The Sun.
London, England, 1848-09-28 00:00:00

fourtbVibttion

TRIAL OF THE CHARTIST
CONSPIRATORS.

CRIMINAL COURT.—(THIS DAY.)
OLD COUI?7.
CONTINUATION OF TfIE TRIAL OF CUFFEY,
LACY, AND FAY.
Mr, Baron Platt and Mr. Justice Williams took their
toerttP, on the bench at ten o'clock.
Mr. BALLANTINE proceeded to address the jury on
behalf of Cuffey and Lacy. After some prefatory re-
inerks, be contended that the: Attorney-General was
Wholly unjustified in saying that the prisoners were con-
beefed with any plan of organization with a view to a
general and simultaneous rising of the people throughout
the country. No evidence had been adduced to show
that they had any connexion with any such organiza-
tion .
.The Attorney-General had said that no great
public good was ever obtained by violent measures.
IThy, it was notorious, that the great measures on which
their liberties rested were obtained at the point
of the bayonet ; but, under the sway of
the reigning Monarchy, who desired by every
means to promotelthe welfare of her subjects, force was
Unnecessary to obtain that which was obviously good.
Ile was perfectly ready to admit that the prisoners had
been guilty of great impropriety, but he denied that they
had any intention of levying war against the Queen. It
Was said that the Acts under which the prisoners had
been indicted was most merciful, since it reduced the
crime of treason, of which in effect the prisoners were
charged, to an ordinary felony, and hence abolished the
Punishment of death, and the disembowelling of the yet
Warm body of the malefactor. lie admitted further that
the Government of the present day was merciful, but do
not let the jury forget that the time might come when a
Government might be disposed to tyrannise, and when
they might have unconstitutional judges and uneonsti-
t itional attorney-generals—let them also bear in
mind that a conviction under this Act placed the
Parties affected in the position of serfs of the
Government for life; since, in the discretion of the Court,
a man so convicted was no longer a free man. Notwith-
standing the mercy of the Act and the leniency of the
Government, the making of the offence a felony perpe-
trated a monstrous injustice, as it took away the privi-
leges which prisoners indicted for the high offence of
reason enjoyed; as a copy of the indictment, and a list
of the witnesses to be called against, and the jury who
were to try, them, were not furnished to them . The pri-
vilege was taken away altogether. Doubtless the meetings
were unlawful, and deserved to be punished by the law—
doubtless a deal of foolish talk was uttered, and there
wag a great deal said about hand. grenades, in a wild
and untutored belief that they would thereby obtain
be People's Charter ; but it was absurd to say
that the object of this conspiracy was to levy war against
the Queen. The idea was absurd. Don't let them be
told that a meeting at a pot-house, and the nonsense
talked by Cuffey, and the finding of pike-head in a
garret, was levying such a war. Let them, therefore,
not be carried away by the special pleading of the At-
torney-General, but find them guilty of a misdemeanour.
Was it not very likely that the spies of the Government
tutored these foolish, excited, weak people, into acts of vi-
olence, who in reality had no wicked design; that they had
fomented the whole matter, and planted about the
persons of these persons, and about their houses, evi-
dences of guilt which they intended to use for their
own purposes hereafter, and which they had themselves
concocted. He trusted the jury would not forget that
many of the greatest men of England had died upon
the scaffold in defence of the very liberties they now
enjoyed, and that they should not consent to take
away the liberties of their fellow subjects without the most
rnatueo consideration, and without a due sense of the
Precedent they thereby created. Ile then proceeded to
deal with the witnesses and the evidence adduced by
thee,. He did not anticipate that in a grave charge of
this kind they would believe a person whom they would
not, trust in their shops by a drawer containing money
which they had not counte,l, or in fact lend him half-a•
Brown. "They must apply the same rule to matters of
this kind as they would to the ordinary pursuits of life.
The prisoners had a perfect right to combine as others
had done to obtain by constitutional means the Charter.
It was as open to a fair discussion as the expediency of
adopting the Reform Bill, or the repeal of the corn-laws,
Which, though as much opposed one time as the Charter,
had become law. When persons had combined for a
Certain purpose—the Charter, for instance—was it not
tasy for ;wicked persons, for gain, to join them in the
guise of friendship, and to fan tho already excited
!dements of the confederation into a flame. Other bodies
In good repute—the Freemasons, for instance—had
Warders and other officers, and used secret symbols.
The ATTORNEY-GENERAL said the Freemasons had
an Act of Parliament legalising their proceedings.
Mr. BALLANTINE said the Odd Fellows were not
