Star.
London, England, 1820-03-22 00:00:00

TRIAL di MR. HUNT AND OTHERS.

FOURTH DAT.
YORK, MONDAY NIGHT.
The Court was as usual crowded ; a greater num-
ber of Ladies were present than on any former day.
The defendants began to make tileir appearance at'
nine o'clotk, and at ten minutes after nine the JUDGE
arrived, and the proceedings were immediately re-
sumed.
John' Walker, examined by Mr. Scanarrh—Was as Attor-
nay at Manchester. Ile described the proceedings of the 26th
of August, at St. Peter's-field. He saw Wilde heading the
division whiCh he commanded, and forming it round the cart
am-which the hustings were formed. It was called the Ashton
-division. A Cap of Liberty accompanied it. He saw other
divisions arrive on the ground from various places in the vici-
nity of Manchester; and, as they came up, Wilde, and a taller
man who was with them in the cart, directed them to form in
the rear of those who came first. Most of them had banners
and caps of liberty. Wilde addressed them and said, " Stand
firm to your post—if you have a leader of ever such strong
serve, it is impossible he can do, if you do not stand firm." Wit-
ness took down these words on the ground. The taller mar.
desired them" to link their arms, every man who was staunch
to the cause, and by that means they would keep their enemies
at a distance from the hustings." Witness took down those
ords on the ground. The crowd stood 14 or 16 deep at the
time those words were used. Could see distinctly that the arms
of those then before him were linked. They were ordered to
fall back, and did so a little. The taller man said," The word
of command has been given to fall back six yards from the hust-
ings; unless you obey it, you will give your enemies an oppor-
tunity of letting in the Cavalry among you." Ile added, "1 do
not see any of your enemies among you, if I did I would tell
them so, and probably they would wish themselves in another
place." They then fell back a little more. At one o'clock the
crowd had increased, and Mr. Hunt and Johnson 'sore there.—
Mr. Hunt desired them not to call silence, and said, " If their
enemies would not keep order, pat them down and keep them
down," or words to that effect. The crowd could not be passed
through but by absolute force, as the people formed one solid
body between the line of constables and the hustings, and he
could see no opening; there might be 50,000 persons present;
thought that he had seen as many persons assembled at the
Races ; the persons assembled were of the labouring classes.
The crowd seemed to him calculated to, overawe and intimidate
the town of Manchester, and create fear and alarm Witness felt
fear and alarm, and thought a disturbance might be expected. '
Cross-examined by Mr. Hunt.—Had always been an At-
torney at Manchester. Was a special constable on the 16th
of August. Had left the held for a short time to take some
refreshment. Saw none of the Magistrates during his absence
at that time. Saw some of them at Mr. Buxton's in the course
of the day. Was not employed by the Magistrates : went there
as a special constable to perform his duty to the town. Did
not consider himself to be employed by the Magistrates, but
acted under the controul of the chief constable of the town.
The Magistrates had sworn him in, and they might give the
chief constable his directions; did not go as an amateur Re-
porter ; he took down the words on the back of an old letter,
as it struck hint they were very remarkable, addressed to such
a Meeting. Did not know Mr. Orton; might have seen the
Magistrates at Mr. Buxton's between eleven and twelve
o'clock ; saw none of them during his absence, as Mr-Bux-
ton's house was on the ground ; he saw there dr. Norris, the
stipendiary Magistrate of Manchester. Witness communicated
his fears to Mr. Norris ; he merely said that he was afraid there
would be a disturbance. Had before thought it necessary to
snake a deposition of what he saw in the mornirg, and had drawn
op an affidavit en the subject. He was thus occupied at ten
o'closh or a little earlier. Deposition was not shewn to Mr. '
.isojeant Cross that witness knew of. This was the affidavit he
had sworn to when he went to Mr. Norris. There was no con-
sfrersation between him and Mr. Norris .on the relevancy of the
affidavit. It was drawn up at the Police-office. He had been
induced to make this affidavit, in the first plate, from a know-
ledge that large bodies had been training in different townships
round Manchester, and from information that those persons
were marching thither to overawe the town, and create a dis-
tiiebanac that he conceived would be productive of riot and con-
fusion. These were his feelings; and there were thirty or forty
gentlemen at the Police-office at the time, who all concurred with
him. Twelve or twenty might have joined him in making the
affidavit. Might have got considerably more of them to join in
it if necessary, but they left the place to go to the Meeting. On
roccillectior, more than the number he had mentioned signed the
hfildavit. There might be thirty, forty, or filly. His object
in making the affidavit was, that the Magistrates might have
rower to stop the bodies on their march. This question had
discussed at the Police-office on the day before. None of
the Magistrates were present on the Sunday or the Monday,
that he saw. Half a dozen, or a dozen. of the forty or fifty
persons at the Police-office on the Monday, might be there at
noon on the Sunday. Witness declined making any affidavit
then ; at least he was not asked nor urged to do so, and he made
none. Those Gentlemen who were there, and who drew out
statements of what was necessary to be done on the Monday,
were respectable inhabitants of Manchester.
Mr. Hunt desired witness to mention some of their names.
The hoots objected to this. Witness was then ordered to
withdraw.
Mr. Hunt then stated his motive for putting the question.
Tile Jutioz allowed the questioa to be put, to ascertain the
names of the-persons present on the Sunday.
Examination resumed—Witness had no recollection that Mr.
Green was at the I'olice-office on the Sunday. He was there
on the Monday. Mr. Jonathan Andrew he did not recollect to
have seen at the Office on the Sunda;. Thought, but was not
sire, that he was there on the Monday. Thought Mr. Francis
Phillips was not there on the Sunday. No conversation took
place on the subject of the affidavit which he drew up of him-
self. Mr. Phillips was there on the Monday, but thought he
was not present when the deposition was sworn Mr. R. En-
twistle was not there on the Sunday ur the Monday The dril-
ling and training, and the way in which the persons coming to
Manchester were to come, induced him to make the affidavit.—
Was under considerable apprehensions of danger on Monday
morning, before ten o'clock, from what he knew of hi:: own
knowledge, and from what he had heard from others. He
know of the training, not personally, but from those who had
seen them. He had seen considerable numbers of persons come
into the town that morning, these connected with what he had
been told of the training, created the apprehension of which he
bad spoken. Saw nothing particular in the manner of those
who came towards Manchester that morning to excite alarm.—
Those that he had seen (before nine itr the morning) did not
march or carry flags, banners, or revolutionary emblems. His
adidavit be bad sketched and,left at the Office, that it might be
copied, and brought to him to be sworn. Some alterations were
made in it afterwards by witness, at his own suggestion. The
dozen Gentlemen did not sign it at the Police-office, but after-
ward-. at Mr. Buxton's house. Ile stopped at Mr. Buxton's
house bus a few minutes, and then returned to the field
where he had been before. The affidavit Was to this effect :
That having bt.-u informed of the trainings in the neighbour-
hood, and hearing that great bodies of men were marching to
Manchester, he was of opinion that if they marched into
the town with revolutionary emblems, &c. he thought it would
go to overawe the town, and create confusion. This was to put
the Magistrates in possession of his opinions, and those of other
lentlemen, leaving them to take their own measures, for the
purpose of enabling them to prevent them from coming into the
town. This he thought might be properly done, but did not
suggest it to the Magistrates ; he left them to act on their own
sli;cretion. Saw a number of persons standing before bins at
the iVleeting, with stick'. One man near him had a bludgeon
with a large knob, which he held over his shoulder, till a man
nodded and pointed to it, and then he dropped it down. It was
net shouldered like a musket. The man that pointed had also a
large stick in his hand. Witness was nut insulted or assaulted.
Could not say whether the divisions that he saw march to the
ground were generally armed with sticks. The words he has
mord Mr. Hunt say at that time were, " Boor enemies won't
keep order, pat them down, and keep them down." Thought
this was beware the military came, but was not Vice sure. Dad
net know that any body was particularly pointed at, when the
words in question were used.
' Re-examined by Mr. scAßLirr—Mr. Bunt might he ten mi-
nuteraddressing the people ; did not catch allAhat he said t--
could not see the military from the poaltimaduarhich be stood ;
made his depositioos before from information' that Its had re-
ceived of the character of the inteattrceMeeting, but did rot

