The Sun.
London, England, 1820-03-22 00:00:00

ductal to the Joy, and therefore they had no right
to suppose that the parties coming to the Meeting
carried any thing more than common walking-
sticks. What military character had these per-
sons but this, that they marched three or four
a-breast, with sower hiog like a measured step.—
Some of the inscriptions tie regretted; but, with
the exception of the motto, 4' Equal Representation
or Death," he saw none that lie should have ex-
pected would be corned seditious, and it would
he somewhat harsh io pot such a construction
even on that. In calling for Annual Parliaments
and other chane.es, he showed that the people
of Matiebester had dune nothing that had not been
(toile repeatedly before. But the alternative
equal representation or death might be considered
as seditious, but that banner could not he traced
tonne to any of the ndanrs—it might have
been sent in by an enemy. Suppose at the meeting
in the Cast le-yatd rn ellethy had sent in such a
banner ; would it have changed the character of
that meeting ? Batt the words " Equal Repri sen-
tation or Death" merely embodied strong expres-
sions of feeling, and by 110 means indicated a fixed
determination, as his Learned Friend (Mr. Scar-
lett) had conten fed, to have Annual Parliaments
or proceed to gain them by acts of violence. There
were no outrages committed at Manchester as at
Spa-fields, and Mr. Holton had no more right to
say that Manchester would not have been standing
but for the dispersion of the meeting, than lie had
to say that Loudon would not have stood if the
Smithfield meeting were not dispersed. But what-
ever the proceedings had been, Saxton was found
committing no excess. There was 110 evidence of
a conspiracy whatever. The charge of attending
a seditious meeting depended on the view the
Jury might like of the character of that meeting;
and he then p.oceeded to the third and last charge,
of its being a riotous assembly. Saxton was RI
the hustings as a reporter for The Manchester Ob-
server, and'Mr.(l,,,rtun, who attended as a reporter
tor The New Times, might as well have been taken
(or a rioter as Mr. Saxton. Mr. Fitzpatrick
might as well have been proceeded against for
rioting at any of the disturbances which occurred
at the Smithfield meeting, for he was in the same
cart with Mr. Efir.t, and close to him. 'kite
charges of conspiracy, sedition, and violence, all
fell to the ground in the case of Saxton ; lie was
proved to have been present at the Manchester
meeting, and that was all. Should the Jury con-
ceive any of the defendants guilty (which he was
very far from assuming), he was sure that they
would have no wish to confound the innocent
with the guilty, by giving a verdict against Sax-
ton, with those connected with him in the indict-
ment.

Mr. Rumford then rose to make his defence.—
He commenced by stating, that he had deemed it
expedient to sketch out the leading points of his
case on paper, and should, with the permission
of the Court, occasionally refer to them. Before
he entered into the mut its of his own case, be was
anxious to understatid the meaning of an express
sion made by the Learned Counsel in the opening,
that he was seen training and drilling 10,000 men
on the morning of the meeting. lie hoped the
Learned Counsel was justified in making use of it;
the evidence certainly did not bear it out. The
Learned Counsel also said, that the inscriptions
on the banners clearly indicated an intention to
subvert the Constitution. He contended, that the
banners only demanded what they considered their
fair political rights ; they did consider them so
now ; and if they were in error, they ought not
to be construed into a crime. He would again refer
to another part of Mr. Scat lett's speech, namely,
the exhortation to the Jury to dismiss from their
minds any previous prejudice that might have ex-
isted. He hoped they would do so, and decide
entirely upon the evidence and facts laid before
them. In the course of the last six years Man-
chester has undergone very serious calamities—the
people there have been most wantonly and unde-
servedly attacked by the venal, and he might say,
illiberal part of the press ; this has been the pri-
mary cause of those movements which have been
deemed '' military training ;" and the witnesses
he should produce would establish his observation.
As to the training immediately before the meeting,
he would refer to the Papers laid before the House
of Commons, from which he proceeded to read
extracts of letters from Mr. Norris to Lord Sid-
mouth, and which he contended clearly chewed
that it was only until just previous to the first
meeting on the 9th Aug. that these meetings took
place. Mr. Hulton in his evidence states, that
the Reformers came on the ground in perfect or-
der, and in a regularity of movement which indi-
cated the greatest uniformity. By the evidence he
should produce, he would prove that numbers of
persons assembled at Middleton on the morning of
the meeting, and that lie then advised them to
avoid giving offence, and rather to receive an in-
sult than give one ; he objected to any sticks being
taken with them, in consequence of which several
were left behind. The people went to the meet-
ing with their fathers and their mothers, their
wives and their sweethearts ; and these are tl►e
persons who have formed that strong body that
was only to be penetrated by the fresh•ground
sabres of the Manchester Veotuan►y. He should
be able to prove, that at the time of his being
charged to be on tl►e hustings lie was forty or
11 ty yarns distance. He would advert, and
draw the attention of the Court, to the con-
duct of Mr. Ethelstone, at Manchester. Upon
his arrest a number of papers were found upon his
prianises, sod taken to the Police Office, Man-
chester ; Le was anxious that nothing that was
trot his ot~ n should be introduced amongst them ;
he, therefore, saw Mr. Ethelstone, and obtained
front him an appointment, when the papers were
examined ; some were kept, and the rest given hack
to him : the Rev. Gentleman was trying to filod
something to implicate him ; he met with one O-
llie papers, which was a OttiDoSCI ipr ut Hoylet
game of drafts, which he would not deliver up to
him. lie meant to say, that it lie was so weak us
to pay attention to so trifling a circumstance as
this, it was not surprising that an indictment so
uncalled for and untenable as !be present should
be prosecuted in. Much had been said about
midnight drillings ; l►e should be able to [nose,
and wooled reter, iu cotroboration, again to the
papers laid before the House of Con:moos, that
these drilliubs took place in the open air, and on
the highway. Ile then referred to the pat.ers laid

