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lice 6 'wete 'the execution of tbeir dut...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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J The Powell Plot. Trials At The Old Bai...
_MttwBswer to this portion of the statement of the 1 _» ni _« l * _Monoansel aa there U to the part regarding myself , it auxas no foundation . ... . . Mi Mr Kenealey said , that if he was misinformed , he _rrasras sorry for having made the statement . M Mr Justice Erie said , the learned counsel had sauctaeh better confine himself to the evidence , and _aoakaskehis observations upon the case , rather _^ than _nntenter into ether matters which were totally tn MtSsaley _.- The Attorney General had opened hhe _< he case as an instance of tbe mild and merciful jdnuIministratioH Ofthelaw _. aDdhealso said that , by hois his new statute , no privileges were taken from the eeoneon'e exoept those of Doing hanged and
disembowelmi . sd . He should , however , before he sat down , show btie ie jury that this new Grown and Felony Aot eepteprivid them of most important rights , and that it nras / as , in point offset , the most penal act that ever _lastasssd the Legislature . They lived is strange _iiimames ; and he considered the e prosecutions enly one _lioraoreBtep by the government to destroy those rights end nd privileges whioh hadraiged England to ker proud _cosiwiuon among the nations ofthe earth _, fie would ssksk them , did liberty of speech exist in England ? _^ t _/ st them remember the miserable prosecutions for _iidiedition . He admitted that a great many foolish , itsbssfi , and violent things were said by those parties ; tut ut a mild and merciful government , desiring their _sapappiness , would never have prosecuted them with
DBctach severity ; but it was evidently the object of the ( oviovernment to put down liberty of speech . Their iigh ' ght to hold publio meetings was gone , and the _Atcororcey General had raked up an old Act of Parliament If tf the time of Charles IL--a period the most _infacaononsinthe history of the country—for that purpose _, _[[ _hlhis Act rendered it illegal for more than twenty i _lenersons to assemble for any purpese whatever . This iiauad had the only effect that could be expected . The > _ieoeople were not allowed to meet in public , and they _ire-rere driven _inform secret associations . He imiiloiloredthejuryto defend their rights , and he felt _usassured they would never * _tbiak of convicting the _FFcvcung gentleman at the bar of the crime of levying _rprarar upon such evidence as had been adduced . The
; _jo ? overament app ; ared to le determined to destroy the _ilffliberties of the people . At the commencement of Iththeyear , under the pretence cf a fear of invasion , Iththey had made a large increase in their army and insnavy , solely for tha purpose of keeping down the _ipepeople by force , axd to carry out their own tyrannical _labobjecte , asd that was also tbe object of these _prosecn-IHitions . If the offence was anything it was high _treaiKUon , but the gorernment knew that juries were too iio _' ionest to convict of high treason under sach _circamiitstances , and , therefore , they called it felony , hoping hheresy to entrap a conviction . The evidence i _igigaihst Hardy , Home Tooke , and Watson , was muoh i tttfonger than in thia case , and yet the jury would not _KBonvict tbem . Why had the offence been reduced
S rdrom high treason to felony ? It wa 3 because in high _rereason some remains af ancient liberty were left to ; h _* he people . When a man was tried for hik- treason item was entitled to haTe copies of the depositions andr i . 4 copy of the indictment , and a list of the jurors , so hist he might peremptorily challenge any improper _leerson ; and he also bad the right to have _iwwo counsel assigned him . AU these privileges _vwere taken away , by this new Act of Parliament , and reet Sir J . JirviF _. _the Whig Attorney General , told Mem it was a merciful act . He , howerer , told them _ihhat it was a cruelty , and that it was much better ihat the prisoner , and the thirty miserable creatures nncluded with him in the charge , shonld have beea « Tried for treason , and have been hanged at once ont
) bf tha way , if they had been convicted , than to be mei trader tau statute , wbich deprived them of all iighfs , _andjanipected them te be Bent for the rest of ¦ their _Uvesjkthe most penal colony in her Majesty ' s [ dominions . TThe Attorney General , either from igloorance or spe other cause , had departed from the _luOAlcouxeeflui this case , and had not said'a word iipon the subject of the law relating to levying war nnd the mealing of the expression ; but he should rcnpply the omission , and had no doubt that the acts imputed to theprisoner and his compaaions did not amount to that offence . He did not mean to deny _ilhat their proceedings were criminal and wicked ; he cooked with equal detestation to any on 9 present upon the proceedings of the Chartists , and their
unrests of resorting to physical force ; but what he _[ insisted upon wa 3 that their acts , in this instance , ilid not amount to levying war , and , although he admitted they deserved and ought to ba punished , yet it shonld be nnder the Act of Parliament against riotous and tumultuous assemblages , aadBot for high ¦ _treason . The learned counsel then proceeded at great length to give his definition of what ought to Ibe taken as a levying of war within the meaning of Ithe statute . He referred tothe statute passed in Ithe 25 : h of Edward III ., whioh , he said , expressly referred to the act of levying war , in the ordinary sense ofthe term , fay marching in military array and ¦ _trgaaistlien , and said notblpg about eonspir _< _-- _* _£ y , or compassing , or imagining _, the terms introduced into
the present Act of _Parliament Thera was nothing abont conspiring in that Act , and no ! man under it oould be convicted of high treason _^ as was now sought to be done , because some one had said something to somebody else ten _iraaiths before . In the reign of Queen Elizabeth , tie act of levying war was defined to be the Ee : _rinj by violence any of the Queen ' s castles or forts / or usurping in any other manner tke royal authority , and he Bhould show them , by the highest legal authorities , what had heretofore been considered a levying of war . They all knew bow Magna Charts was obtained—by armed men insisting upon , then ; rights . That was levying war . The wars of tte Stnarts—between thehouses of York and Lancaster—these were all acts oflewintrwar .
