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STAFFORDSHIRE &S 31 ZES . KISI PHirs COURT—Moxdat , Masch 20 . Brfore Mr . Justice Erskine ,
THE LATE B . IOTS IN THE POTTEKIE 3 . TBIAL OF COOPER , HI-HARDS , AKD CAPPTJR , FOR CONSPIRACY . THE QrEES T . COOPER JL > "D OTHEKS . ( Special Jury . ) Th' -3 \ ras an indictment for Consp : r « ry against Tkoinas Cooper , of Leicester , J ; 'br K = cJ—r- ^ , of Hanley . and J-osepi Csppur , of Tonsta- ! , * ' - *> Chartist lexers . Capper , taring been senter-- - •_ = ¦ two years imprisonment in tbe Cvnnty & ;¦ ' -, e i ^ e Special C « nris-Kon , "sras brr-n .-fct up i ? ocy to be tried ob ' ~ indictmeiit . Tre other t- - * ; defendants -wire of . --j . il ! Efce case toB t-eec ; lr £ Te :--fd from tie Sp « -i = l C » nnii ! " - Eioa , End haTii ^; hem restored b 7 a -srrii of ccHiorari , into the Court of Queen ' s Bench , came on fur tiiai at 2 Sisi Prins this mornine , at nine o clock .
The f jilovias gentlemen were sworn a Special Jsry , to try ti-e c *« t : — JaKrpt Tir ^ stt . Esq ., TFHIisni Arden , ENq .. Joim I * TtU . E-q . Edward Rabone , Esq .. E-J-H-ard gam- ' . Esq ., Ji-r . n Tnnon Pert-day , E ^ q .. John Bonme . E » q-. E P . GiTi-s-r ^ . 'ht , Esq ., Edwaid T mzve , Esq ., R'cixml B-zddine , E ^ q , Ralph vreagh , E _ q ., Thonia 3 Sneyd , E = q . » r . S ? r ? Krst Talfonrd , 2 ilr . R . T . Richards , Q . C 3 Ir . G . cLecn , Q . C-, srd -Jr . JkitXiErfrr appfareu ta conduct tts prosecntjon fjr tiie Crown . Tne « 5 eienuinia Epptartd in person to conauct tj > ir own fl . Efi-BC 3-
Tbe three fliiendsnts took the : ? places at tbe barrister ' s tible , immediately in front Gf tbe Jmige . Cocpt-r h ; . n a bcoi , in -which he a' -t-rwanis took noits cf the evidence . Ricfcard 3 also iros n ^ tes . 7 > it . AltxsEcer vas ab' -vt to iUi ^ e ti e eonuts of the indictffirtt ts the Jury , ¦ whtn Cooper rote , 2 iid , addressing bis L < 5 rdship . said—My 3-tOTO , 2 aa iiere "sritir'Ct any in -i sj ^ is-tacce ot lire ' present lime , and as I understand 1 csve b =-ta triea and convicted at Lancaster—H's X ^ i-dsiap—1 can hare ncth" -ng to flo - with vrba * > is «; later uLiee in another Conn .
