Star.
London, England, 1820-03-28 00:00:00

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NINTH DAY.

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fIDDLESEX ELECTION.

The town of Brentford was almost impassable,
from the amazing number of carriages and vehiclei
of every description, which completely lined the
streets. .Sir Rowe ,Wineon led up a large body
of Freeholders, ?a the interest of WIHTBREAb,
from Stepney ; FRANdiS'BUIIDETT another, from
the Crown and Anchor, in. the-Strand ; sand Mr. Al-
derman Wools headed another detachment of voters
for the same Candidate. The Hustings, and the
space in front, were much crowded. At the close of
the poll, the numbers were as follow:
Mr. Boss . . 3,479
Mr. Wurrsaw) - LOGO
Mr. MaLLtsti - 2,591
From this it will be seen that Mr. WiIiTBRILAD
gined 9.00 on the day's poll.
Itir.l3‘tto came forward to return again his grate
ail thanks to those Freeholders who had honoured
him with their suffrages. Though he had not been
favoured with the support of the Electors generally,
still he felt conscious of deserving it, and he re-
gretted that any of them should omit voting for
him. He wished for the vote of every honest man ;
for by giving him their suffrages they would shew,
that as honest men, they approved of his Parliamen-
tary conduct—(Applause).—When he received a
vote as a personal favour, he was much flattered by
it.; but he was ten times more pleased when it was
given to him as a tribute to his principles, which for
thirty years had never deviated from one uniform
course—that of serving them and not himself—
(Bravo).—If onytLing were wanting to shew how,
bsoundless the charge of coalition was. which had
een made by Mr. Mellish, it would be found in the
-result of this day's poll, which gave to Mr. Whit-
bread a higher station than he (Mr. Byng) held.—
But Mr. Mellish, in his late Address, appeared be-
fore the Freeholders in a new character ; one, how-
ever, which he would find some difficulty in sustain-
ing. He professed himself, in that Address, the
friend of Civil and Religious Liberty—( Laughter,
mad cries of " he never was" ).—From this novel de- I
claration, he expected to do great things ; and know-
ing lag week that he (Mr. Byng) had expressed a
jpeleasy at not being included in the votes that were
given, *he sought by such means to create a diver-
stop in his favour, while endeavouring to divide the
Hectors of Westminster, who he knew were to come
denvoto-day ; yet it was surprising the Freeholders
bad not gieea him credit for his liberality, and raised
him higher on the poll— ( A laugh).--It was cer-
taiu, that according to this recent Address, Mr. Mel. '
lisp bad considerable advantage over him (Mr. Byng),
who, after thirty years exertions, *as not able to do
more than acquire the character of being a fi lend to
civil and Religious Liberty; one which that Gentle.
man had gained in the short space of a fortnight—
(44ughter).-1-fere, indeed, was a most rapid pro-
gress ; and it was impossible to say how much more
might be done by Mr. Mellish, should the present
contest be of much longer duration. In fact, at this
rate, it was not too rash a conjecture to hazard, that
homight ultimately become a perfect Radical l--(Loud
toughter).
Mr. Wilerisainto presented himself amidst the
tonal demonstrations of applause. They had once
more given him a station of still greater security on
the poll, and which, he doubted not, would be con-
tinued till the contest was crowned with success. In
contemplating such generous exertion on their part,
he never felt more embarrassed, because he found
that no language of his could do justice to them, nor
eepeess his own profound sense of gratitude—(Ap-
plause).—lt was truly gratifying to him to observe
the spirit of caencord which prevailed upon the present
occasion, in uniting to put down those abuses which
their opponents would perpetuate—(Cheers).—ln or-
der to attain this great end, all minor differences
i.t politics were entirely forgotten, and Middlesex
Seas the standard to which all the true friends of
Reform hastened, without any reference to objects
of a less important nature than those which a noble
patriotism inspired—(Bravo .I—This might be term-
ed a coalition, but it was one in which he gloried ;I
it was one which would lead to an union of interests
for measures of the greatest national consequence—
the
peace, the welfare, and happiness of the country—l
(LGuel cheers).—lt was very natural that their enemies
should be jealous of such a coalition, and therefore
they attempted to create discord between the friends
of Reform, by raking up trifling and momentary dif-'
terences: but he hoped that the love of country would
overcome every partial consideration, and that con-
ciliatory measures would be the bond of union by
which they should be found acting together while
arrayed in battle against expiring corruption--(Cheers).
