The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-01-10 00:00:00

SPECIAL COMMISSION.

TRIAL OF THE-CHARTISTS AT MONMOUTH.
SIXTH DAY—MONDAY.
' THE DEFENCE.
At the sitting .of the comt,,,thip ;Awning, Sir Frederick

Pollock wasto—adclress the Suri.fo!• the dgenceof the pri-

soner ; and in the course of sl;eech which lasted five hours
and a half,..pointed:out a 'mini:cr., of trifling inconsistencies
which appeared in,the.evidence for: the tiroseention, and sug-
gested that the Ohjediotthe piisOncr,-and of the parties who
assembled under his,cornmand, on the 3d of November, was

not to, overturn.t4 go,yernincAit4 or work any change in the
institutions pftlie.'eountryibfit merely to resene the prison-
ers who .had been apprehimded during the night, and confined
in the Westgate.lpn, ,argued that the mob, as appeared
frorn the evidence of Sir Theins Philips, and from other eir-
enmst*nres, did not see thermilitary'when they fired into the
room where the mayor and one of the,soldiers were wounded;
land that, as soon as they beeame aware of the presence of a
military force, they gave way immediately: In concluding
his, Speech;, the learned gentleman said :—" Taking, then,
Mr. Prost'S conduct, his .dharacter, and his demeanour on

that day, his .proMpt' surrender when accused of the part he
had taken in the transactions, the issue of which he had,
witnessed but did not expect, I see nothing which can war-
rant the imputation of the treason with which he is charged,
and still less of that strong,., clear, and convincing evidence
which my friend admits must be produced to workout the
proof of it. Gentlemen, under these circumstances, I
again say that I know. 'no public measure that would
tend so much to the honour of the country, to the
peace of the community, and. more to the quieting of
that. alarm which these. lamentable . transactions have
created, than a verdict of " not guilty" from you, if it can be
pronounced by you with truth. There is here no question of
safety—there is no question whether you can with safety
pronounce. that verdict. The single question is, can you
pronounce it With truth ; and •if you can, you will provide
the largest measure of safety to the country that can be be-
stowed upon it. If you can pronounce it with truth—if you
-can assure her majesty's subjects in all parts of the empire
that the thousands and thousands who assembled on that
lamentable occasion did not meditate rebellion—that their
object was to enforce certain claims on behalf of a suffering
brother chaitist•Hthat accidentally. prisoners were made upon
the spot, where only they'had the means of. demonstrating
their strength, and'that in attempting to rescue them; when
blood was shed in resisting this rescue; they fled in dismay
from the field which they had never intended to enter.
Several witnesses were then called on behalf of the prisoner,
who swore that. when the chartists entered the town, on the
morning of. the 4th November, thev.said they were going to
fi rescue the prikonerS Conned at the Westgate Inn'; and three
of the witnesses swore that; on going up to the dqor of the
inn, the chartists demanded that . the prisoners should be
given up, and that the, firing began in consequence of, an at-
tempt made by one 'of the constables to seize a pike in the
bands of one of the mob. Of these transactions, however,.
• the witnesses gave very.contradietory.acconnts. Other evi-
dence. was called to proye..that there is no mail coach passing
• through Newport, the. Stoppage of which could 'have conveyed
intelligence to Birmingham and the north; of the rising which
had taken. place ; and that the•factmust have been perfectly
well known to:'Mr..Frost.
. .
The court rose at six o'clock. It' was understood that,
after the examination of one or two Witnesses, on Tuesday,
Mr. Kelly would sum up the case for the prisoner.
TUESDAY.

The report 'of the pr;;;(liiTgS in this case on Tuesday
occupies nearly nine closely-printed whin-ins of the Times.
Sir FREDERICK POLLOCK having, in his address on Mon-
day, stated that the prisoner had made provision for the
payment of a bill which fell due on the day succeeding that
of the attack, witnesses were. called in proof of this assertion.
William Morgan, a book-keeper, of the firm of .Parsons
and Hurles, stated that they had dealings with Mr. Frost for
many years. They supplied him with goods. Prior to
November last, there might have been a running account of
about £2OO. When their travellers went round, they gene-
rally valued upon the customers, who accepted the bills,
which were remitted to their employers. He knew of a bill
of £57. It came to them between the Ist and 12th of August
last. It would have been due on the 4th of November.
The bill was dated the Ist of August, 1839, drawn by Rees
Woods, (who is one of the travellers for.,tht house in ques-
tion,) upon John Frost, Newport, and accepted by him,
payable at the West of England Bank, Bristol. That bill
was duly paid at maturity ; they received billS of that kind
from Mr. Frost about four times a-year. The preceding one
to this would therefore have been due about August last.
In cross-examination, the Solicitor-General asked if the
witness did not know that Frost's business was principally
conducted by' his family. The witness could not tell, he had
never seen Frost. After a few other witnesses had been
ealled, rrom whom but little that was material to the defence
was elicited.