Coc ' - pzr— 1 -sras about to say ihut if I read the fifih connt comply , I thliii it precludes the p ~ ££ iiAbxyoimy trial at the present time . j Eos 3 ,-jrdship—A 3 yen bsv « not i . ^ 11 statc-nce ^ 1 can ; tefce ro notice of it . If jvu b ^ il bftn sentenced for ibr i "suns cStore "Riiii "n-tlcii yon are row driri-o . yo * a isiisbt baTc plccflso that yoaheti t ^ tn &o sru ;» -nctc . if you J-STehtt 2 COiiTicted on the Fume eharce . tiuit vrili of cenrse te taken into coi « aii = rauuii iiereti . t r »; it itu-uni be necrssiTT , 31 i . SrijTiuit Taliv-nr*—1 am Uld i ; is a miitake , anu that it is cxctb&i jvk ^ ; Co'PtT—WelL 1 s > h 2 i ! be Tery slid to £ r . u that it is a , inistake ; tut I find it siated in li ;^ nx . wspapt-r 1 L-. "v . in my ha-d . Tfee Jalj 3—If ^ had bees so , yon "B-onld cot hsTe ¦ been infjraisd of it thisngh the mediiiu . of a
rewsp ; p . Mr . Srrjeant Tilfocrd—I do rot pledge niysel ? tta : It is 3 icisfcie ¦; 1 underhand tbai it is se . ? lr . A ' csandtT then staled , thit thd isdictmsr t ii this cast ebaie « -d thit ILe three oeiciidiiits . oathe loUi ¦ cf An ? cst . in the last jtir , nniawftuly cvi-spired together , fli-hdiT-. rs othtr pirso :-s , to cans ? , iziie . aad make iL . cs i ^ d tn ^ mitucss assembl . es , uvstinns . ¦ bodies cf th * people , in bitsch of the pothc y-pacc « . ^» J to intiscc sctn j : cpls to ri >* -st by fure * of arms the laws of the rtalm ; sic thst tLs three Ucft . nli :.: a t » ii the 15 " a cf Ax : ip 7-. t , ai . d other csys , at BuT * 2 cia . in th-s county nnla'wfnUy fpoke to and in the hrsnui i f t _ r subjects of dct Lady ttf- Qaeeu . c = rtun fs . ^ -, scsa ^ a-i us . j ^ d seditions spsech = 3 , Trirh invent t-j lucii ^ s ^ . ^ itrsnade
the p ^ cpis lo discontent "with , aud hatred , ia q di ^ .-ff c-Cod to ti . s la ^ s oi this i = alni . ^ £ by la * i = i ^ b '^>> - < t There Tris-2 Sicor-i ceaut , TFhich £ Cit * d ths : tut thrct defendai ^ s coincinM togethtr , to ^ rociirs ; and raise tsnu ^ . tciouS liets . snd tcGitious SiSicmbUc ? , fn order U lesiit by forci : and canse to be resia . rd by fu : c tLc dnt esecnlion ef the la-sra . ilr . Sergcrant TaLFOT ^ RD , in oprfiing the casa for the Crovcn . Eiid—Mtj it jVicise year Ljrc ^ ' - . ip , gentleib ^ Ij csf ths jcrj—It :, ej i » . a tLc uaiirre of thr chsrsjes s ^ iinst the thrrf ; cefrL ^ i ^ ts , "a ; , i with tht assistiace cf my Lsarned Frien-ir t )> 3 y b . f re yoa ihr e-nJsscs by -whitii that ct&rz ? si 1 bt t ,-j-taiacl In
the Uischtrse cf that dnty , I sh = Jl be c ^ niv-riirt' to ; rc . ) to rciir rseoIIeetioD these disa ^ rr ^ as fences -.. f taurai . and plnndtr tJtlch occnrisd on ihe inemoiiblti n ^ y * of MonGsj . tte 15 th , and Tuesdiy , its 16-h of ^' - ^ u ? : last , in the Pottery district of itis county , -wh ^^ i ren- dered ¦ nea-rs 3 Tj ; the Sprcial Ccniiaission wfeith sit in thisplice in Ojtcbii lait , ind ^ nu-b dre ^ "io -sa up > E many ncf- ^ Ttunate persons tie ^ a-It and j- * : ; . ;> rTi ) , i . _ f felons . The present indictmeD'S ii one that ¦ sris f .-nnd at tb- Special Commission a § ain * t tie tfcrt- , d-t n . ^ r . UItini-j ; ::-: ^ to fu- m guilt oi ^ a Icssitiil desretth ^ n iLsi . of thvzz persons irtio ¦ were tben conTictf-d , but I ca i . jt Oiiced from y-. n that it imputes to th ? m rniH < f r-jas ! moral atrodty . The charge i ^ ing one cf lii . sdfcintas ar the defendants exercised their tis ' - to ja ^ rr ^ e ih : ?
