The Sun.
London, England, 1848-09-29 00:00:00

NIN3, SEPTEMBER 29, 1848.

THE CHARTIST TRIALS.

CENTRAL CRIMINAL COURT.
OLD COURT.
TRIAL OF CUFFEY, LACY, AND FAY.

(Continued from our Afternoon Edition of yesterday.)
Mr. BALLANTINE said—lt was true, Davis 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 Cuffey into all kinds of violent expressions.
No letter or document of any kind was found in the
house of Cuffey or Lacy evincing the slightest scintilla of
conspiracy. 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 moat 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
e tells. Wasth them
it h eexpected only compensation for loss of
imlikely that a person would destroy his
t
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 falsehood upon the
jury, and he was sure they would not believe it. The
Attorney-General said, with a thrill of ecstatic delight,
Respectable shopkeep-
e
ethraatdDidanvoist
condescend a "shopkeeper."tobeco m spies. He agreed with
the Attorney-General that Powell was" a bold bad man,"
was
but Davis was a sneak. The thief that sneaked into an
area was more 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 auspicious 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. •
Oa their return,
James Parris was called and examined by Mr.
HUDDLESTONE—He said he had been employed as a
carpenter for seven or eight years by Mr. Smith, the
brother-in-law of Powell, a builder. He had known
Powell eleven years. His character was not good.
From 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 another
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. He asked
witness and some of the other men to join it. This
might be about three weeks after the Kennington-com-
mon meeting. He at the same time pointed out a person
who could make him a pike.
Cross-examined—Was not at the Kennington-com-
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 he 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 ho 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 fromhim, that he was not a
Chartist, and that the Chartists !could 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 bettor 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 ho would come to his house he would show him mate-
rials enough to blow London to hell in half 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 accounted 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 hoard 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
loaves he thus tore out. lie used these exclamations,
he believed, i❑ the presence of a person named Carr.
!tie-examiued--Carr has several times heard the blas-
phemous language I have sworn to.
By a Juror—He broke the name of the Saviour from
the leaf several times, and from several parts of the
leaf.

By Mr. Baron PLATT--I sometimes read the Scrip-
tures on Sunday, and on the working days read the
newspaper.
Alfred Carr, a carpenter, deposed that he knew
Powell well for many years, and had worked with him
three or four years, and that he would not believe him
on oath.

Cross-examined—As near as I can fix the time I last
worked with Powell was in 1842. It was in the Fe-
bruary. This paper I hold in Ity hand is a date I had
made to convince me I was right as to tho poriod I last
worked with him.

The ATTORNEY-GENERAL requested the paper might
be handed to him, which was done.
Examination continued—Those dates were made out
by some one in the shop. lam sure it is six years ago
since I worked with Powell. That date of February
refers to a period when Powell was charged with having
attempted the murder of his father. The witness then
went on to corroborate the evidence of the last witness
as to Powell blaspheming, and adding some relating to
the Holy Trinity and the Virgin Mary, of a most gross
and obscene nature. I have also seen him burn partions
of the Genesis. I have known him to destroy the men's
tools. I never destroyed any man's tools. I was a
Chartist in 1838. Although Powell was then on good
terms with me, I know he would hare betrayed me if
he could, and tried to do so.
Re-examined—That date, February 9th, 1840, has
only relation to the charge against Powell of attempting
the murder of his father.
By Mr. Baron PLATT—Powell used to take me to
those meetings. I thought he meant to get me into
trouble, because he used always to talk of ripping the
policemen's bowels open. I was satisfied that he only
meant to betray me, and that there was no good in it,
and I left before he could lead me into it. lam not a
Chartist, and on the 10th of April was out to preserve
the peace.
James Bennett examined—l know Powell, and first
became acquainted with him four years ago,
and used to
mend his boots and shoes. Upon the 3d of April, in the
present year, I met him at the National Hall, Holborn,
and I walked part of the way home with him. On our
road he asked me what I meant to do on the 10th .0
April. I said, "Go to the meeting." He then sal
" How do you mean to so?" I asked him what he_
meant, and he said, "Do you not mean to go with
arms?" I said I did not, and he said I was a b
fool if I did not.

The rest of his evidence merely went to prove that
Powell used every endeavour to get the witness to arm
himself.

Cross-examined—I never had a gun, pike, sword, or
pistol. I would not join or listen to any argument in
favour of force.

Re-examined—l am a moral force Chartist.
By Mr. Baron PLATT—Orders had been given to the
Chartist body not to go armed to the Konnington-coai-
mon meeting. If they had been to the contrary, I should
not have observed them or gone. Before I went to the
meeting with Powell I searched his pockets, to see that
he had nothing in them. That was at Cartwright's.
He had spoken about hand-grenades or cartridges, and
bad I found anything of the kind upon him, I should ha eo

thought him a dangerous character, and not accompanied
him.