',lbe hireling pints of the Ministers still continued
their calumnies against him, and for no other reason
than because he had avowed himself a thorough Re-
forneer—( Great applause.)—But he would ask any
man if the House of Commons was what it ought to
be ?—(No, no ! )—Most certainly it was not; and it
would be the greatest effrontery to answer in the af-
firmative. But if it was not what it ought to be,
who was the man that ought to stop short in apply-
ing a remedy ?—(Bravo !)—lf by the term Reform-
er was meant a person who was willing to subvert
the Constitution, then he should say that he was not
one. But if, on the contrary, it meant a person de-
sirous of restoring the original freedom and security'
of the House of Commons, then be would say, that
most assuredly he was ore—(Bravo !J—Hie was for
a Constitutional Reform by Constitutional means—
such a Reform as would satisfy the greet body of the
people. His motto was, the " King and Constitu-
tion.' He only desired the blessings of a free Go-
vernment, that the King might be blessed in a free
people. His opponent had, or. Saturday,'challenged
hires to bring greater numbers than he should to this
day's poll; but they had given him an answer more
substantial than mere words, as would be seen by the
deaidgcl majority which he (Mr. Whitbread) had
gained by their exertions. For these exertions he
once more returned them his sincere thanks, and it
would be his earnest endeavour to repay them, by a
faithfal discharge of that important trust, which he
row had every reason to hope they would repose in
biro.—(Cheers.)
• Mr. MELLISH now stood fojwaid, but could not
obtain a hearing, though Mr. Sheriff Parkins inter-
posed in his behalf ; upon which . .
Mr. WHITZIREAD again presented.himself, and said
he had strolls tcascn to believe that a good friend of

their's (Sir F. Burdett) intended to address them, but
that he certainly would mayio so, if .Mr. Melrtshivas
not heard-7( akra, and evses ter. "{cell hear kiln").
Mri.Mittiso was then allowed to proceed. His
kltt, he'said, did not perMit him to strain his voice,
if they were even tolerably indulgent, he would
l
t-•
a few words—(Browel hear him). After the at-
tack which Mr. Byng had made upon him, he needed
not be very nice with regard to that Gentleman. If
the coalition had not taken place between Mr. Byng
and Mr. Whitbread, it was quite certain that he (Mr.
!Mellish) should not have been so high on the day's
poll ; for many of the Freeholders had. in consequence
of it givewhim plumpers, and receded from the in-
'tentions they had at first formed of dividing their
votes with him and Mr. Byng.—( DisapproNztion.)
Itappeared Mr. Byng thought his principles changed,
but he was mistaken. As to what his principles
were, he should say nothing, because they all knew 1
them—( Yes, we know them too well, as we tad you
before).—He could not comprehend how Mr. Byng
and Mr. Whitbread could agree upon the question of
Reform. One, it would seem, was for short Parlia-
ments, and the other was for giving the people every
thing that they could want, but still the practicability
of Reform was not defined by either. If their system
of Reform included Universal Suffrage, he promised
them he should not concur in it, nor should he turn
Radical, as Mr. Byng had facetiously anticipated.
He was glad to find that Mr. Whitbread was now
satisfied, that so respectable a gentleman as Mr. Gar-
diner was not capable of acting as he had been repre-
sented with regard to one of his workmen. But this
was only another of those idle electioneering stories
of which he could recount a hundred and fifty if he
thought them worth notice. Here Mr. Mellish being
again loudly interrupted, was obliged to conclude,
thanking his friends for their exertions, while he re-
quested they would persevere to the last.
Sir FRANCIS Benham being impatiently called
for, came forward amidst eat iusiastic acclamations.