It .

swear to it till after he hat seen the multitude arrive in the wa
which he detcribed.
Re-exam Med by Mr. Hunt.—Remernhered the placard call-
ing a Meeting for the 9th, it 'iontalitici a proposition for the
'election of a legislatorial attorney.-
.Mr. ScAatarr believed, that It was to elect a legislatorial
Member.
• ,
Mr. Hunt said, it was to elect a leggiotorial attorney, and
requested the Judge to keep Air. Scarteit decent.
The Juno' was not aware that he had permitted anything
indecent nn the part of SA frariett.
Mr. SIVARLITT hoped Ms Conduct had not been other than
decent from the beginnineof the trial, but he had submitted to
what he thought was not decent from Mr. Hunt.
Mr. Justice BA visv.—l believe other people have submitted

to it also; I know I hire
Mr. SCARLSTT.-I certainly feel for your Lordship's situation.
Mr. Justice BAYLEY.—The better way will l, to have no
angry discussion. I will go through the cause as equally as I
can; and I will interfere with either side, when I see it lie-
nessary.—The examination of witnesses then proceeded.
John Willis (examined by Mr. &franc Huu.oce).—Knew
Johnson ; had conversed with him on the subject of the Meet-
ing. Johnson had said the beg men of Manchester thought put-
ting it off from the 9th to the 16th, would do it away entirely ;
but they ware under a mistake, for, by the 16th, they (the
Reformers) would be ready for any soldiers that could be
brought against them ; this was said in a public-house on the
tith of August. Talking of the Linking and the shooting of
Mr. Horsfall, Johnson bad said that he knew that Mr. Horgan
would be shot, for a party of men had determined to go to
London and upset the • House of Commons, or something of
that sort; but they did not go then, because they were nut yet
strong enough to provide for their wives and children, if they
should be taken prisoners or come to any harm.
Cross-examined by Johnson.—Was a butcher; never acted
as a spy in his life. Johnson had conversed with him, as be
had previously stated. Never said to the Magistrates, Johnson
was going to take the barracks by storm.
By Mr. Hunt.—Was not drunk when the conversation in
question took place; did not recollect any other particular con-
versation. Said, after Johnson was gone, that if Nadu), had
been there he would have taken him up. Did not know
Johnson till he was told by the landlord that that was Johnson,
the brush-maker, the great Reformer. Took no measures t
have him apprehended. Never bothered his head with any
such like. Johnson, though a stranger, told all this to witness
and Slater. Part of it was addressed to witness, while Slater
was out of the room. It was that part about their " being
ready by the 16th for the soldiers." Slater and witness bad
talked over this matter. He had heard Slater say that he was
out of the room while that assertion was nude. Had wanted
to hear what they could get him' (Johnson) to say. Never
informed Nadia of this. Believed he did not tell the land-
lord of it that night. The landlord was waiting on his com-
pany, and did not tell him of it. Could not say when be first