indictsrnt t ,- the present assizes , ai . d npor . : ba" tr-T-rit is that tliai is ' -ictsatnt coujts brf-. rr j < a f « r j ^ r jnst ar-d impartial decision . G ^ n Irmtii , before 1 TtTsrt mere particularly to the naicre of this ctarge . si 2 d shsts- you ¦ wfcat it is , it « ' ! r-e "trcil , by ¦ wa » of esciSon , ttat 1 thccld at ^ te to ycc t * iS . t wtWh ix 52 nr > v 2 c the c ~ - -se ofths eTiderce y-n vill tesr sp- * chfes attriststEd tD the seTeral defendants , in ij-hirt z-.-u ¦»; . ] find mention ns : de cf a great political change srhieh the d ^ ifindants profess to advocite , nnder the name of the People ' s Charter . G-entiemtn . I cancct too soon acquaint yos that it i = not against the princiv-lcs of tho ? u who desire that political chEn ^ e—it ia not agaii st the pnbiic advocacy of those priiudples—it is rot * againsi an istensp ^ ak z ^ zl in iie a ^ voescy of tbs r .
rindples-wh ' ch zr ^ snpx > osed inToiTed nn 3 tr tl'at . Batce , thst this prosecclion is aimed . - It is perfectly lairfnl for any cue by ¦ writing , by lecturing , by speaking 03 fit and proper occasions , and in a temperate manner , to nrze those principles on the public mind , and to s ? ek to attain their object , when lime shall have matured the mines a ? the people of this coTJntry for the enterteirnstst of th <* -e principles ; and even s ^ pposlnq tint , in the course of that advocacy , in the heat and ths 22 a ! of the moment , some intemperate txvressiaiis had fallen from thoss -who advesate such priceiples , that lilso is the Dature ol the charge "which is prtferred against these defendants . I may , indeed , pertaps , "ba "permitted to obsarre that it might excite * ome surprise tla » any one , feoweTer dfcep'y impressed ¦ nii . L
Ihe trutk zsi justice of what are cJ 3 td Ciiartist principles—hoTerrcr fondiy believing taa » a time -wwoid con : 9 "when tis public mbd would be turned tc the soppoii c-f tiese prinaplea—acd hoTPeTtx dt-eply impressed liese piiEcij > 3 = ^ might be upon an heaesi iniad , —I say it might excite surprise to find it possfoie for any calm pfrs ^ n , judging -srith serenity-oi temper , to loot around at the state of society in this great c ^ antrr —to see the thousand roots by -winch powtr ia plante-i in the Tarious classes of society—to £ = e ho- * , liuk by link , the instjtntiori 3 of the country are 3 : tacbed to the hearts of those around them— it is dJSeait , 1 say , to conceive that asy person , ealmly and serenfeiy bfclitving those pundptes to be the principles of truth , couid hope for any speedy or sadden triumph cf thce
principles oy the mere- weapons of reasoning and ai .-tmient But I Trill £ rant that it 13 possible that a per ^ ii , enthusiasScally attached to those principles , rnay jee the imaginary future in the instant—tint he mighi tii : nk it possible to OTer-leap sH thtse 6 bsuicl = 3—ss £ belieTe that the season had come for tie trinujph of tbos « principles . And if yon shall find that these defendants bave done no more than thh : if yun find that they only intended to advance their cause by reason , hj persuasion , and by eicqnence , I ask no verdict sgainst titan , however I msy think them ( and yen may > hi * -. fr ihemj mistaken "with respect t « these principles , or their Bpeedy victory . Tee scene to which I shaft Lave to CiD youi attention is no doubt very familiar to most , if not to all of you ; it is the Pottery district of lUis