It was now' a considerable time since he had first the
satisfaction of addressing his brother Freeholders
from these hustings, and from that period to the,
present, various important events, of a public na-
ture, had taken place. But it was a sincere gratifi-
cation to him, to meet the Freeholders of Middlesex
still the same—to meet, this day, his, old friends with
old faces, and with the same steady principles, still
engaged in the cause of Reform—(Applause). Mr.
IByng had said justly that no man could find fault,
jwith his conduct in Parliament, which had invari-
ably been upright and . consistent ; nd believing
him to be of the same principles waith Mr. Whit-
bread, he gave him.equally his support, and hoped
every other Freeholder would do the same—(Bravo !
he deserves it). It was of the greatest importance to
recover for the County all it had lost by the return
of Mr. Mellish for so long a time previously ; and
when this end was to be attained, it was quite puerile
and absurd to talk with censure of the term Coa.
lition—(Applause). He would ask, what could be
mete worthy of freemen—what more honourable,
than united exertions for a great public occasion ?
(Loud cheers). It was the maxim with their foes'to
divide them ; but it ought to be the maxim with free-
men to unite, and not to be too nice in scrutinizing
theirspolitical differences, provided they could ap-
proach closely enough to establish a grand principle,
the recognition of which was so necessary to the li-
berties of their native country—(Applause). What
could possibly be more. worthy of Mr. Byng, than
that he should take by the hand a young man of
great promise and undoubted integrity, in order that
he might thus restore to the County all it had lest
by an odious coalition of base and mercenary inte-
rests ? No man would suffer dust to be thrown' in
his eyes with regard to the futile accusation so gravely
brought against Mr. Byng and Mr. Whitbread.. He
had heard the young Candidate to-day with the
highest gratification ; and if all public men should
unite on the side of freedom, according to the ex-
ample so nobly set in Middlesex, they would very
soon rescue the County from that scandalous system
of Boroughmongering domination. Indeed, it was
generally believed, that this intolerable domination
now constituted the Government, and he had re-
cently heard the fact stated in. Leicester—(Cheers).
This it was that poisoned the crystal spring, which
would otherwise. invigorate and refresh the State—
this was the root of that baneful tree, which spread
its noxious branches only to extend more widely
misery, mischief, and desolation--(Cornieued cheers).
But Mr. Mellish would never be Radical enough to
cut up the tree of corruption by the roots, after
having tasted se much of the fruit.—(Laughter and
cheers). But they were radical enough to cut it up ;
nor would they be content with pruning its branches,
as that would only give it more strength, and render
its influence more powerful inci permanent. There
was no skilful farmer that would not pluck up his
weeds by the roots, if he desired to have a more
plentiful crop upon another occasion—(Laughter).—
He hoped there would be other coalitions besides
that said to be formed between the popular Candi-
dates, and that he should see one in the cause of Re-
form, between the Freeholders of Middlesex and the
Electors of Westminster. din a Radical and Consti-
tutional Reform every one must agree who was not
opposed to all effectual Reform—(Loud applarse).—
Mr. Whitbread desired a Constitutional Reform by
Constitutional means—no man was so mad as to
seek it by any other. This, be doubted not, would
soon become more apparent, and the friends of Re-
form would be on their guard against the agents of
the vile Boroughmongers, who had established their
odious system on the usurped rights of the People—
( Cheers ).—He felt that he was not able to address
them at the length he wished, but he hoped he had said
enough to convince them that he was the same man
standing there in the year 1820, as they had first
known him. The only cause which he espoused was'
that of his country—one which he should never
abandon—(Cheers).—The Hon. Baronet the= briefly
referred to Mr. Whitbread's qualtfications as a young
man of public spirit and high principles, which, he
said, together with the name which he bore, recom-
mended him more than anything else to the notice
of the Freeholders, acrd secured to him such distin-
guished support as that he had experienced (Cheers).