'told Slater.
Re.examined by Mr. Serjeant Hottoce.—Had been sent for
by Johnson, when passing Johnson's house one day, after he
had been before the Magistrates; went into his (Johnson's)
shop, where there were three or four persons, and Johnson
said, " What, you've been before the Magistrates?" Witness
said, " Yes." Johnson then told him he was a fool for going
with the beadle who had been sent for him, before the Magis-
trates, without making him chew his authority. He then asked
what had taken place? witness would not tell hint there, but
would tell biro in any private room, or at the York Inn, where
they could be by themselves. Johnson said he was not shamed
of any one hearing about it. Witness said, he thought John-
son used him very ill, to call him into his shop before people
whop he believed to be a lot of spies, and would not tell him
anything.
Joseph Slater, examined by Mr. Sergeant Caoss.—Remem-
ben Johnson being 'n his house with last witness on the 6th of
August. Witness began by saying, that he understood that
Johnson and Nicholas Whitworth were to be returned to Par-
Raiment. Tshason said, it was all nonsense. Witness shortly
after left the room. Johnson remained with Slater. en his
return, they were conversing about the murder of Mr. Hors-
when Johnson said, " Do you know, Mr. Slater, that at
that time there was a set of men detetmated to go up to Lon-
don aad disperse the House of Commons ?" Witness ridiculed
the idea. "0, but," said Johnson, " I know it for a fact, and
it would have been done, had the subscription been large enough
Ito keep
their families while they were awa, or in case they
' falied." Witness laughed. " 0 but," says Johnson, "do you
recollect when 13ellinihant shot Mr. Perceval, what confusion
there was? There was Lord Castlereagh scrambling out of a
room, and Mr. Canning out of another, and when Belliogham
was taken, they were all ready to tear hint to pieces; and done
could frighten them so, he (Johnson) was sure that it could be
done." Johnson *hewed by gestures how they (the House of
Commons) had acted in their hurry on that occasion. Saw
Johnson last Saturday week at his own house in Manchester.—
Ile (witness) was coming to York. Johnson said, " You will
recollect that I said I heard it for a fact." Witness replied,
" No, you said you knew it for a fact."
Cross-examined by Mr. Mont.—Witness kept the Bay
Horse. Johnson had told witness that there would be a Meet-
ing on the 16th of August. Willie said, when Johnson was
gone, that If Nadin had been there, be would have had him."
Had spok en to Willie on the subject repeatedly since, but he never
told witness what he (Willie) had to prove that Johnson said
while witness was out of the room ; knew nothing about John-
son's saying, they should be ready for the soldiers by the 16th
of August • thought what he had heard from Johnson a foolish
and wicked story; Johnson was certainly speaking in earnest.
Witness did not inform the Police of it; if he were to conutru..
nicate every foolish conversation that passes In a public-house,
he should do nothing else. Witness and Willie had never coma
pared notes.
By Mr. Hant.—Johnson went, en that occasion, to witness's
house, to look at a.sow that was about to bring soma pigs, one
of which Johnson was io have. • Johnson then treated the re-
port of being about to become a Member of the House of Com-
mons as being false. On Saturday week, Johnson called on
witness again about a p*, and then told him (Witness), that if
he said nothing but what he (Johnson) had sald,'hd (Slater)
would be a good witness for him. 'Novel- heard Mtn "(Johnson)
declare that he would overturn the Heise of Commons, but be
said, that he knew something of the kind had beeti intended to
be done about the year 1811. ' Witness had been but once or
twice to Mr Norris and Mr. Milne since his deposition; went
for his deposition, that be might see what he had sworn, but
was told that it was gone to London; had never seen it since he
signed it.
Re-examined by Mr. Serjeant Caoas.—Johnson said. he
knew that it had been intended to overturn the House of- Cfam-
mons ; had no mason to believe that Johnson said there was to
be no Election. •
John Shawcross, examined by Mr. Lenrcznatit.-'—Had pur-
chased a Newspaper (produced in Court), at the 'Office of the
Manchester Observer, on the 51st of July.
Cidss-examined by Mr. Hunt.—Was Clerk of the Police-
office at Manchester; saw placards advertising the Meeting
called for the 9th of August. Believed, in consequence of that
Meeting being prohibited by the Magistrates as illegal, that the
design was abandoned. The Meeting called for the 16th was not
called in exactly the same words as the former ; he believed that
some of the bills calling the latter had been taken down. A num-
-Iber of sticks, stones, pikes, nags, banners, and caps of liberty, bad
been brought to York; they were in the care of Mr. Naditi.
Michael Fitzpatrick examined by Mr. Scmuszr.—Kttended
a Meeting held in Smithfield on the 21st of July. Mr. Hunt
yesided. Certain Resolutions passed in the presence of Mr.
Hunt. Witness recollected receiving the Resolutions handed to
him from Mr. Hunt. Witneu was. a Reporter for the New
'notes; stood on the left of Mr. Hunt ; received them from Mr-
Hunt's own hand. lie went with two other Gentlemen, one
of whom got so soused in the raud,that he was obliged to retire.
Witness was politely accommodated with a place in the waggon,
by Mr. Hunt, who said he was very glad to see him, as he
thought witness would give a fair report. The Resolutions were
passed; the most violent were the most applauded.
Cross-examined by Mr. Hunt.—Had considerable difficulty
in getting to the hustings. Was so far alarmed that he put on
his worst coat, but did not know that be felt any personal
alarm. E,aw no violence. Had been at many Meetings where
Lhe (Mr. litint) had presided, and no acts of violence bad come
within his personal observation. Recollected the arrest of Mr.
Hanka& Those on the waggon, or that side of it by which
ale Of entered, saw it, but thousands there, lie was of
,opinion, might know nothing about it, it went on so quietly.—
Could not. say whether or not Mr. Harrison had previously
spoken; believed that he had. Recollected Mr. Hunt had said,
" there's Brown or Wontner come to arrest Mr. liarriSon—will
you let him go?" and with a good-humoured shrug told Mr.
Harrison that be had better gv quietly, or words to that eitett.

