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TEE SPECIAL COMMISSIONS. (Confirmed daily from oar ortn Correspondent* )
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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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STAFFORD , Fbjdat , Oct . 7 . Convictions are qviteihe order of the day—no matter bow Epotkss may have been the characters of the prikoaers-no matter how excellently they may have conducted tfeemaoives as good members of sodttj , w . the capacity of fathers , husbands , children , or BeivintBno nutter how devoted they may hate been to the altar of their God , or faithful to their Sovereign—the moment they ax © charged with having been eanght within the magic ( arc e f jrmed by the police , all those excsllencies , lil those viitaes sis lost sight cf , a&d they are viewed as the very -worei characters that can be possibly conceived . X . y , its men who are summoned as jnrera to d . ' . r ine fete of those esnken , degraded , naked , tu = r ;; i ] g citn , have been bri < --l to declare openly , thai to matter how good their past life have been , it shall avail them nothing whea they oome before them . This principle is as novel to Eeglishmcn as the mode that is adopted of tbeir returning verdicts seriatim , -where tire tats of thiity or forty fellow-beings is to be decided .
Yesterday , fonr priaosers were eoBVicted of a lw- 1 ee&y and burglary is . the house of Hi . Hill , a p * wn- ! broker , in tke pariA of Steke-upoa » Trent . Is -now j appears that those wretched yoocg men , inster . d cf being burglars , were actually carried away by tfes tide ol people , who ^ rere bending tfcsir course in that ¦ direction ; and feat when they salt the mob attack j the pawnbroker ' s , and that their # oods were iikely to i be destroyed in "the general scramble , that then only , they taok awaf a portion of those things in order that j they might keep them safe , ami 4 htn return them . If j this , as no docbt it shall , react iha Judges' ears , it will j have a great effect npon the portion of -punishment j that will be me tad out to them . Another ciost curious j pawnbroker ' s prosecution cwae on this day , before j Baron P . ar £ c The prosecuter , George Henton , of j Hanley , a-thild of fourteen years and ten * zumths of age . ! This child positively svore , that the establishment was j his , that Bsither his father nor his mother , cor any one ; else had the slightest control over it . and that he might \ do whathe pleased with U » proserty .
It is worthy of remark that , this precious youth , aDd ¦ what iff-tcrmed " Uncle , " -swore that-he lost on the day of the * itack , £ 1 , 000 worth of pledges . Now , as he is under age , the persons -whose property was said to be stolen could have no hope of remedy again * t him ; but if it was proved that his father , who lives in the adjoinisg house , had an iatereit in the concern , then they eooldajake him pay foe it . Bat now they are deprived of that remedy . There was another -strange feature in the case . A fama- ' A named SasazjDfife Yeates -was indicted for haying taken a part in the attack , but the .-jary having deslared that they could not agree , were nocut to retire , when 2 £ r . Sergeant ludlcxr told them that the Crown , to ah « them trouble , wsuld forego the prosecution . In this , as in Hill ' s case , it wa 3 proved that many persons brought back the pledges that they had taken on the day of the attack for safety .
There were two Men , Touthe and Roberts , acquitted this day . Their counsel applied for their release as a -matter of course . But , no ! they would not b ^ allowed their discbarge , and were told itat they would not be released until the grand -jury returned , which will not be -until the Moaday , as they - axe on leave of absence , "that they may go grouse shooting . So , to suit the con-Tenience of those masters of the hack-ridden working classes , these poor fellows are deprived of their liberty until next Monday . There were twelve convictions this d 3 y for petty cSesces , such as begging earnestly for eleemosynary assistance . Twelve new prisoners were brought in from the Potteries , and warrants are oat for a great number more . In fact , our calendar is d&ily swelling out to a frightful bulk . Oh to-morrow the . prisoners from South Staffordshire , iamoiiget whom is O'Neil . ) will be brought to be tried before ilr . Baron-Paike .
It was admitted by Sh-riey , the cock of Mr . Haivey , of Haaiey , tfcat the colliers who went to the house , merely asked for assistance , and that ten of them went away upon receiving -As . 6 d . amongst them . This will be found to be the case in icany oilier instances , wbere it is said that large mobs riotously and with tkreats demanded money . Tee fac : is , that the royal proclamation , offering a reward cf = £ 50 for information and conviction , hss ¦ worked wonders in mignifyicg the ideas and enlarging the fears of many of the individuals who have figured away very conspicuously in the courts here since last Alonday . TRIAL OF Mr . WILLIAM ELLIS . —3 IO 3 T
EXTRAORDINARY PROCEEDINGS , Before Chief -Jadice Tindal . The trial of William Ellis commenced this morning , before Chief Justice -TindaL He was indicted , with about eighteen others , fer setting fire to the house of Mr . Aitkens , on the night of the 15 th , or lather on the morning >( two o'clock ) of the 16 th of August . But a few minutes elapsed before another exhibition occurred of that unfairness and cruelty to which he has been throughout Bubjetted . Immediately after the prisoners had been arraigned , Mr . Allen made sn application to the Jndge , that Mr . . Ellis might r > e tried separately : he grounded his application on the fact that
till the readir . s ; of t « e indictment a few minutes ago not the slightest netics had bean given to the prisoner of the present charge ; indeed the commitment by the magistrates , the publications in the newspapers , and all the attendant proceedings had induced the belief thai the charge to be preferred would be High Treason ; for these reasons , and many other , which he most « loqnenlly elucidated , the learned counsel requested that Mr . Ellis might be allowed a short time to prepare his defence , and tbat be -might also be allowed to peruse the list of witnesses , ( this had been refused last night to Mr . Roberts ); and , lastly , that he might be tried separately from the other prisoners ; it was most unfair to mix up his case with theirs , as the prejudices against the prisoner wonld thereby be fearfully
increased . This application was at ence refused , and the trial proceeded . An application by Mr . Roberts last night , to see the indictment , and to look through the list of witnesses , there being thirty-two now subpoenaed , although only four were before the magistrates , had also been refused . Indeed , till Ellis placed his foot "in the prison van , he had not the slightest intimation that he was to be tried to-d 3 y , or of the charge against him . The trials , it is expected , will last till Monday night Six counsel are engaged in the defences , asd they are tAX-doing Vieir duly .
Mr . Allen and Mr . Neale defend Ellis . As to the issue , I can form no idea ; judging from the evidence already adduced , I should say that all would Vs acquitted . The witnesses swear as Sard , perhaps , is they did in Dr . Yale's case , but they seem getting sick of the badgering they receive . From the hands of tha prisoner ' s counsel they meet with no mercy ; one after snotLer their former lives and characters are exhibited ; and I really believe that a more worthless Bet eever occupied the dock than some of those who are . now polluting the witness box . In reply to a question put to Mr . Roberts , respecting his opinion as to the resElt . be answered that he bad not the slightest hope for EUis ; although , so far as at present known , there is no evidence whatevar to support the charge against him . The Anti-Cora Law men have determined that Eiiis ¦ hall be got out of the way "; and they have too much influence in the selection of the jury .
