The Sun.
London, England, 1848-09-23 00:00:00

et trb 'ambition

TRIAL OF THE CHARTIST

CONSPIRATORS.

CRIMINAL COURT.-(THIS DAY.)
____

OLD COURT.
Mr. Justice Erie and Mr. Justice Williams took their
seats on the bench at five minutes after 10.

Immediately after William Dowling was placed at the

bar.

Samuel Evans, superintendent of police, deposed to
searching the house of Mrs. Keith, the keeper of the
Temperance Coffee-house, opposite the Lord Denman,
on the 10th of August.
Mr. Granville, in the employment of Mr. Darby, fire-
work maker, deposed to examining some balls found at
the residence of the prisoner. They contained 21 ounces
of gunpowder, and some old nails. A fusee was at-
tached to each, which, when ignited, would not reach
the combustible matter for a short time. If one were
thrown into a room ignited a great deal of smoke
would be caused, and curtains, for instance, might be set
fire to. Let off in an open space, they would be harm-
less to persons a yard or two off.
The ATTORNEY-GENERAL here intimated that this
closed the case for the prosecution.
The statement of the prisoner when before the ma-
gistrate having been read,
Mr. KENEALY said he rose to address the jury under
feelings of pain and sorrow, on account of the strong
political feeling evinced by the Attorney-General in
conducting the case for the prosecution. Ile had read
much of the past history of this country, but he
solemnly declared that the way in which the Attorney-
General had acted in this matter exceeded the cruelties
perpetrated in the name of the Attorney-Generals of the
reigns of the Stuarts and the Tudors. Because he had
availed himself of all the forms of the ancient law of the
country, for which he should ever stand up, on behalf of
his client, the Attorney-General had, in a spirit of ven-
geance, insisted upon his client being put upon his trial.
Was this becoming on the part of so high an officer—
was this the spirit of mercy in which a prosecution on
the part of t' e Crown should be conducted? He had
gone further. He had called the prisoner a
felon before a jury of his countrymen had
pronounced him one. The great Sir Walter Raleigh,
when aspersed in a similar spirit by the Attorney-
General of the day, who prosecuted him, told him that
"he was a spider of hell." The Attorney-General of
the nineteenth century was equally deserving of repro-
bation. But the Attorney-General bad done more—ho
had said that he blushed to say that he (Mr. K.) had
attended a meeting of the " Davis" club, and proposed a
motion deprecating physical force. He made the state
ment in the sanctuary of justice, and in the presence of
two of the judges of the land. Had he made such an ob-
servation elsewhere he should have chastised him for it.
Mr. Justice ERLE interposed, and advised the Learned
Counsel to confine himself to the evidence, and not to
deal in Expressions of the kind ho had uttered.
Mr. KENEALY went on to say, that this prosecution
was but another instance of the gradual abrogation of
the rights of the people, for, notwithstanding the progress
of civilization of late, the Act of Chaves 11., an Act passed
in the most disgraceful period of our history, had been
disentombcd and applied to the people of the present day.
Stronger evidence of treason was adduced in the case of
Hardy, Horne Tooke, and others, yet the juries em-
panuelled to try them—London juries—who valued the
rights of the commonwealth, acquitted them with in-
dignation at their prosecutors. But, in cases of treason,
a prisoner wa entitled to two counsel, to have the names
of the jurors empannelled_ to try him, with their occupa-
tions, tin days before his trial, and to address the jury
himself ; but by the Act under which this prosecution was
instituted, which the Attorney- General bad the face to
say was conceived in a spirit of mercy, all these privi-
leges were taken away. He was ready to admit, to the
fullest extent, that the conduct of the prisoner was
highly criminal and foolish ; but he denied that he had
conspired to levy war against the Queen. The Parlia-
ment that passed the Act of Edward 111., which first
defined the crime of treason, and which the Act recently
passed was said to modify, was
called the "Blessed
Parliament ;" but surely the present Parliament,
owing to the cruelty or the measure, was far
from being entitled to such an appellation. The
proper way to govern a country was not by the
sword, nor by police with those fearful cut-
lasses which had been described in the new-
papers. To show the spirit in which the recent Act
was passed he might state that it adopted the language
of an Act passed on theillteth of December, 1795—a most
disgraceful era in our history, since that Act so quoted
said if twelve men met to discuss their rights and did not
disperse when directed by a justice of the peace, that
they should suffer death. The wars of the Red and
White Roses," the houses of York and Lancaster, the
wars of the Stuarts, the rising of the barons against King
John, were truly described as levying war against the
Crown. Those who took a part in those great move-
ments would have scouted the notion of a few
miserable Chartists, with a few rusty pikes/
con-
sidered capable of levying War against being
the Queen. It
was utterly absurd to say tnat the prisoner and others
had assumed royal authority, for this was made a charge
against him and them. Lord Coke clearly drew the
distinction between a mere riot and levying war. Had
the prisoner—had Cuffy, of whom they bad all heard,
assumed royal authority ?—(Laughter.) It was ridi-
culous to say they had.
Mr. Justice ERLE said, Lord Coke spoke of persons
breaking open prisons and liberating prisoners. He could
see no reason why the persons charged with the prisoner
might not have had that intention.
Mr. KENEALY said they had committed no act of ag-
gression; they had done nothing of the kind, They
might recollect that Percy Hotspur levied war against
the King; his father, the Earl of Northumberland, col-
lected a force and marched it through the country, in-
tending, no doubt, to aid his son, but he did not en-
counter the force of the King under the Earl of West-
moreland, He was tried, but his peers found him guilty
of a rout alone, not levying war. The Learned Counsel
then went on to quote Lord Hale, in the course of which
he told the jury that they must decide with that high
authority that the prisoner had not levied war. Ac-
cording to the law he was not guilty of that offence.
Mr. Justice ERLE interrupted the Learned Counsel
by saying that it was his province to explain the law to
the jury.
Mr. KENEALY declared that he was not quoting un-
fairly.
Mr. Justice ERLE said he was quoting isolated state-
ments, and telling the jury that they must, in law, decide
in accordance with them.
Mr. KENEALY inquired if his Lordship intended to
tell the jury not to believe him.
Mr. Justice ERLE said he had already explained what
he meant.
Mr. KENEALY said, on the trial of Hardy evidence
adduced on former trials was adduced. Former convic-
tions, at such trials, wore usually made matter of dis-
cussion.
Mr. Justice EnLE intimated that it was improper to
do so.
Mr. KENEALY inquired if he might not read extracts
from other cases as matters of history.
Mr. Justice ERLE said, to quote isolated portions, and
to tell the jury that they must decide in a similar spirit,
was going beyond his province.
Mr. KENEALY contended that the jury must decide
upon the facts as well as in accordance with the law.
Unless they were satisfied that the prisoner intended to
levy war against the Queen—for breaking into all the
gaols of London could not make up that offence—they
must acquit him. It was ridiculous to say that thirty-
one men, shoemakers and carpenters, and others, devoid
of education, property or station, could establish a re-
public. Twelve intelligent men must have a greater
amount of credulity than ho could imagine to believe
such a statement. Was it not far more likely that they
intended to attack the police, for they could not fail to
bear in mind the way in which the police had dispersed thei
meetings? There was no ground for believing that there
was a "plotting committee. It was true there was an ul-
terior committee. The Learned Counsel then proceeded
to comment upon the conduct of Powell. They might
take it as a general rule, that when a Government em-
ployed such servants, and found it necessary to pay spies
and arm police, that it was a bad one. Powell said that
the men were a parcel of fools, and indeed it was evident
they were, or they would not have admitted him. amongst
them. at faith could they put on the "Tidenee of