But did tke oirenmstancea of the case before them amonnt to that sort of offence ? Here were a set of foolish fellows , tinkers , tailors , and _ehoemakers , meeting together , providing old pikes and swords , and such rubbish , and that was to be called levying war . Why itwas perfectly ridiculous . Lord Coke , one of the greatest judges that ever sat on the bench , and who , by tiie way _. wss one of the most corrupt men in the world while acting as the publio prosecutor , but whooertiinly _, whenhe had obtained the position he required , and had all along been working for , made an excellent judge—who was a Tery dishonest Attorney General , bnt who became a rery honest man
when he was elevated to the _bancb—he wished other Attorney Generals might be the same—( a laugh )—had clearly snd distinctly laid down thelaw npon the subject of levy ' ng war . He defined it in the terms of the _andent decisions , and said tbat there _au-tbea rising of tbe people , with tha object of destroying all the prisons ,, and releasing the prisoners , or of effecting any reformation of their deeds without warrant , er of taking npon themselves the royal style or authority . Was there anything of the sort in thiB case ? Only let the jury fancy Cuffay and his respectable wife assuming the royal style and authority . ( Alaugh , )
Mr Justice Erie observed thatthe learned conn- ' sel did not quite give the effect of the decision . The question would be , not whether all , but whether any sueh acts were consistent with the proceedings of tbe persons accused , and whether they were likely to result . The assumption of royal authority might be inconsistent with their proceedings , bat was it _inconsistent to say that Mr Cuffay might entertain tha intention of breaking open the goalBand releasing the criminals . Mr Kenealey proceeded . His lordship would eventually state to them his view of the law , bat in his opinion the charge of levying war was not made dot . Lord Coke said that there was a very great distinction between the offence of riot and tumultuous assembly and levying war . Now , he admitted these people had committed an offence , and that they ought to be punished , but what he said
was , they were not guilty of the crime of levying war , and he hoped the jury would say so by their verdict . He then went on to argue that , in order to constitute a levying war , there muBt be a rising for a general object , either to destroy all prisons , all enclosures , meeting houses , & e ., to constitute , levying war , and that , if the intention was only to I do any one particular aot of destruction , it would not amount to tiie offence . He cited the case of the Dakeof Northumberland — the time of Henry IV ., who , when _bisson Hotspur was in arms against tbe King , marched out with a large army , not certainly : cinia _» the _insorgenta , but leaving rery little doabt what his intentions were . Upon his sin being defeated he retired to his own castle ; and npon his case being referred to his peers , they fonnd , by their verdict , that the act he had committed did not amount to high treason , but merely to a
misdemeanour . Mr Justice Erie here interposed , and said it would be his duty to lay down the law to thejury . The law was the result of great learning and full and general inquiry , and the statement of small isolated passages was only calculated to mislead the jury . Mr Kenealey . —Am I to understand that the jury are not to pay any attention _to-thesefacts ? - Mr Justice Erie—I have stated what Imean . Mr Kenealey then referred to the trial of Hardy , and said that in that case there wss evidence to show a military organisation , and the evidence was altogether much stronger than in this instance , and yet the jury acquitted aim . He would read a portion of th _* _3 evidence . Mr Justice Erie stopped the learned counsel , and
said he wae clearly of opinion that he had no right to read any passage from a former trial , er the decision of any former jury . It waa contrary to all legal precedent to take such a course , and it was only calculated to mislead a jury , because they had no means of _ _owing _ what other acts were adduced , or what explanation was given of such passages . Mr Kenealey _tnea went on to urge that * the offence did not amount te levyragwar _, asd contended ihat their acts did not amount to high treason , and that it wasidle to suppose these thirty foolish persons really entertained the intention of destroying the whole metropolis . Bs charged the gorernment with getting no the plot , and said it was their duty , when they received _^ formation of what was going on , to h _ T 8 embed these _nuserablemea in their _proceedings , asd not bare encouraged them to proceed , and then seise them ts traitors . An honest gorernment
J The Powell Plot. Trials At The Old Bai...
would nAvercondesoend to employ spies , and informen as _thegorernment had done ia this case i but he said it was clear their object was fo put down the Chartor by these means rather than by honest and open proceedings . He then commented npon the oonduot of the _approvsr , whom he stigmatised as infamous and unworthy of belief ; and be said tbat the statements whioh Powell represented wtre made at one of the _meetings , thatit was their intention to put down the power ofthe Queen and establish a _Reeublio , was suggested by the police . The oonduot of the police was pretty well known , and they had plenty of opportunities of observing their proceedings in a court of justice , and how little regard they paid to an oath when their object was fo obtain a conviction .
Mr Justice Erie told the learned counsel he had no right to slander a body of men in tbis manner and he added that he had observed the persons who were most ready to slander the police were generally the accomplices of criminals . Mr Kenealey . —Does your Lcrdsbip apply that observation to me ! Mr Justice Erie .-I apply it generally . Mr Kenealy then proceeded with his address , urging that it was clear the plot had been got np by the police , and that Powell was obliged to swear what
he did , or else his occupation as a spy would be gone . He conoiuded by calling npon the jury to teach the government a great and important lesson by their verdict—that they would show * them tbey were not to put down the Charter by such infamous practices as these—that they would by their _rerdictxefuse to sanction the employment of suoh wretches as Powell to entrap poor men to the commission of crime . If they did _nst do so , a & d they returned a rerdiot of guilty , he could only express his opinion tbat , by so doing , they would strike a deadly blow atthe liberties of their country .
' The following witnesses were then called for the defence : — John English said : I know the prisoner . The paper ( produced ) , in which were inscribed a number of words and signs is a ' oopy of a paper I gare to the prisoner . I swear that it has nothing to do with Chartist proceedings , I adopted these Bigns because I had reason to believe my letters were opened atthe Post-office , CrossexEmined by the Attorney General . —lam a lithographic printer . I had lived in East-street , Manchester > sqnare , for a week before I went to Ireland . I was in Ireland about fire weeks . I occupied another lodging for two or three weeks before I went to Ireland . I gave the prisoner this
paper before I left London . I was ia Tipperary , Dublin , and Kildare . I waa not at Slievenamon . I am an Irishman—at least , I was born in London . I am an Irish Confederate . I don't know whether the prisoner is a Confederate . I suppose he is . My letters , I believe , were opened . I don't know that I wsb a suspected person .. I only went to Ireland to see my friends . WiU yon just explain the meaning of those words on the paper . Pikes , rifles , fire , barricades . Mahoney , O'Brien , Slievenamon , poison , victories . kill English ? . As I understoodthfre was a mink in Ireland , I thought I would give my friend information what was going on . But why should you wish to do so by means of secret symbols ? It was a short band . I did not want my letters to be opened . Then you swear that , going as yon were into tiie . rery middle of the disturbed districts , yon made useof these symbols solely for shortness ? I do , and because I thought my letters would
be opened . Why should you use cyphers if you had onlv the honest purpose in view ef giving your friend information of what was going on ? I did not wish my letters to be read . WiU yon explain the meaning of * the shorthand writing at the bottom of _thenaper ? I don't understand it . Mr _Ksnealey . —On your oath had yon any disloyal object in going to Ireland ? I swear I had not . Mr J . Atkinson , law stationer , said—I bare known the pris 9 ner twelve or thirteen months . I always believed him to bs a loyal subject and never heard him make use of any disloyal sentiments . Mr Gilbert said—I hare known the prisoner . nine or ten years . He was not a Chartist in politics . He did not agree with the Charier . 1 nerer heard him express any disloyal sentiments in private . Cress-examined by the Attorney General . —Did you in public ? I cannot say . l knew that he was an Irish Repealer and the secretary to the Daris Clnb . I am an Irish Repealer myself . I hare heard him speak in publio , but he nerer mads use of any disloyal sentiment * .
