The Statesman.
London, England, 1820-05-16 00:00:00

THE STATTVITAN.

LAW INTELLIGENCE.

coutT OF KINOII BUNCH, NON!`.I V. MAT 15.

THE KING r. HEMET UCNT ♦ND OTIlElt$.

(Owladed from our Paper of pestertlap.)
The aflitlai its on the part of the defendants having
been read, :tad the ATTO2SI:T-1 L having ',relined
:noting in any on the part of the Crown, the Cnice
• a ries: 4b niaii.lett of Mr. HuNr, whether he wraut to
Lathes, any thing to the Court.
3lr. HI:NT 110 W hitr tat speak in initigrion of punish-
-len% Ile h •g iii first conjuring their Lordships to
*nsoeirs from their minds every consideration which did
not arise from the cheat of the evidence rothiced at the
tr:al ; and that they would separate the evi.!..nee apply-
ing to the co-Int upon which he with tl:e other ih•fendiuits
•yere found guilty, from the • ruse wags of testimony,
'thief', he Ets rit ended, ly proved matter irreleratit to that
i sue. lie matte this request with great humility, but
In wished to make it with more earnestness, on account
of what had fallen from one of their Lordships, Mr.
Jostire Rest, on more occasions than oae, whilst this
matter war before the rotirt.—(lie then referred to some
of the Learned Judge's observations, which v. err made
worn time to time in the conrse of the eiorr.)--Perhaps
it was hard, when so great a burly of evidenee presented
itself, for the mind to abstract its attent.
parts that mere not substantially Hiat:•rial ; bu it their
Lordships did not now use some &seri i nail on, lie ti 1.1
he a great sufferer. lie then prueeedrd to read the count
of the indictment upon which they were found guilty.
'1 be charge was simply that of assembling, with others,
with unlawful harmers, at an unlawful meeting. Now
ail the evidence which did not apply itself to this issue,
.!„.nlil, in justice to him, be struck entirely out of their
ordships notes. How far, be would ask, 'lid the eel-
'loner reverting the seditious speeches, or the sticks
brought to the meeting, bear upon this issue. Indeed,
vety many of the seditious speeches seoken to by the
wit . were used by smile of the a equittetl defendants.
Rut it was not the utile hardship hr hail to complain of,
that the evidence, which was quite immaterial to the
coaat on which lie was convicted, v.as received, but Lis
prosecutors made assumptions whith were not at all war-
raider' by evidence. It was assumed that he menat to
propose resolutions at Manchester similar to those passal
at Smithfield. Now, of this not a tittle was in evidence.
There was no evidence whatever to support the allege-
two, that he meant to propose similar resolutiosis to
those of Smithfield at Manchester. Further,,therc was
evidence whatever as to the character of these reso-
lotions. All was assumption on the other side, and et,
in the abaetice of evidence as to their tetideney, the Lord
thief Justice made them one ground for rejecting the
application for a new trial.
file CHIEF JURTICI observe'', that the resolutions
themselves furnished evidence of their import.
Mr. HUNT continued. The report of the Learned
Judge should lie received, as if it contained no evidence
but what applied itself to the coati' upon which the
defendants were found guilty, lie would therefore
humbly request, and important as this rase was, he did
not feel that it was wantonly trespassiog on the time of
the Court, to ask that those material parts of the evi-
dence, and those only, should he read over again. If
their Lordships complied with his request, they wonld
Lind his point confined to a narrow compass. Their
Lordships would then reject all the evidence as to the
nunelrers of the people, the sticks which they bore when
coming to the meeting, the triining at White Moss
(which was totally irrelevant), the inscriptions on the
liar and banners, anal several other circumstances, of
which the evidence was full, but which were quite un-
important. All these, as not relating to, or bearing
upenthe count on which they were found guilty, should
Le entirely struck oat.
Mr. Justice HarLav said, that evidence as to the in.
srriptions on the flags and banners, together_with the
numbers who attended the meeting, and the manner in
which they came, whether armed or not, was material,
as it tended to show the character of the meeting, and
the temper in which the people came there.
Mr. HelIT said, that it was by no means a new trick
with the Attornerlieneral and his agents to introduce
a number of counts into indictments, which, though the
did not expect would be sustained by evidence, yet which
they calculated would raise a prejudice against the de-
defendant when brought up fur judgment. Hail every
allegation in the indictment been proved, the Counsel
for the Crown could not put their case in a stronger
light than they now affected to do in the absence of all
pioof, except what related to the count on which the
Jury found their verdict. He again made a request of
their Lordships to confine their attention entirely to
these parte of the evidence, and he hoped it would not
be an doreasonahle request, if he was again to press the
reading. of them.
iler.'"We• ISAYLIT assured Mr. Hunt that the Court,
in leitokiwg at the measure of guilt as towards each of
the defimidants, would he influenced, not by the allega-
tions in the Indictment, but by the proofs by which these
allegations were sustained. As to the request of reading
over again certain parts of the evidence, as its object
mold only be to call their attention to these particular
places in the evidence, the Court would exercise its own
discretion, and at present they did not think it was ne-
cessary to read those parts of the evidence again.
Mr. HUNT was convinced their Lordships would mete
out justice to him impartially, and lie therefore left this
part of his case with confidence in their hands. (He
then went into a regrew Of the principal points of his
case, .iit the same steps which tie had trodden before,
and commented, with great force upon the want of
proof which the case for the Crows evinced.) He woo-
&red the Attorney-General had not produced some nth-
daiits in aggravation, in order to justify the measure of
bringing him (Mr. H.) upon the door of this Court to
receive punishment. That the Counsel for the Crown
should posh matters to this length, after the important
te.cts.disclosed at the trial at York, after the finding of
the Jury (which, comparing what they did find upon, to
the weighty charges which, by their.verdict they nega-
tived, was finding nothing)—after the impressions wade
abroad by the effect of all these circumstances; after the
conclusion which not only everyone else but the Learned
Judge himself came to, ft was at least incumbent on the
Atioeney-lieneral to justify this step by sonic new and
aggravating additions.
Mr. Justice HATLUT desired that Mr. Hunt would, out
of delicacy to him, refrain from making any allusion to
his conduct at the trial. Perhaps it was not altogether
decent to be praising any one in their presence. On thee
occasion to which Mr. Hunt alluded, he had endeavoured
to do justice between both parties, and he hoped he had
done his duty by the defendants as well as the public.
His lordship further declared, that if be was on the
July, he would have found precisely such a verdict as
they returned, at least as against Mr. Hunt.
Mr. HUNT disclaimed any intention of impugning that
verdict, now that it was recorded. He then entered at
length into a justification of his conduct. The meeting
to which he was invited was for a purpose which he was
yet to learn was nocoostitutional—to attain an object for
which millions had been petitioning, and which had
been over and over again mooted in the highest legiela- I
tire assembly of the nation—he meant Parliamentary
Reform—and lie hail no hesitation in complying with ,
the invitation. He thought it his duty to attend; he I
did stetted, and had the satisfaction to witness a meeting
petrel/ poscoshia and innocuous. 'IN.,* were ban- l