Recollected that Mr. Hunt had said, lie would go if they sent
for hips. Arot the least violence was tiered. Mr. Harrison,
Fitness believed, asked advice of Mr. Hunt, and was told to
go quietly. Received the Resolutions from Mr. Hunt, who
was particularly desirous of aciomtnodadng witness, as Fe
came front the New nines. Witness bad no idea of` producing
them against him (Mr. Hunt) in a Court of Justice. Thought
he had asked for a copy, and that be received theist while they
were In the act of being read. Would not say that any of thtm
had been put singly. Could not recollect whether or not they I
were read from a printed copy. Knew Mr. Orton. Never
heard him communicate what be had seen of the proceedings at

Manchester.
Re-examined by Mr. Sesaterr..—Had often attended Meet
ings where Mr. Hunt presided, and retired before they con
chided. Violence, might have occurred which ho had not seen.
Believed that the Spa-fields Meeting Wis the 'first of them that
he had attended. It was impossible for the Resolutions at
Smithfield to be heard by more than a tenth part of the Meeting.
The Resolutions were thea read from a Newspaper of the
9.3 d July, 1819.
Witness had the copy of the Resolutions given to him, while
another copy was being read to the Meeting, and found them
to correspond exactly.
Mr. Hunt objected to the printed paper being received as
evidence, as he had been served with no notice to produce the

original manuscript.
The Jrnos held that they could be received, as no evidence
had been given of the existence of the original manuscript; but
be noted the objection.
New the case for the prosecution closed.
Mr. BARROW objected that the evidence did not
go to prove, that Jones and Moorhouse had com-
mitted the offence described in the indictment.—
That they had been guilty of the unlawful, malicious,
and seditious offence charged against them, was by
no means so far borne out by the evidence produced,

as to send their case to a Jury.
The Judos held, that it would be for the Jury to
decide, whether the Meeting was, or was not illegal ;
and whether those two defendants were there as in-
nocent spectators, or as partisans? Though the ma-
licious and seditious intentions charged in some of
the counts might not prove to be borne out, he was I
not prepared to say that there was nothing proved
against those two persons, that ought to go before
a Jury.
Mr. BARROW then proceeded to address the Jury
on behalf of Jones and Moorhouse. He was proceed-
ing to notice, in terms of praise, a printed report of
part of the trial in a London Newspaper, when,
The JUDGE said, he was sorry that this had been
brought forward, and that any part of the proceed-
ings had been published.
Mr. BARROW submitted to the Jury, that the evi-
dence proved the impossibility of Mr. Jones and Mr.
Moorhouse having acted as leaders in the proceed-
ings of last August. He went over the evidence af-
fecting Mr. Moorhouse, and strongly insisted on the
improbability of his having advanced towards Man-
chester for the purpose imputed to him, when the
situation of that person was considered—when it was
remembered that he was the father of eleven chil-
dren, and that he was accompanied by his w;fe far
advanced in a state of pregnancy. Mr. Moorhouse
was then described as heading the Stockport party
on the 16th. The fact was, that he, the proprietor
of the stage that runs from Stockport to Manchester,
was riding on the box of his own coach from the for-
mer to the latter place, and arrived at Manchester
at the hour when his stage was due, to set down his
fare in that town. Mr. Moorhouse had afterwards
been accommodated with a seat in an open carriage
by the politeness of Mr. Hunt, through circumstances
(which the Learned Gentleman explained), but Mr.
Moorhouse did not go on the hustings. He had
neither done mischief nor intended to do mischief.—
He was connected with none of the illegal proceed-
ings charged to have taken place, but by the acci-
dental circumstances of his having preceded the
Stockport division, and passed along with Mr. Hunt
in a coach. The case of poor Jones he considered was
one of great hardship. Mr. Orton had seen him at
the hustings, and described him to have addressed
the people, exhorted them to' be peaceable, and told'
them something or the Committee having directed
those around to link their arms, and stand six yards
back from the stage, otherwise their enemies might
come in among them. Where was the Committee?
Had the evidence connected him with any Commit-
tee ?—No ; the ring formed was only intended as a
barrier to keep off the crowd. He could not afford
to put up a wooden rail, for poor Jones was but to
have five and twenty shillings for his job, that of
erecting the hustings, and was obliged to borrow the
boards of which it was formed, which boards he was
in great danger of losing. The money had never
been paid. With respect to the character of the
Meeting, he could not understand, if the object of it
were legal, how number scould make it unlawful ?
Wbo, if numbers were to be the guide, would say
where order ends, and where disorder begins ? It
was fit that the line should be drawn somewhere, and
who would take upon himself to say, when the num-
bers of a Meeting were complete? The part acted
by Jones, in addressing a crowd assembled to hear
Orator Hunt, he treated as a foolish frolic, for whiCh
he had suffered enough to make him respect the old
maxim—" Let not the cobbler go beyond his last !"
He then read 'a paper from* Moorhouse, addressed to
the Jury :
"My Lords, and Gentlemen of the Jury—l am charged with
combining, conspiring, confederating and agreeing to overthrow
the Government of this country by force and threats. Now,
Gentlemen, I am persuaded if there be any such combining,
conspiracy, confederating and agreeing, it will be found to be by
my prosecutors ; it will be them that will be found guilty of that
most abominable crime, conspiring to deprive me of my liberty,
and for what I know not. Now, Gentlemen, you will be sur-
prised when I inform you, that five of the persons with whoni
I am charged with having conspired, &c. five of them, viz.—
Smith, Wilde, Jones, Bamford, and Healy, I never in my life
was in company with, until the day on which we were all
brought into Court together, which, I believe, was on the 17th ,
of August last; I shall therefore, I think, be entitled to your
acquittal of conspiring along with them. With respect to Mr.
Knight, Mr. Johnson, and Mr. Saxton, I never exchanged Half
a dozen words with any one of them in the whole course of my '
life, previous to our confinemeet in the New Bailey. Now,
I Gentlemen, with respect to Mr. Hunt, it Is necessary in this
stage of the business to inform you, 1 am what is commonly
, called a coach proprietor, that is, I employ coaches to travel be-
, twee* the towns of Stockport and Manchester; and it some-
times happens, though not often, that a passenger may want a
bed, who, from a variety of circumstances, may prefer a privvtr
house to a public. I was applied to by some one to inform him
where a bed could be had? to which I replied, I hare a flood
bed, provided the room will be approved of, it heini; small The
room was seen and approved of, and on the Lr.:ll,ng of the Bth
of August, Mr. Hunt slept at my hence, :.,,ti left on the 9th for
Manchester, in company with nu. Charles Wolseley. From that
day until the 16th of August, I never either saw or heard any-
thing from Mr. Iknt. On the 16th, in the morning, a little
after ten o'clock, I left S:ockpart with one of riy coaches, and
near the second mire-stone i passed the procession from Stock-
port, consisting of nearly one thousand men and boys, and nearly
one hundred women and young girls, several of them being the
wives and daughteta of the men ; their conduct was perfectly
peaceable. At the mid-way, while watering my horses, tke

