The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-01-03 00:00:00

tually in some degree connected with them. Gentlemen, hi
this case I propose to call before you no spy nor informer,
for none such were employed; but I d 6 propose trecall Le-
fore you several who were employed more or less in this
insurrection, and who, I submit to you, may be safely
trusted if their evidence shall be consistent if they
shall be corroborated in the main facts to which they
=Teak. Upon that evidence, as it humbly seems to me,
no doubt at all can exist in your minds with regard to ,
the guilt of the prisoner. Gentlemen, it gives me the most
sincere satisfaction to find that he is defended by counsel of
the first eminence and the. first talents at the tsar of Eneland•
everything that zeal, everything that learning,
that eloquence can do will be accomplished in his c
.that the result of this trial must be satiefactory to t
lie justice of the country. Gentlemen, I own, it as
me, my learned Mende, upon the proof of these face
have a very difficult task to perform. I think tee
hardly deny the law- of high treason MA it is laioi
by Lard Coke, by Mr. ,Luetiee Forster, and Lc
terden, and that there was here, according to evidence ,
armed insurrection, very formidablein nutnuers, with a pub!
Purpose ; and that there was actually a conflict witn
Queen's troops, notacculeetal,not any sudden affray, le
premeditation and nesigu. NN ill my learned trice,'
there are some private objects whice the prison
attain? Gentlemen, what that was lam wholly
conjecture. I hear nothing or,private wrongs-_I hear n
of any private grievance. Ims was not a meeting
cussion ; it was not aerieeting for petitioning the Queen, o:
either House of Paritament ; it was not a nmeting.arising Out
of any dispute between masters and servants in the coal or
iron trade ; it was not, gentlemen, ahy sudden outoreak font
want of employment, orfor want or rood; for I believe, when
the inquiry is made, it will turn cut that t'
trade had seldom been more prespercue ; v
and those who were engaged in this nisurre
vate grievance which they wished to redrees.
men, what is the conclusion to be drawn ?
'lessee whom 1 shall call before you • see..fil: the true.
there was this public object—by armed rorce to cheege
and constitution of the country. Gentlemen, unless the of
fence is clearly and satisfactorily inade out, no question I
will be your duty to acquit the prisoner, anilyera will have
satisfaction in doing so. But, gentlemen, if tile case should
be clearly and satisfaceorily established, you will ant the manly
part ; you will not shrink from your duty, whatever may be
the consequences. Gentlemen, it imports us 'all, in what-
ever situation of life we may be—it imports us all that the
law should be respected and obeyed, whether landed pro-
prietors or farmers, merchants or tradesmen, whatever our
position, be our station its life ever so humble, it equally im-
ports us ail that such tumults should effectually be sup-
pressed; it equally imports us all, for the sake of the inno-
cent, that the punishment of the guilty should take place.
Gentlemen, have giveu. you a short outline of tee facts
that are to be laid before you. I have omitted circum-
stances that you will find come out in evidence. I have
avoided particular expreseions, which you will hear much
better from witnesses whom I will now proceed to call before
you. Gentlemen, an intimation hes been given on the pale
Of,tte counsel fbr tte pi-le:mei., that tie proper forms of lay
have not been observed. If, gentlemen, that shouli -
out to be the case, by all means let the prisoner
benefit of the irregularity. Mit I believe it will turn cm
that the forms of. law have been least strictly pursued-
that there has been every attempt to give the prisouer every
advantage—that in every department by wtiicu thie
tion has been conducted, a desire has been shown is
who are accused should have the most meele opt,
preparation, and for vindicating themselves
noceut. Gentlemen, in cases of high ts
cases of great importance to the accuse,'
particularly guarded those against enom the charge is
brought. It has given ample opportunity to know what the
nature of the charge is, who are the witnesses by whom the
prisoner is to be tried. Gentlemen, it will turn out in this
case that Mr. Frost. has had the most ample opportunity of
knowing the nature of the charge, the names of the witnesses.
to be adduced against him, and of the jury- by whom he is to
be tried. I believe that no form has been omitted, and that
no form will at all interpose to prevent the justice of the
country from proceeding. Gentlemen, I have no doubt that
the witnesses being called and exam-heel, and you having
heard what they have to say, and having listened with all re-
spect which is due to the arguments and observations ".
may be adduced on the part of the prisoner, your importan,
duty will arise to give a verdict of guilty or not guilty, and
do not doubt for one moment that that verdict will he •
towards tee prisoner, and satisfa&tory to the publ:-
of the country.

