The Statesman.
London, England, 1820-08-17 00:00:00

NIGH THE:

TEAL OF JOll
[Ritter the conclusion of the litai
Report of the proatedings has been
eat but as the public interest on Ilse
ed h the delay. see content ourselves
dress of :lir. Jefree to the Jnry
the first prisoner who wink tried.

Mr. Jaren ET said, that the
Jury, wereltulleil urn to deeii
privoler was preyed to be gni
hot is he gollty of flit spePir ,
high- weaver - A mein onsunpisocy
war is raised for titissipisrixne
constitution, deposing the King.
life, is net treason, and has nel,

Tfie gne•tion then *imply comes
sorter been guil►y of waging WAY
purposes? The learned counsel

:wiled, that an action which ,how

of rouipassitig the Kinfr's dean. iy .(ty
'trued into an orert-art ; but this is alt.igether erro-
aeons the act must n.rt only be a mere evidence of
the existence of this criminal intention. but it must be
a more ur attetnpt towards the accomplishment or elle-
ention of that intention. All urert arts must be
means towards the completion of the end or pnrposo of
the existence of which they are the proof. There caw
be no proof or intention so clear as that furnished by
words deliberately uttered bnt •tot only must words
he indicative of a treasonable intention, but they most
be intimately cOnnected with the deeds which zre either
dune or to be done. He was not in 'hi, declaration
resting upon his own authority, fur Jridge Porheeteye4

expressly. that words cannot he held as evidence -a
guilt, unless they are the means to effect the crimitud
intention. There must he a positive proof that there
was a purpose to overturn the flosernment. There is
a didinerion in this respect betn ern the crime of trea-
son and all other crimes. In the comntission of others
felonies the prisoner is proved to be Guilty if there is
eridettre of the set, unless he cats ad,ince a proof of a.
contrary intention. But in treason the whole ones
prisa.►di Lies sport the Crown. They must nit only
prove against the prisoner. the fact op which the
charge is grotanded, but they mast also prove the
treasonable intend's t sod if they' cannot do that,
though the act he made out, ye: the prisoner must be ac-
quitted without any eicelpa•orr proof on his part. Here
a certain act has been committed. but the question is.
net, was that act legally er illeoally dose? tut,'lyas
it done treasonably? This i• wise yursooo
-aserf['llrls+.pleflAs• •••

made out, It meters mitt what tither crime is--whether
pillage, plunder, or resistance to the King's troops:
the prisoner must be acquitted: for to, say that, be-
cause the act involves criminality, you *ill attach to
it the specific name of treason, is contrary to reason
and common sense. He would nut deny lint that the
prisoner attacked the King't forces in an illegal man-
ner; and he thon.fht it rather ridiculous that about
It) witnesses should be brought, one after another, to
prove the very same identical facts—facts whirls he
never meant to timiy, and which it was well known he
did not mean to deny. It seemed as if the only de-
sign was, to horrify the hearers with the bloody net-
retire of men pushing, driving, and rhruatine at each
other with deadly itrapons--sotnetimec carrying pikes.
Sometimes guns. abed at other tint , pistols—outliner
else in fact hot a continued chorus repeated over and
over again—an exhibition of English law, stretched
out to the greatest possible length ; whereas, if he is
asked if this formidable and ties,erate attack is treason,
he will answer no. The mere ve,liiiig and thrusting
at the King's forces i.• not treason : she'll a neigh-
bourhood rite, eurautl, and drive out the military
from among them, this is nut treason' ; it a band of
smugglers are attacked by th. King's forces, and
make resistance, it is net treason ; indeed, nothing
is mare CODIMOII than occnrrences of this latter
description. In the same manner, if a person com-
mitted of felony, and the military are sent to
take him into custody, although they should be as-'
'milted in the execution of their duty, such an attack'
will not constitute treason. Suppose that a case of the
latter description had just now happened, and themi-
Mary were to come into Court and give a frightfnl de-
scription, similar to what has been given to-day, of
their faring pushed, aimed, anti thrusted at, which wits
a grievous crime, as they mete the King's forces, and
the others who opposed them were not; might nut the
Jury, after they had heard time whole story, in justice
ask, where is your pcoof of there being high treason in
all,this ? The burden of this proof is not to be shifted
over to us, but rests with the public prosecutor. And
when inquiry is mmie, where are the grounds on j
which this proof is rested, it is found to rest on nothing lit
else but a handbill, with which they have connected
this unfortunate man at the bar; which connexion is
founded upon thin prineipl•—that he must stand re-
sponsible nor the conduct of another. Ile must admit
the handbill in yiestion was a
and if an individual had been proved to have composed
and circulated it, and to have gone and fought after-
wards, his case would no doubt be a very perilous one;
hut there is not a tittle of evidence to connect Hardie
with tile prisoner at the bar previous to the discovery
of his interference with these handbills. He reqtild
sulk, if, because this handbill had been given up by
an' individual with whom this person came after-
*anis to be connected, be must 05 that account
' _aunty of knowing the contents of this hand-
Isllt..anil'of approving of them. Is it a construe:
ve guilt which is to he tried, or is it actual guilt ?-
le I' ll c le a perversion of law and evidence to he feistel on
a Jury as proof? 'I bey possessed wore candsur and
hu ..areity than to sutf'r themselves to be sii!apd, hi
o,
sti.:h a shadow of evidence. The case of ths.illeer
ilsand•lliili is mach worm. It has been taken fee gramln*
that birmilse Hardie resisted the blagistristimille Wm,.
posed mike reading of this hand-billi ilk. millirilikilf
...../ 415211 IP i Val