county—a district of -which Tunstill is at the northern extremity , and Longton to the south , in ths centre t f * hich is Buralem , Hanley , and Stoke , and u > the -west 2 Jewcastle . It is a district surronnded by cilleries , ths mineral -wealih of which is great , and tbose colierits tstend , in fcet , beyond the Pottery vf orks . The Pottery ¦ Works haTB of late years grown into a most important part of national industry , and give employment to many thousands « f hands in a district that ib densely populous , in the month of August last , unhappily , disputes had arisen both among the colliers and their masters , and ths potters and their employers . Those disputes had nothing -whatever of a political nature in their origin . They arose entirely in disputes with respect to the -wages ta be paid in the different coUeries , and in of the
» ome pottery manufactories . The men had stmck fo ? wages ; and tiie masters and men vere in that de ^ rea of hostility to each other which such a condition implies . In that there vraa nothing illesaL The -workmen had a perfect right to eembine , with ethers , for the purpose of desisting from that labour imta their requisition should be complied with , or a compromise effected ; bui although that state * of things involved no crime , yet it involved a great calamity , because one cannot conceive of any state of things more tEstresBJiig tbai ^ Ifesi in -which the ties of affection and legajd which bind the higher and middle classes to the lower are turned into hostility , and the families of S&sjr working men left without the ordinary means of BBTwriBtansfl . It -was at such a season that we -charge the defendants and
( yon are to judge by the evidence Whether it was so ) that they , taking advantage of tie unhappy state of hostility hi which some of the mas tenjwere placed to their servants , thought they could employ the force of those -who had chosen to leave their employment to do that which was illegal and tyranaons—to lens ottiera -who -were disposed to -work for their masters to join these -who had struck for an increase of -wages : that they thought tkat in such a slate of things they might turn that which was a strike for wxges ( having first s ^ rsvated it bj lone and violence ) into a strike for the Charter : that they could assemble the multituda bo tamed out from their honest employsect , and combine them into a common cause , so that Ihsy may strike , by Tn « mng of these persons , terror and dismay into the hearts of those -who opposed them , and tims obtain an ffle * a ] advance of those
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principles -trh ^ cbtbiy ^ a perfect rigbt legally to advocate . T «* o of the persons before you reside in the district of the Potteries . One of the persons included in the charge , Win . Eiiis , -who has been convicted of another offeDce , was a potter , at Burslem . The defendant Cappur was a master blacksmith , at Tunstall . The defendant . John Richards , was & shoemaker , at Hsnley ; and they were all active advocates of what are called Chartist principles . Tha other defendant , Mr . Cooper , is a Btranger to this district He had paid it a vifiit bt-fure August last 1 which you will find to be important in the investisjatiou of this case ;; bat he is , I believe , a person residing at Leicester , and not haying any business in , or connection with , the Potteries . 1 shall shfW sou that in the month of March preceding
the outbreak in August of last yeai-, Mr . Cooper for tbe first lime visited the Pottery district , when he became acquainted with the other three defendants mentioned in the indictmen t , Eilis , Richards , and Cappur . I shall shew that all four were together at meetiDgs of the same character , Bnd that at the close ef thoss meetings Dr . Cooper left , statin : ; tttat be shonld coraf again at souse future season . Tbe meetings at that time -were helJ at s place called the George and Dr . igon , at Hanley ; and you will find some 01 tbe expressions used at tiofe meetings ( with respeei to tht > nnmber of soliiers in diflvivnt parts of the country ) tolly ng with some of tbe expressions used st mectai ^ s iriiich » rere snbseqarntJy h « rld . After Mr C&r-per kad left , meetings t « uk plae « j at TunNtall a : id H-inU-y , at which the