John Westmoreland, a master tailor, living in Wat-
ling-street, was a moral force Chartist, and had been for
forty years. Did not know anything of Powell until ho
came and forced his company upon him as he sat reading
at Cartwright's. Powell then, upon more occasions than
one, showed him plans of organization, and did all in_bis
power to obtain his acquiescence and assistance to join
in the proposed outbreak.
George Thurston, a moral force Chartist, swore that
Powell was the first to speak to him about making one
to take part in the proposed outbreak, but witness would
not listen to him. He also told him that he had a pair
of pistols for sale, which he wanted six shillings for,
adding that if witness would buy them, he would give
him a half-pound of powder into the bargain. Witness
did not accede to any of his overtures. Nothing mate-
rial to affect the credibility of this witness could be eli-
cited in his cross-examination.

The next witness called was Henry Green, but he,
not being present during the cross-examination of
Powell yesterday, when the witnesses for the defence
were severally called in to be identified, Powell was re-
called, and having seen Green, the latter was ordered out
of court.

Powell was then re-examined, and said he would not
deny having seen Green at a meeting in the fields, or
that he had told him to arm, and that he was not worth
a d—n if he did not. Neither would he deny that he
went amongst the crowd that was there and persuaded
them to arm.

Green was then called into court, and in his examina-
tion deposed to the admission made by Powell, adding
that he (Powell) told him he had no right to speak of
the Charter if he would not arm.

Cross-examined—On the night of the apprehension of
the Chartists I was with Powell, and he showed me a
sword, and said if I would tell him where I lived he would
give me a dagger. On the night before he asked me if
I was ready to fight for my rights. I said I had no
arms, and he proposed that I should make one of
the mob either at the Tower Hamlets or Seven-dials, as
there would be plenty of gunsmiths in the district to be
broken open, and I could arm myself. He tried all he
could to ensnare me. On both nights he had been try-
ing. I went home and went to bed with my wife. I
am a moral-force Chartist, and would much sooner be at
home and in bed with my wife than out fighting in the
streets.—(Laughter.) I have seen the prisoners, but I
do not know them. Powell tried all he could to find out
where I lived, but I would not tell him. He said if I
would he would leave a dagger for me. He wanted to
entrap me, but could not.

Daniel Burn deposed to meeting Powell at Cart-
wright's, and at the Milton-street Theatre. Upon both
occasions he talked of fighting, and offered to give wit•
ness a pistol.

At the conclusion of this witness's evidence the jury
begged their Lordships would adjourn the case, which
was acceded to; and at the request of several of the jury-
men, who complained of illness, the Attorney-General
gave them permission to go out for a walk in custody of
the officers before they resume their sittings this morn-
ing at ten.
MIDDLESEX SESSIONS.

(Before the ASSISTANT-JUDGE.)
Robert Ashdown was indicted for keeping a common
gaming-house, in Castle-street, in the parish of St.
Martin-in-the-Fields.

Mr. Brierly appeared for the prosecution, and Mr.
Clarkson for the defence.

It will be remembered that a person named Levy
had been tried and convicted of keeping the house
named, when he was sentenced to three months' im-
prisonment, and ordered to pay a fine of 1001. This
sentence was, however, commuted, and ultimately he
was liberated altogether.
It appeared from the evidence of Mr. John Bond,
the prosecutor, who described himself as a medical
man, that he was in the habit of frequenting the house
indicted. He referred particularly to the 30th and
31st of July, and the 16th of August, 1847, when
he saw roulette and other games played. The de-
fendant and two other men, named Weeks and Levy,
were there. Ashdown and Levy were bankers. The
game varied from one shilling to 201. 11e presumed
a player could bet up to that amount. He saw him-
self from one shilling to 4/. or 51. on the games.
The witness was severely cross-examined by Mr.
CLARKSON, with a view of testing his character.
Witness stated that he was a member of the College
of Surgeons, and a member of the Apothecaries'
Hall. The bills were found by the grand jury on his
own evidence. No other witness was examined. He
first was initiated in gambling 1$ years ago, but for
an interval of 10 years subsequently had never
entered a gaming-house. He knew a place called
Nuneaton, in Warwickshire. Never gambled there.
Never was charged with secroting two aces, whilst
playing at cards, nor never was charged with lade-
cen,t,ly assaulting his own female servant or any other
person.-.,.He never received 301. to compromise this
prosecution, but lie-applied for a loan of 301. to a
person named Lang; wrote a letter for it ; did not
threaten to give evidence of an unpleasant nature
against him if he did not give it to him. He asked
it as a loan, and promised to give his note of hand at
21 days for the loan, but he would be able to pay it
before that time, as he expected some money in eight
or nine days after the application. He never refused
to give the warrant to the police officers. Gough,
the police constable, never told him that if he had
the warrant he could take the defendants. No one
ever said so to him but Inspector Shackell. Gough
had the warrant for a fortnight or three weeks, and
he (witness) complained to the Police Commissioners
of the circumstance. Here the witness burst into a
terrific passion, and said that there was a conspiracy
against him, and the police authorities were bribed in
the whole pith of it.
A Mr. Waddilove, and a Mr. Moses Abigal, were
then called, but although both witnesses were in the
house, and saw the defendant there, neither of them
could say that he had taken an active part, or that he
appeared to be the proprietor.
Mr. CLARKSON then addressed the jury for the
defence, dwelling chiefly upon the prosecutor's cha-
racter, which he severely criticised. The prosecutor
being present, called upon the Court for protection,
but Mr: Clarkson still continued, when the prosecu-
tor called him a _
The Learned ASSISTANT-JUDGE ordered the pro-
secutor into custody, but on making an apology, he
was liberated.