—He (Sir Francis 13urdett) was the more delighted
with the exertions made for the young Candidate,
because he saw they, were voluntary, and not the
consequence of any previous arrangements to esta-
blish his success. From this it was gratifying to
observe that the case of Refsarm was makii.g, its

way in Middlesex, while it had been so long taken
u. by.'ibe Electors of Westminster. lie hoped a.
similareling would very soon pervade the country
generally, and stimulatO the people to get rid of an
evil, without the removal of which all attempts to
secure national freedom and prosperity must prove
abortive—(Applause).—He regretted that it was not
in his power to do as much as his inclination Would
lead him,. in promoting the successful issue of the
present contest rbut he was subpcenned on a trial to ,
Warwick, and, in consequence, would he obliged tol
leave London to-morrow. But so far as his influence
_could go, no exertion on his part should be wanting
in favour of a cause which be had so much at heart.
They would, he believed, give him credit far his
professions, as he was not an untried man ; and he
might say in another sense, that he was not an un-
tried man !—(Loud acclamations and laughter).--But
whatever. the result might be of the affair to
which he alluded, and he had reason to think it would
not be what some persons expected, still it was quite
indifferent to him.; the progress of liberty was on its
march, and he had no regard about the personal con-
sequences to himself, provided that his struggles 1o:-
the freedom of his country should terminate in ekta-
Wishing it on a firm basis—( You are the.ornament of
your country).—He now should take his leave, assu-
ring them, that no man would ever feel more proud
of the exaltation of England as a land of freedom,
prosperity, and happiness, than himself—(Loud and
reiterated acclamations).
Mr. Horsuousc was now loudly called on to ad-
dress the Meeting; but Mr. Sheriff PARKINS stated,
that it was not competent to him to do so, and the
Election was adjourned.
The Meeting then dispersed in good order.

TRIAL OF MR. HUNT AND OTHERS.

CONTINUATION OP NINTH DAY.
YORK, SATURDAY.

Mr. Justice BATLEY commenceJ his charge to the
Jury about a quarter before three o'clock, and ob-
served, that the period was now-arrived, at which it
became his duty to lay before them certain observa-
tions, and those with as much accuracy as possible,
as to the law of the case, and to mark out with care
the grounds on which they were to give their verdict.
He earnestly begged of them to dismiss from their
minds all political or party feeling, not to consider
what may or may not be the consequence to this or
that party, but to do this, and this alone—pronounce
such a verdict as the evidence would justify. It was
their bounden duty to weigh well every observation
he might make, and only adopt that which coincided
with. their own opinions. The evidence in the.case
should alone decide, and every other consideration be
wholly excluded. A great question for them to de-
cide on was, the conduct of the crowd who were as-.
sembled on that occasion; but the questions relative
to the Magistracy, the Military, and the Constables,
should not have the slightest weight in their consi-
deration. He (the Learaed Judge) had taken care
that the propriety or impropriety of the conduct of
these parties should be wholly excluded cn the trial,
and that with a view that no prejudice might result
from it, either to their minds, or to the issue of the
cause. He had prevented the defendant from put-
ting. a question, which he might legally have done,
in furtherance of the same views, and he hoped and
trusted-that in doing so, he had not acted inconsist-
ently with .thi his situation, upon expressing
his wish to the defendant, not to put any questions
that might bring the conduct of the Magistrates, the
Military, or the Constables, into the evidence, he
(the defendant) did not press the question, and in so
doing acted most becomingly. He was quite sure
that in this, as in all other cases, they would give
the defendants every advantage resulting from such
conduct, and every, fair benefit that the evidencemight
justify. If any doubt whatever remained upon their
Lmiads, the defendants were entitled to benefit by it,
:and to have a verdict of acquittal. But if, on the
other hand, he hoped and trusted, and was satisfied
if the evidence called for a different verdict, they
would come fairly and boldly to it. To give satis-
factiOn to the defendants in case of their conviction,
is one amongst others of the great advantages of a
trial in public Court, where they can see they have
been fairly dealt with, subject, however, to such re-
strictions and limitations as men in no state of society.