The progress in the tares courts has n » fc been so rapid as was expected . Not more than ten or twelve have as yet been tried . The prisoners being all defended , and well defended , acts as a "Drag on the -wheels of Justice . " Bsfore I conclude , I must mention another circumstance illustrating the special ¦ spirit cf this commission . When the three Courts opened , Mr . Roberts found it impossible to attend personally to all his cases as they were going on ; he was desirous not to leave the Court where Eills was being tried ; he , therefore , requested Mr . Peplow , the Cfcartist Secretary , to come backwards and forwards between the different Courts , so that no case might be neglected .
For a short time this was permitted , but no sooner ¦ was Peplow ' s well known face observed by the magistrates on the Bench , than the doorkeeper was directed to inform Mr . Roberts that Mr . Peplow could not be again admitted , and that he , Mr . R ,, must " go out to him on every occasion , " when he wished to see him . This impu 6 er . ee was too oppressive to be borne ; Mr . Roberts immediately went into the Hall and demanded of the doorkeeper the reason for this interruption ; the doorkeeper replied , that he had received his orders " not to admit no Chartist * no how . " Mr . R . explained to them—for all the doorkeepers had received similar instructions—that he was defending prisoners whose trials were expected to come on in each of the three Courts , and that it was ¦ - quite impossible for them all to be attended to , unless be was persxitted the same privilege as was granted to other attorneys , and that he could not possibly guard against the case of a trial being called on suddenly , and the prisoner being undefended , unless he were allowed
to communicate from time to time with the other courts . Bat the lireried dogs in office were inexorable ; they " wouldn't admit Peplow , not no how nor by no means . " An application was . then made to the High Sheriff , —the chairman of the public meeting wbere Peplow figured so conspicuously and effectively some time ago , —but this worthy dispenser of justice , so ignorant as not to be able to spell correctly the designation of bis office , declined to interfere . Mr . Roberts , however , determined that the point ah&uld be settled fcy some higher authority , requested Hr . Neale to apply at onoe in open court to the Chief Justise , and this was iinmpidfeitely done . Hz . Neale quietly represented to Us Lordship that Mr . Peplow , who was ' ¦—' T ^ g Hr . Boberts , of Bath , had been excluded from the court on the ground of his " being aChsrtiat" Some little discussion ensued ; the Sheriff ' s ¦ witntng to interfere was mentioned ; but the result was , that the ban of exclusion was removed , and Mr . Peplow has since been permitted to move about as he thought proper .
Several witnesses ham been examined , bat none of them hare deposed to a single act or word of EUis : AS will , however , have to bear the odium of the many
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acta or oatrajte alleged against his fellow prisoners . ' It is easy to say , that when the Judge sams up , he will take care to divide the eases , bo that the jury may decide each on its individual merits ; but experience has aho wn that there Is no plan for convicting an innocent man , more safe , than the classing and confuting , him with those who are really or apparently guilty . The trial is adjourBed till to-morrow , and probal iy will not terminate before Monday . ( Befort Mr . Baron Rolfs . ) The Dtiecners , Jones , JarTis , and Parry , wa / e arraigned for arson , just at the rising of the ConrL But in consequence of the lateness of the hour their trial was adjourned till to-morrow raqming , and the Jury having been sworn in , were lock id up for the sight . CLOSE OF THE TRIAL OF THE PRISONERS CHARGED WITH ATTAKINQ MB . £ ENTON'S
HOUSE . The several Counsel for the prisoners haTlng dosed their addresses to the Jory , Mr . Baron PaBKE charged ih * Jury . Mr . Serjeant Ltjduow said , that on behalf of the prosecntion he begged leave to say that he weuld not press the charge against the ¦ woman Yeates or the boy Toutb . These two prisoners were accordingly discharged . Toe Jury , after s short deliberation , returned a verdict of Kot -Guilty against Farrington ; and of Guilty for basglary -ar . d larceny against Kilssn , Simpson , Parkes , and Banks ; and of larceny alone against Barrett . All tbe prisoners were again arraigned for a riot , but the Crown declined prosecuting , and they were consequently acquitted on that indictment .
John Eall , James Lockett , William Roberts , Edwin Moss , and James Saunders , were indicted for having , on the l-4 th August , demanded , and with menaces obtained , three shillings and sixpence from Ann Shirley , set-vast of Mr . Harvey , in the parish of Stoke-upon-Treot , with intent to Bteal the same . Mr . Serjeant Lpdlow stated the case . Mr . Spookee defended Roberts . Ann Shirley , cook to Mr . Harvey , said , that on tbe 14 th erf Angust ten men came to Mr . Harvey ' s house demanding money . She was enabled to recognise only Hall . They told her that thsy came to try their generosity , and if ~ tbcy had any to show it . She gave them ¦ £ s . 6 d ., and another servant Is . also . They said thst they had been at Bailey Ros ^ b house , and had Bailey Rosed him in good style .
Mr . Fairbanks , groom in the service of Mr . Harvey , said that a mob of ten men , armed with stick 3 , cade to the house and demanded money , saying that they were in want , and that if they were not relieved SfiOd men would be there directly . When the last witness gave them 2 s . 6 d . one of them said , "here , gentlemen , isi ^ d . for each of you . " They asked him fur money , and he handed them Is . They then told him where they were that day . Thomas Procter identified the five prisoners as having gone with the ten to Mr . Harvey ' s . The mob were armed with sticks . — Ellis , a servant of Mr . Brassington ' s proved having seen Saunders , Lockett , Hull , and Roberts at Mr . Harvey's house- He did not see Moss . The prisoners divided the money amongst themselves , and Roberts said that it was a pity to take the money from the servant . This closed the prosecution .
Mr . Spoonek addressed the Jury on the part of Roberts , and having called witnesses for the defence , his Lordship -charged the Jury , who deliberated for a short time , and returned a verdict of Guilty against Hall , Lockett , Moes , and Siunders , and Not Guilty against Roberts . They were again indicted for robbing John Brassingtsn on the 15 th of August On this charge the Crown did not prosecute . Tbe Metropolitan Blue Bottles are here in disguise , eo we may expect more informations aad more arrests .
SATURDAY , Oct . 8 . The " EUis" Tragedy was re-commenced at half-past eight o ' clock this morning , and we then , for . the fir 3 t time , heard the evidence against Mr . E . lis . The only witness to prove the prisoner's pre 33 ncc at Mr . Aitken ' s fire was George Goodwin , a cabinet-maker . It was known that on this man ' s evidence the whole case depended ; and the conrt , while he was giving it , was in a state of breathless silence . Goodwin's story was to this effect : —He had been at school with Ellis twenty years ago , but 6 ince then he had never spoken to him .