procession passed again, and we did not overtake: them till we
got into Long Sight, a little on the Manchester side of winch
we left them, and got into Manchester ter minutes before
them. While the s rec.( sion was passing the White Bear, Pic-
cadilly, it was proposed by some of ch. passengers that the
coach should be taken on to the ground for ;heir accommoda-
tido, to which I consented, provided they would agr,e to pay
me is. each for the accororno.lation of st.eithog on the root.—
' But this was done at the suggestion of my son, who said nth r-
wise there would be so man;-crowding 00, that the roof woold
be broken in, and I should have 110 damage done to the coach,
though I might not make one by it ; upon this it was given tp.
I went to the ground a little after twelve o'clock, where I ray
an immense concourse of people ass-mhled ; after I had been
there some time, in conversation with various persons, who all
appeared to be delighted with the orderly manner in whkh the
various processions came upon the ground, with joy beaming on
every countenance, and several I heard declare that it was ti.e
most gratifying sight they had ever beheld in the whole course
' of their lives, some one pointed out the Dainstables. fanned in
two lines, with a space betwixt them, froth the hustings to the
house where I was informed the Magistrates were sitting; and
credit was given to the Magistrates for the judicious plan they
had adopted to bring before them any one who might be guilty
of disturbing the peace of the Meeting. This was actually de
opinion I had formed of the purpose tor which the Constables
were thus placed. After listening for some time to the music,
which was playing a variety of national airs, and, amongst the
rest, Gad save the King, I went into Deansgate to get a little re-
freshment, where I had not been long before Mr. Hunt wee
announced; and in going into the street, near the Dog Totem,
on the carriage passing where I stood, Mr. Hunt perceived Ite
In the crowd ;he called out to me, saying, Mr. Moorhoust,
will you get into the carriage ?we will make room for you.' to
an instant the door was opened ; I was seized by the arm by
John Collier, and instantly -booed into the carriage, but before
I bad time to take away my hand from the door, it was hastily
shut, and three of my fingers were caught, and most severely
bruised, so as to give me very great pain, and immediately co
the carriage arriving at the hustings I got out, and went to the
public-house to get some brandy to allay the pain. I remained in
the public-house until the dispersion had in a great meesere
taken plate ; and, on going down stairs to leave the Bosse, I
found Mr. Tremlow at the fire door, for the purpose, as .:
posed, of preveuting any one from going colt that way. He di-
rected me to the back-door, and I left the house in starch cf
my wife, who was at this time six months advanced in her
pregnancy. I was nearly two hours before I met with her,
during which I was several times told She was thrown down a
cellar, and crushed to death; but, thank Gon, it was not gni—
We met at the Flying Horse, and while drinking a glass of wine
and water, and returning Goo thanks for delivering her from
the perilous situation in which she was in, being between the
Constables and the carriage at the time the Cavalry surrounded
the hustles s, two Police Officers, Platt and another, came into
the room, and told me I was their prisoner. I demanded their
authority ; they produced their staves. I observed, that is no
authority—you must produce a warrant, and I will go with
you. To which Platt replied, if I did not choese to go without
a warrant, he would fetch some suit era, who would not he
trifled with. I then ruse uo, and went along with them to
prison. This took place between four and five o'clock in the
afternoon of Monday. I remained in the N. Bailey from
that day until the 27th of August, on which day I was admit-
ted to bail."
This was the simple statement of Mr. Moorhouse,
and it was now for the Jury to determine on the
merits of the case.

Mr. Hots then addresed the Court on behalf of
Mr. Sax'on. It was not till the third day of this
trial, and at noon, that the flame of Saxton wai
mentioned. It was then mentioned by a police ofi-
cer; but the charge made out in evidence, as it af-
fected him (Saxton), was so extremely slight, that
he thought the Counsel for the Crown would only
have exercised a laudable discretion if they had ab-
, stained from calling on him foi his defence. It was
not his (Mr. Holes) wish to go into the legality of
the Meeting, but it was tempting to any man who
recollected what occurred within the last three months,
when his Leaved Friend (Mr. Scarlett) had stated in
one of the Houses of Parliament, that his mind was
not made up as to the legality of the Meeting.
Mr. Justice BATLEY—You may discuss the ques•
tion of legality on legal grounds, but not by argu-
nicnium ad hominew.