aers, there were flags there, bet did these stamp a cha-
racter of illegality on the meeting? Searching the
earliest records of our history, instances of flags and
banners a: pah;ie processions presented themselves in
abundance. What were the arms and armorial bearings
of Peers (weird at their processions, but a species of
flags? Never up to the time that these prosecutions
were commenced, was it meant to say that the inscrip-
lions on flags or banners gave a character of 'Regality
to a meeting. lie would show that Government them-
selves did not think meetings similar to that of
dlan-
cheater illegal, and that they would never commence a
prowl:km, if i! had not been to screen the Magistrates.
In theirech .sale by Lord Sidistoutls, when moving
for a Committee upon the Seditious Meetings Bill, in
the House of Lords, that Minister declared as much as
that such meetings were not illegal under the then existing
laws. If, then, such high authorities either pronounced
them legal, or at least doubted of their illegality, what
crime was it for ignorant individuals nut to he aware of
the precise hearing of tlic law upon the subject? What
steps did the Magistrates take to ascertain the illegality
of the meeting. Prima facie it was legal, for it was
called fur a constitutional purpose; hut did they wait to
see what would be its result? Did they wait to hear sedi-
tious speeches, or hear seditious resolutions propounded?
No such thing; but conscious of the countenance given by
the law to the meeting, anti having had a previous corre-
spondence with Lord Sideuouth, they were aware that a
nesvParliament should be called to make new laws, but they
made a desperate step, and dispersed the Reformers at all
events. These were I he means which the Magistrates made
use of to stifle the It rfortners, aud they trusted to the Mini-
sters to screen theta from the ronsequenees. Much had
been said of the effects which followed from the propa-
gation of the doctrines of Reform amongst the people.
He thought, ss t the contras, these doctrines had pro-
stored the best effect. Before the people were taught to
look to a Reforin in Parliament as a redress of their
grievances, they looked to force to help themselves.
There were nut now instances of houses having been
broken open, or shops robbed. This was the effect of
teschiug the people to seek, by means of Parliamentary
Reform, for a redress of their grievances in a Constitu-
tional way. Itnt it was said the avowed purpose of the
meeting nag different from its real one; it was said that
the requisitionists were men of no name, that they were
oleo of straw. He only wished their Lordships to look
fur a moment at tie condition of these people. They
were poor, and yet they swore they lived in the same
house for years. poor man living in the same plaits,
so lung was strongly in his favour, for if he committed
the least trarige re,ion of the law, he would be sure to
be tug one.; our. itch men as Mr. Balton, of Ilultun,
trii!rht Si!s wish impunity ; they might steep themselves
to the to the chin in erinse, and yet go on in the
sasisecs s,r4r. I: ii.ss not so with the I man.
Cams, Js Sll. c.—Sir, there is no man above the ope-
ration 4.t the law.