( In his depositions before the magistrate he stated that be had known Eilis seven or eight years ; . On the night of the fire , two o ' clock in the morning of tbe ZSth August , he was standing outside the railing which eurrounded Mr . Aitkbn ' s house , and observed a man with hi 3 face " blackish , " " sort of brown , " " very dark , " " not exactly black , " standing within-side the rail , looking at the fire . Of this man he " eatched a view , " and he swore it was EUis . ( In the depositions be had Bworn that Ellis ' s face was " blacked . ") These discrepancies were , with . many others , elicited in a most powerful cross-examination by Mr . Alien .
lir . -Goodwin a'so stated that only a week elapsed between the fire and Mb making the depositions on which Ellis was committed ; the fact being tbat four weeks instead cf one was tbe real interval ; the tire , it will be recollected , occurred on the night of Mon day the 15 th cf Augnst , and the depositions were taken on Tuesday the i 3 : h of September . It further appeared in the examination of a subsequent witness , that Goodwin was drunk at the time of tbt fire . Other witnesses swore to inflammatory language on tbe morning of the 16 th Augcst ; but the only expression which could at , all be said to allude to the recent fire was to tho effect that " Fires had assisted the carrying tbe Reform Bill . "
In order that the object of these lest witnesses may be understood , we must refer to the Solicitor-General ' s opening address so far as relates to Ellis . Goodwin , it will be seen , had sworn to no act implicating Ellis in the destruction-of Aitken ' s house , or in approbation of that destruction , beyond the fact of his presence ; and it was admitted by the Crown that many persons were present from motives of idle curiosity , and who , of course , if they took no active or encouraging part , were not -criminal . Our extract is 4 rom the Morning Herald : —
" He ( the Solicitor-General ) would not be able to show that he ( Ellis ) took any active p&rt in the destruction of tbe property by fire ; but to judge from his expressions and conduct on previeus occasions during tbe day , they would be able to judge whether he was there with an innocent or laudable p&rposs , or from idle curiosity , or as a leader and e *> tourq $ er of the mob , aiding them in their attack on tbe house . They would find that after the previous outrages , Ellis had spoken of them not in terms of condemnation , tot of praise and approval "
Before going any further , we may be permitted to express a doabt of the correctness of Si ? William Follett ' s law with respect to after expressiais . The law is , that tbe prisoner , to be convicted , ahall be proved to kave been acting , assisting , eacouragicg , or approving in the destruction on which the charge is founded . Now admitting that EUis were proved to have been at the fire , and afterwards to nave expressed himself in terms of apprebatioa of that fire , it is by no means a fair inference that at the fire , he was an approving party . His approbation may have arisen from subsequent reflection , or from facts that afterwards occurred . Not a word , as we before said , was elicited to the effect that Ellis had at any time either directly or indirectly approved of this wanton destruction . Bat if the case were otherwise , we submit that a subsequent approbation does not prove a " then" approbation .
Several other witnesses were examined , but whose evidence did not apply to Mr . Ellis . We pass these by in the belief that we shall best satisfy our readers by confining ourselves to the principal victim . Mr . Allen then commenced his reply ; and never has it been onr food fortune to listen to a more eloquent appeal to the justice of a Jury . The Learned Counsel disclaimed the argument which would still be in favour of EJlis , even if proved to have been at ttc fire , and hn took but slight notice of the discrepancies which he had bo ably elicited in the cross-eraminatiou of Goodwin . He boldly rested his defence on the fact that Ellis was not at the fire ; that he was in bed at the time ; and this fact he would prove by such undeniable and cogent evidence as should be beyond the
ingenuity of the Counsel for the Crown either to pervert or shake . It has been said that Ellis ' s face was blackei , and the barber who shaved him on the following morning hid baen snbpooaed by the law officers for the prosecution . What was hesubjeened for ? H = was Eubf ceaed to prove something ; what was it ? Tka barber who had Bhaved a man on Tuesday morning would no doubt be able to B 3 y something as to whether his face were blacked on the previous night He waB therefore a most proper witness to pr ^ ve what , perhaps , was the most important point in the inquiry . " The Crown had enbraaaed him , but they had not thought proper to call him : they had not dared to put him into the witness box . He would—He , the Counsel for the prisoner , would examine the witness for the Crown . "
The thrill that pervaded the Court at this announcement was electrical . The Crown ofiicers looked aghast ; the examination of the prisoner ' s witnesses commenced . The first witness called was Jane Brooks . She deposed that on Monday , Angust 15 th , EUis had been at his lodgings all day ; that he had lodged with her for the last three years . During the whole of the day he had been at borne p » tnHTfg picture-frames , and had never been absent more than a few minutes at a time . In the erening two men called , who left abeut eleTen o ' clock Late at night Ellis and his wife went to bed : she could not tell the exict time , bat she knew it was much after twelve , having •« heard the bells . " Mrs . Rogers was with her husband at tbe Ellis ' s , and took the candle oat of their zoom . After that the Rogers ' s left , and the witness bolted the onter door . No one could leave the house without her knowing it
Mrs . Rogers confirmed the above- She stayed with Mrs . Brooks about half an hoar after taking the candle from the bed-room of the Ellis ' s ; they were then in bed . While going to her lodging in the town the clock struck two . Mr , Peter Rogers eave similar testimony .
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Mr . Heath swore to going with Ellis to a barber ' s on he following morning , and afterwards to a grocer ' s in Hanley . ,.. Then came file barber , Mr . Billingten . He had been subfcsnaed on the other side , and produced bis subpoeoa . He recollected shaving the prisoner on the morning of the 16 th August His face did not appear to have been blackened ; had it been so , he should have perceived it The next witness was Mr . Llvesey—He was at the fire from half-past one till three . Sid not see Ellis there . Saw Goodwin there ; Goodwin was drunk . Mr . Bradley gave testimony of a similar nature .
All these witnesses were subjected to a most rigid and searching cross-examination by the Solicitor-General , but the Learned Counsel failed to shake them , although he bad recourse to all his well-known quiet ingenuity in such cases . The only variation was between the evidence of Mr . and Mrs . Rogers , as to the question of whether they breakfasted or dined with the Ellisea on the day after the fire . Thai is my defence , said Mr . Alxek : and the Court was again immediately hushed for the Solicitor-General ' s reply . But the law ofiicers of tbe crown were paralyzed . It was lost ; the next day was Sunday ; the reply was postponed till Monday morning . The unfairness of this is too glaring to require comment Mr . Roberts was most indignant It was , however , utterly useless to compla ' n . Mr . R . asseris his conviction tbat tbe trial was lengthened out till Saturday night with the express view of having Sunday to get up another case against the prisoner .
We are happy in being able to say that the universal feeling among tbe townspeople is , that Mr . Ellis will be acquitted on the present charge . We wish that we could be as confident of an acquittal on the others , but tbe Anti-Corn law policy is to get rid of Eiiis by transportation . Still we have hopes , though they are very slight . EUis is a man so quiet in his manner , his language , and disposition , that the Sidney Smith and Cobden men feel the absolute necessity of " fixing" him . His power as a popular orator is very great , and his exposures of their grinding treachery have earned fox him their eternal hatred . Stafford , Sunday Night .
The work is going on . The Judges ascend the judgment seat each morning at half-past eight prtciselythe jurors are empanelled—the prisoners are arraigned — the Crown prosecntors state the case—well-drilled witnesses are sworn—the juries are charged—the list of prisoners is handed up to them—a verdict of guilty is return-ad , and the victims are hurried back to their dungeons , while their places in the docks are aa quickly fiiled np as are the ranks of a battalion , whom the grape aad canister shot of an enemy mow aovra at every well-directed fatal volley . By this mode about sixty fellow beings have been convicted , and are now , with all tho agonizsd feelings of parents , sonB , and brothers , torn from their families , awaiting tbe sentence of the tribunals before which they have been convicted .