can be free from. The indictment against the de-
fendants contained charges of riot, conspiracy, and
unlawfully assembling. The objects of the conspiracy,
as they are stated, are, that the defendants met, and
caused others to meet, for the purpose of destroying
the peace of the King; and of exciting alarms and
jealousy amongst the subjects of the realm. And if
eit,her of thest were proved, it would call for the con-
viction of the defendants. There was included in the
charges one for causing disaffection, and an attempt
at overturning the Constitution of the country. Then
there were three charges against the defendants, one
to disturb the public peace ; the second, to raise dis-
affection in the subjects of the King, and create fears
and jealousies amongst them: and the third, to ex-
cite the subjects of the King to a hatred of the Go-
vernment of the Realm, as by law established. if
any of these charges were satisfactorily made out
against the defendants, a verdict of Guilty should
necessarily follow. In the count for conspiracy, these
things are charged as motives, in the others they are
charged as exciting to disaffection. The indictment
further adds,
.that the defendants met in great trim-
berg, with inflammatory ensigns and inscriptions ;
that they marched in military array, and with offen-
sive weapons, to the great alarm and terror of the
subjects of the King. On the subject of unlawfully
assembling, the Learned Judge proceeded to state
the opinion of one of the ablest writers on the subject,
who said, " that any Meeting whatsoever of such
great and numerous bodies, as cannot but endanger
the public peace, and create fears and jealousies
between the subjects of the King, or. assemblies
• armed (for no one can foresee what may be the event
of such an assembly), is unlawfid." 1t under all
the circumstances of the case, any such Meeting
. have a natural tendency to create• alarn, sawn
Meeting is unlawful. A merely warlike appear-
ance, however, in that Meeting, did not n,:cessarily
constitute it an illegal one.. One question now was for
the consideration of the Jury, namely, whether the
Meeting of the 16th August was formed of such
numbers, and in such manner and circuthstances, as
to endanger the public peace ? A large Meeting

might be very innocently assembled,, and yet many
ibileerdso, n
ifs at
they
e thy at a Ndletteht iengi
innocent
tt
abtet
eni idleagnatlsl ytheaisrse mi
n--
struments for unlawful purposes. In all Public
Meetings, the. purposes, the mariner, and the means
Used for obtaining arid collecting together such an
assemblage, must be considered ; but, for himself, he
had no hesitation in saying, that the assembling of
60,000 men did not necessarily. make it an unla-sful
raasisseemabnlngyifea.
rsltormi
jeglaslso,sio demean
siesi ntheitnsf as
eelighixotnnolit toood
where it met, and therefore could not be considered
as illegal. If persons illegallo- introduced them-
selves into such a Meeting, although 59,000 were
innocent, there might be twelve or twenty illegally
assembled, and liable to be tried for having assem-
bled there. Although, as to the bulk cf the people
assembled there, it might be a legal Meeting, yet, if
some continued there, who, influenced by placards*
'or other means, gave to the body of the people a
direction likely to endanger the public peace, such
persons would, on conviction, be legally punished for
a conspiracy. To constitute the offence as charged, lir:-
mediate danger was not necessary; it was quite enough
that danger was likely to be its result at some ether
time, and in such case the defendants could not be ac-
, quitted. [f, on the other hand, taking into account the
circumstances under WLich the Meeting was assets].
bled,mixeci up as it was with women and children, and
if the Jury should be of opinion no piesent, although
some future danger was to be appiehcnded from it,
then they should give a special ver.iict to that effect.
In cases of conspii acv, the acting if oersons tooetner,
unless one common 'design he proved against them,
cannot be sustained. Meis may act from the dictates
of their own mind, and act teaitiouslo, although in
such cans they might not be liable to a charge of
i conspiracy; but, at the sanse time, it is nut necessary
in conspiracy to prove au actual inceolig of many
persons, if the circumstances that occurred could not
have resulted without oreviotis ',anis between its au-
thors. In the pre emit case, the evicience of a com-
mon plan of marching is ant invalianly given, and if
the Jury believed the different 1 arties came by acci-
dent to use a regular step, though ar lying at a com-
mon place of meeting, that would not constitute a
' conspiracy for that purpons. If one party agreed to
march to the Meeting with banners and in a regular
stepa others, upon the mere hearing of such an in-
tention, might have followed the example, and the
mere circumstance of so corning did not necessarily
imply any previous plan. Those only can be impli-
cated in a conspiracy who were parties to the to .