The witness was pressed to give an explanation ofthe first answer hehad given , making the distinction between private and publio , but he appeared unable to do so . - ¦ Jame 3 Barry , a journeyman tailor , said—I hare known the prisoner seventeen months . I was a member of a Repeal Club , the prisoner I knew as the secretary of thu Davis Club . That dab never appointed & delegate to the _Chututa . The rales of the club were settled by two eminent conntel , Sir _CoTinan O'Loghlen and Mr Holmes , and they were revised by M 4 Anstey | M . P . for Youghal , andhe was a member ofthe clnb . The Daris . Club was sub- , sequeutly dissolved , fad merged intofan _aasoeiation wiled tha Irish _League . " j / Cross-examined bv the Attorney General—I was
a member ef the club for fifteen months ., At one meeting , Doheny , an Irish barrister , made a speech , which was rery . much applauded . He is the same person who is now ' out' in Ireland . I do not think ne was a member of the Daris Club . A man named Crowe was a member . He was tried and oonrioted / or sedition . I was at the Eame meeting _, but I don't know whether the prisoner waa there . At that meeting I read the paper in which the expression was used , ' To hell with the Qaeen / It was a report of a soldier being taken into custody in Ireland for using the expression . I am a tailor . I used to attend the Repeal meetings at the Chartist meeting house in _Daan-street , bat we had nothing to do with the Chartists , and I was not present at any meeting when Looney was sent as a delegate to the Chartists . I heard the speech for whioh Looney
was convioted of sedition . I nerer bought any arms , but I once raffled a nrasket . Where did yoa get that from ? My heather gare it to me . What for f He said he did not want it . and I might hare it and _rsffla it if I pleased . Then yoa raffled it to get rid of it ? Yes . At how _muoha . me ' mber ? One shilling ; there were twentyieigbt members . And wbo won it ? It was an Irishman . I don't know his name . Was he a Confederate ? I don't know . Do you know where he lived ? I do not . Who were tbe members of the _regie . Were they Confederates ? I don't know . Give ns the names of some of them ? Tke witness mentioned three or four , and , on being pressed , he admitted that they were Irish Confederates . Give us ihe names of some more of the members ? I object to say any . mare . I consider it a private matter , and that it has nothing to do with tbis case . * _-..-
M . Le PUstorier , watchmaker , in Chancery-lane , said he had known tbe prisoner forsometime , and he had never heard him make use of any disloyal expressions . This was tbe case tot theprisoner . The Attorney General -proceeded to reply , and _aftepoommenting-im the attack' made upon him by Mr Kenealey , said , with regard to the eiroumstances of the prosecution , he would only observe that he hoped it wenld be a lesson to persons who con * spired together for such objects , that they conld not do it withont having traitors among them to expose tbeir designs . The new statute only took away the ( glory' ofa Btate prosecution , and _reduosd the charge to an ordinary felony . If he had been tke vindictive
_psoseentor tbat he waa _repraented-to be , he bad plenty of opportunity afforded bim by the eiroum * stances of the case to hare made a stronger statement fo thejury . Now with regard to the law . The prisoner was charged with two acts ; first , conspiring to levy war with intent fo pat constraint npon her Majesty , and compel her to change her _oonnoili ; and . secondly , to depose her Majesty from the style aud title of _Qseen ofthe United Kingdom of Great Britain and Ireland by effecting a Repeal of tke Union between the two countries , and if the jury believed that any of the overt acts which had been proved were in forthsrance of that design , it woald
bo their duty to find thB prisoner guilty npon the _present indictment . The cases that had bsen cited by the counsel for the defendant were totally inappuS cable to the case . The aot of levying war did not consist in marching _incumbers and with military display—three or , roar persons might , in the eye of the law , levy war , if they committed certain acts . The argument for the defence that unless a general and universal object _ef , destruction existed it wasnot a levying of war was _abiurd , and he was net surprised that these misguided men shonld aet as they did when their leaders gave them such an interpretation of thelaw .
Mr Kenealey said he was co leader ofthe Char _tUts . The Attorney Ge & eral did not say , that he was . What he did say was , that he was not surprised if these people were told that they might barn Limerick , or Cork , or Waterford , asd that it would be no act of high treason if Dablin or any other city . remained . So that tkey might massacre the whole of the London police , but if they did not kill tbe rural police , it was no act of high treason . It was his duty , in contradiction to snob idle statements , to tell them , howerer . that if people rose in numbers to do any public injury , or to oppose by force the authorities and the gorernment , it was treason , and
he apprehended there wonld be no doubt on the point . The Attorney General then referred to the testirrony of the approver , snd said tbat the counsel forthe defendant had aaid be was unworthy of belief , because he had aot given information to the police soonir _rnan be did _when-rioleiica . was proposed , bat he would remind him that he himself was present at a meeting where moral feree was postponed to ths day of _judgment by a resolution of ths prisoner , and that he did net give any information to the gorernment _topatthtmonthsirgoard _^ lnd therefore he thought this ought not to be _preped too _hsrdly against ths approver , ¦ V . ' . Mr Kenealey bars rose , snd said he did not know what right the Attorney General had to make these personal appeals . He aid not made inch reference
J The Powell Plot. Trials At The Old Bai...
tohii private proceedings . He hid not mentioned the Honham affair , forinBtonce . - ' - ¦• Mr Justice Erie begged the learned counts ! to refleet npon his oonduot , and on the last observation that fell from him . Surely he could not think himself justified in suoh a course . He mutt feel tbat the privilege of an advocate ought nst to bo thus abused . Mr Kenealey said the Attorney General had made many personal observations upon him during the osss , and had even gone so far as to say that he blushed for his conduct in presiding at the meeting tbat had been alluded to , acd the Court did not interfere . •¦ : _'* . " . . .
Mr Justice Erie said that the remarks made by the Attorney General were founded upon the evidence , and he . was quite justified in making them : - The Attorney General then proceeded with his reply . He conld assure thejury he had no wish to be personal , and desired tooonfine himself entirely to the evidence . Observations bad been made upon the conduct oi the approver , and he was described as being unworthy of belief , and he was bound to pnt the matter before the jury . He wished tbem to understand that he did not wish to screen ihe accomplice ; he might ba an infamous person or not , bat tbe question was did his evidence and the corroboration ho had receired make out the guilt of the prisoner ? The gorernment did not desire to employ suoh persons ,
but tbey bad no alternative . What could they do when they receired information tbat a dangerous conspiracy was in existence bat get the best evidence they conld to make out the case _against the parties concerned ? What wonld the publio hare said if tbey had refused to interfere because the information came from a contaminated source , and the result had been the destruction of the lives and properly of peaceful _citisms ? Woald they not hare blamed the government and considered it unworthy of suoh a name I It was impossible to obtain onconteminated testimony In suoh a case , bat it appeared to him that the evidence ofthe approver had been confirmed in such a manner in almost every nsrtioularas to leave no
doubt of its truth . He then commented upon the evidence for the defence , remarking particularly npon the portion of it referring to the secret signs to be made use of ; and he asked them whether it waB possible to suppose that this oould be intended for the honest purpose represented , and he conoiuded his reply by expressing an opinion tbat the case bad been duly established , and that thejury wonld feel it was thtir imperative duty to return a verdict of guilty . At the close of the address ofthe Attorney General , the further consideration of the oase was _adjonrnod to Monday morning . Thejury were again taken to the London Coffeehouse where they remained in the charge of an officer .