Some few are escaping from the meshes within which they were temporarily caught . Amongst those are Jones , Jarvis , and Parry , accused with firing Mr . Harding ' s house . A fellow named Potts , who had himself been canvieted of felony , was the principal witness . His evidence bore all the character of the dealers of blood in the Daneraile conspiracy in Ireland . He , a stranger to the men , actually swore that he bad seen them in the opun daylight , and on the public road , preparing tbe combustibles that set fire to Mr . Harding ' a house . A servant girl swore to having heard , one of the men speak ( he is a Welchman ) good Euglieb . The Coroner's cler i positively swore tent the accused could scarcely utter an intelligible word in EngliBh . The evidence against those poor fellows was not for a moment believed , and they were accordingly acquitted .
A lad , named Crutchly , was arrainged before Mr . Baron Rolfe for cutting , with intent to do bodily harm to a policeman . The only evidence against him was the policeman , who , it appeared , while in coloured clothes , went up to him and attempted to arrest him . The youth very naturally hesitated allewing himself to be arrested by an unauthorised person , and in the excitement of tbe moment drew a knife from his pocket with which he cut the policeman across the knuckles . For that offeDCB ! he youth , who is only seventeen years of age , has been sentenced to transportation for life . Two other youtha , named Whittingston and Priest ,
were indicted for a riot and assault The evidence against them waa that on the day of the turn-out at Messrs . Barnes and Best ' s colliery , West Bromwlch , they were seen at a public-house door near the colliery , with a crowd of forty persons who hooted the men that worked for reduced wages . It was further proved that Wittingston Hang a bit of turf at one of those men . But the only thing proved against Priest was his being amongst the crowd , while It was not pretended to be insinuated that he took either act or part in what was done or said by tha crowd . Yet both these men were found guilty of a riot , and an unlawful assembly .
Griffiths , Jones , Byrne , Gettinga , Fownes , Bowling ( a man completely deaf ) , Pitts . Walker , Gould , Solomon , and William Jones ( a boy ) were arraigned for " rotously assembling and forcing the men to leave Mr . Silttr' 3 colliery . " Charles Dj . cks , constable , and hia two sons , were the chief witnesses against those prisoners . Their testimony ¦ was , aa a matter of course , quite conclusive as to the identification of the prissners . An old fellow uauied Eaiais , an engineer , who deliberately swore that he wculd have billed any of them that approached him , was equally successful in his evidence . Tnese witnesses for the Crown gave a most frightful description of the mob , which consisted , aa they said , of 200 persons , all of whom £ ed as soon as Banks raised his hat upon a slick . He then pursued them . While pursuing them the yeomanry came up , and the brave constables pounced upon the men , giving as many as possible : into
the custody of the yeomen . Griffiths produced a letter to show that he was on his way to a gentleman who had written to him to give him work . Bowling said that he was stopped by the mob , who said that they were " looking for a loaf . " Solomon said that he had his option to beg or steal . He waa endeavouring to avoid both , and wa 3 out looking for work , when he waa seiE ^ d by the yeomen . Mr . Fellows , a constable , gave Gettings an excellent character for twenty-five years . Pitts , Walker , and the other prisoners received similar good characters . It was proved that Gould expostulated with the mob to prevent them committing any nets of violence . Charles Dinks and Oust-on , the specials who appeared as witnesses , had black eyes , which they had , on the previous night , inflicted upon each other in a fight in the street Pretty scoundrels ! to appoint conservators of the public peace . On this evidence the prisoners , with the exception of Gould , were found guilty .
Six unfortunate men , charged with stealing sixpence ! ! ! pleaded guilty late on Saturday night What an idea ! Six stout , able-bodied men to go out on the public road , aod be contented with stealing a sixpenceJ Such an idea is so preposterous , that no sane man can entertain it for a moment Yet those six men are now in their dungeons awaitiig their sentence for that crime . Mr . Eilis , tbe particulars of whose trial on last Saturday are subjoined , will , no doubt , tinless a miracle saves him , be sacrificed . Oa this day the Crown has sent down to tbe Potteries for fresh evidence . The messenger has been sent off express , with orders to let no txpence interfere with his getting up evidence to break down the alibi so satisfactorily proved yesterday by witnesses of the most irreproachable characters . This maco 3 uvre of the enemy has greatly embarrassed
the solicitor and counsel for the defence . An express , I believe , has already gone to Mr . Allen , who ia at Birmingham , to return with all haste , that a consultation may be held with him , Mr . Lee , and Mr . Huddles ton , as to the best course that can be pursued on the emergeccy . As we are completely ignorant of the nature of the evidence , or character of the witnesses to be adduced , it is impossible to say , or even judge , ^ hat may be the result Before this extraordinary , and , if I may use the expression , extrajudicial attempt of tbe Crown to secure a conviction , all , not excepting t&e Queen ' s Solicitor-General , were confident of Mr . Eilis ' s successful escape from the snare laid for him . But now it is all doubt , fear , and SDxitty . He is also indicted for blasphemy ; not only that , but he is likewise coupled with Capper and Cooper , in an indictment for conspiracy . What hope can he or his friends have ?
I have heard of two most flagrant instances of bullying witnesssa by the Grand Jury . One witness , who was stating the facts as he knew them , and which were favourable to tbe accused , was ask 6 d , " Was he giving evidence for or against the prisoner ? " Them&n simply replied that he was merely telling the truth , which be wcuU before the Judge . Another witness , who did not give his testimony to the satisfaction of their mighty highnei 3 es , experienced a Bimilar rebuff . Those things will come out when the prisoners against whom they were summoned are tried . It is expected that Mr . Cooper will be arraigned on Tuesday . It is truly heart-rendiDg to view the number of poor fellows here , who , so far from being able to defend themselves , have not the means of paying for the depositions against them ; and they will , whan broaght up for trial , be led like sheep to the slaughter . And that from the unpardonable apathy of the Chartists , in not having established a sufficient fund for defending these victims of tyranny and class legislation .
The following fact shows the paltry means adopted for securing the conviction of Mr . Ellis , by taking him unawares , which , by the by , would be rather a difficult job . At seven o ' clock on Friday morning , Mr . Roberts went up to tbe gaol to ascertain if he would be put on his trial that day . Theirply was , " Oh , certainly not , by no means . Mr . Ellis will not be tried tola day . " Yet , within twenty minutes of that assertion byhis gaolers , Mr . Ellis was put In the prison van , and conveyed under an escort of dragoons to the Court House , and at half-past eight arraigned at the bar , and put on his trial .