before the House of Commons, and read extracts
from them.
The JUDGE explained that those letters could
not be received in evidence ; he might read them
if he liked, but he could not consider they could
be of any use to him.
Bamford therefore waived them, anti said he
should be able to prove in evidence that these
drillings were not midnight drillings, but in the
open day, and without any clandestine tn,ivements
at all; but he contended that these drillino could
not be considered unlawful, sinless they were fol-
lowed by son►e unlawful act ; this was not the
case, and he expected the Jury would dismiss the
charge altogether from their minds. He then
again adverted to his Address to the People at
Middleton, in which he exhorted them to be ex-
tremely peaceable, and stated that the flags were
used to enable their own people, in case by acci-
dent or design any riot should ensue, they might
re:orti home, and by their banners know their
own party ; and so tar from the place being dis-
affected, he stated, anti did it with pride, that
there was not a single special constable in the
place, or any military quartered there. lie could
go into detail of the proceedings at the meeting,
but he would leave that to persons of greater ta-
lent. lie hoped he should not be accused of any
impropriety in thus undertaking his own case—he
assured the Court it did not arise from any vanity
in his own abilities. The horrible and lamentable
results of the unfortunate 1611 i of August would
be detailed to them, if suffered at all, by indivi-
duals of greater talent than himself, and he should
leave his case with the utmost confidet,ce in the
hands of the Jury.
Mr. Joseph Healey (commonly called the Doc-
tor) had a paper, of which the following is a copy,
read by the Clerk of the Court, as he was himself
prevented from leading it by a severe cold :
" My Lord, and Gentlemen of the Jury—Permit me to
offer a few prefatory remarks to your serious consideration.
I stand here accused of a crime against the laws of my coun-
try; but I should wish to impress upon your minds that just
and equitable muscirn, that every man is considered innocent
until proved guilty by good and substantial evidence; and I
therefore hope, that what I shall think proper to introduce for
my defence this day, will be duly weighed and reflected ou by
you. You to e sworn to well and truly try, and just deliverance
make of this case, to which purpose I beseech you to lay
aside party feelings and itocrests, unrohe yourselves of all
party spirit and prejudices, if any you hare, and let nothing
weigh in your decision but what you hear well substantiated,
on oath, from credible witnesses, who are completely dis-
interested. In our political opinions and feelings we may
perhaps differ, but as you are countrymen and Englishmen,
I will not believe but that you glory is fair play—you glory
in suffering every man to think for himself—anti in short,
in suffering every man to enjoy that privilege you would
wish to enjoy, fulfilling the beautiful saying of Scripture,
" Doing to others as you would wish others tv do to you."—
Liberality of sentiment is the greatest proof of a well-cul-
tivated mind. Having premised thus much, I shall now
come to the subject of the indictment. It is divided into
such a tissue of repetition as never before occurred.—We
are charged with a conspiracy, which is said to have
commenced irs July, mid been consummated on the 16th of
August. At once I deny the charge altogether—neither has
it, liar can it, be proved against us. If meeting, my
felluw-
countrymen, to petition Parliament or the King fur a Reform
in the representation in the House of Commons be a con-
spiracy, then, I confess, I am a conspirator, and am ready
to bear chains, racks, and dungeons for such conspiracy.
But, Gentlemen, I trust I shall convince you that neither I
nor my fellow-prisoners merit such a severe name. lam un-
skilled in the forms of laws; it strikes me that no act or acts
can be considered as a coaspiracy, unless such acts are intend-
ed to further and mature unlawful matter, and I wish to keep
this in view through this all important trial—a trial in which
the liberty of yourselves, children and country, are at
issue. I apprehend if mere association and communion of
ideas constituteconspiracy, then areyou very conspirators—for
from distant places for one purpose, you must consult, devise,
and associate, and why not while doing so, being conspirators?
Design can alone constitute criminality, and here unless it
can be shewn, by good and irreproachable evidence, that we
intended to break the peace, and bring the Constitution into
contempt, it is cleat we have committed no crime against
those existing laws of the land. This meeting, as well as
others I have attended, was called by public advertisement
(which he bad here read.) The document will speak for
itself. You see it is for the purpose of considering the most
lawful means of obtaining Reform. The day arrives—
[Here he described the meeting to consist of a promiscuous as-
semblage of men, women, and children, with music.)—
You have been told of the military array of the people, but
did the laws of the land then point out in what manner the
people should go to the meeting; I fearlessly say, No.
Then my method was lawful. You are told of the people
carrying waking sticks; but it will be proved they were very
rare on that day. It was said the people had flags riej de-
vices. Were they forlsidden by the then law ? I say No. It
is said they came with music ; was that forbidden ? I say No.
It is said that meetings called fur a lawful purpose might be.
conic unlawful by their numbers. Did the then laws specify
how many made a lawful meeting ? I say No. St. Paul
has laid down, that where there is no law there is
no transgression; and, thank God, the laws of my coun-
try say the same. That )0a will think wit►, the great
Apostle of the Gentiles I am confident, and therefore
expect an aeqittal. I are anxious to iliforin you, that in Lan-
cashire, where military habits are almost interwoven with
the people, the scholars walk in procession With music and
Hags. It may be attempted to he said that the Reform we
sought was nut constitutional; this was a new doctrine im-
ported from Algiers. I apprehend the right of petition or
remonstrance is a chartered right, anterior to all forms
of govermnent, being plaited by God in our very natures,
and a right enjoyed in the most despotic States, in Com
stantinople as well as London. It is expressly laid down in
the fundamental laws of the land, that every body has the
liberty of petitioning, and adds, that all committals for it are
illegal. If the people had the right of petition, they must also
have a right to meet and discuss grievances. The laws of the
land are conclusive for us. Would a petition for the repeal of
the Septennial Law be penal for the disfranchisement of
Gatton, Old Sarum, &c.? He then referred at large to the Act
of Settlement, and said, if this be not sa, farewell reason and
justice, and Duke of Richmond, Earl of Chatham, Fox, Pitt,
Sir William .tunes, Granville Sharpe, Sheridan, and thou-
sands of other great Men. I trust the meeting is now pima d
legal. The Magistrates, I wish to :I.l:press upon you, that the