II
Ilift._

II

Mr. Hots said, he did not intend to urge the pri-
vate opinion of his Learned Friend—but he only
wished to 'hew, that the opinions of many great men
were not made up upon this question three months
ago.—The Learned Counsel then proceeded to slice,
that this case was distinct from that of the other de-
fendants included in the same indictment. It did
not appear that Saxton was acquainted with any cf
those with whom he had been huddled in this sup-
posed conspiracy. Saxton had nothing to do with
the Smithfield Meeting ; and when Mr. Hunt went
to Bullock Smithy, he was not there. From the Ist
of July to the Bth or 9th of August, his name did
not occur. Saxton was not connected with the pro-
ceedings at White Moss, and he was not seen march-
ing in any of the columns that came into Manchester
ou the morning of the pith of August. Till the pass-
ing of the late Acts, there was no legal check on po-
pular Meetings, like that which his Learned Friend
had supposed, or why had n. it those Meetings which
took place in and near the Metropolis been put down,
and the parties punished by whom they had been
called ? Then it was not proved that the Meeting
was illegal ; and all that had been proVed against
him (Saxton) was this—that he had been on the hust-
ings, but he was not shewn to have committed any
excess. The Meeting was not proved to have been
seditious Meeting by its numbers, and if not b
its numbers, he wished to know what else ther-.
was to make it so ? What was there in their
marching in an orderly and regular way? This
had been called " military arrly ;" but what was
there in it, that it should not be called civil array
Some, indeed, were said to have been armed with
sticks, but none had been produced before the Jury.
and therefore they had no right to suppose that the
parties coining to the Meeting carried anything nn :
than common walking sticks. What military cha-
racter had these persons, but this, that they marched
three or four abreast, with something like a rne.:-
sured step? Some of the inscriptions he regrette.: ;
but, with the exception of the raotto " Equal Re-
presentation or Death," he saw none that he shoulL
have expected would be termed seditious. And it
would be somewhat harsh to put such a constructica
even on that. In calling for Annual Parliaments and
other changes, he shewed that the people of Man-
chester had done nothing that had not been done
repeatedly before. But the alternative equal repre-
sentation or death might be considered as seditioi;%,
but that banner could not be traced home to any e.'
the defendants. It might have been sent in by an
enemy. Suppose, at the Meeting in the Castle. van',
an enemy had sent in such a banner, v ould it.have
changed the character of that Meeting? But the
words " Equal Representation or Death," merely err.-
bodied a strong expression of feeling, and by n.)
means iudicated a fixed determination, as his Lcarnel
Friend (Mr. &Watt) had contended, to have Army
parliaments, or to proceed to gain them by acts k
violence. There were no outrages committed .1
Manchester as at Sint-fields, and Mr. flukey

r

II

rlore right to say that Manchester would not have
ist•en standing but for the .dispersion of the Meeting,
hair he had to say that London would not have stood
if the Smithfield Meeting were .not dispersed.
But whatever the proceedings had been, Saxton was
found committing no excess. There was no evidence
c.f.t conspiracy whatever. The charge of attending
seditious Meeting depended on the view the Jury
might the of the character of that Meeting ; and he
p• oceeded to the third and last charge, of its
being a Riotous Assembly. Saxton was at the hust-
ings as a Reporter for the Manchester Observer, and
.I.lr. Orton, who attended as a Reporter for the New
might as well have been taken for a rioter as
'Air. Saxton. Mr. Fitzpatrick might as well have been
proceeded against for rioting at any of the diSturb-
:trees which occurred at the‘Smithfield Meeting, for
"re was in the same cart with Mr. Hunt, and close to
Why, then, should it be said, that Saxton was
culpable, who was a Reporter for a Paper on different
principles ? Of the other defendants he had nothing
to say, and it was, perhaps, fortunate for himself and
them, for he should not have had strength to go
ough with their cases. If the Jury should be sa-
tisfied that Saxton had no other connexion with the
Meeting than in his capacity as a Reporter to a
New sp:tper, they would, he had no doubt, give him
tote benefit of it.