This day the Judges and prosecutors had a consultation as to whether they should sentence on to-morrow . Their decision , according to report , was , that they will not proceed to sentence until the prisoners are tried upon the multifarious indictments with which they are charged , and that their sentences shall be proportioned to the number ef the charges under which they may be swnvicted . :
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reported Incendiart Fire . —A report reached here last night that an incendiary fire took place at Mr . Smith ' * at Elmlngton , a distance of air miles from Stafford . Engines with post horses were immediately dispatched to the scene of the fiery element , which had been got under before their arrival , through the working of the fire-engine from Earl Talbot ' s . Anxious to ascertain the truth of the report , I made the minutest inquiries , and the result was , that I learned that this great incendiary fire was neither more nor less than a fire which took place in an out-house of Mr . Smith , and which was caused by sparks that escaped from an adjoining forge . The report of an incendiary fire was circulated solely with the view of exciting , in the breasta of the jurora who are to decide their fate , a prejudice against the unhappy men tbat are to be tried . A magnanimous , glorious , Christian object , woll worthy those who had it in view !
MONDAY , October 10 . ( From the Morning Chronide . y At nine o ' clock the eighteen prisoners implicated in the charge of burning the Rev . Mr . Aitken ' s bouse were placed at the bar ; and tha Jury having been called over , the Chief Justice entered the court and took hiB Beat upon the bench . The court was rather more crowded than on previous days , and the greater number of the auditors in the gallery , were ladies , who appeared to take much interest in the proceedings . At the sitting of the court proclamation was made that unless all parties out on bail surrendered themselves in the course of the day their recognizances would be estreated . The Grand Jury having experienced some inconvenience from the non-attendance of witnesses , an order was posted up in the hall , stating that any one who did not appear when called would be fined . The following witnesses were then called : — Lavinia Beninc save Murray a good character .
The Solicitor-General said the counsel for the defend had some other witnesses to call to the character of particular prisoners ; but as they were not present , he would call one or two witnesses to speak as to the time when it was alleged some of the witnesses examined on Saturday night were in tbeir houses . Elizibetb . Wain , examined by the Solicitor-General—I live at Burskm . My husband is in town now I know Peter Rogers and his wife . They applied to me on the 14 th August to sleep at ray house . Sho came to me on the Sunday morning , and I agreed that they should sleep at my house . They slept at my house
on Sunday night , Monday night , Tuesday night , and Wednesday night On Monday night I went for them to Mrs . Brooke's between eleven and twelve o'clock . I went to the doer , but did not go in . My husband waa with mo . Mrs . Rogers came to the door . I saw her husband , and Mr . Gibba coming from towards Hanley . My husband was standing by at the time . Rogers and his wife , and myself and my husband , then went straighc to my house together . It was then about half-past eleven o ' clock . Rsgers and his wife then went to bed . We left Gibbs at hia own dcor . Rogers and his wife breakfasted at our house on Tuesday morning , and left between nine and ten o ' clock .
Cryas-ex ; imined by Mr . Allen—My husband is a clockmaker . We do not usually let lodgings , but I knew Mrs . Rogers . There was great excitement in the town on Monday night , and many people about in the streets . I think it was in August this occurred , the second week . I came to Stafford last bight . I did not come of my own accord . A gentleman called for me yesterday . I don't know what he was . I was never asked about these matters before . I cannot swear where I was on the Thursday preceding the fire , but I am certain I was at my own house . I was out on the Monday , about ten o ' clock in the morning , to bear about the firea . My husband smoked his pipe and wu had two glasses of ale at a public-house . I took two small glasses . I was yesterday told what Mrs . Rogers had sworn on Saturday . Charles Gibbs was with us at the time . He heard what was told to me . There waa something said about Godwin . I did not get any money yesterday , nor did my husband or Gibbs . We were brought in a carriage . My husband paid for the ale .
Re-examined by the Solicitor-General—I did not know who the gentleman was who camefor us . He pu questions to us , but did not write down the answers . There was no light in the room when he went to Mr . Brooke's house . Thomas Wain , husband to the last witness , examined by Mr . Waddington—I am aclockmaker . I know Peter Rogers and hiB wife . They came to lodge at , cut house about the middle of August . It was tbe Sunday before the disturbances . They Blept with us on Sunday night We went out about ton o'clock , and went up the town and came back again . I went to the door of Mrs . Brooke ' s with my wife . While standing there Peter Rogers and Charles Gibbs came np from towards Hanley . We were talking about the disturbances , and Mrs . Rogers came out We all four went towards my house . When we get home it was near about half-past eleven o ' clock . Rogers and hia wife then went to bed . Gibbs went into his own house as we were going towards home .
Cross-examined by Mr . Allen—I had been that night through the town of Burulein . I was not looking at the fires at Hanioy . I went into the Leopard and had a pipe . We had two jugs of ale . My wife drank nothiDg ; she never drinks in public-houses . I will swear she drank none that night . The gentleman who was with me paid for the ale . My ¦ wife was at home on the Thur ' sday eveniDg before the Sunday—at least I found her there when I got home . The gentlemen ¦ who came ysBterday never told us a word of what the Rogerses had sworn . Gibbs was fetched afterwards . I waa told nothing of what any witness had sworn on Saturday night . Nothing was said about a witness Gedwin . I was at home the Saturday before the burnings . I got to bed before twelve o ' olock that night- I can hear the town clock of Burslem from my house . Tbe clock was broken on the Saturday week by the colliere , bnt it had been set agoing again previously to Saturday , tho 13 th of August
Charles Gibbs examined by the Solicitor-Gene-Ral : I live at Burslem . I am a tailor . I know Peter Rogers well . On the night of Monday , the 15 th of August , I went with him to see if it was correct that Mr . Forester's premises were on fire . We went off about half-past nine tbat evening , and went to Hanley . The flooring and roof were on fire when we got to Mr . Forester ' s . We stayed about an hour , and then returned to Burslem : the distance is about a mile and a quarter . I saw Rogers go to Mr , Brooke ' s door , and then he went away with Wain and his wife . It was then about half-past eleven o'clock . Cross-examined by Mr . Allen : I was never aaked about these particulars before yesterday . I have previously mentioned that I had been with Rogers to Forester ' s fire . I was the first person asked questions yesterday . ^ I did not attend much to what was going on , as I felt rather nervous at being called on aa a witness at a short notice .
The Solicitor-General said it had been stated that the witness Godwin was drunk , although the question was not put to Godwin himself . He asked the eourt to put the question to him , in order to ascertain the fact . Godwin was then recalled ; and in answer to questions from the Chief Justice , stated positively that he was not drunk at the time he saw Ellis at the fire . In answer to Mr . Allen , the witness said there were no other persons , friends of his , with him at the fire . It was near three e ' olocfe in the morning . Mr , Allen then addressed the Jury on behalf of the prisoner Ellis , in reply to the evidence tbat bad just been called on the part of the Crown . The whole question they would have to decide was , whether be was present at auy time daring the burning of
Mr . Aitken ' s house , with his face blackened . The Crown had peculiar advantages , which they were not slow to make-use of—they had the dispositions six weeks previously , and were all aware of the nature of the evidence to be preferred against him , while the prisoner was in total ignorance of the movement of the Crown ; or of the evidence that was to be called against him . Such was the present practice of the criminal law in this country , and it was only on Monday last the prisoner was apprised of the nature of the offence of which he then stood charged . What could the prisoner do under such circumstances but endeavour to procure the best evidence at the moment to show that he waa not present at the time alleged in the indictment ? The Jury would bear in mind that the prisoner was then before them on a capital charge , and if
any reasonable doubt existed in their minds , he felt satisfied they would give the prisoner the benefit of that doubt . The Learned Counsel then proceeded to comment at some length , upon the evidence addnced in favour of EUis , and contended that they could not , after such evidence , believe that Ellis was at the fire . The discrepancies of the witnesses on Saturday night were of the most trifling and unimportant kind , while the main facts had not been disproved in the slightest particular . He could not help remarking upou the severity of the couise adopted by the Crown in employing the whole of the previous day in hunting up evidence to rebut that which had been produced in fivour of Eilis The Learned Counsel , after a most impressive address , said he would leave the case with perfect confidence to the decision of the Jury .