Mr. I Ii•NT be only meant to contend, that be
Itlight live is. tier .Isi• house muss sthstanding his offences.
Ile then submitted to the Court the reasons why he hum-
bly presumed they should not visit him with any
punishment. They were now, at least by the new laws,
perfectly secured against such meetings ; there was there-
fore no necessity fur making ass example. Yet he fear-
ed their Lordships were not eutirrly clear of the preju-
dices which Icing existed against him. Ile bad been per-
secuted on all hands, but for what ? The greatest charge
against him was, that he was a Reformer, and looked,
perhaps, with too much feeling upon the distresses of
his fellow-creatures. If these were grimes in the eyes
of his prosecutors, he would neitor condescend to
disarm them, by disavowing such sentiments. lie made
open profession of these sentiments, and he would never
retract them to the last moment of Isis life. He had al-
ready suffered greatly, yet he was now brought up to re-
ceive the 'einem.e of this Court. He 'skid, was it no
penisisment to be dragged, as he woe, to*New Bailey,
to be handcuffed, and struck from behind by a Major-
and to have escaped wiih his life most narrowly?
Was it no punishment to be shut up in a prison, first
charged! with high treason, then with murder, and
finally, when all other grounds failed, and that it was
thought necessary to make souse charge, to make a
charge of conspiracy against him. Mr. Hunt entered
more into a detail of the hardships he suffered when ar-
rested, and coutended, he had already suffered punish-
ment enough. Who, in fact, ought to receive the
punishment of law? Was it the murderer*, or those
who had been injured ? But, it was said, why did he
not prosecute these men, if they were guilty f He an-
swered,' it was, because be bad not the means; be-
cause he had not the money. His means were limited,
and it would cost him more than three years income to
institute a criminal proceeding against them. When
through the medium of this Court be tried before to
bring them to justice, what was the fate of the attempt?
Ile applied first for a criminal information; bat the
Court told him that could only be granted to a Barris-
ter. He next waited on the Attorney-Omani as the
public prosecutor, hnt he would not make himself a
party to any proceeding against them. What then was
he to do? He next objected to the mode in which the
Joey had born struck. Of the twelve men us the Jury,
nine were Magistrates; so that, in fact, he was sot tried
by his Peers. He did not, however, make this a ground
now, as it would more properly be urged upon a writ of
error. It was not with a view of imputing any thing to
the Learned Judge or the Jury on that ucceston, that
he mentioned it—on the contrary, he believed the trial
at York was the finest specimen a English jurisprudence
and English justice, that was to be met with.
Mr. Justice BATLIT again desired Mr. Hunt to re-
frain from ann. ions to his conduct at the trial at York.
Mr. fluter said, he bad too high a regard to the cha-
racter of the Learned Judge to pay him any_ fulsome
compliments; he would only say, that be bdiowed his
Lordship discharged his duty towards the `defendant
and the Crown with great Impartiality. He again ea-
treated their Lordships to.dismiss everyeoueliNaties
from their minds which did not arise from the evidence.
Excessive punishments could work no good; on the
eontrary, the examples of excessive punishments is the
reign of Charles I. eventually Iv 4 to the decapitation of
that Prince and the expulsion of his family from the
throne of these realms. He hoped he should not live to
see like measures resorted to. In the beginning of a
new reign it would look ominous. He had to lament,
that all through a spirit of hostility was shown toward
him by his prosecutors ; why, amongst other things,
was Kr. Searlett selected to lead the cause against bun
at York ? Was it that the Attorney-Getters! knew that
he was personally his (Mr. Hunt's) enemy on account of
some 'altercation which he had had before with that
Learned Oentlentan. If it was, the Learned Counsel did
sot deceive his eurployer. He took every pains to pee-
Jodiee him in the eyes of the Jury. that his in
could suggest. Because he got out of one of his wf=
that Carlile was with him (Mr. H.) at the meeting, be
boasted that he tvould be able to expose the hypocrisy of
his defence, as he (Mr. H.) had previously diiclalated all
connection with Carlile. Became, In a moment of tem-
porary exhaustion at the trial at York, he (Mr. IL)
dropped a tear, Mr. Scarlett afterwards taunted him
with hypocrisy ? Was this booming in a Counsel ?
Was a matt, the agent of another. a mere autotantos,
who worked his feelings to excitement in proportion as
his fee was large or small—was be to taunt a defendant
un his trial for what was alleged to he a highs crime ?
The Cater .11:11ITICII reproved this observation as too
personal.