ipproCed of its contents ; but who would not have been
incliaed, in the same situatio,p, to hare acted in a
• manner ? This is Hardie's own ease ; but it is
long process of derivation that this guilt is
the prisoner. Because Hardie would not
suff bill to be torn down till his curiosity was
;gratified, therefore the prisoner must have known of
the contents. approved of them, and perhaps circulated
because forsooth he and harder were seen toge•
. days after. This a supposition of a won-
description, and which no Jury would dare to
won a• a grcntud lb, touching a hair of the pri-
head. He had always looked upon the act at
as the least material part of the evidence.
there is nothing but this act and the yin-um-
:its hand-bill. Ile would call their alma-
the situation and circumstances of these
hey afford the most natural explanation of
let. A great many of the inhabitants of
the time the act took place, were engaged
'awful practices, and the evil of disaffection
was spreading far and wide. In this state, when
the reformers were gaining strength, and saw
that the respectable part of the community were
uniting against them, was any thing more natural than
that they should carry arms in their hands, in order
to guard themselves from the hand of justice, and de-
fend themselves against the soldiers, when pillaging
their more wealthy neighbours ? Is not this a much
more natural construction to put upon their conduct,

than to suppose that they rose in arms to subvert thell
laws and constitution. It might have been their de.;
sign to furnish themselves as troops to the stand•rd of
reform; but this reform was not treason or rebellion :
and did not their condtect favour one or other of these,
or a similar construction ? They did nit urge any
one to join their standard, though they might easily
have dune so ; not even the soldier whom they met
upon the road, and whom it was natural to suppose
they would have compelled to go tilting with them if
they hld had a treasonable intention. They seemed
anxious to avoid the military, else they would hate
'kept the high road, wiwre they might hate met a
party: but, on the contrary, they skulked secretly
along the hanks of the Canal, climbed to the top of a
hill and lay down, that they might keep themselves
hid fill it grew dark, and then return privately home
spin: In this situation the tro,,p‘ came to leek them
—be would nut say how far they were authorised so
to du t but granting they were authorised, rot
single step 'was taken towards a treasonable objerct.

, oot attack till they were euoPtraitteil to
Vs attached ; h was a mockery of the phrase

k—
riging war to apply it to these meti. A parrot of
poor radicals, who hid been plundering and drinking
A little, and who were desirous of joining their bro-
ther reformers, but not being so fortunate, they re-
tired to conceal themselves out of view till it grew
dark, that they might sneak away Inoue again. In
this state they were attacked by the military, and
they, as was natural, resisted. It was no doubt a
violent resistance, but it wa: a re:.i.,tanse to an arrest,
and this is the whole matter. To what did the equip-
ment of this formidaii!e army amount who are charged
with levying war To 16 pikes, a shaft without a
head, a gun or two, and two pistuls—such arms, such
discipline, such a levying war' It is said that they
could easily have escaped ; out it is nut very probable
that men on foot could have es :aped by running from
a purr::l of cavalry on horseback, and armed to a fur-,
riiiiialile extent; aud, upon the encounter connitencior-,
they cried out they would treat with them ; that is,
that they would retire peaceably if they were vittfercd;
aud on this offer being reftssed, they naturally de-
fended themselves from fear of punishment. Every
part of their conduct is perfectly explicable, and only
explicable by the snppositims of the skirmish having
originated in the fear of a gang of delinquents from
the a; prehension of a milita.v force, and perfectly sta.
accountable upon any other constrortiosi; and, above
all, the monstrods one of their having a design to
forerun-TS the constitution. '1 he learned gentleman
concluded a defence, which for eloquence and inge-
nuity of argument is almost unrivalled, by the best
specimens that leave ever been exhibited at the bar,
by a most impressive mid pathetic arpeal to tbe mercy
:Ind candour of the Jury in behalf of the unfortunate
E.; *moiler at the bar. [The learned counsel's speech
,se.upied the Court fur about three hours.)

A NEW SUBSCRIPTION FOR MR. Hu sr.

[Prom a Morning Paper.]

Yesterday was the anniversary of the unA•rtnuate
Manchester affair, and the vigilance of the !Joliee was
quite alive to the circumstance; Mr. Hunt having ex-
horted hi 4 partisans to observe it as a solemn fast,
&c. ; and its having been ge • Tally reported that the
)letropulitan fiddled* intended so to do.
About one o'clock in the day, the Sitting blagis
taste at Bow-street received a communication fr.on Sir
Robert Baker, informing him that symptone of hhra
radiralistn, and a disposition to celebrate the day by a
breach of the peace—had began to manifest them.
selves in the neighbourhood of Seven Blain. In eon-
seqnenee of this information, a detachment of 61111114.11
or fifteen of the patrole was instantly daspetched to
that populous district, with orders to apprehend any
disorderly persons they might find there.
On repairing thither, however, they foaled a written
placard nailed against the half-rotten shutters of a
wretched little shop lately used as a magazine of ra-
dital.brealdast powder at the corner of West-street.
This Pliiird was one whole. sheet of foolscap paper ;
aroan4 it was a bordee•of block es'ape, curiously dis-
pram; In feahrtins and other .fapcifal ievh4es: and on
it was itraerTd with a pen in.fialoing rod letten—
,'The r.a or ntoo'itlooso- •• .
• " Apaiversmy Anew! tge lOth, WO,"
re.
Beneath this was hudg a little box-,-idmetntng lily
s4c4ars, with Alt (mein it largo enough'io admit
ja penny ; and at the door of the shop
.stastd-,a :stsmly
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