Tho SoliCiTOR-GENERi . L then proceeded to reply upen the evidence . He thought he should best discharge his duty by merely referring to the evidence that had been laid before them , and then submitting that evidence for their opinion . That there was a riotous and tumultuous assemblage en that evening there could be no donbt ; that they attacked and destroyed the houses of Mr . Forester and Mr . Parker by fire that evening was equally certain ; that a portion of the mob . In the first instance , proceeded to Mr . Aitken's , and broke the door and windows , and that they were followed by the remainder of the mob , who proceeded to the work of destruction , and ultimately succeeded In
destroying the house , was also dear . The question then was , had the prisoners been identified as a part of that mob , and had the prisoner EUis been shown to their satisfaction to be present aiding , countenancing , and encouraging the mob ? He did not mean to say that the mere fact of a man being there was enough to convict him of being a party to the criminal acts of the mob ; but if they could , by his words and acts , both before and after the transaction , connect a party with the conduct of the mob , they would then say whether he was there for an innocent or a criminal purpose . With regard to the greater number of the prisoners , he believed they could have little doubt , if they placed
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credenoe In the testimony of the witnesses , that they were guilty of the offence laid to their charge . The learned Counsel then went ore * the evidence against the several prisoners at great length , reserving EUis for the last ' He would then take the case of Ellis , and he called upon them to dismiss from their minds every , thing they had heard which was likely to prejudice their judgments , and to decide upon the evidense that bad been laid before them . When they called to mind bis conduct and speeeb . es on the morning of the fire , and bis subsequent addresses to the mob . they eouW have little doubt , if they believed he was present , that he was there with a criminal Intention . The Learned Counsel had not dosed bis addreas when our report was despatched .
( Before Mr . Baron Rolfe . ) . John Hollis , Samuel Slmpkln . Robert CHBh , James Mason , Francis Taylor , John Room , George Sharpe , William Duffield , George Fletcher , and John Brook , were indicted for an unlawful assembly at Mr . Host's colliery , and assaulting Benjamin Benton . Mr . Sergeant Talfo tjbd atated the case . It was the most serious charge that had arisen out of the riots in the southern division of tho county . Oa the evening of the 15 ' . h of August , four persona were taken into custody , and locked up in Wolverhampton , on a charge of riot ; the next morning a large mob assembled with sticks and bludgeons . The mob then went away towards one of the collieries , and in their way they met a constable named Benton . Some of the ' mob cried out , " That is the man who took the prisoners
yesterday . " On that some of the mob threw stanes at him , and ha made his escape into the house of a woman named Hanshaw , who had a son lying sick in bed . The poor woman being terrified , shut the door , but at last was compelled to open it , when the mob rushed up stairs and found Bsnton concealed in the room . They dragged him out of his hiding-place , and commenced beating him with bludgeona and cinders , and continued to do so until he became almost insensible . They cut and wounded him Id a most dreadful manner , and ha would show that the prisoners , or one of them , would seem to have desired bis death . He would show that the prisoner C . ish , after the constable had been severely beaten , raised him up from the ground , and said , "He has not , had enough ; " that
Clark then struck him in the face several times . In fact , the whole of the evidence would go to show that the assault was of the most serious nature , and the case would require the most attentive consideration of the Jury , inasmuch as the punishment which would follow a conviction upon a charge of that nature would be of a very serious description . The Jury would hear from tho witnesses a description of the kind of cinders with which the constable had been beaten and cut ; they would hear that they were not of the light description commonly known as ciudera , but of a weighty and most dangersus kind . It would be shown thaS , after having beaten the constable In ihat savage manner in the house , they dragged him to the brewhouse , and some of the mob called out , ?• kill him , kill him . "
Benjamin Benton was then examined , and doposed to the facts as stated by the Learned Sergeant in his address . He identified Mason as one cf the mob who struck him with a cinder . He saw John Room up stairs when they were beating up ; but Iio could not swear that Room ill-treated him in any way . ; He was amongst the mob . Hollis was one of-the party i& the brewhouse , and struck him on the head with a large stick two or three times , After the mob had beaten him he was taken home in a cart and put to bed . He was attended by Mr . Best , surgeon , and bad not then recovered from tho effects of the beating he had received . Mr . HODdleston , for the defence , subjected the witness to a long and searching examination , but nothing material was . elieited . James Hensha w was then examined as to the attack on bis house , and corroborated the evidence of the Ia 3 t witness . .
John Davis said he distinctly heard one of tho mob say , after they had beaten Benton , " D—m his eyes , he is dead enough . " Benton was then lying on the ground bleeding very much . He was then quite insensible . He heard Drew shout several times , " Kill the . " The assault was committed about eleven o ' clock ia the morning . Simpkin stopped the cK-ck In Henahaw's houso by kieking it over . Never mentioned that circumstance before to any person . Witness identified Hollis as one of the party who surrounded and attacked Benton . On his cross-examination , he said he had never been asked about the clock , but it waa the fact He did not know any others of the prisoners . : The trial was proceeding when our report was despatched , and the case is likely to occupy the remainder of the day .
( Before Mr . Baron Parke . ) Thomas Rowley , John Rowley , Thomas Smith , Mark Baugh , r . nii CorneliuB Hicken , were arraigned for a riotous assembly and riot , and for an unlawful assembly , on the 3 rd of August , in the pariah of Norton Kanes , South Staffordshire . Mr . Sergeant Ludlow ar . d Mr . Godson conducted the prosecution ; Mr . Metetard appeared for the defence . Mr . Hanbury , jun ., was part proprietor of the Brownhill Colliery , Norton Kanes . On the 3 rd of August ,
abeut 300 persons , armed w ; tii clubs , came to the Croft-pit , and required the men to leave work , saying , "We will have the — out . " As the men came out he protected them as well as he could . When the men reached tbo pit ' s mouth , one of the mob read a paper , containing a resolution of a public meeting , which was to the effect that the meeting had agreed that the men should not work for less than four shillings a day , for nine hours each day , including one hour for dinner . They were also to have two quarts of beer each day .