Morday . —The learned judges , Mr Justice Erie and Mr Justice Williams , accompanied by Mr Baron Piatt , took their seats on the bench at toil o ' olock , and the prisoner Dowling was immediately afterwards placed at the bar . Mr Justice Erie then proceeded to earn ap the case to the jury . The learned judge said they had now arrived at that stage of this protracted inquiry when it became his duty to lay before them the _evidenoi that had been adduced iu support oftbe charge , aud the Uw _Relating to it , and he felt assured tbey would give the matter that calm and deliberate _attendon ; wbion its importance deserved . As some tine elapsed ; since the evidence was given , and as many matters had been introduced whioh were tc . tally irrelevant to the question , whether tiie prisoner
at the bar was guilty « r not , he proposed first to stato the natare of the charge , and explain thelaw relating to it , and he woald then read over the 1 whole of the evidence that bad been adduoed in support of it , and he would at the same time remind them , although for gentlemen of their station it was possibly _isneeessary that he should do so , that they mnst be guided in the decision they came to entirely by the evidence , and the evidence alone . The indictment charged the prisoner , William Dowling , in the irst instaice , generally , with - conspiring with persons whose names wore given , and with other persons , to levy war against our Lady the Queen , within that part ofthe realm called England , in order by force and constraint , to compel her to change her
measures and counsels . This was the first part of the charge imputing a criminal intention to the prisoner to levy war against the Queen ; and the remaining part of the oharge oonuatod of overt acts , that was to say , acts done by the _prisoner , or by the other persona associated with bim , for the purpose , of executing the intention ascribed to him . The Jury must ba satisfied of the existence of the intention , and tbat it was proved by the evert acta given in evidence . He would now explain to them-the ( aw with regard tothe offence or charge ef levying war . The expression 'levying war , ' had been used in the Btatutea for many years , and its legal meaning was perfectly understood by thoae engaged In tne administration ' of the law : but is was rather different
to what would be understood by the term in common parlance . The term' war * might be understood in a variety of ways , and ke would state what was bit interpretation of the term in a legal sense . If they shonld believe tiiat the prisoner bad tbe intention to assemble with , ' numbers of persons _arp > ed ,. and prepared to resist any _opposers and to prevent the government from the exercise of an ; of its lawful powers , those acts would bs a levying of war . jit was not necessary that the persons . so / assembled shonld be . in military array , or exhibit any military discipline , arms , or banners ; and itwas perfeotly _obrieosthst s large body ef undisciplined persons possessing such arms aa they might be enabled to prooure , would be capable of effaotfng a most
formidable resistance to the authorities and the . gorernment , and the tow clearly considered suoh an aot tantamount to levying war within the meaning ofthe statutes . They would ob ! _erve .. that tbe crime merely oonsistedin the intention of the parties , and therefore the . offence might be complete although no _axitttalcsmlict took place . The distinction between these charges consisted entirely in the object for which till parties assembled—if tbey assembled for any particular er private purpose , from a dislike to one individual , and in a building , it would-boa-riotous assembly ; but , if the aot intended was of a publio and general'character , then the same proceeding amounted to a levying of war upon the crown , and be would remark that it waa dear there could , be . no
more publio object than to endeavour to oppose the gorernment and ( pat constraint npon it . . This was the'inteation imputed to tbe prisoner , and in his opinion it did not come within the scope of an indictment for riot ; but if it should be made out to the satisfaction of thejury , they would be justified in finding the prisoner guilty upoa this count . If they believed the intention was , by force , to interfere with the free action of the gorernment in any way , it was a _lerying of war , If the object was to compel the govern _, ment to grant what was called the People ' s Charter , or to compel a repeal of . the statute for tbe _unipnof Great Britain and Ireland , or to interfere-With and e & barrasi the gorernment in the disposition of the troops ; or in any way to paralyse and _embarrasa the
government in its actions—all these aota were clearly a levying of war . So also if tbey . believed it was the intention of the prisoner and his companions to make an armed insurrection in the metropolis , that would dearly be an apt . of opposition to the government , and the'offence would ba complete . This was the manner in whioh he explained tbe law with regard to the criminal intention , and he would describe this part of the case as an armed insurreotion against ihe government oL . the _desoriptifin to which he had minded ] . and ; ne should ; leave to them the question whether thuYpart of the charge had . been _established Haring alluded to this part of the" charge he would now stato the _^ Ia _^ vDth : regard' to the overt acts . The law required in indictments of this description
that overt aots should 'be stated in the indictment ; and that those overt aots should be made oat to the satisfaction ofthe jury ; but although several overt aots might be stated ; 'it was suiSoient that one of them shonld be proved , if the jnry _shouliba _^ _f-opl- ' mon that the act whioh was proved life no doubt ef the criminal ifitntion of the prisoner , and they would be justified in oonriotlng aim if suoh an , aot was mads oat . lathe present instance , four overt aots were stated in the indictment , and : ; with regard to one of these acts , he apprehended that if the jury should be of opinion that it bad beenproved , they woald entertain no doubt that the prisoner really entertained the criminal intention imputed tohim . With regard to the law upon the _subjeot of
_consolracy ; it would -ite . necessary for him to stato that when it was dearly proved that two or more persons were engaged in an unlawful combination with othes persons . _ithe moment the fact of-the conspiracy was _estoblished ,. the _> _ot'or 6 he of the parties was the aot of all , and they-were all bound by the acts of eaoh other in furtherance of the original illegal object . If , therefore , the jury BhouH consider it to be proved that the prisoner did actuaUy conspire with ethers to _Sr _^ A _^ _W- obj _eA - * fter lhat aot was established , the act of any of his coconspirators would , in the eye of the law , be evidence against him , and would be , and hehad no doubt they would think properly so , considered as the act ofthe prisoner It might be thata person would act in such a ' manner as to stimulate others to tumultuous risings insurreotion , and violence ; he might provide money , and in point of faot be the prime mover of th ' e - _nnthmoir ,
and yet might . not be found at the moment it took place ; and in such a case no one could doubt that he wouid , be responsible for the' aots ef his co-conspirators , although he had himself kept-in the baokground . The first overt . aot oharged in the indictment was ,, that the prisoners and the others conspired and confederated together to stir up insurrection and rebellion againBt the Queen , and to overthrow the gorernment and constitution of the country as bj law _est & _Miiued . This was the overt aet to whieh he had alluded , when he Baid , that if it should beprored to tbe eatisfaotion . of the jury , there could be no donbt of the guilt of the prisoner , and it was for them to decide whether the evidence made out that charge . The next overt act charged was , that the prisoners conspired , confederated , _, & o ., together , and provided large . qaantitieiof arms , daggers , pikes , pistols , awords , too ., and a largo quantity of ammunition and ball-cartridges , intending to nse them to fight with and lull tha troops of few Majesty and the po _*
J The Powell Plot. Trials At The Old Bai...