legalised by Act of Parliament. He accused Powell of
having created violence where there was a disposition
for peace, and with being a person utterly unworthy of
belief. They had heard from his own lips that he had
disseminated his poison among his workmen—originated
and fomented the crime now laid to the charge of the
prisoners. Was it not obvious that he had made the
.r.st, pike head, and exhibited it to those with whom he
joined, in order to induce them to make others, and
when the proper time arrived thereby to strengthen the
ease against them? What evidence had they to show
that Davis had not used many of the violent expressions
deposed to by Powell? How many:spies were there?
Was it not possible that there were many more, and that, in
truth, they formed this formidable conspiracy, and drew
the prisoners and others into the gulf? The Attorney-
General had stated in his opening that there were
thousands upon thousands in London who knew not
where to get a morsel of bread or a bed to lie
upon at night. It was a lamentable and an appalling
fact; and was it not likely that these houselvss and
famishing wanderers were easily made the tool of a de-
signing scoundrel like Powell, who had not even the
merit of being an accomplice—the man who bad as-
saulted his own father, deserted his wife, played the des-
picable part of a decoy at a gambling table, and run
races to bring custom to beer-shops. He asked them,
With a strong sense of justice, not to believe this man—
to put no faith in him. In war, a spy, when detected,
Was hung up like a dog to the nearest tree; but perhaps
a spy in civil matters, and more especially one against
the Chartists, was a more respectable person, and less
deserving such a fate. He (Mr. Ballantine) did not think
10, and be believed the jury would agree with him; but
they would of course form their own judgments. Then
again, was it not remarkable that Davis stated his atten-
ion had been drawn to the evidence of Powell by read-
ing it in a newspaper. He admitted he had read it.
Was it not likely he had learned his lesson from that
person's testimony? It was true, he came before them
in the guise of a respectable man. It was just possible
that he was no more worthy of belief than Powell.
Owing to the way in which he had been called, no
notice having been given that he was to be put into the
box, the prisoners had had no opportunity of making
any inquiry about him. The same remark was appli-
cable to Tilden, who, it appeared, from his own statement,
got Cuffey appointed a leader in his stead, as his pre-
tensions were modest. They found him endeavouring to
entrap poor Curley into all kinds of violent expressions.
No letter or document of any kind was found in the
house of Cuffy or Lacy evincing the slightest scintilla of
oonspiracf. It was true a pike handle was found
in the garret of the house in which Cuffey
resided. Was it not remarkable that Tilden
was in the habit of going constantly to Cuffey's,
and that he went there after Cuffey had been taken into
custody. Then they could have no doubt that the tri-
colour produced was made: by:Powell. The Learned
Counsel, after an address of two hours and a half, con-
cluded by trusting the jury would acquit his clients.
Mr. PARRY next addressed the jury on behalf of
Fay. He said even the polluted lips of Powell
were not guilty of charging the prisoners with aspersing
the gentlewoman that filled the throne. Now he would
show from witnesses that Powell had used the most in-
decent and disgusting expressions with respect to the
Queen and her Consort. Having complained of the
loss of the privileges taken away by this Act, he put it
to the jury if they could fail to be of opinion that
Davis was not one whit less polluted than Powell.
He tells them he expected only compensation fur loss of
time. Was it likely that a person would destroy his
character, and so get himself to be pointed at and to be
shrunk from by his wife, his children, and his friends,
without gain? He palmed a silly f I,ehood upon the
jury, and he was sure V•ey would not belteve it. The
Attorney-General said, with *hull of ecstatic delight,
that Davis was a " shopkeeper." Respectable shopkeep
era did not condescend to become spies. He agreed with
the Attorney-General that Powell was " a bold bad man,"
but Davis was a sneak. The thief that sneaked into an
area was less despicable than the highway robber.
Where are the ribbons which Powell said were distri-
buted on the 15th ? Not one was found when the pri-
soners were arrested, and the one produced was found
under suspicious circumstances. Could they believe the
truth of that, or of any portion of his story? Fay was
taken at his father's shop, and no arms or ammunition
were found upon him. After saying he should prove that
Powell instigated the prisoners and others to act with
violence, the Learned Counsel concluded an able and
elaborate address on behalf of the prisoner Fay.
The jury then retired for a short time.
On their return,
James Parris was called and examined by Mr.
Iit;DALF.STONE —Ho
,said be had been employed ai a