Marlow saw the mob who knocked up the men at the tie ^ dhouae pit belonging to Mr . Hanbury . Rowley , Smith , Hicken , and Baugh were there . Baugh was a leader . Jamea Yeates saw the mob at the first pit of Mr . Hanbury , which was called the Craft pit He then saw them at the Seed-house pit , frem which they compelled men and horses to come out . There were four pita , belonging to Mr . Hanbury , within half a mile of each . He saw John Rowley active at the Seed-house pit John Rowley was there . Sarah Martian—Mr . Hanbury ' s colliery consisted of four pits , viz ., the Craft , Seed-house , Rising Sun , and Shallow pits . On the 3 rd of August she saw a mob of 150 persons coming two and three a-breast , with Baugh at their head , from Pefsail , towards the colliery . Witnesses to character having been called by the pri-Boners , his Lordship summed np , and the Jury returned a verdict of Guilty against all the prisoners of " an unlawful assembly . "
John Rowley , Thomas Rowley , Mark Baugh , Samuel Smith , Matthew Hart , Joseph Key , and Cornelius Hicken , were arraigned for a viot , an unlawful assembly , and an assault , with others , on the 13 th of August Mr . Sergeant Ludlow said that the Crown was not in a situation to put Samuel Smith on his trial , and therefore wished him to be acquitted . The Court accordingly directed his acquittal . Mr . Meteyard defended the prisoners . Mr . Serjeant Ludlow stated the case , which made Mr . Hanbury's colliery the scene of the riot and assault
Mr . W . Hanmry , jud ., was at his colliery ( the Brow . n Hill ) , near tb . 3 backyard , on tbe 13 th of August . The four pita extended over 400 or 500 acres . On tbat day he saw a mob approaching the men , four ef whom were repairing the bank . There were bawows at the place . Witness said , " What do you want here ? we don't interfere with you ; why do you interfere with va ? " The mob cried out , "You get bread and cheese here ; we can get none , nor shall you have any . " He saut , "Why must not we ?' One cried out , " Re : id tha law ;" which a man did . The law stated that the miners should not work under four shillings a day , for nine hours , including one hour for dinner . They were also to have two quarts of ale . The men of the pit were rolling spoil on barrows , which tb « mob overturned . Two cf the mob' went up to this man , Ciesswell , and collared him . Witness interfered ; when the mob seised witness by his legs and arms , and roiled him into tbe canal , into which he was filing , and went to the bottom . His head was covered with water .
Simu-jl Thnckyard worked at Mr , Hanbury ' s on the 13 th of August . On that day the mob came np , and said , " Put your tools down and go with us . We will duck you in the canal if you don't' * They came up in bodies of two , three , and fonr . and insisted on making the men go with them . They attempted to throw Cresswell into the canal . When Mr . Hanbury wm thrown in , he heard a cry of " Throw him in . " The prisoners King , Baugh , Smith , John and Thomas Rowley , were there . Mr . Meteyard addressed the Jury , and called witnesses for the defence . Thomas Creswell corroborated the previous evidence , and stated tbat Bicknell , the two Rowleys , Smith , and Baugb , were in or near the mob . —— Yeates , jun ., and Mr . Roberts , gave similar evidence , Mr . Roberts identified Baugh as one of the mob .
Sarah Martian also proved the above facts . She heard the mob cry out , "Come lads , knock up your work , put on your clothes , and you will aoon b 9 your own master . " She said that master was coming np , when one of the men said , " That ' s the b- we want" There were 150 men and boys -in the mob . Mr . MetetaRD addressed the Jury , and called witnesses for the defence . All the prisoners , with the exception of Matthew Hart , were found Guilty . A warrant was issued for the apprehension ef a man named Davis , who was induded in the above Indictment , and was out on bail , but did not appear .
( From our own Corretpondent . J CONTICTION OF HENRY ELLIS , JOSEPH LINNEY , AND TWENTY-ONE OTHER PRISONERS . —SIX TRANSPORTED FOR LIFE . ThAwork is done—the oppressors of the working clS £ ? an now rejoice , for they have ^ triumphed . Uhf FlH « iiTid Mr . Linneyare convicted . On Saturday } & £%£ & £ & ¦ allowed by all parti ^ that Mr fllifhad established a most satisfactory ahbt . But f Sunday ^ Xrvened , between tint alibi and the
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finding of the Jury . Of that interval the prosecutors madei the best poaaiblftUBe .. Mr .. Stepheneon , the Solicitor , set off for the Potteries on Saturday , and returned on Sunday night with three witnesses to disprove the alibi . That they did to the satisfaction ; of the Jury . The Solicitor-General , in his own oily , methodistioal way , turned the evidence of those witnesses got up at the eleventh hour—to hiso-wn purpose . He occupied two hours in that meritorious work ; that was hia duty , and for doing that duty he is paid . The Chief Justice was engaged five hours in summing up , an hour of which time was devoted to Ellis's case . His Lordship certainly took great pains with the case , but he dwelt 'with more than ordinary confidence upon the evidence si ted outlast night in the Potteries , to which he affixed the greatest jmpurtance . The Jury had to retire before the ;
had agreed . But bx their countenances on their return to court it was easy to discern how the balance turned . Their names were called over in the usual order , as also were the names of the prisoners . The clerk of arraigns asked if the Jury had agreed to their verdict . The foreman replied in the affirmative . He then read the list acoording to the verdicts . During the reading the most breathless silence prevailed . The list was aa follows : —Elijah Simpson , Guilty ; John Owen , Guilty ; Thomas Murray , Guilty ; George Kilson , Not Guilty ; Philip Deane , Not Guilty ; W . Spoor , Not Guilty ; Henry Howard , Guilty . ; Wm . Ellis , Guilty ; A . Wood , Guilty ; Elijah Clay , Guilty ; James Greene , Guilty ; Richard Croxton , Guilty ; JohnRaihboneiGuilty ; W . Dunne , Guilty ; Thomas Roberts , Guilty ; Wm . Fearne , Guilty ; and George Colciough , Guilty .
Mr . Ellis bore his sentence as if he was prepared for it . - A slight quiver passed over his countenance which immediately resumed its usual calmness . He and his doomed associates will be brought up for sentence to-morroiv . If transportation be their fate , the people may be assured that their immediate removal from this town will take place .
Before Mr . Baron Rolfe . John Room , John Hollis , Samuel Simpkins " , Robert Clerk , James Mason , and John Taylor were convicted of having attacked and beat a policeman named Beston . They were all transported for life . Charles Lee was arraigned for , and convicted of a riot . He was sentenced to six months hard labour . Joseph Linney , and Michael Byrne , were convicted before Sir . Baron Rolfe , of an unlawful assembly ; on the 27 th of August . They were indicted tor riot and assault , but that indictment failed .