Maghlf•itc3 lu nut appear to haet. o,:,ov:ed the meeting lc
be illegal until twelve o'cloch ; if they knew it before they
were criminal in not giving notice of it. lie then impeached
many ut the witnesses for the prosecution cm account of
their connexion with the Police, and eulogized the witnesses
he had to adduce, and then concluded thus—" And now
my Lord Judge, I pray you not to say any thing to prejudice
the minds of the Jury, but leave the matter with thew; and
to you, G.:ntlemen of the Jury, t would suggest a word of
advice, namely, that the law considers you the Judge in this
ease; and, therefore, you will judge fur yourselves, without
tahiug any notice whatever of what may Lie advanced as to
this opinion or that opinion. I only seek to repair our :Id
Constitution, and make it a far simile of the sentiments of
the people at large,
MI. Swift said his situation was very embar-
rassing to him, as he had never addressed a Court
before, and inure so, that lie should be held no
as a man %eh° had attempted the destruction of
his country; he had fought for his coon' ty when
a child, and would do it again velieli a ailed upon.
He admitted that he %vas present at the meet.
which he considered was inettly to petition
tot a Retorm in the House of Commons, viol it
stieh a meeting was to take place again on the
then existiog laws, lie would attend it. He
lived in Loudon upwards et ten years, and never
omitted the place svhury the meeting was held, or
its neighbourhood, until v. ithin a few days of his
apprehensioo. He linew nothing of Hoot pet -
sonally, though he lad attended werrings with
him for upwards of IU years. He oid attend the
meeting, and lie helloed he had se"! something
like that which Mr. Orton hail said I I
ie ;
only exhorted thi.in to be quiet, and ii was his
earnest and most desirous wish that they should
remain and depart so. Ile hail be en falsely
charged, and for the part he had takeit in the
meeting, he hoped the Jury would conceive he
had already received punishment enough, by be-
ing confined lot ten days io the New Halley, car-
ried toLancaster Castle, and alter wards coetletuned
to procure bail to appear before 111C111 Oil t he pre-
sent occasion.
Mr. Johnson then rose, and said that lie should
merely state why lie attended this metting ; it
was at the express lequest of several people of the
town. He had sonic influence over the 'Mods of
the lower orders, nod his whole 11M:1111011 was to
prevent the people attending the meeting floor
creating disorder, and tesitaming them altogether.
The meeting was convened for the purpose of
agreeing to a remonstrance to the Prioce Regeot,
which had treeti previously agreed to, and refused
to be presented. They were anxious that the So-
vereign should know the real state of distress they
were its. As to the evidence which had hero pro-
duced ibis day in the persons of Mr. Willey nod
Mr. Slater, he would admit to the Jury that, it ;E
was true, lie richly merited and deserved their
punishment. Was it at all likely or probable that
he should enter into a conversation of this mimic
with a man whom he knew little or nothing of
He could assure the Court nothing could equal tha
horror he felt at the proceedings which he had
been charged with advocating, and he would state
to them, that he firmly believed that Mr. Milne
had suborned thew and induced them to swear
falsely. He fortunately bed withesses litre to con-
tradict this evidence in such a manlier as to leave
no doubt on the minds of the Jury. He then
vented a torrent of abuse on the Police of Man-
chester, and he said he did it trout a knowledge of
their transactions and movements, which lie was
very properly stopped in by the Judge. lie should
take his seat under the impression that they would
dismiss all political prejudice from their minds, iii
the consideration of the case, and kinder the con-
viction that he should be able fully to disprove,
by unquestionable evidence, that given by Slater
and Willey, end that be should then deserve a
verdict at their hands.

