The Sun.
London, England, 1859-11-23 00:00:00

man."' 'Would that be a legal hiring ? Now, in 1
this case the hiring, it was understood, was not to
be cotnplete• until the Monday, these threats were
used on the preceding Saturday, when Jocelyn
was not, he submitted, a hired servant of I

Messn. Piper. He wouid not import into the

case any matter in relation to the political or
social economy of strikes ; this was simply a matter
of law and fact for the Court to decide, and he con-

fidently submitted that on the point of hiring, both
in law and fact, the case could not be sustained.
The Assistant-Judge said he thought he could not
stop the case upon that ground. _ _

james--:Will you reserve me the point ?
The Assistp.nt-Judge said that might be consi-
dered by.and-by.
. _ _ _ .

Mr: James then said be would address himself to

the merits of the case, and would trouble the Court
with but few remarks. What overt act of molesta-
tion had been proved against Perharn—what vio-
lence had he been guilty of—what personal injury
had he done ? This was what the statute was meant
to meet; but here, Perham, drinking with the men
in common company along with Robjohn too, told
them that if they went to work in the room of men
who had struck, they would be regarded as " blacks"
and struck against throughout the trade. how
could that be construed into violent intimidation ?
It was a rule of the trade. Was it, a case to which

it was ever contemplated the act should be applied ?
The strike was not illegal. On the contrary, com-
binations of workmen for the regulation of their
hours of labour, their rate of pay, and other matters,
were allowed and sanctioned by the law of this
country.; the masters, too, had a right to combine
if they pleased, but so long as there was no overt
act of molestation on one side or the other, there
was no violation of the law. The rules of the
builders' societies had never been imnugned as
illegal, it had been offered to submit then to the
highest legal authority in the country to see if
there was any regulation or principle contrary to
the spirit of the law of the land and the free rights
of the artisan, and even that course had not been
adopted. It had been urged by his friend that
Messrs. Piper were not vindictive in issuing this
prosecution ; he would beg to say that since the
strike had commenced, one perhaps unexampled,
with all the privations and struggling necessarily
attendant upon it, there had been little violation of
order and propriety. The builders' society defended
this case because they thought and believed sin-
cerely and truly that the defendant had not made
use of any threats which could bring him within
the operation of this Act of Parliament, and he
hoped the bench he had the honour of addressing
would feel it their duty to quash this conviction.
The' 'Magistrates then retired, and after a short
consultation came into court, when
The Assistant-Judge said the object of the Legis-
lature had been that the master in the employment
of his capital and the workman in respect of his
labour, which was his capital, should be free. Mr.
Hume's act repealed the old combination laws, and
now masters could combine, the workmen could
combine, but there must be no threats or intimida-
tion, molestation, or violence on either side. The
present Lord Cranworth, when Baron Rolfe, on the
occasion of a ceebrated tiial in the North, expressed
his opinion that workmen combined together could
reasonably and peaceably persuade others to join
them in carrying out their views without commit-
ting any breach of the law, but that persuasion
must be reasonable and peaceable, and not assume the
character of intimidation and threatening. In the
first place, it was contended here that the language
used by the defendant did not amount to a threat
or intimidation, but was merely an admonition.
Upon that point he had had the great advantage of
taking the opinion of the Bench, which was a very
full one, and they unanimously considered that in-
stead of admonition, what the. defendant said was a
direct threat to intimidate these workmen from
going into the service of the prosecutors during the
strike. On the second point, as to the hiring not
being complete when this occurred, he was of
opinion that it was a legal hiring, and in that view
the Bench unanimously concurred, therefore, con-
sidering that the circumstances justified the magis-
trate's decision, the defendant would be committed
to the House of Correction for two months, the sen-
tence passed upon him.
Mr. James applied for a case upon the point as to
the hiring, but
The learned Assistant-Judge said he really had
no doubt about it, nor had the Bench, and could not
therefore grant a case.
Mr. James understood that the point had been
reserved.
The Assistant-Judge said lie was not aware that
it had, lie had not intended to convey anything to
that effect, but they could take it up by certiorari.
The The learned counsel pointed out some difficulties
as to a certiorari, which they thought was taken
away, but said a case could be stated by the Court,
if both parties contented.
Mr. James said his friend Mr. Lush had dis-
claimed all vindictive feeling on the part of Messrs.
Piper ; perhaps he would consent to a case.
Mr. Lush said Messrs. Piper were at the expense
and trouble of- these proceedings, which they had
taken on public grounds, and he did not think it
would be proper for him to consent to a course
which -quail necessarily involve farther proceed-
ings, cos" 7and delay; with no doubt the same result.
The Assistant Judge—Besides a continuance of
these discussions would not tend to bring about a
reconciliation in this unhappy struggle, or to pro-
mote or encourage that good and kindly feeling
which should subsist between the masters and the
men.

Mr. James—But the defendant goes to prison for
two months for an offence which I do not think,
with every deference to you, sir, and the Bench, is
proved legally against him.:
The Assistant Judge said the Court had decided
the case according to the best of their judgment,
and their opinion was, moreover, unanimous.
The defendant was then placed in custody, and
sent to Coldbath-fields House of Correction.
The court was crowded with masons and others
comected with the strike ; and there were about
200 others outside the building, who hooted the
witnesses as they left.