lice wC 6 ' wete aoting * ra 'the execution of tbeir duty . The third overt act alleged against the prisoners was , that they conspired , together _forthe _purpoiepf burning the police-stations , railway-stations , and other buildings , and that , they provided _oomoHitibles for that purpose . The fourth and last overt aot charged the prisoner and other _peraens with carolling _themstives as members of divers secret societies , holding _Becret correspondence with , each " other , with the object ef exciting rebellion , insurrection , and war against the Queen . These were the four overt aots with regard to the criminal intention to levy war , and these were all the observations he had to make with regard to this portion of then charge . The second cfiunt in the indictment _rcharged — _, ~ . _) - ' _ _, - ' / _ I __ - __ . « Z ' -I * - - '_ '_ - _!/_ _:- % ; _^ _f _^^
the prisoner , wittr other persons , with _^ conspiring to depose our Sovereign Lady the Q _, deen , _'and -deprive her ofthe style , title , and _Rsyalname of the Imperial Crown of Great Britain and Ireland . ' Heshouldnot allude to what bad _bsef considered in former times as' an interference with the Royal authority , because he considered it was unnecessary 'for him to do so . He would only observe that if they considered the evidence established an intention ' on the part of the prisoner and his companions to subvert the monarchical institution in _Eogland , and eatoM & h some other form of government in its place , that would undoubtedly amount to tbe charge contained in the indiotment of intending to depose the Quean ; so , also , if they should believe it wsb tho intention of ' the parties to
sever Ireland from this country by force , it would make out the other oharge ef conspiracy to deprive her of her Royal style and' title' of Queen of the United Kingdom of Great Britain and Ireland . If , therefore , they should believe that the aots done by theprisoner were in furtherance of that intention or either of those to whioh he had just alluded , the second count ofthe indiotment would also be osta > _blished . In reference to the character of the conspiracy , he would observe , tbat if it shonld appear thst & number of persons oonspired together to resist the government ' geherally , bat that some were desirous to overthrow the government altogether , and establish a republic—some to obtain any particular measure , such as the 'Charter—others perfeotly indifferent to what happened in England , bnt merely desirous that Ireland ehould be severed from the British empire—if they all agreed to co-operate and
oarry out their general purposes , all parties concerned wonld in the eye of the law be considered as adopting that general purpose , and would be amenable to the present oharge ; and the circumstances to whioh he had alluded would be very good evidence , from which the jury might infer the guilty intentions of the parties . The same evert acts were introduced ih support of both the charges , and the jury would decide whether those aots were proved , snd whether they established tbe intention imputed to tbe prisoner . The learned judge , having made these observations , proceeded to read orer the whole of the evidence that had been adduced on behalf cf tho prosecution ; and he prefaced the evidence given by Powell by stating , 'that , although he had been desoribed as an accomplice , yet , if the jury ebonld believe ' that , after the 10 th of April , when he became acquainted with the violent designs and intentions of the Chartist body ,. ho honestly separated
himself from them , and assisted in frustrating their evil intentions , he ought hardly to be looked npon aa an accomplice , but rather deserved commendation for bis _conduot . It was , however , clear that be bad noted with deception towards the parties , and that , I while apparently acting with them , he had been in communication with the polioe , and , therefore , no doubt his evidence ought to be regarded with suspicion . There was a very-proper feeling in tho brea 3 ti of Englishmen upon thesubjeet of spiesiahd'traitors , men who fomented plots and induced innocent per * sons to join ih them , and no doubt suoh oonduot was
properly looked upon with disgust , but it was a rery different case where a man having joined with guilty persons repented and gare information to _enable the government to frustrate their designs , and although he might afterwards pretend to go on with the original , design for the . purpose of making out the case , and _pmnshiBg the guilty , but having , in realityrno intention of furthering the evil design , and he considered that Booh a man rather deserved credit than condemnation . ' Having gone throu gh the whole of the evidence he said that the counsel for the prisoner , he regretted , at the commencement of his address , - had made a strong personal attack npon the Attorney General—he did not wish to censure , but be
certainly regretted that the learned counsel bad adopted this course , as he considered that in a court of justioe , especially on such a solemn -inquiry as the-present , personal attacks of that character _oucbt not to hare been introduced . He likewise considered that the learned counsel was hardly justified in commenting upon the proceedings of the legislature and in stigmatising as a bad law an act of parliament that had _received its ' solemn sanction . He did not see that taerfwas any ground forthe complaints that had been ! made regarding tbis act . It merely declared that an offence which formerlyamounted 'to the crime of high treason should be treated as an ordinary felony , and abolished the capital punishment , substituting transportation in its place / It appeared to him that
under the circumstances , no one could say that this was a wanton prosecution , and it seemed to him tbat it was a rery proper case to be submitted to a jury . It had been said , also , by the counsel for the prisoner that the prisoner ought to hare been indicted for riot , but it was his duty to tell them that the evi . _desce whioh had been adduoed would not support a charge of that description . The meetings of the parties were all held in prirate—nothing like * s riot occurred , and there was no evidence to support a charge of riot , although suoh meetings were clearly in furtherance of tbe other design imputed to the prisoner ! . The learned J udge concluded by stating to thejury that they ought to pay no attention to the observation of tbe defendant ' s counsel with regard to
the result of this ic quiry being looked forward to with interest by foreign nations . They had nothing to do with any suoh opinion , nor with the evidence that had been given in other cases , or the decision cf other juries . It was their duty to be guided solely by the evidence that had been adduced ia the case before them , and to decide whether that eridenoe supported the oharge against tho prisoner . If it was their opinion that it did , they would say so by their rerdiot—if they had any reasonable doubt ofthe fact , theprisoner ought to hare the benefit of suoh doubt , and it should be their only object to give a decision which they believed to be founded on the troth , and by that course alone coald they hope to reflect with satisfaction upon the result at whioh they wonld arr ive in this case .
The jnry retired at ten minutes to one o ' clock taking-with them all the papers snd documents that had been produced in evidence .
TRIAL OF WILLIAM CUFFAY , LACEY , AND FAY . WiUiam Cuffay , Lacey , Fay , and Mullins were then arraigned at the bar . —Applications were then m > de by the counsel for the several prisoners to postpone the trials of Laoey , Fay , and Mullins . That of Mullins only was postponed-The indiotment against the prisoners , whioh was in precisely the same form as the one against Dowling , was then read , and the prisoners were oalled upon tq plead . They all pleaded Not Guilty in a load voice ; and Conty added : 'I demand a fair trial by my peers , aocording to the _prinoipies of Magna Charts . '—
The prisoner Matting was then removed from the bar , and the trial of the others proceeded . _, _UponJbeMfoo _' of the first juror being called , Mr _'BaDantine renewed the application made by Mr Ker nealey on Friday , that the Juror should 08 sworn , and that he should be permitted to examine bim apon the -voire dire . . The , _prjwnerhad aright to knew whether a person * h * was -called as a'juror io try him was actuated by any improper motives . —Mr Huddlestone and Mr Parry made a similar application en behalf of their clients . —Mr Baron Piatt , after some disouBsien _, said he though _^ the first step to ba taken was to place _twelvtfgentlemen in the box , and this was accordingly done . " ' ' •' ¦' _¦¦ i
Mr Huddlestone then applied formally to the court on behalf of Cuffay , that the whole panel of juror ? summoned to attend at the present session should be read ov , in order that the prisoner might see who appeared , ' In support of'his application he cited Townlej ' _s o » se , reported in 'Ohitty ' s Criminal Law / page 566 , where-that course was adopted , and in reference to which Mr ( afterwards Justice ) Forster said this was doae after a muoh longer debate than the matter deserved . ( Alaugh . ) j The Attorney General said he did not object to the . panel of jurors being read orer . ; ; _- jiea J Mr Straight then proceeded to read the _entiriiilht _< * of jurors who had been summoned , and _whettihsfiad read a considerable _number of names , _MrBalhintme Baid he thought it right to state thatit _was'tho _* _i'd _* tI n ' . ( tion of tho prisoners to , sever ia theic . obaiUe 8 gSs . - ~ The Attorney General upon this said that . _asyhe-idi 1 _) there _sufficient number
not think was a , _jifijurors summoned to ensure a proper jury if the _prisonerk were tried together , he should take the _caseofCuhVjr first . —Mr Parry said there were a great many _o'tar jurors . —The summoning ofiicersaid that two _hundred jurors were in attendance in the avenues of 'Joe oourt but there was not room for them within it . _—Bsron Platfc said they must oome into court , - aad get places as well as they oould . _—Upon this _announcement the court was immediately _orowdad w » . _' th jurors , and Mir Straight waa engaged for a _coasi ' aerable tiae in reading through the whole list _, i Upon the name of the _fivat juror being called , Mr _Ballsntine chaUenged J _^ m .-The Attorney Generil said he had already _intimated bis intention to try the prisoner _Cuffsyalprie , and as Mr _Bsllantine did not defend that _prisoner he ought not to intetfere .-r Baron Piatt fjM Mr ; Ballantine that _m he did not ad . pear fortb ' e prisoner _Oaffiy he coald not be heard . — Mr _InlKntine : Then I do appear for Onffay ,-0 no
J The Powell Plot. Trials At The Old Bai...