Samuel Bamford then rose, and addressed the
Cot= as follows:
" My Lon s, ees) Genreeetes or vita Jeer—Before I enter
into a detail of the evidence which I intend to produce in my
own defence, I think it necessary to notice some expressions
used by the Learned Counsel for the prosecution, in the speech
which he addressed to this Court on the opening of these pro-
ceedings. I allude to that part of his harangue, where he said,
• Bamford was seen training a body of ten thousand men on the
morning of the lith !' If the brief which the Learned Gentle-
man had before him instructed him to make such assertions, so
much the better ; and I sincerely wish, for his own honer, that
it may be so. But yonr Lordship and the Jury cannot have
failed to observe, that the testimony of Morris contains no such
proof; and he alone has appeared against me as to the transac-
tions which took place at Middleton previous to the procession
moving towards Manchester. Indeed, the evidence of Morris
states; th.:t he knows not who formed the people into section,
i!ivision, and square; that they were formed, hut by whom he
does not pretend to say. The Learned Gentleman also, in
commenting upon some of the banners and their inscriptions,
describes one as bearing the words • Annual Parliaments,'
end Universal Suffrage ;' and then he insinuates, that such
was acconiranied by a demand—from whence he infers a design
to subvert the Constitution and Government of the Country!—
New the mottoes upon the banner which he so erroneously de-
scribed were nothing more than an avowal of what we sonsi-
tlered, and do still consider' as our political rights. There was
no such thing as a demand about it. Why should we demand
that which we wets: going to Manchester to petition for?
The Learned Counsel begun his speech to the Jury very
sinoethly and very coolly, desiring them to dismiss from their
minds all feelings of animosity which they might have pre-
viously imbibed sgeinst the parties accused, and what to me
appears very strange, in a few breathings afterwards he makes
the above statements, so erroneous, and so well calculated to
prejudice. His motives for so doing I cannot tell. Tf.his own
conscience ecquits him, I do so willingly. On the subject of
drileng, I Lave, in common with my neighbours, heard much,
seen some, end could have seen more ; for it was, to use a com-
mon, thoegh very memorable phrase, • as notorious as the sun
at noun day.' If it be not trespassing too much upon the time of
the Court, I will endeavour to give a brief account of its
origin and intention ; and I am the more anxious to embrace
the present opportunity, from having my mouth closed when
I wished to have been heard at the bar of the House of Com-
mons, at the commencement of the lest Session of Parliament.
—ln the course of the last six years, Manchester has witnessed
many Public Meetings, to all of which, with the exception of
the last, great numbers of people from the surrounding towns
and villages, proceeded in groupes promiscuously, upon which
occasions they were uniformly styled, by the illiberal and venal
Press of that place, a mob—a riotous, a tumultuous, a disorderly
snob; they were ridiculed as illiterate, dirty, and mean, having
chopped hands and greasy night-caps; they were scandalised as
being drunken and disorderly, and they were denounced as being
libellous and seditious, dividers of property, and destroyers cl
social order. And was it not then very natural that these poor
insulted and vilified people should wish to rescue themselves
from the unmerited imputations which were-wantonly cast upon
their conduct? It certainly was natural to give the lie to their
enemies ; to thew to the nation and to the world that they were
not what they had been represented to be, they determined to
give one example of peace and good order, such as should defy
the most bitter of their accusers to criminate, and for this pur-
pose, and this alone, was the drilling, so styled, instituted. Only
one v.itness for the prosecution has sworn to having heard
amongst the drillers the word " fire ;" all the others swear only
to their facing and to their marching in file and in line, which
evolutions were certainly most suited to familiarise them to
that species of uniformity of motion which would be neces-
sary to preserve due order and decorum in their progress to
the place of meeting. But as to these facto, I do not
tender to your Lordship and to the Jury my own asser-
tions, unaccompanied by -corroborating evidence. I shall
produce from the papers laid before the House of Com-
mons, relative to the internal stase'of the country, what I consi-
der as a confirmation of my statement (See No. 15, p. 11.) This
document is dated the 6th of August, which is only four days
previous to the first proposed Meeting 'at Manchester, which
snatile have been on the 9th ; so that it we suppose the drilling
parties to have been in existence a week or a fortnight before the
day on which this letter is dated, the groimu of my argument is
strengthened thereby. Th. t Gentleman who did us the
Imuotir to stend an long le e us on Saturday evening, and
whose services, I Crow, consisted in marching v.ith It. Fletcher
from Bolton to nlancliester, and from Manchester to Bolton,
talks of v:i.inight drilling, and of the parties coming up to the
Meeting in beautiful order ; the former is not, I presume, le so!
evidence, and, of muse, will eot aprear in your Lordship's notes;
the latter confirms what I base said respecting the wish of the
People to preserve the strictest decorum. Your Lordship and
the jury v ill Orel, by the evidence which I shall produce, that
by nine o'ciock on the morning of the ever-memorable lith of
August, numbers of persons assembled at Middleton; that they
were formed luso a hollow sqllare ; and that whilst so formed,
addressed them, earnestly cautioning thein to be on their guard
against their enemies, representing the advantage which would be
te:sen of their numbers to create a riot by persons employed for
that sole turpose; that I advised them to insult no person, but
Tether to suffer nil insult oa that day, as their enemies would be
eled of a pretext to accuse them of riot, &c.; that I entreated
them to bear towards every one a spirit of good will ; in token
of which I distributed anionee them branches of laurel, emblems
of ;,grit; end peaEe, as described by Morris and liulton, and
Levin !,card that if 1 went to the Meeting, the Police of Man-
ne3ter weuld, upon its own responsibility, arrest me, I cau-
Loreel the people against ctfer'og any resister se, if such an at-
temps should be made, as 11:, reed an appeal to the laws of
.y country to the use of force ; that I insisted no sticks should
e taken, and that, in consequence, several were left by the
'ley; that we went in the greatest hilarity and good humour,
nrecz:ded by a band of music, playing several loyal and national
:sirs ; and that our fathers and mothers, our WiVc6 end children,
et.; sisters and our sweethearts, were with us. And this was
the dreadful military array which the Learned Cour.cel has, in
• he strain of a celebrated Don, described as one vast army hear.
!rig from ell points to the invasion 9f Manchester—or:tor, fur-
1-en, defenceless Manchester ! These arc the soldiers ready to
ni.lo for Mr. Hunt, with bare heads and With arms locked (a
; tnr.=tll:, who terriEed that immortal author
r;•• •!, kw!, F ands Phillips ; and of these persons, 0
s sesibul to relate' was composed that cordon impenetrable to
• t!,ing save the new-ground sabres of the Manchester Yeo-
,
r. ;cadre' rose, evidently under tne impression of
cold, and apologised to the Court and
try ; lie: was fearful that he shol,ld not be able to
Ilim'elf heard, and the Judge very humanely
the Asir. i,r Court should read the state-
-1:: ii.t.i preparc,i, it he wished it, Alr. Ilealey