dcfendrints Cappur , Richards , an » i Ellis spokf , and you w >' : \ find that z \ une 01 thus ? - meetings the rtt-fe = i « lant R-charda used txprtsskns which will be v * ry nsnterial iiideed in the eonrst of this inquiry . He told the ppop ' a whom he was addressing tb ; : t the army was -withdrawn on fore : fn Sj-rvic ^ , and that ibd-e « t-re only five or six soiditrs to evtrj town tkron ^ hnut tbe kinsdom . It is 10 . - yon t-a conceive whbthtr tht-se observations had a tendency to an attuck upon the an ' -horiiiea by force . t whether you wn apply tbein to tLo auvocaay of princip ! es by [ irgnmnnt and rea ?« : ! i . On the 30 ^ h of Jn ' y . when thri public mind in tnr PoiUrics was agitated <> n the BDl-ject of waj , rs , Ut . R'chards spoke to sevi-ral persons around him with abborr » nce of the military . He si . ; £ e cf h » w he wou . 'i treat a son uf his to prevent tf
bis tn . tsl ^ ii ? aruij ; a-.. a sa :, - you mind hall csr ' ridae : wo vfH \ b 3 Te Mood for Wood , when the time for the ou ! -bri-ak airivw : stick to your point , and we shall set wbat - "e require . " On the 9 th < f Ansiist a niettins was btUJ on the Crown Bank , in tbe Very centre of ths hi ? art of the PoCtery district , ami v ,-bt » e thtre is v . > y crtat facility to r . cc-. ' ?! 'iuodEte the nnnjbtrs wh ^ njicht assenii-ls in that populous neiijhbiiarojuod . At tiit-l ii : rrlic ^ Cappur 111 r . do c speveb . ia which fce aliufltd to suine n il ' . tary tact cs xo ' . A a vtory Hi tilt Doke t-f Weiiinsun \^? .: di . if tr .. ibut car ainly it was £ . «>! trnt- ) w- 'ald h « ve t- < ri . ciishoioumblfc to t ' i ; tv jrrc-at soW-er , to which this < -. jctry will be under such * -ternsi cbiig&tion ; a ; . d bt tLtJi r » f < -rre the military tsttiis ¦ winch tbiy thenitrlvcs wuulu have to pmct ^ e Oc ihe 12 th of Aii _ u = t tl-r-re was : u ••• htr muring bt-id on tht Crovtn Bank , at ¦* . hi < h both Eais um : Hicbaras
wtre present . KjW , up to this time the dufi-udant Coor « -r l-i ? t di-. ne m ' o tht dislriit on S-iturday , th « J 3 th . March , but thst will not be very imp ^ -rtart . Ptcause his second introductitm on \ . he bcene U * yk place on SuEday , the 14 th of AuiQit . Oa that day b > was first observed ieiiding a pior « -srf . » i 3 , » i > ch tr . is novi :, s ; t <» wards L'Si ^ t ^ n iroin Houley ; an 1 ! ^^ p =: s i ;* -. Vith whom be \ si 9 hi pri .-c * - > siuc , alx ^ ut 100 in nnaib-r . w- •>• s : n ? inj { -vtr .-rs tv a Lyinn tune . C pti ;< r < l W . i m ot u' - ^ i ! t ! ey canit to a puee uf w ^ ste ^ rouca in L > i t !> ii wI . itv h ^ ruonutt ^ i a sra ;; e cr 5 "inc r ; nu .: it-i- uj ¦ . * rci .: ¦ vcL'cli he 2 .: iir > f ? £ ed thr * } -e-p . e . H <^ spi-kc ' . 10 in th > - sjire s rain in which tLe c'L > -r « cftr , au > ts J . 1 s . pukt n ' t ? rt -s ^ iih rxfereoc to the tti . cii rnniiti ot s . ]« ! trs in each t'jwn . Ke i-i : > l that thtrr had betn a j U n . vul har- ^ i st f . r the people to t-j ¦ _> ; be fc . oke uf ttv a'liij sin ! . ne cl-.-rry . ii ;« i , W ; . ; t v . i . 1 K s vrry iv /¦• - . ¦; in this c ^ s , hi t-iintiTi t-i the C :-. urcii : f . e •• • , ¦ . tc vi it in ! ac £ n i _ -e