or two jurjnien were then challenged peremptorily by the learned coanseL ' ¦ " "' ' ' * When the natoe" of John Pickworth was oalled he Was challenged by Mr Batiantiue , on the ground that he wai not indifferent between the erown _and' _-the prisoner , —The Attorney General said he joined issue and pleaded-that the juror was indifferent . —Two jurors were then sworn to try the question .-and Mr Pickworth was examined npon the voire' dire . —Mr Ballahtine ( to the jaror ) : I take the liberty ef asking you sir , whether , during the recent disturbances , you acted as a _speoial constable ?—The Attorney General objected to the question as being entirely irrelevant . _—Baren Piatt concurred that tbe question waB irrelevant ' . ' It was like asking whether tbe party was a - __> _A-J «( : _« _m _ - __ . a . ___ ___ _ilirfM _AUAllAnrfn _^ _nnsumntnpiiv
. loyal man . —Mr Ballsntine then asked the juror whether he _hafrWanytime ' expressed an opinion with regard to the guilt orinnecence of the prisoners or as to what ought to be the result of the trial ?—The juror said . he had _not done either . —Thejury then found that the juror was indifferent and he . was sworn . '—Upon toe name , of John King arid _' _several other jurors being called , the same proceeding took place . —William Pembroke was challenged for _favour . —Mr Ballsntine : Have you ; ever expressed any opinion as to the guilt or innocence of tbe prisoner Cuffay , or as to . what ought to be the result of this trial ?—The Juror . -Yes , I bare expressed an opinion
that they ought all to- be hanged . , ( A . laugh . )—Mr Ballaritine You may retire . _p . The juror , was then ordered to withdraw , and after considerable "delay a jury was at length formed ! Mr Parry then said that although he had expressed his intention to challenge separately , on behalf of the prisoner Fay , his only . object was to get an unbiassed jury , and : he had not the slightest intention to embarrass or delay the proceedings of tho court . He would now state ihat , onthe part of that prisoner , he was content that the jury whioh had been called should try bim . ' . ' . " . _''' . ' ' Mr Ballantine said that Lacey was also willing tobe _riedbytbesamejury . '
Cuffay here exclaimed , 'I wish it to . bs understood that Ido objeot to this jury . They are not my equals—I am only a journeyman mechanic / _, Mr Ballantine : Yoa most be quiet and leave it tons . The Attorney General said he had no objection to proceed with the trial of the three prisoners , and Laoy'and Fay were accordingly placed at the bar by the side of Cuffay . He addressed-the jury , and said he regretted very -much that the . exigencies of justice required the attendance of so , large a
number- of gentlemen in . their position ,. no doubt to their great inconvenience ; and he at the same time trusted that . the proceedings which they , had juBt . _witnessed" with regard to the choice of thejury would not have tbe . . effect of prejudicing the prisoners , because it was a course perfectly in accordance with thelaw , and .. whioh , the prisoners were entitled to adopt . He .. then proceeded to state the _oircumstanoes nnder which the charge- : was- preferred against the prisoners ; but , as the facts ¦ were precisely the same as in the former case , it will ba unnecessary to . repeat them .
The evidence was then gone into . W . Gross , a police-constable , ' proved that he ap prehendedthe prisoner Fay on the . 18 th August , and that as they were going to the police-office , the prisoner told him that he . had bsen secretary to one of the Chartist Associations . . i : - . .. Sergeant . Thompson deposed that he went to a garret occupied by Cuffay on the 18 _* h August , and took bim into , custody , He told him-that he was oharged with felony , in conspiring against tbe Queen , and be replied , ' Itis quite sufficient , I understand what I am oharged with . ' He then went to a drawer in the room and fumbled-abputior some time , and then took out a pistol which he endeavoured to pass to his wife , bnt wituess laid hold of him , and , after a struggle , eot the pistol' from him . It was loaded
with gunpowder and ball , and _jirimed . He also found afiag and banner , which he produced , and on which were inscribed the ' words' 'Westminster- District ? Sergeant West proved tbat on tbe following day he Bearohed a cockloftinCnffay ' ahonse , and found a pikestaff , whioh he produced . ' Charles Tilden deposed that he became a member of the Chartist Association on the 29 ch of last May , and Cuffay was bis class-leader . He belonged to tho Dean-street locality . In June he had a conversation with Cuffay about cartridges , and Cuffay wished him to make some . He told bim he had got no gun , and tbe prisoner answered that ; when the time oarae , they should get plenty-, of arms from-the gunmakera ' shops . They likewise had a conversation _abr-nt
_gioger-bser bottles filled with gunpowder and pieces of . iron , and CuffayVaid they would be yery geod things for the Chartists' wives to throw out of tbe windows , while , their husbands were engaged with the police . Cuffay likewise showed him a pike-head and staff , which he said was ' after the MUohe _) fashion , He also told bim that there was a rebellion in Ireland , and the soldiers would all soon be sent away , and London woald be ia their hands ; , and he said he hoped that witness would not flinch when the day came . _—CrOiS-exsmined : He was rery anxious to be placed . under suoh , a'redoubtable leader as Cuffay , and ho expected if he obeyed his orders he should become & general , and perhaps , eventually a president of the commonwealth .. ( A laugh . ) He
had been oharged with being , drunk , and about seven years ago , while _engaged in looking at the statue of King James , a' policeman interfered with him and he was obstinate , and stood by the statue from nine o ' olook in the . morning till five , and then be was looked . up for looking at King James . ( Laughter , ) The magistrate ordered him to find bail on this occasion , and he was in prison for three weeks . He joined the Chartists as & moral foroe man , and he purchased gunpowder at Cuffay ' s request , in order to see if he could not find out something to stop their proceedings . He considered the ginger-beer bottle business physical foroe , and not moralforoe . He mentioned the ginger bottles to lead him on to think that he was sincere . He offered
to sharpen the pike head from tbe same motive , and he always determined to betray the . physical force movement . He was in communication with the gorernment before he said anything about sharpening the pike , and he communicated from time to time what was going on . He knew nothing of Powell , and never saw him . He did not expect to be raid for what ke did , and he became a spy and informer for the good of the pnblio . He went to Cuffay ' s bouse a quarter of an hour after he was apprehended . _Kne-fr there was a cook-loft to his garret , bat had nerer noticed it particularly , and of
coarse he did not pat the pike handle into that loft . He was in regular employment with a respectable tradesmen at the time of these proceedings , and was earning 38 s . per week . Did not expect to be paid for anything except his loss of time , bnt he shonld not be ashamed to take anything the gorernment might give him . On one . occasion he saw Cuffay casting ballets in _bU-gatret . He wis using » tobacco pipe aad a pair of pliers for the purpose . Neither Mrs Cuffay nor any of the _littleCofftys were in the room . ( Alaogb _. ) Re-examined : He was apprehended for loitering about Whitehall-gardens , and not giving a satisfactory account of himself .