TILE

carpenter for seven or eight years by Mr. Smith, the
brother-in-law of Powell) a builder. He had known
Powell eleten. years. his character was not geed.
Front his general character he could not believe him on
his oath. Had heard him speak upon religious subjects
sometimes, but could not recal to his mind what he said.
Cross-examined by the ATTORNEY-GENERAL—WouId
not believe him, because he once came and said Lord J.
Russell had cut his throat— (Laughter)—and on anoth' r
occasion that he had seen a person steal a side of pork;
that a Mr. Hudson, a neighbour, was dead. Saw Powell
on Friday. Did not shake hands with him, but told
him he was sorry for what he had done, on account of
his children.
The ATTORNEY* •GENERAL— Are you a Chartist. ?
Witness—No, lam not. I don't know what it is.
The ATTORNEY• GENERAL—YOU don't know what
Chartism is? Witness (in a broad Scotch dialect)—
Naa; tell me what it is, and then I will answer you.—
(Roars of laughter.)
By the JUDGE—Never heard him called, by his shop-
mates, " lying Tom."
Thomas Osborne, another workman in the employ of
Mr. Smith, deposed that ho had known Powell for about
three years and a half. Would not believe him on his
oath, if it was uttered on his dying bed. Remembered
his saying, about two months ago, that there was to be
a Chartist rising. He said so to me alone. Ile asked
witness and some of the other men to join it. This
might be about three weeks after the Kennington-com-
mon meeting. Ile at the same time pointed out a person
who could make him a pike.
Cross-examined—Was not at the Kennington-corn-
mon meeting. Was at Bishop Bonner's-fields on the
afternoon of the day the police were attacked. Did not
hear Ernest Jones speak. Attended a meeting at a
public-house in the Birdcage-walk on a Sunday in
April. Told Powell that h had joined the Chartist
movement--that was not true—it was a lie. He would
not believe Powell, because he had found him out in so
many. Heard him say that Lord John Russell had cut
his throat, and he charged him 2d, for a note which had
been given him (Powell). Often attended meetings of
Chartists after the 10th of April.
Re-examined—Told Powell he had joined the
Chartists because he was afraid of him. He was afraid
to offend him, for he used to seek revenge on the tools
months after.
Richard Fennell, carpenter, employed by a Mr. Hill—
Has known Powell for the last thirteen or fourteen
years. From what he knew of him would not
believe him on his oath. Had heard him called
" Lying Tom" to his face in Mr. Smith's shop hun-
dreds of time. Had also heard him speak upon reli-
gious and political questions a number of times. Had
heard him say that he would send the Queen, the
foreigner, her family, and Lord John Russell and Sir
George Grey, to hell in no time. Had asked wit-
ness to join the Chartists at Cartwright's about ten
days before the 10th of April. He told him (Powell),
in answer to a question from him, that he was not a
Chartist, and that the Chartists would not get that mea-
sure by the way they were going on. He said they
would get it in a month. Also asked him (witness)
to propose him as a delegate, after he (Powell)
had proposed him as a member, saying at the
same time that he could thereby get 21. or 31. a week,
which would be better than working at old Smith's at
carpentry. Told him (witness) that the Government
was a weak and a.— Government; also said "Look
at the Queen spending her hundreds of thousands a
year in idleness, and here are we obliged to work
at the bench for a bit of bread." He said
if he would come to his house he would show him mate-
rials enough to blow London to hell in halt au hour.
Did not go. Went part of the way, but turned back,
knowing the bad character of the man. Had threatened
him if he did not join the Chartists that he would point
out him and others, and that they would get a ball
through their heads. Had showed him some Socialist
tracts some years ago.
Cross-examined—Was dismissed by Mr. Smith, after
some weeks' notice, on account of the badness of trade.
The ATTORNEY- GENERAL—Why would you not be-
lieve Powell on his oath? Witness—ls it likely that I
would believe a man when I have heard him swear
times out of number that he would swear anything
if he was paid for it. Had heard him read the Scrip-
tures, and when he came to the name of Christ or the
disciples, tear the part out, and say of either, " Let us
burn that --;" the " disciples were the biggest scoun-
drels I ever heard of."—(Sensation.) When he came
to the' name of Judas, he heard him once say, " He
was a capital fellow; he got well paid. I would
have done it for half." He used to burn the
leaves he thus tore out. He used these exclamations,
he believed, in the presence of a person named Carr.
[The case was proceeding when we went to press. It
will not conclude before to•morrow.]

REGISTRATIONS. - (THIS DAY.)
CITY OF LONDON.
Mr. M‘Christie resumed his sittings.
The name of Charles Grenville I'rideaux, described
as of 2, Elm-court, and 4, Brick-court, Temple, was ob-
jected to by Mr. Smith on the ground that his qualifica-
tion was improperly stated. The qualification was for
Brick-court, but he had not occupied the chambers a
sufficient length of time to entitle him to vote, although
he had continuous occupation in the parish, having pre-
viously rented chambers in Elm-court.
Mr. SNITLI stated that where the continuous occupa-
tion was made up by residing in two houses, it was re-
quired that both of them should be set out in the quali-
fication column.
Mr. BROWN held that the Revising Barrister had
power to rectify such an omission.
Mr. M'CnnisTin decided that the objection was
tenable, and struck the name from the list.
Tomorrow being the day appointed for the election
of Lord Mayor, Mr. M‘Christie will not sit, but he will
hold a court on Saturday, at ten o'clock, when it is ex-
picted that the revision will be completed.