expressed 11;.• gratitude, and banded the statement to
;he Clerk in Court, which was to the following effect:
Mr Loan, AND GENTLEMEN OF TIPL Ante—Permit me $0
offer a few prefatory remarks to your serious consideration. I
stand here accused of a crime against the laws of my country;
but I should wish to impress upon your minds that just and
equitable maxim, that every man is considered innocent until
proved guilty by good and substantial evidence ; and I there-
fore
hope, that what 'I shall think proper to introduce for my
defence this day, will be duly weighed anti reflected on by you.
You are 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 interests ; unroba. yourselves of all party
spirit and prejudices, if any you have, and let nothing weigh
in your decision but what you hear well substantiated, on oath,
from credible witnesses, who are completely disinterested. In
our political opinions end feelings we may perhaps differ, but
as you are countrymen and Englishmen, I will not believe but
that you glory in fair play—you glory in suffering every man
to think for himself—and in short, in suffering every man to
enjoy that privilege you would wish to enjoy, fulfilling 'that
beautiful saying of Scripture—' Do unto others as you would
they should do unto you.' Liberality of sentiment is the
greatest proof of a welscultivated mind. Ilavieg 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 com-
menced in July, and been •const.minated on the 16th of August.
At once I deny the charge altogether—neither has it, nor can it
be proved against us. If meeting, my fellow-countrymen, to
petition Parliament or the King for a Reform in the Represen-
tation in the House of Commons be a conspiracy, then, I con-
fess, I am a conspirator, ard am ready to bear chains, racks,
and dungeons for such conspiracy. But, Gentlemen, I trust I
shall convince yon, that neither I nor my fellow-prisoners merit
such a severe name. I am unskilled in the forms of law; it
strikes me that no act or acts can be considered a conspiracy,
unless such acts are intended to further and mature unlawful
matter, and I wish to keep this in view through this all-im-
portant trial—a trial in which the liberty of yourselves, children,
and country, are at issue. I apprehend, if mere association and
communion of ideas constitute conspiracy, then you are very
conspirators—for, from distant places, for one purpose, you must
consult, devise, and associate, and why not, while doing so, be
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 clear we have committed
no crime against those existing laws of the land. This Meet-
ing, as well as others I have attended, was called by public ad-
vertisement (which he had 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 Meetiag? I fearlessly say, No. Then any method was law-
ful. Yon are told of the people carrying walking sticks; but it
e ill be proved they were very rare on that day. It was said
the people had flags and devices. Were they forbidden 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 for
a lawful purpose might beco.me 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 country
say the same. That you will think with the great Apostle of
the Gentiles I am confident, and therefore expect an acquittal
I am anxious to inform you, that in Lancashire, where military
habits are almost interwoven with the people, the scholars walk
in procession with music and flags. It may be attempted to be
said that the Reform we sought was not constitutional; this is
a new doctrine imported from Algiers. I apprehend the right
of petition or remonstrance is a chartered right, anterior to all
forms of Government, being planted by Goo in our very natures,
and a right enjoyed in the most despotic States, in Constantino-
ple as well as London. It is expressly laid down in the funda-
mental laws of the land, that every body hasp the liberty of peti-
tioning, and adds, that all committals for it are illegaL If the peo-
ple 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 pe-
nal ?—or for the disfranchisement of Gatton, Old Sarum, &c.?
He then referred at large to the Act of Settlement, and said, if
this be not so, farewell reason and justice, the Duke of Rich-
mond, Earl of Chatham, Fox, Pitt, Sir William Jones, Gran-
ville Sharpe, Sheridan, and thousands of other great men. I
trust the Meeting is now proved legal. The Magistrates, I wish
to impress upon you, that the Magistrates do net appear to have
discovered the Meeting to be illegal until twelve o'clock ; If
they knew it before, they were criminal in not giving notice of
it. He then impeached many of the witnesses for the prosecu-
tion, on account of their connexion with the Police, and eulo-
gized the witnesses he had to adduce, and then concluded thus
" And now, my Lord Judge, I pray you net to say anything to
prejudice the minds of the Jury, but leave the matter with
them ; and to you, Gentlemen of the Jury, I would suggest
word of advice, namely, that the law considers you the Judge in
I this case ; and, therefore, you will judge .for yourselves, with-
out taking any notice. whatever of what may be advanced as to
this opinion or that opinion. I only seek to repair our old Con-
stitution, and make it a fac simile of the sentiments of the Peo-
ple at large."
Mr. Swift said his situation was very embarrassing
to him, as he had never addressed a Court before, and
more so, that he should be held up as a man who
had attempted the destruction of his country ; he
had fought for his country when a child, and would
do it again when called upon. He admitted that he
was present at the Meeting, which he considered was
merely to Petition for a Reform in the House of
Commons, and if such a Meeting was to take place
again on the then existing Laws, he would attend it.
He had lived in London upwards of ten years, and
never visited the place where the Meeting was held,
or its neighbourhood, until within a few days of his ap-
prehension. lie knew nothing of Mr. Hunt personally,
he had attended Meetings with him for up-
wards of ten years. He did attend the Meeting, and
he believed lie had said something like that which
Mr. Orton had said lie had, he only exhorted them
to be quiet, and it was his earnest and most desirous
wish they should remain and depart so. He had
been falsely charged and for the part he had taken in
the Meeting, he hoped the Jury would conceive he
had already received punishment enough, by being
confined for ten days in the New Bailey, carried to
Lancaster Castle, and afterwards condemned to
procure bail to appear before them on the present
occasion. He had exhorted the people to be peace-
able ; and the witness, who said that he had told the
m to lock their arms, that their enemies might not
come in, was a perjured villain.
The JUDGE said such language must not be used.
Swift begged pardon ; he had no connection with
the others. lie left his case to the Jury, and whether
his conduct had been lawful or unlawful, he thought
that he had been sufficiently punished.
Mr. Johnson then rose, and said that he should
merely state why he attended this Meeting; it was
at thc express request of several people of the town,
He had some influence over the minds of the lower
orders, and his whole intention was to prevent the
people attending the Meeting from creating disorder,
and restraining them altogether. The Meeting was
convened for the purpose of agreeing to a Remon•
strance to the Prince Regent, which had been prel
viously agreed to, and refused to be presented. They
were anxious that their Sovereign should know the
:eal state of distress they were in. As to the evidence
which had been produced this day in the persons of
Mr. Willey and Mr. Slater, he would admit to the
Jury, that, if it was true, he richly merited and deserved
their punishment. Was it at all likely of probable
that he should eater 'a conversation of this na-

ture with a man whom he knew little or nothing oIP
He could assure the Court nothing could equal the
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
them and induced them to swear falsely. He fortu-
nately had witnesses here to contradict this evidence
in such a manner as to leave no doubt on the minds
of the Jury.---[He then made some strong remarks
on the conduct of the Police of Manchester, in which
he was stopped by the Judge.J—He should take
his scat under the impression that they would dis-
miss all political prejudice from their minds, in the
consideration of the case, and under the conviction
that he should be able fully to disprove, by unques-
tionable evidence, that given by Slater and Willey, and
that he should then deserve a verdict at their hands.

The Court then adjourned at half-past six o'clock,
and at the earnest solicitation of Mr. Hunt, deferred
the hour of meeting again, until ten o'clock, instead
of nine, to-morrow morning.