, everything

,eins to

ord Tt.

saa;!,•ht to
t a ios3 to

for d

.he coal and iro
rages were high

at the wit-

i turd
ye Om

prasecu-
bat those

:unity f

e in-

, which are

he lsiv' has mon

that

The SOLICITOR-GENERAL then called Simmonds to
be sworn and examined as- a witikes.t, when lie Is as interrupted
by

Sir F..POLLOCK, who stated to the court that they had
had no list of witnesses in which this naive appeared, deli-
vered in pursuance to the act of parliamcet. He therefore
called upon his learned friend to chew that a list had been
delivered in pursuance of the act, cantaioing the name of the
witness now proposed to be examined.
The Arronetve-GENErtah then
Maule, the solicitor to the treasury, to prove the delivery to
the prisoner of a list in which was contained the name of
Samuel Simmonds. This point being established,
Sir F. POLLOCK then objected to the descriptiot.
witness as insutlictent. I3nt that was a subordinate
It was now his duty to submit on behalf of the prism,
one of the most important provisions of those statue
constituted what his learned friend t ad most io
termed " the charter of the subject" ut
for high treason had not been duly
present instance. He trusted their lc
he had no other motive in interposhe
prevent a statement from being made
never could he proved, and which, if it s.
he thought perhaps his learned friend, in th.
discretion, would, for the sake of the crown.
the prisoner, and other parties iitteres" hn
to make. At the same time he dist'
his learned friend was desieous of maaing his stet
he had a perfect right to do so ;
.and the objet
(Sir F. Pollock) was now bringing would only a
placing the witness in the box for the purpose of being sworn
to prove the charge against the prisoner. The objection he
must make at some length' for it would be necessary to pro-
duce every authority which bore on the point; and if in die.
charge of his duty he should
dulgence of the Court, he h
say in. his own._ -laalf that he stood unctohen.hh,
novel situation for him—one, he would not admit, of em-
barrassment, but one of deep and intense interest. The facts
before.thcir lordships, he believed, were shortly these :—The
commission under which they now sat was opened on the 10th
of December. The bill was found on the Ilth ; and on the
12th of the same month capes cf the indictment and lists of
the jury were delivered, not to Mr. Frost, but to every one of
the prisoners then in custody ; among ethers, however, to Mr.
Frost, whose case alone was now under consideration. On
the following Tuesday, the 17th of December, and not till
then, a list of the witnesses was delivered, by whom the
charge in the indictment, a copy of which had been delivered
on the preceding Thursday, was to be sustained. He had
hoped Mr. Manic would have been able to state some further
particulars with respect to the delivery of the list of wit-
nesses. It was a matter of importa3ce to show that what
had been done, never could be taken as an obedience to the
statute. It scented to be thought satEcient if the list of
witnesses were delivered ten clays before the trial, forgetting,
as their Lordships would Lind, several of the text books for-
got that the delivery of the list of witnesses must not only
be ten days before the trial, but at the same time and with
the copy of the indictment and list of the jury.—[Sir Frede-
rick POLLOCK. then entered into an elaborate argument on
the point, which he concluded by stating that he hoped their
Lordships would rnle.that the witness who had been called
could not be examined, and that the jury, under their di-
rection, must return a verdict of ''not guilty."]
Mr. KELLY then addressed the Court in support of the
objection taken by Sir F. Foltoek, going minutely through all
the precedents cited by the learned gentleman, and con-
tending that it Wes manifested bath by the terms of t?-
statute and the practice of the courts, treat the ' --
the lists of witnesses was imperfect and illegal
After Mr. KELLY had couclneed • •
The ATTORNISY-GENERAL prose
first place Mr. Maule, the tolcit
every reason to believe that

