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

tually in some degree connected with them. Gentlemen, in
this case I propose to call before you no spy nor informer,
for none such were employed ; but I do propose to call be-
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
speak. 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 bar of England;
everything that zeal, everything that learning, everything
that eloquence can do will be accomplished in his case ; so
that the result of this trial must be satisfactory to the pub-
lic justice of the country. Gentlemen, I own, it seems to
me, my learned friends, upon the proof of these facts, must
have a very difficult task to perform. I think they will
hardly deny the law of high treason as it is laid down
by Lord Coke, by Mr. J.ustice Forster, and Lord Ten-
terden, and that there was here, according to evidence, an
armed insurrection, very forruidable in numbers, with a public
purpose ; and that there was actually a conflict with the
Queen's troops, not accidental, not any sudden affray, but with
premeditation and desigu. Will my learned friend say that
there are some private objects which the prisoner sought to
attain ? Gentlemen, what that was lam wholly at a loss for
conjecture. I hear nothing of private wrongs—l hear nothing
of any private grievance. This was not a meeting for dis-
cussion; it was not a ree,etipg for petitioning the Queen, or
either House of Parftament ; it was not a meeting arising out
of any dispute between masters and servants in the coal or
iron trade ; it was not, gentlemen, any sudden outbreak from
want of employment, or for want of food ; for I believe, when
the inquiry is made, it will turn out that the coal and iron
trade had seldom been more prosperous; wages were high ;
and those who were engaged in this insurrection had no pri-
vate grievance which they wished to redress. Then, gentle-
men, what is the conclusion to be drawn ? That the wit-
nesses whom I shall call before you speak the truth—that
there was this public object—by armed force to change the
and constitution of the country. Gentlemen, unless the of-
fence is clearly and satisfactorily made out, no question it
will be your duty to acquit the prisoner, and you will have
satisfaction in doing so. But, gentlemen, if the case should
be clearly and satisfactorily established, you will act 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 in life ever so humble, it equally im-
ports us all 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, I have given you a short outline of the facts
that are to be laid before you. 1 have omitted circum-
stances that you will find conic out in evidence. I have
avoided particular expressions, which you will hear much
better from witnesses whom I will now proceed to call before
you. Gentlemen, an intimation has been given on the part
ottbe counsel for die prisoner, that the proper forms of law
have not been observed. If, gentlemen, that should turn
out to be the case, by all means let the prisoner have the
benefit of the irregularity. But I believe it will turn out
that the forms of law have been most strictly pursued--
that there has been every attempt to give the prisouer every
advantage—that in every department by which this prosecu-
tion has been conducted, a desire has been shown that those
who are accused should have the most ample opportunity for
preparation, and for vindicating themselves, if they are in-
nocent. Gentlemen, in eases of high treason, which are
cases of groat importance to the accused, the law has more
particularly guarded those against whom 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 examined, and you having
heard what they have to say, and having listened with all re-
spect which is due to the arguments and observations that
may be adduced on the part of the prisoner, your important
duty will arise to give a verdict of guilty or not guilty, and I
do not doubt for one moment that that verdict will be just
towards tie prisoner, and .satisfaetory to the public justice
of the country.
The SoetelTOß-GENERAL then called Samuel Simmonds to
be sworn and examined as a witness, when he was interrupted
by

Sir F. POLLOCK, who stated to the court that they had
had no list of witnesses in which this name appeared, deli-
vered in pursuance to the act of parliament. He therefore
called upon his learned friend to shew that a list had been
delivered in pursuance of the act, containing the name of the
witness now proposed to be examined.
The ATTORNEY-GENEKAL then called upon Mr. George
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 P. POLLOCK then objected to the description of the
witness as insuffictent. But that was a subordinate point.
It was now his duty to submit on behalf of the prisoner, that
one of the most important provisions of those statutes which
constituted what his learned friend had most inaccurately
termed " the charter of the subject" upon questions of trial
for high treason had not been duly complied with in the
present instance. He trusted their lordships would believe
he had no other motive in interposing at the outset than to
prevent a statement from being made which he felt confident
never could be proved, and which, if it should so turn out,
he thought perhaps his learned friend, in the exercise of his
discretion, would, for the sake of the crown, the public,
the prisoner, and other parties interested, have forborne
to make. At the same time he distinctly stated, that it
his learned friend was desirous of making his statement,
he had a perfect right to do so ; and the objection he
(Sir F. Pollock) was now bringing would only arise on
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 dis-
charge of his duty he should have occasion to ask the in-
dulgence of the Court, he hoped he might be permitted to
say in his own behalf that he stood undoubtedly in a
novel situation for him—one, he would not admit, of em-