The ASSISTANT-JUDGE, in laying the case before
the jury, said the only question for them to determine
was, whether they considered the prosecutor was
worthy of belief.
The jury Acquitted the defendant.

John Bullock and Moses Hart was then called upon
to plead to a similar indictment, preferred by John
Bond.

Both prisoners pleaded—Not guilty.
Bond was then examined, but his evidence on the
point was similar to that which he before stated.
Other witnesses were then called, but their evi-
dence did not in any way implicate the defendants. In
fact, some of them had not been in the house for eight
years previously, and those who had been there never
saw the defendants play, nor ever saw a roulette-
table in the house.
The defendants were acquitted.

POLICE INTELLIGENCE.
MANSION-HOUSE.

A young man, named . in ' Wynne according
to the station-house list, was brought before the
Lord Mayor, charged-with having attempted to shoot
William Cormick, City policeman No. 483.
The prisoner, who appears to be about twenty
years of age, and looks like a simple Irish country
boy, was dressed in an exceedingly slovenly and
shabby manner.
The policeman said this morning, at about two
o'clock, I saw the prisoner loitering about my beat in
Thames-street, near Queenhithe, and I asked him
what he was hanging about fort He made no
answer. A sergeant of the force then came up, and
put the same question to him, but he made no reply,
and walked away. The sergeant, who did not like
his appearance, followed him, and spoke to the
policeman on the next beat about him. I saw no
more of him until a quarter before four o'clock,
when I perceived him sitting upon some bricks
in Garlick-hill, near Thames-street, and I said
to him, " What, are you here again loitering ?
You must give some account of yourself. Where do
you live ?" He said, " You I've got it in for
you. I owe it to you for last night." I then made
up to him to take him into custody, upon which he
immediately pulled out a pistol, and pointing it at
me, said, " Here, take that, you , and attempted
to fire.- I was about a yard and a half from him at
the time. The pistol flashed, but missed fire, and the
prisoner immediately ,ran off. I instantly pursued
him, and another policeman came to my assistance,
and when we reached him he presented the pistol at
us, and said, " The first --- that comes near rue is
a dead man." I watched him, and as soon as I saw
him take his eyes off me I struck him with my staff
and he ran, but fell opposite your Lordship's- house
in Queenhithe. He dropped the pistol, which was
found to be loaded with powder and two balls.
The
LORD Mayon—Hare you ever seen him be-
fore, or do you know anything about him ? Police-
man—l know nothing about him, and never before
saw him to my knowledge.
R. Davis (policeman 491)—As I was duty on on
Brookes's wharf I heard a rattle, and
I ran to the
spot from which the noise issued, expecting it was
caused by a fire. As soon as I got opposite Queen-
hithe Church I heard the prisoner say—the first man
that comes near me is a deal mp,v3. When the pri-
soner saw me he turned roved and presented the
pistol to me and said—You keep off. I said—
Wait a minute, don't ha in such' a•hurry. He then
retreated, with his back to the wall of the church,
still presenting the pistol at me. I was closing on
him fast, and he said—You keep off; still pay-
ing attention to me. The complainant then watched
his opportunity, rushed upon the prisoner, struck him
on the head with his staff, and stunned him. The
pistol arm dropped, but he recovered, and endeavoured
to escape. I was close at his heels, and when he got
close to your Lordship's door, in Queenhithe, he tell
to the ground; and threw the pistol with great force

away from him, and it struck fire against the stones.
I kepi, nini on the Bi•onaii, anti tne 6-ageal; Caine -up,
and he was then conveyed to the station-house, where
I searched and found upon him the percussion caps
now produced, two shillings in silver, and fourpence
in copper.
The LORD MAYOR—Hed he any more powder or
balls ? Witness—None at all.