Those convictions are what the people expeced . The Special Commission was not got up for a mere idle mummery . Sir Robert Peel and his party are too muoh men of business , to be guilty of such a folly as to send down to this county these judges , merely to strike awe by their presfince . No ! Work he and his party were resolved upon , and work they have done . What maybe the resuU of that work will be shortly known . The eyes of the country are upon tho Special Commission ; the feelings of the country ere throbbing around it , and the country itself will undioguisedly pass the r verdioc upon the object aud the operations of this Special Commission . Ntither fear , terror , or torture , has as yet reconciled a . country to a tyrant ' s rule . ;
TUESDAY , October 11 th . ( From the Morning Chronic ! : ) BURNING OF THE REV . MR . AITKEN'S HOUSE . CLOSE OF MONDAY'S PROCEFDIKOS . At the time my despatch was forwarded yesterday , the Solicitor-Generalbad not concluded his re ; ily upon the evidence . Upon the conclusion of his remarks the Court adjourned for ten minutes , to enable the juroia to obtain Bonie refreshment . ' Oa the re-assembline of the Ceurt , The Chief Justice , in his usual clear aid perspicuous manner , summed up the evidence ; and after a powerful address , which occupied nearly five hours , the Learned Judge left the case to the Jnry for thaic decision . The Jury nsked leave to retire fora fow minutes , and , at the expiration of about ten minutes , returned into Court with their verdict , which was read over by the Clerk of the Arraigns as follows : —
" Elijah Simpson , John Owen , and Thomas Murray , Guilty ; George Kelsall , Philip Dann , and William Spode , Not Guilty ; Henry Howard , William Ellis , A . Wood , Elijah Cray , John Cunliff , Joseph Green , Richard Croxton , John Rathbonc , William Turner , Thomas Roberts , William Fearne , and George Coldough , Guilty . " ¦ The prisoner Ellis burst into tears , on the verdict being announced . They were then ordered to be removed , and tbe Court ndjourned at seven o'clock till tho following morning . ( Before Mr . Baron Rtlfe . J The trial of Thomas Rowley , John Rowley , Thomas Smith , Mark Bauj .: h , and Cornelius Hlchen , for riotous assembly aud riot was proceeded with .
Tbe evidence against these prisoners was given hi my despatch of yesterday , at the time of cioaing of which Mr . Hudcileston was about proceeding to addreas tbe Juvy on the part of the prisoners . Having doue so , ' The Learned Judge summed up the evidence , and the Jury returned a verdict of Guilty against all the prisoners . The prisoners , being called upon by t | y clerk of arraigns , veheiuencntly protested their innocence . The Lsnrned Bahon said the prisoners had been clenrly found guilty of a felony , which disclosed a scene of tnrbulence andviolance rarely detailed in a ciurt of justice . They were indicted under a statute which , if pressed to its fullest extent against them , would have led to their being capitally convicted , and had they
been so indicted and found guilty , he should have felt great difficulty in recommending a mitigation of the extreme penalty of the law . They bad , however , by the clemency of the Crown , been indicted upon the milder provisions of the act , bnt still they were guilty of a crit : e little short of murder . During the painful investigation that bad taken place he had hoped there waa one bright spot in the outrages that had disgraced tbat part of th » country , namely , the absence of personal violence . Theirs , however , was a most atrocious case of violence ; they had been clearly convicted of it , and he would not be discharging his duty if he did not inflict npon them a marked punishment , and at once sentence them , one and all , to be transported for the term of their natural rives .
Charles Lee was inuicted for a riot at Mr . Johnston s pit at Bilston . From the evidence it appeared that a few men continued at work after the turn-out , but a great mob come up , among whom was the prisoner , ami brandished a cudgel in the face of one of the workmen , and by intimidation , and their numbers and violence , induced tho men to leave oflF work . The prisoner was defended by Mr . Whallet , who said it was quite unworthy of the Government to make such trifling cases objects of prosecution by the Crown . The man , if he hod committed the offence with which he stood charged , ought to have been brought before tbe magistrates and summarily convicted . The Jury found the piisoner Guilty , and he was sentenced to six months' imprisonment and hard labour . The Court then adjourned . ( Before Mr . Baron Parke . )
Joseph Linney , aged 33 , a man who appeared much superior to the general class of his co-prisoners , and Michael Byrne , were arraigned for an unlawful assembly , riot , and assault , on the 27 th August , iu the parish of Eingswinford . Mr . Ssrgeant Ludlow and Mr . Godson prosecuted ; Mr . Neale defended Linney , and Mr . Spooxeb appeared for Byrne . Mr . Sergeant LUDLOW stated the case . It appeared that ,- in conEcquence of a proposed meeting at Kingswinford , on the 27 th August , a notice of it was sent to tbe magistrates , who called together the yeomanry .
Whatever ( said the Learned Sergeant ) mteht be the criminality of others who took part in the late riots , a greater offonce against religion , morals , or the constitution could not be conceived than that which had been committed by the guilty persons who entwuraged tbe perpetration of those acts . He alluded to Lii . ney , an itinerant orator , who went about from place to place poisoning tbe minds of tha people . His ohj .-. iS was to exasperate and pollute the minds of the poor \ vorking claf 868 . No pnnishment could be too severe for p arsons who led the < n on to crimes , but who , coward-like , £ « d from the danger into which the r followers were p lj . « ed by their inflammatory harangues .
. Mr . Reuben Plant , a coalmaster , living at GoosEtr . iTbank , near Brcckmore-green , closeto Duwlfly ; examined by Mr . Godson—On Saturday , August 27 , he saw people going to a meeting near Brockraore-green . It had been a place for meetings . Oce was h' -Id tbere on the 24 th . He saw Linney at a qii . -irter to five o ' clock , p . m ., going towards Brockraore . Witness was greatly alatmsd before and after seeing L ' . nney . There was a report that the colliers wouM meet Linney , and then have a reckoning . Witnesi had a great number of men in his employ . A man named Collins was with Linney . Witness notified to Captain Bennett , of the yeomanry , and a magistrate , tbat the meeting would be held . Oo the 3 rd of August there was a meeting , which was attended by Linney , who said that he expected to meet hundreds , but tbat ho was glad to see thousands . There were thousands present . He addressed them as follow * : —"
Countrymen , brotberft , Chartiets , and oppressed colliers . " He bid them stick out , and said his interest was their * . It they would stand ont . they should have their wages and all they wanted . The masters in this county were calling out for protection , and why ? Because they knew that the poor were a starring people , andi starving people were a rebellious people . The matters said "they can do without you , bnt If you stand and be ruled by one , we will show them whether they can do without you . We will pot them in a ship and shore them off , and tell them we can do without them . " The mob shouted . Ho then said " we will divide the land , and live upon it aa ours . " [ T . lnney here laughed * J He was from Bilstoa , but witness did not know his trade . The mob consisted of colliers . The men worked until the 8 rd of Aug ., the day of Linney ' s speech . After that they ceased working . The crowd waa determined , and cursing their masters and oppressors . [ Linney here burst out crying . ] ( Continued in our Seventh page . )
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R THE NORTliRN STAR . ¦ ¦ •'¦ ;• ¦ ¦ ¦ " . .. -. . - ¦ ¦ ,
Tee Special Commissions. (Confirmed Daily From Oar Ortn Correspondent* )
TEE SPECIAL COMMISSIONS . ( Confirmed daily from oar ortn Correspondent * )
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Citation
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Northern Star (1837-1852), Oct. 15, 1842, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct452/page/6/
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