Lord George Somerset was called and examined. The
evidence 'of his lordship.was to the effect that in the spring of
1831, he was a candidate for the'borough of Newport, and his
brother, the Duke of'Beanfort, was afterwards a candidate.
During some electioneering-tumults, on two occasions, when
he and his brother were in danger of being assaulted by the
mob, Mr. Frost used his utmost .endeavours to stay the vio-
lence of the peonle,'and was the cause of reselling them from
their peril.
In consequence of some of the matter which had arisen'in
the course of the defence having been new matter, which
could not be foreseen, the crown was allowed to call other
witnesses The testimony did not materially strengthen the
case. When it was concluded,
Mr. Kelly then addressed the jury in a powerful speech,
which occupied five hours and a half in the delivery. The
learned Counsel concluded with a very eloquent peroration,
calling upon the jai'y to look at the whole features of the
ease ; the life, behaviour; and character of the prisoner, and
say whether he was capable of entering upon so vast a scheme
of rebellion, and involving-his wife and family in the general
bloodshed without' Warning. He would beg them to reflect
that if they should hereafter discover that, from some error.
;lagto the evidence, they:had:consigned this wretched man'to
death, what 4.1/4.'6uld 'be their feelings should they
inc the'l(W, 'w,hoM they had Made a widow—the children
whom theY ;had Mad orphans. 11c had exhausted himself
entirely, and would only pray God to direct them to a just
conclusion. ;.'w trlslll

The Chief Justice then. said—Prisoner at the bar, have you
rn74i.,thinOriuiltl_eisrici-'7.tte'Court in. addition to that which
you‘
9arnPareokiiiietfiargid.foi-'you ?
, e rtsWircridfiel W6N'Tiltting,,#tise, atitVstridirr a lirtiv. tone
MCI
—,, Lords, lam so welyatistied with what my counsel,
I 6 oter4iiiii eflatoclPAV Withinv; tettitt, ',..V.r, a .-,7,-W-,!/7 ,'
1 ‘, tn*-VeafhFfitrakfflitlibil RAM U iihartlBmithend2drdtt,
shiri ivould O
adrll? ., (-!-:c. i -•, ,7 r; lo R/Pi”M %.d a-oli
- ' Thd ClWltiAti ?At 'the (7 ou rt- wort/d!;s4tior .Vtifilbliatm
, , }
yet, in oFder that the cave ini:;ht .nnisif on the fotiovrigg,l
hh:ht. ' • ' ' '
The SOLICITOR-GENERAL then commenced his address;
Which occupied the time 'of the court up to six o'clock; When
it was agreed that the court should-be adjourned till the'fol-
lowing day.

• NVEDNESDA.Y.:
The court met again at 2-O'clock this. morning, when.the :
SolieitoiLGeneral resumed his address. His speech occupies
nine columns in the Times of yesterday,' We find it imprac-
ticable to give even a condensed repOrt of this address. - •
Chief Justice TINDAL then proceeded to deliver his charge.
After explaining,the law.bY which the-case should be deter-
Mined, he proceeded to reoaPitUlate. the evidence, which he
did in his usually clear and sticcinct manner.- The learned :
judge flieif.Prii6eede'd direct the attention of the jury to the
deelaratiCrig'`inade as evidenced by the • several
witnesses, and stated that it was for them to consider whe-
ther or not it was; tlreihtzeiitiosi and'object of the prisoner to
attack' the -tralifaiY,'lhe Queen's forces, or to seize and keep
possession of the. Queen's town of Newport; or to, blow up
the bridge; dna -toP the mail to Birmingham ; orby delaying
of the arrival of the letters there, or other means give effect
to any concerted plan to spread general insurrection through-
out the kingdom; or Whether they believed that his object
and intent was the. more moderate one alleged by his counsel,
of malting such a demenstratiOn' of the moral force as it was
called; by' showing how large an amount of physical
force he' could assertible as might -.induce the magistrates
to mitigate ,the, severity of Vincent's punishment. or to
liberate fiiik altogether: You need not (said the learned,
judge) so much trouble yourselves as to see that the
prisoner has clearly made that out—because. that is
not imposed upon - him, but it is for you to look at the cir-
cumstances withrall possible candour and fairness, and see if
anything like such an intention appears to be probable on the
face of Pleul. For vou'are not to call on him to prove his in-
nocence, it lies on the crown to prove exclusively that the
crime charged against' hint amounts to high treason. It is
your province to determine whether the crown has done this.
You will look to the evidence before you,•and unless you find
that, by clear, conclusive, 'unambiguous, and certain testi-
mony, the crime is proved to amount to high treason, with all
the penal consequences attached to it,it will be your duty to
acquit the prisoner:; but if that crime is so clearly and satis-
factorily proved, you will find bins guilty. If such, unfor-
tunately should bethe case, and you should be fully satisfied
that the evidence well establishes the guilt of the prisoner,
t hen, however painful the matter• may be to your duty to de-
clare him guilty by . your verdict. The case is entirely for
your consideration. It is a question in which the court can-
not interfere, and which it leaves to you, quite certain that
you will come to that conclusion which the truth and justice
of the case requires.
The jury were then asked if they wished to retire to consi-
der of their verdict. •