Mr. litwr, then, titter some more remarks, said that he
was aware of the advantage it was to him. that the Counsel
for the Crown should follow him. Ile insisted the accused
should be the last heard. But he wished ti ese flentlemen to
understand, that if he found them travelliug at all out of the
evidence which applied specially to that count on which he
was found guilty, he should take the liberty of interrupting
and setting them right. In conclusion, he again entreated
the 'Court to look only upon that part of the evidence which
affected the count upon which he was found guilty.
Johnson, Healy, and Bamford. severally read addresses to
the Court, which were principally appeals to its mercy.—
They spoke in feeling terms of the hardships they bad under-
gone after they were arrested. Rumford, who was reported
to have recommended to the meeting at blenchester rather
to receive an insult than to give one, declared that, from the
consequences which he saw attending a passiveness on that
occasion, he n ould never advise such conduct again. All
three declared themselves staunch Reformers. They were
convinced of its legality and its necessity. With an ingenuity
of argument they defended its doctrines. and urging the pu-
rity of their intentions upon the Court, they submitted, that
punishment, where there was no consciousness of crime,
would be but unjust and tyrannical persecution.
Ceuce JUSTICE.—" Have the defendants any thing more
to ofFer I.'

Mr. Ils-s-r.—" No, r3} Lori."
Cum" Joarsca.-- Mr. Attorney-Ceneral, ail! you say
any fling?"

The ATTOR9IN•CirNtR4L then rose to speak in aggraet-
lion. lie Mt uncertain whether he was C'ou'nsel for the ac-
cused or the accuser. NO one that had heard the language
used by the defendants on the floor. and was unknowing of
the previous eirettinsisteices of their conviction, would believe
that they were come ep here to receive pu,:ishment for a
great offence, he would think that they were come to claim
the reward of some nseritotioos action. Rut AIM would be
the astoniAment of such a person, if he aas to him that
these men were convicted It), a Jury of their countrymen, in
a county made choice of by themselves, of a crime very'
nearly approaching it) Wrrit treason. and }et to hear thent
using such languaye 1 lie asked, did their Lordships. from
the evidence berme them, topsider the crime of so light a
nature as the defendants would have them believe? Inc !
thought it n very high critot. ittaroll. He 'widen led that 1.0 I
part of the es itleove situt.tt: te tritiled, as it was srpliettble
to the count on which the Jury ("nod the delendants guilt'.,
lett,ti:ig to !{111.%4 Ilte tet,,per of the meeting. lie thought
the atiPs%ii.,. put in. insterd of extenuating the guilt of the
defendants. did but agzravtto it. Toey were filled with irre-
levant matter, nod their ,Itject clearly wns, that which the
defendants so often It ied to do before, to raise a prejudice
against II class of per.ott.t, twit take it off themselves. These
allidavits spoke to the tact or hundreds of persons having
been wounded, but why did not nay one of these persons
make affidavit, or why were they nut pr...lueed at the trial. i
Mr. Justice 114%Licv reminded the Lverned Counsel, that
be had shut the dour agalu.t lei. boon-) at no earl) stage of
the trill.

Tike ATToltNev-I4Nrnal. then procceded with the ease.
commencing with Mr. ilunt's conduct at Smithfield. and
thence tracing hint to Pa* meeting at Nisneliester. at the
same time contending that it nos fair to iider, in the ab:senee
of proof to the etoitear:k. that he meant to conduct himself
at the taller as he had cone at the former place, and that
therefore the Resollitious nt the meeting in Ismilhfiehl were
properly received in evidence. lie asserted the offence of
which Mr. Hunt anti the others acre convicted. fell little
short of high treason. it ith regent to the hardships which
they complained of enduring. he asked were they not of
their own making. After some more reatarts, he concluded
by invoking the severe seatence of the Court, as a protection
to the public against the consequences of meetings like these,
which were calculated to produce terror and alarm in so grant
a degree.