At the dose of the elimination ot this witness thejury in the former case came into court , and handed in a written paper to tbe banoh , in which they expressed , a wish for the court to read over ! those portions of the eridenoe which confirmed the statement , of the accomplice . ( . : _,, „ ¦ , ' _,, ' , ,: Mr Justice . Wittiams said , tbat his learned brother Erie , who tried the oase , and who had more particularly direoted his attention to it , had left the ' eourt , but he would endeavour , ai well as he could , to do what tbe jury required . ¦ . The Attorney General suggested , that as ' _ijfc was now past seven o ' olook , and as it would not be advisable to break into tbe evidence of the next witness ; it would be better at _onoe to adjourn the case of Cuffsy and the ether prisoners ,
Mr Baron Piatt said , that as there did not appear to beany probability of getting through the oase that night , perhaps that would ba the better course . The further proceedings in the trial of Cuffay , were . accordingly adjourned , thejury . being taken , as in the former oase , to the London _Coffde-hoase , ' in the oharge of an officer . . ,. _,,-Mr Jastios WiiliamB then proceeded to address thejury in the case of : Dowling , and read , from his _aotes those portions of the evidence which were relied upon by the crown ' as confirming the testimony ofthe accomplice . ; ... Mr Kenealey , at the close of the learnei judge ' s address , oomplained that he had not been allowed to adopt a similar cdurse in challenging the jury that
. had been permitted to Mr Ballantine in the case before the court that day . Hehad made the same application , but it was refused . Mr Justioe Williams said , that tbe learned counsel had applied for a list of thejury , that was the application whioh had been refused . Mr Kenealey asserted , that he had asked permission to take precisely the same course thit had been [ adopted by Mr Ballantine , and he now requested flfchat the oourt would direct the faot to be placed upon the reoord . _iiooTke court refused to accede to the request . - { oiThe jury then again retired at half-past eight _aiolook , and returned into oourt at half-past nine , whp _; a they gave a verdiot ; of Quilty against the _Prisoner upon the second oouat of . the indiotment . ' _TuKsnat . —Mc Baron Piatt and Mr Justioe , Wil-Hams _tosk their seats on the bench at ton o ' olook , and
the eridenoe for the _proseoution , in the case of these prisoners , waa resumed . Thomas Powell , the approver , was examined by Mr Bidkin , bot as the evidence given was precisely the same in every particular as that given on former ocoiB ' wm , it will ba unnecessary to repeat it . He spoke to joining the OlnrtUt _Cenvention , in Cripplegate distriot , and to his attending different meetings down to the month of August last , and taking notes of the proceedings at eaoh of these _meetings . He swore , as on the former _ooossion , in the most positive _manner , that the prisoners took an aotivepart in the prooeedinM connected with the intended outbreak , and alio tbatLaoey was sent as a delegate into tbe manufaoturmg _dutnots _, to ascertain ' whether tha _peop'e were wiHinj ; to rise in rebellion , in conjuno , tioa with , tho _ChartntaQf _London , aud also _tMttnua
J The Powell Plot. Trials At The Old Bai...
bis return he made a report on _thaJBth August , thai the men of Birmingham ; a & d Manchester ; wonld be ap that nigh _$ , , in . _cpnsequecoe of , which report tbe rising iri' London was fixed for tbe next day , the _prisdnerFay ajgieeing " to lead the Tower Chartist dirision of the insurgents _^ _' ' ¦ _'¦ _' ¦ _'" ' . •"' ¦ '" ¦ ¦>• / . >• " ' ¦¦ _' _<• '• *• - i > _-: Mr Bodkin ; who led the exammation _. vras proceeding to question the witness . respeoting ; the meetings whioh took place , prior tothe _. _perjod , at which he . saw eitber , D ( , * be . _tbfeej > n _^ and partictlariy respecting the ' proceedings at the Black Jack on the 20 thof July , ' wherihew 8 sraterrup ' tedby '' _- ' - _y ¦ ' ¦ Mr Ballantine , who objected to any questions being pat respecting these , proceedings ,-: unless' it could be shown ; that tbei prisoners at' the . bar had . had some _hin _siAvii- * . _UtMnrlft si «* AnA _# (* Atir-ktt Irs _. K An _» n _ l 4 k __ st
meanB of becoming acquainted , with them and adopt * ing them as theirowo . ' •' ., ' , Mr Parry also _Objected tothe reception of evidence of thai character ; ••• ••" The Attorney General contended that where it was proved that a number of persona conspired together todo a oertain act , and i _> person _jc-ined . them at the eleventh hour , that . person so . doing was held , as haying fidepted the previous proceedings of his coconspirators , and to be equally responsible with them for all tbat had been done . Mr Welsby and Mr Bodkin supported the view ef the Attorney General . The Judges overruled the objection , —holding that it was competent to receive the eridenoe as proof of
the general nature of the combination ; but thatit would be a question for the jury to consider whether the proceedings at those previous meetings had been adopted by tbe prisoners aubst quently . . The examination wsb then proceeded with ; ( It will be remembered that it was at the meeting ob the 20 th of July , wh « re plans of various parts of London , were said to have been produced with tbe view to . the ereotion of barricades , and where the chairman wn alleged to hare said that the object of the Chartists was 'to destroy the Queen and establish a Republic' ) Mr Ballantine haying objected to the reception of the above words as evidence against the prisoners ,
Mr Justice Williams remarked thathe thought it would be hard to make them responsible for a wanton remark of that kind made by a person in their
_absence . - •„ .- . _:,-,- . _ _- _,.,-The examination in chief of _thisiyiit ' ness , which occupied four heuM , having been concluded , the-Court and jury adjourned to take same refrtshment . ¦ ¦ ... ' .. On their return the witness was subjected to a most severe cross-examination , by'Mr BaUantiHe . He said : I went bv the name of Jobnson ,. and & person also called me Robinson one ! evening , and I told them to call me what they liked . I , never went by any other name . I cannot say whether I erer went by any other name . •' ' ¦ Baron Piatt . —What , don't you know whether _ydo over , went by any other name than your own ? *
Witness . —Yes ; now I recJIwt , I , was called , the Welsh -Novice . ( A laugh . ) I joined the Chartists soon after April , but I did not commence to take notes until about two days after the 30 th of July . No . onetold me to take notes . I did so of , my own accord . I did not show the notes to anyone . I may have put down a portion at onetime and , forgotten another part and put that down afterwards ; and I communicated what was goinglm-to . the government from time to time . 1 showed my * notes to some ofthe authorities before these people were taken into custody ,. ; 1 swear ; I never altered ' the , notes ' after they were shown to the authorities . , .