The Court then adjourned at half-past six
o'clock, and at the earnest solicitation of Hunt,
deferrt•d the hour of meeting again until ten
o'clock, instead of nine to•wiorrow t»orning,

TRIAL OF WILLIAM RAIYLIFFE, E;Q.
On Friday last, at the Castle, Crown End, be-
fore Mr. Justice PARK., came on the trial of
LIAM RADCLIFFE, Esq , Runge Croix, Pursvivant
at Arms, of the Herald's College, for forging a
marriage register, with a view to assist in making
out his own pedigree, and tracing his relationship
to the Derwent-water family. The alleged of-
fence took place in 1801, by the interpolation of
a marriage in an old register-book. of the parish
of Ravensfield, for tire 16th century Several
:witnesses were c,iled to prove the interpolatiou
to be Mr. Radcliffe's band-writing. From the
Herald's College there were examined Norroy
King at Arms, Somerset Herald, York !Jerald,
Ric!-mood Herald, Windsor Herald, Portcullis
Purinivant at Arms, and the Eirl Marrhal's Se-
cretary and Registrar. The case for tire prosecu-
tion was opened by Mr. SCARLETTi and Mr. Ser.
jeant 1-lOLLocx was for the defendant. Mr. Jus-
tice PAUL observed, in summing up, that if the
offence bad been committed in a register subse-
quent to the Marriage Act, it would have been a
capital felony. The Jury retired for twenty mi-
nutes, and returned with a verdict of Guilty. Mr.
Jun' ice PARK btnt,fic, dthe defendant to pay a
tine of and to be imptisoued three months in
York Casile.

CITY 11USINESS—Yestettlay the LORD MAYOR
held a Court of Aldermen at Guildhall, at %which
his Lordship, fifteen Aldermen, and the City W-
het-is attes,deil, The Loan klAvokt reported he
alltndance upon his MAJESTY With the
'Lents Of C indolence and congrattilation, and de-
livered iii his MASesTY'S most :zrßeions answer,
which Wit 4 le.d and ordered to be recorded. The
lion. and Right Rev, the Bishop ot GLoocEsTER,
'sod tl e Elev. A. R. CHAUVEL, LL. IL Rects,r of
Great S antnore, 111i.ister and Inc:loth ut of Whit-
clitircl,, and Prtbendaly of St. Patti's, were re-
quested to prrach the Spital Sermons at Christ
Chut ch, Nc W,zatc-street, before the members of
the Court, and other Governors of the Royal Ho,.
pal, on Monday and Tuesday in Easter u cab,
_The Chamberlain west Died a halt-yeerly at ate-
Went of the piOcince of +he Orphans' Fil.ett,
was read, and he was (Erected to take the nercs-
sary sue, s f ,r the discharge of 152 bont's of 1001.
each, bring portion of the monies raised upon the •
Credit t f the said Fund, and to give noti,e to the
pat tits tot etc: to accordingly.