mation of an original plan, or afterwards had cca.
curred in it. You may believe that one, and one
alone of the defendants was guilty of a conspiracy,
together with others, not named in the indictment,
or had tbrmed some previous plan with them ; but
the individual so connected is the only one who
should be found guilty. The case of unlawful as-
sembling dues not, however stand on the same footings
If twelve persons assembled improperly, they would
be guilty of unlawfully assembling, although no pre-
vious concert had been proved or established against
them. It would be for cheJury to consider. ail the cir-
cumstances of the present case. The banners were one
thing, the general appearance of the :sleeting ano-
ther, the drilling a third ; but then the mere act of
drilling was not illegal because of hawse: s being seen
an i
a subsequent Meeting of drilled persons, unless in
those who by holding the banners, had give.[ coun-
tenance to the Meeting by such adoption. Drilling
was only illegal when used for illegal purposes, and.
those of the present defendants could only he coasi-
dered guilty on that head when pi oved to have been '
privy to it, and that for an illegal purpose. On the
part of the prosecution no evidence was adduced to
shew that any immediate terror was felt at the Meet-
ing; on the contrary, it was stated by Counsel, that
he did not doubt the then object of the Meeting to
have been peaceable, although it might be that the
bad seed was then only sown, and they should wait
until the harvest time to reap and gather it. (The' I
Learned Judge here began to read over the very vo-
luminous 1,
evidence as before detailed, and asked the
Jury if they were desirous of. hearing it all read as
it appeared in his mutes ? To this no answer was re-
turned, and he proceeded). The evidence on all
sides proved that no illegal act was committed at
the Meeting, nor immediate danger contemplated,
and that nothing, as far as words went, Wds in-
culcated but peace and quietness by Mr. Hunt.—
Then, with regard to the banners, if no concert could
be traced to • the defendants respecting them, they
could not so far be found guilty; no evidence was
offered to shew that Mr. Hunt was aware of the pla-
card
advertising the Meeting for the 16th, although
he was aware cf that which preceded it on the 9th ;
as to the keeping step, and the banners of " Liberty
or Death," these things did net necessarily imply
illegality. There was another banner, searing on it OJi
"No Corn Laws ;" but that might have been put on .;‘l
a flag merely as indicative of the wishes of the people 1„
that the Corn Laws should be altered, tracing, as
the people did, to their operation, many of the hard-
ships they endured. The Cap of Liberty also was ..
said to surmount many of the flags; and it would be
for the Jury to consider whether it was meant in e
It epublican manner or not. He was not well skilled
in the uses of these emblems, but he believed the Cap
of Liberty was an insignia of loyalty, and carried
before the King by an Officer appointed for that pur-
pose ; what it might import in other local districts,
he could hot say. When his Lordship came to that
part of the eeidence for the Crown which was given
by Mr. Kelton, he observed, that no doubt could be
entertained of the great respectability of that Gentle-
man.
It was, however, to he considered, that he
leas not in that situation which enab:ed him to ob-
, serve so accurately what passed as many of those
whose evis).encesnegalieed the throwing 'of sticks, !
stones, and brickbats. lie thought it probable that
a "Magistrate, knowing the great responsibility en-
..
trnsted to him, and that drilling had been carried on,
and that his imperious duty called upon him to act si
upon a sudden emergency—he thought it prabable
that a man so placed might he agitated, and not
cool during the time he was considering that he
might become highly criminal if he suffered such
proceedings to go to suds length as to endan:ser the
peace of the town. . That witness states the deposii-
tious re resting the alarm of the inhabitants; but
here those depositions, if there were a million cf
them, could be of no avail: for the 111)
.weielsouud
lalone to attend to rira voce evidence given in open
Court. • Nadia 's statement to Alr..iialte= might' J'•!s- q
4