LaVe

he

d upon Mr. Georg(

which he

n of the

aer, th

of trial
. in the

confid

,uld so turn on
';!exercise of h

ictly stated, that if

ion to as
,fight be pel

idres

in he
se on

the i

mitted to

delivery of

,' to argue that in the
the Treasury,

311,7it0r

Mr. Frost and ell the prisoners,
ceedingly desirous that the cop%
be served as soon as possible, a:
laved until the list of the \NI,IIO:',TA compleee ,
Mr. Maule, to give the prisonera edditional benefit, servec
the copy of the indictment on the 12tli of December, although
the list of witnesses was net cemplete till the 17th; and the
real complaint now was, that (he cepv of the indictment was
served too soon, for if the service oe the copy of the indict-
ment had been deferred until the I;th of December, no ob-
jection could have been made,.
The ATTOWNFT-G Lit Al. II:
contended that all that was met
that copies of each should its t
days before the trial; but his k
if the copies of each had only
there could have been no objece
cause the indictment was edit
He would contend that the elc
was that each of the document
of the prisoner at least lb :ass .iy, there
fore, if he had them 1,1 nee:, befare, the prisoner could
not say that he was pretoeieee. But they admit the
if they had been re-served Cacil, on the •17th, w,
they were served with the list of witncee
have been good service. Note, in the. name 01
Lords, what object would lieye been obtained by tl
service? If their Lordship,: g rented this objecti
must be the rule hencelenth ? .tVey, that every t.
be withheld from the prison;, e the list awl*
Hie
Is this mecey—is ~is humanity tote
He has the indictment del::. ieet ;0 him soul,
and look at the benefit
sends it, no doubt, the next (.1y
Then he is served with the list ei eit jure
arid was thus enabled durine flee eetr,
seek out their characters; and no de
availed themselves of it by the ue
their challenges.
The learned counsel wee per,
half-past six o'clock, when
Chief
Judgesf Justice
there appears to us to Le suffi-
cient doubt to reserve the point for further consideration.
I act not prepared to say the ol.;eetion made on the
part of the
upon
which
noprisdoinzt
ancis islAi Cut it is a question
ion Las taken place, and
which calls for very serious consideration. It is the
more important that the same ()rejections may epple to
the several other ctaF,.!s i,a whira the indictments hal
been found, and the prisoners arraigned. We- parpoce
to take a course on the present occasion which will prevent
the possibility of an over hasty !reision operating to thopre-
judice or disadvantage of the prisoner, and front caustug a
failure of public justice. We seed allow the trial to procee.l,
and take the opinion of her Majesty's judges on the validity
of the point, provided such proceedings should become ne-
cessary. Th-morrow morning we shall proceed with the
evidence.
The court then adjourned to to-morrow, at nine o'clock.

be de-

by the Legishlt
ve:ed to t

:t of Anne, rap',

ii friend ad

priso

:erved 10

:cd,

; but t

say that, I

1 eariier, that it was 'ow.)

rs :tht

Q of the Legislature

be put into the bar
e trial; s

Tod,

Ices!

irney to seek: Out

s to disc

learned Irk

,ne in which they made

a his ar

Robert Ellison Harvey, Esq. of Liverpool, hes been
pointed a county elngistrate by the Chancellor of the Du
of Lancaster.

Liveit TnEATIII
Sheppard" has been prone.
and judging from the state t
sag it greatly to the fu
principal incidents narrated in 1,
tively introduced,: and the general
The managers are entitled to gi
which they have " got up" this p,
Tur. nucrow, who never is pa',
simonious in the quaii y or al,(11::,i; (..1' the atnusements
he
provides, IS now performin.,,,. a spleu.lid pageant called
" Charlemagoe," in which it is difficult which to admire
most, the gorgeousness of the dresses and scenery, or the
skill of the performers. At this festive period our friends
should treat their younger branches with a sight of the magni •
ficence of the amphitheatre, especially as we are persuaded
they will be greatly pleat;ed wiih all the other departments.

Sinc 0!.1'

Jacl

thould

!s of tl

[l's work ire eirec-

e for tile ttyie in

AWFULLY synnr.N DEAYtt.—Testcrday' on the Grand
in
in d
a c afitiris.
t:
Junction Railway, there was an awful exemplification of the
truth of Scripture, '•that in tho,mi,t, i risen of: l!faev,e7ne r
re
A . middle-aged gentleman, ,h o
class carriage of the tr:iin which arrives in Li--erpool, from
Birmingham, abOut half,;!:n_,t three in the afternoon, appeared
when at Crewe to be,in good health and spirits ; but; when the
train stopped at the next station, a few miles distant, the
guard fonnd the unfortunate gentlemen a corpse ! The body
is now waiting at the station, for an investigation before the
coroner. We have not yet .boas able to learn the name of
the deceased, or the place of his destination.