T. C. Everett Xacting sergeant at the Bow-lane
station-house)—l asked the prisoner before he was
locked up what induced him to make such attempt, at
the same time cautioning him that what he should
answer would be produced in evidence before the
magistrate. He said, that the cause of his so doing
was because he was ill-used by the policeman.
The complainant—l asked him why he aimed the
pistol at me, but he said nothing.
Inspector Wallor produced the pistol and the con-
tents, and said, of the two balls with which it was
loaded, one, which was smaller than the other, was
wrapped in a piece of brown paper. I had the pri-
soner before me, and he said, in answer to my
question, that he did not know where he lived, but it
was somewhere about Tower-street; that he was
about three weeks in this country and that he bought
the pistol for six shillings, but he did not know
where. I asked him how he came to fire at the
policeman, and he replied, that last night the police-
man got pulling him about, and that he would shoot
him. I could not ascertain where he resides.

The LORD MAYOR—Prisoner, do you wish to ask
any questions of these witnesses ? The prisoner—
No, sir.

The LORD MAYOR —Have you any explanation to
make of this extraordinary conduct ? The prisoner
—The reason I did it was what the policeman stated,
your Honour. I was pulled and dragged about in
the street. I might be mistaken in the policeman
that did it, but if it was not him it was some other
policeman.
The LORD MAYOR—How long is it since you
bought the pistol ? The prisoner—Fifteen days.
The LORD MAYOR—Do you know where you
bought it ? The prisoner—Not exactly where, but I
bought it in London.

The LORD MAYOR—From whence do you come ?
The prisoner—From the county Roscommon. lam
three weeks here.

The LORD MAYOR—What induced you to come
here The prisoner—I've got friends outside the
City, in Gravesend.
The LORD MAYOR—What are the names of your
friends? The prisoner—I'll not tell that, your
Honour, for they little think that this misfortune has
happened to me.
Inspector Waller said that several of the City
policemen had called to look at the prisoner, but not
one of them had ever seen him before.

The LORD MAYOR—I shall remand the prisoner
till Tuesday, in order that strict inquiries may be
made about him. At present there is a great deal of
mystery in the affair.
In the course of the investigation the prisoner
stated to Inspector Waller, who sat near the bar, that
his name was Bryan.
A young woman, whose name appeared on the
station-house list as Sarah Ann French, was brought
up under the following remarkable circumstances :
Mr. Walker, who resides in Liverpool-street,
stated that his son informed hitn that morning that
there was a young woman below stairs who had
broken a window in the house, and he wished to
know whether the offender should be given in charge
to the police. Upon inquiry it was evident that the
case was one with which a magistrate ought to deal.
The young woman, finding that there was no disposi-
tion to prosecute her for the offence she had committed,
declared that she was anxious to go to prison ; that
she had been pursuing very abandoned courses, was in
a desolate condition, and hoped in time and through
the interference of the magistrate, to be restored to
society.
The LORD MAYOR—Is she known to our officers ?
Spittle, an experienced officer, said he knew her well,
and he was quite astonished to see her in the situation
in which she stood at that moment, for she had been
living splendidly for a considerable time, and was the
associate of the most dashing housebreakers in the
Metropolis. He had had her in custody in the year
18-13, having apprehended her in possession of several
housebreaking implements. She was at that time
sentenced to imprisonment in Bridewell for two
months. About that time she was constantly in the
company of and acting with gangs of thieves.
The LORD MAYOR—What do you think of this
avowal of her wish to leave the abandoned life she has
been leading ? Spittle--I believe her to be sincere.
I do not think she would have thought of such a thing
as this if she was not sincere.

The LORD MAYOR to the defendant—What have
you done with your former associates ? have you
left them, or have they left you ? The defendant—
I have left them. I never wish to see or think of
them more.
Spittle said he had reason to believe that she had
sold a splendid house and furniture, of which she had
been possessed, and had of late lived upon the pro-
ceeds of the sale. It was not, however, so easy to get
rid of the villanous associates whom she had been in
the habit of assisting.
The LORD MAYOR then fined the defendant, pro
forma„ in order to be justified in sending► her to
prison, until more particular inquiry should be made
into her circumstances and actual condition.