The Foreman answered " yes," and the bailiff was ordered
to swear them in.

After the bailiffs had been sworn to guard the jury, •
The ATTORNEY-GENERAL said—lt is usual, my lord, in
such cases, that the jurors should be asked if they wished for
refreshment before they left the bar. .
Chief Justice.TlNnAL then asked• the jury if they desired
any refreshment. ,
The Foreman.—Yes, my lord ; we have had nothing since
morning. [He then turned round to his fellow jurors for a
few moments, and adOecl]—Some of the jury, my lord, think
it will not be necessary.

The jury retired at a quarter to six o'clock. The greatest
anxiety prevailed in the court, which was crowded in all parts.
The jury returned at half-past six o'clock, and brought in
verdict of GUILTY; with a recommendation to the merciful
consideration of the court.
Chief J ustice TIN DAL.,-7Gentlemen, your recommendation
shall be reported to the proper quarter.
The verdict was received with deep concern by a • very
crowded court ; but Mr. Frost maintained his self-possession
and firmness.

The farmers in the neighbourhood of Lanchester are busy
securing, their. harvest. The day after Christmas-day three
farmers entered, Lanchester for the purpose of engaging
shearers, and on that day the novel sight of fourteen shearers
in one field was witnessed.

CAN IT BE TRUE ?—The borough of Marylebone, so noto-
rious as " a ' refuge for the destitute politicians—to wit,
Messrs. Buiwer, Hall, Ewart, and Thompson—is about, so
it is rumoured, to become still more notorious. Rat Gibson
is,, it is said, to be brought forward by the Potters, the Ken-
Setts, and the Longhorns. If this be the fact, surely Mary;
lebone will no longer be called the " refuge for the destitute.'
If they receive the rat, the borough will become the very
common sewer of politicians.—Morning Herald.

. -
DISASTERS . AT SEA.—The stormy weather experienced
during the lastlortnight has been attended with considerable
danger, and some injuries tothe shipping along the east coast.
The two following disasters have occurred in our own imme-
diate neighbourhood, but it is gratifying to state that both of
them have been unaccompanied by loss of life :—On the even-
ing Of Wednesday week, the sloop Apollo, of Leith, Mac-
kintosh, piaster, from Newcastle. to Leith, with coals, ship-
ped her anchor and cables in the Skate Roads, and the crew,
finding the-vessel to be leaky, were obliged to run ashore be-
low Bamborough Castle. The night was very dark, and it was
blowing. a tremendonS gale. Immediately on the event be-
col)3l4,:linOwni the Castle life-boat was launched, and the
eWNi-tif the -vessel '1V713 promptly rescued. The following
in-11144161S manned the boat with considerble dexterity :----
Mrt Evans, custom-house officer, Bamborough; Mr. Willis,
nderla nd ; Mr. .Patters on , fisherman,
Monk's-house ; two fiShermen of 'the, name -of Rutherford,
and a stranger, name unknown. - Several attempts were
made to get theVeSsel,lint without success, owing to her
having filled with water. 'The cargo would be saved. The
other case'referted to is that of the Albion sloop, of Peter-
head, Mathewson, Master, bound to Newcastle, with pit
props, which struck. on Goswick. sand ridge on Friday last,
Abut sia o'clock. The crew remained on the vessel till the
tide left het, when they were 'landed in safety. Part of the
car *q
,q was discharged in order- to lighten her, and it is thought
gottho off,
tiria, if weather continues moderate, she may be
liadnikoiftht into'Berwick -harbour. The Britannia, of Dun-
dee, got ashore this week at Beadnell, but we have not been
able to aseertaintheyarticulars or amount of damaged sus-
tained by the Vessel.—BerwieklT'arder.