The howtcrrow-Clinenat. declined es) lag any Meg. en
Mr. dearlett, Vie was to follow him, was present 111 the trial.
Mr. Scantarglegan by diselaiming all personal feeling
ot towards Mr. Ha*. , r said, his having been employed to
lead the prosecati 'orb was entirely the effect of acci-
dent. as he was kn to go that Circuit. Ile then ad-
dressed himself to the Court. in aggravation of the defend-
ant's guilt, using nearly the same line of argument which he
adopted at the trial.
Mr. Serjrant Comas followed on the same side, which
cloyed the case fur the Crown.

A considerable pause thee emoted, whilst their Lordships
were in deliberation on the quantity of punishment which
they ought to sword. Half au hour bad e.apsed before Mr.
Justice BAT LEI- pronounced judgment ; when, after reciting
the indictment, and the particular charge upon which the de-
fendants bad been found guilty, his Lordship went at some
length Into the circumstances of the case. These circum-
stances having been taken into the serious eonbideration of
the Court. and they feeling themselves called upon, as far
as in them lay, to protect the public peace, and prevent the
lower orders from being brought together in large numben,
and having seditious, and, to them. foreign speeches
de-
livered, did order and adjudge, that for this offence the de-
fendard, Henry Bent, should be committed to his hlajesh 's '
gaol at Ilehester for the county of Somerset. for the spare
of two years and six months, and, at the end of that time, to
Ind sureties to keep the peace for live years, blieself in
1,0001. and two safeties in MC each ; and the other three
defendants, Johnson, Healy, and Bamford, to be weaned
in the gaol at Lincoln, each for the space of one year, and
at the end of that time, to lad sureties, themselves In pOW.
and two sureties in lOW. each, to keep the peace for the
years; to be further congaed until these sureties were per-
fected, and in the mean lime to be committed to the custody
of the Marshal of the Minimise'.

As soon as the sentence was pronounced. Mr. Haat, ad
dressing the Court. asked it It was to be solitary con-
finement?

Mr. Justice BAYLST replied, that the Court had made to
order in that respect. Ile. however, assured Heat, that
settling should be done to aggravate the pnaLshasent, by
adding to the inconveniences of his imprisonment.
Mr. Hunt bowed. and left the Court in custody of theoM-
eers. As he passed through Westminster-hall, he was
greeted with most enthusiastic shouts frost a number of his
friands assembled there.
The other defendants, before they left the Cone, severally
expressed a hope that the parity of their intentions woad
support them in the sol:tariness of their eonthrement. Dec-
tor Healy seemed the most elated of any. They were ail
takes out is custody.
SSISTENCR UPON SIR C. WOLIELEY AND RARIUSON.
81r Charles Wolseley and Parson Harems were welt
brought up for judgment, upon a convener width
Readers will recollect took place before the Mel Jades of
Cheater at the last Assizes.

Mr. Justice BATILIT. who protmenesd asutesee, eom-
mewed strongly upon the offence of whit* So defaulting
were found guilty. 111. Lordship declared the_jilit of
the Court to be, that Sir Charles Wolfe* slassid be sou-
Seed is the gaol of Abiagdon sad
then to find sureties for five years,limattr, Z.% two
sureties in 300/. each; and Morrison to the castle of Chester
for • space of eighteen months, computing from the and a
his present continemest, sad thee to find sureties to keep
the paste for Ste years, himself is 9001. and two sureties in
lOa. eech. and, In the mean time. to be commetted to the
custody of the Marshal of the Marchese' is "secedes of this
ametemee.
Sir Charles Woleslay asked, whether he was to be removed
to-day.
Mr. Justice BATLEY said, on order had bees mad* wpm
tbe subject, and it would depend entirely epos the arrange-
meats which he would make with the Marshal.
The lion. Baronet was then taken In euetodv oat of Court.
The bearing of these causes occupied the tenet from its
I sitting in the morning until past seven in the trembeg. Re-
veal Members of Parlienteet were preseht a great part of
the time; etnorm.t oilmen. Mr. Tierney. Ike. Their Lord-
ships did not rive until a very late hour on account of this
befog the last dec of Term.