'Mr Ballantine . —To whom did you gire the riband which was to be the symbol of leadership ? Witness . —I objeot to answer the question . ., I was earning 27 s . a week as a carpenter when l ' entered into this business . It _wasa matter of choice , not ' of necessity . I wardetormined _toroqaaint the authorities of what was going on . I don't know that . I acted as a' spy , ' but I certainly went in among thess people te get information of their proceedings and to betray them . I have been , paid £ 1 a-week eince I have been obliged to be kept cut ofthe way to proteot my life . I have been a sort of sporting man in my time . I was a pedestrian . I ran at Wimbledon once , to bring a little _oustom to a public-house , and another time at _Hounslow . I also ran at Croydon for
a _oay ' _s amusement , for which I was well remune . rated . I was known as tbe Welsh Novice on those occasions . I know what the' thimblerig' means , : I nerer had a table for the thimblerig , but hare looked on . I onoe , when an apprentice , played ata _marquestable st Ascot , and wss paid so much a day . for playing . It was on account of my master I went there . I was to pretend to bet , and was paid 30 _j , air my day ' s work , but wsb too young at the time to consider whether this was cheating . I knew in reality that I wasnot betting , but did not cons'der my self a oheat _, I was aware that what I did wss to deceive the people in the booth , arid : induce them to bet ... I never played at . thimblerig . I never _assoeiated Vitfi such people . I know a person named _Pennell , bat
I did not tell him I had walked a matoh against Townsend and sold it because I oould get more money . I was a witness onoe before in this court about eight years ago ; but I never said that I was . afraid of the oounsel questioning me about a thimblerig affair , and would not go again . I work _withitny brother-in law , Mr Smith . - He keeps a good many men . I nerer attempted to persuade auy of -them to join the Chartist , clubs . They were quite capable of doing that without my . persuasion ., I know James Paris , the foreman ., , 1 ne 7 er said to him that X had been employed by the thimblerigging men , or that I had been employed by the police against thieves . I have talked with him on religious matters , but nerer expressed to him an entire unbelief in God , or in ths
Scriptures , or in our Saviour . I always haTe believed in them , and de believe now . I did tell Paris once that it was likely he would hear of something remarkable , but I don ' t think I said he would bear of a Chartist rising . He did not tax me directly with being . a spy . He threw eut bints that I was , but I took no notice of them . I got some lead from Mr Smith , my brother-in-law . in order to cast bullets . I did so , ' by the direotion of _Gursey , who was my warden . Gatney wanted to bars as many bullets as possible made against _thsday of rising . I oast the bullets in my own apartment , asd gave them to Gurney . _Besidesthis , money , . was given me by our locality for the purpose of _purchasing gunpowder and
making cartridges . I don't remember whether , my shopmates .. nicknamed me 'Lying Tom / I never heard of it to , my f « oe , and I should resent such a thing if it was said io _jny presence . I know a man named Oaborn . I never told him there was to be " a Chartist rising , and urged him to join it . I don't remember doing suoh a thing . I really will not swear I hare not doae so . I don't reoollect it . Baron Piatt ;—Will you swear you never hare?—I don't recollect . .... Bsron Piatt . —Will yon swear you nerer hare ?—I don't think I ever did ... Baron Piatt . —Then you may hays done so and forgotten it ?—Yes . —
Examination continued . —J cannot remember whether I pointed out to Osborn a , man _; who would make him a pike . I think I do recollect that I once did do something of the sort . I believe I did do it , infaot . I pointed out a blacksmith as a person who _woukTmake him a . pike . I don't , know what the pika was to be used for , but I suppose it . was for some . _purpose or other . We _wew . teJking ' aboutthe Chartists at the time .. I know another , carpenter named Carr , but I swear . I , nerer said to . him . that if I had a chance in a crowd I would rip the police's —— guts out . I need to quarrel-sometimes with my father when he was alire , but I swear I never struok him . I did onoe have a scuffle with him after he had struok me , acd my brother-in-law separated us . I
nerer said to Pennell thatl _heped my father's seal was ia hell . I nerer said to him that the government was a weak , _tyraeniesi gorernment , aud that I would send Lord J . Russell and Sir G . Grey to the devil within a month . -J . sjrear .-I -nerer said suoh a thing just before the ., 10 th of April / I may hare asked Pennell ithe was a Chartist , but I nerer offered to propose him as a member , or told him that I oould get £ 2 or £ 3 a-week'tor him , whioh would be better than carpentering . I nerer told him that the Charter would never be obtained as'they were going on , or told bim to ' look at the Queen -with her hundreds of thousands a-year spent in waste , ' while I had to work hard for a bit of bread _. and that I would blow Her and the — foreigner to hell . 1 iwear
, also , that I never told him I could show him materials enough to blow London to hell in half an hdur . I know James Bennett , a shoemaker . I don't think I saw him about a week before the 10 th of April , bat _Imsy have-donesor I don't remember asking him _whafSeTmeant to do on the 10 th of April , but I cannot swear I did not do s _» . I won't swear I did not ask him if he _jiutendsd to go to the meeting armed . I swear I did not say he was a———feolifhe did not , and tbat I should do so . I believe I have said to him that I had bean making some hand grenades that would go half way through an inch board . 1 said this wheu we were coming home together from a
meeting in Holborn . 1 cannot recollect when tbis happened ; - It was not in August or-July , but it _rnaf ) have bBen between May and June . I don't think it was before the lObhv of April , but I really cannot say . It was not true that I bad been making hand-grenades . I only said so for talking sake . I told this falsehood for talking sake , but I am not in the habit of doing so ; The others wero tolling me different things which I did not believe , and I thought" ! would tell a lie too . A man named Watson was _with'Perihell and me . ' I also told them how I made the grenades , that , wasa lie too . Mr Ballantiue . _^ . And are you not oalled ' ' _Iirina Tom ?'—Not to my faoe .
Mr Ballantine . —How wera these grenades made , _didyousay ? Witne « , —Why , I told them that gunpowder must be put into an ink-bottle with an explosive oap . and I i _™ .. ay Idid Bay that it would tie a capital thing to throw among the polioe if it had some nails in it . I don't think I told them that _ablaoking-bottlehsl ! fall of gunpowder mixed with nails would do aj well as anything to throw among tbe police , after it waa ignited by a { usee , and th * t it would break the —«— - ' a . legs . I never said to Bennett that I'hsd gotten men , and , with four or fire more , I oould easily take the Artillery ground . I nerer produced 1 any plan qf . London , to Bennett ; lknow _apenoa
Lice 6 'Wete 'The Execution Of Tbeir Dut...
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Citation
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Northern Star (1837-1852), Sept. 30, 1848, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/ns4_30091848/page/6/
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