barrassment, but one of deep and intense interest. The facto
before their lordships, he believed, were shortly these :—The
commission under which they new sat was opened on the 10th
of December. The bill was found on the 11th; and on the
12th of the same month copies of the indictment and lists of
the jury were delivered, not to Mr. Prost, 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. Maule 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 importance to show that what
had been done, never could be taken as an obedience to the
statute. It seemed to be thought sufficient if the list of
witnesses were delivered ten days before the trial, forgetting,
as their Lordships would find, 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 Poeeocie then entered into an elaborate argument on
the point, which he concluded by stating that he hoped their
Lordships would rule that the witness who had been called
could not be examined, and that the jury, under their di-
rection, must return a verdict of ''rot guilty.” 3
Mr. kEIA.Y then addressed the Court in support of the
objection taken by Sir F. Pollock, going minutely through all
the precedents cited by the learned gentleman, and con-
tending that it was manifested both by the terms of the
statute and the practice of the courts, that the delivery of
the lists of witnesses was imperfect and illegal.
After Mr. KELLY had concluded his address,
The ATTORNEY-GENERAL proceeded, to argue that in the
first place Mr. Maule, the solicitor to the Treasury, had
every reason to believe that Mr. Owen was the solicitor for
Mr. Frost and all the prisoners, and that Mr. Owen was ex-
ceedingly,desirous that the copy of the indictment should
be served as soon as possible, and that it should not bede-
layed until the list of the witnesses was complete ; and that
Mr. Maule, to give the prisoners an additional benefit, served
the copy of the indictment on the 12th of December, although
the list of witnesses was not complete till the 17th ; and the
real complaint now was, that the copy of the indictment was
served too soon, for if the service of the copy of the indict-
ment had been deferred until the 17th of December, no ob-
jection could have been made,
The ATTORNEY-GENERAL then read the act of Anne, and
contended that all that was meant by the Legislature, was
that copies of each should be delivered to the prisoner 10
days before the trial ; but his learned friend admitted, that
if the copies of each bad only been served 10 days before,
there could have been no objection ; but they say that, be-
cause the indictment was delivered earlier, that it was bad.
He would contend that the clear meaning of the Legislature
was that each of the documents should be put into the hands
of the prisoner at least 10 days before the trial; surely, there-
fore, if he had them 14 days before, the prisoner could
not say that he was prejuiiieed. But they admit that
if they had been re-served with each, on the 17th, when
they were served with the list of witnesses, it would
have been good service. Now, in the name of God, any
Lords, what object would have been obtained by this fresh
service? If their Lordships granted this objection, what
must be the rule henceforth ? Why, that every thing must
be withheld from the prisoner until the list of witnesses was
prepared. Is this mercy—is this humanity to the prisoners?
He has the indictment delivered to him some days before,
and look at the benefit which he received thereby. Why, he
sends it, no doubt, the next day to his attorney to seek out.
Then he is served with the list of the jurors also on the 12th,
and was thus enabled during five extra days to discover and
seek out their characters; and no doubt his learned friends
availed themselves of it by the mode in which they made
their challenges.
The learned counsel was proceeding in his argument at
half-past six o'clock, when
The Judges having consulted for a few minutes,
Chief Justice TINDAL said, there appears to us to be suffi-
cient doubt to reserve the point for further consideration.
I am not prepared to say the objection made on the
part of the prisoner is valid, bait it is a question
upon which no direct decision has taken place, and
which calls for very serious consideration. It is the
more important that the same objections may apple to
the several other eases in which the indictments have
been found, and the prisoners arraigned. We purpose
to take a course on the present occasion which will prevent
the possibility of an over hasty Decision operating to the pre-
judice or disadvantage of the prisoner, and from causing a
failure of public justice. We shall allow the trial to proceed,
and take the opinion of her Majesty's judges on the validity
of the point, provided such proceedings should become ne-
cessary. Teo-morrow morning we shall proceed with the
evidence.
The court then adjourned to to-morrow, at nine o'clock.

Robert Ellison Harvey, Esq. of Liverpool, has been ap-
pointed a county magistrate by the Chancellor of the Duchy
of Lancaster.

LIVER THEATRE.—Sin*ce our last the drama of " Jack
Sheppard" has been produced at this elegant little theatre,
and judging from the state of the house last evening, we should
say it will add greatly to the funds of the treasury. The
principal incidents narrated in Ainsworth's work are effec-
tively introduced,'.and the general character is well preserved.
The managers are entitled to great praise for the style in
which they have " got up" this popular piece.
Tile Asernirneante.—Mr. Ducrow, who never is par-
simonious in the quality or amount of the amusements he
provides, is now performing a splendid pageant called
' Charlemagne, 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 pleased with all the other departments.
AWFULLY SUDDEN DEATH.—Yesterday, on the Grand
J4nction Railway, there was an awful exemplification of the.
truth of Scripture, "that in the midst of life we are in death."
A middle-aged gentleman, who was a passenger in a first-
class carriage of the train which arrives in Liverpool, from
Birmingliam, about half-past three in the afternoon, appeared
when at Crewe to he in good health and spirits ; but when the
train stopped at the next station, a few miles distant, the
guard found the unfortunate gentlemen a corpse ! The body
is pow waiting at the station, for an investigation before the
warmer. We have not yet . bqleaastbilneattionolrrn the name of
the deceased, or the ply.oe of his de