which 1 "vrill Lot r pt-at , 1 l : be pariiiuiarlj pc nted to the It use of tLe rector of L-tsioe . and wJ tha" tbe r > rt < . r had a . me £ 400 ; -r £ 5 M > a j >* r . l- ^ t th ^ t h ought only to hive £ -50 or i-oO a yiar ! He sj -kt < f the time tvLeii tl . s church ^! . ^ a . ¦!!' . I e . cd low , sr . d thu peopk- ha ? e an oj .. p rluiiity . f eij > . -. Dt t ^ it Ml : ih was : ; i > w appropriate ! 10 tbt . lBiuiftrra of tko E > t-bli > hf-d Cbsrch T-o vill hu , l tLal Ttry : ni i -jrt ^ t , with rrf * -r nc ? to tbe :-iidr . nty 'f this ti-. sr urse , T » Len y < u h < sj -what were iho friii's <•? the f li- >» : ^ ^ d : iy up > n tk ^ . t particu ' . ar hc ^ :. ; . Ht said thit ! a ha- "; ar ' r -s-cl 15 000 i-jopleat Wcdn- > bury aft s d .- > y ' - > efi . r . and M--it th ^ y fcL-1 C'lQct : 2 rtft « rir : is »' i- ' n to a ' ...-l ^ i :. fi . in w ik
: unanrr o -na . m ,-men rave out s ^ t ^ s vtrs-5 , . wl / cli vrtre ^ UI . g to the tuue of Ktil ; of B .. 'anaia ,, coanj < . i . ( . ij ^ 'nith tLe fVv . iua ' Srr ° ? d tbe Charter tbrnugh the land . — L ^ t Bri : on 3 bold un . l brave join heart a-id band . " He then went through a form of pray it , at 1 , tiisrhissed tie ass-mbly with a bei'e « iict . -on . * L » ting that ther < -wpuiil be a rnetiinj ; on the C » own liank , Hanley , oa the fulWwina aominr . Accoid ' . njy that m ^ -etini ? touk plioe at Harvey , on >* ondny morning . Mr . Ca ^ ptsr btiug the principai £ p * -aktr . He siipearci there aruong a » umi > er of p- ; rsoi : B who were physically strong ; many of them wers arn-ed Sfitb large sti . ks , sotae of them wtrts rtclininc or . tbe £ rouod wi'h their stkka by their svW . while oth-rs were itan'litu ; ltauyig u : in sticks . He beqan by sasing that he waj c : m » to tell tfctui wh . it to
had huci , ii n ^ i-s o her piaces us o-aemi ; irt » ni labour ¦ until the Cnartt-r N-came thu 1 iw of tLe laii : ! : he ih-1 nol tell th < r » i . to rfj what others hsd none , l-u he to ¦ : thern wfcat they h ^ d d <^ re . an > i perhai . s ib' -y in aht htrJisp-. ^ eii to Ivsl ow Ihtii bxamvle . lie Lift * p . kc of t >> - ni-etinj ? at ' . VedM- >!> ury , which bad b—' 1 ^ ttt-ii < ie . l hr 25 OuO , inbtfs'i « f as be ca .-i txpiceti t-y 5000 ; he sm > kt t-f tbe corn that was on the cround , and be incited the people to « ome V > a r solution to dt ^ . ^ t frc-m labour uuril tbe Charter became the L » * of the lasd . He tuij he was Feif-eiecte-1 Cuaiinii-D cf the meet n ^ , and cave out those bf-B ^ Mfnl words oi Scripture , ' Come sll ye that are weary and heavy lacUn , and 1 will xive you rest ; " and thin , as appropriate to lli ^ t t » xt . Lo proposed a resolution that all should cease from labour uut : ! the Charier became the law of the hind .
Cooper—My Ir > rd , 1 don't know whether I am in order , but 1 btheve the Learned Sergeant will find , if he refers to his brief , tbat I did not do so . Tke Learned Judee replied tbat the Jurj would of course be only guided by tha evidence aJcaced before them . Mr . Sergeant Talfncrd resumed—Gentlemen , what I am now stating i ^ me ^ -ly to give an ontluicetf the case for the prostcutiun . Of -our . se if I de not otablisb . 1-j credible witness ^ any part of my statement , it is quhe uunecessarj for me to tell yon that tbat is to be entirely dismissed from year minds . I am stating it from matter ¦ wliich I have region to believe I shall prove ; but when a Ciis *; depends on expressions no doubt you -will witeh the evidence with grt-at vigilance , and take cuts tbat
nothing is presswl E * 'v ; nst the prisoner ; ai-d if you thought tbat there wa 3 any mistake as to his meaning , yen would give bim the benefit of the doubt- I think there can be tro duu ^ . t on the evidence that he sought to induce them to absteia from libour until the Charttr was the law of the land ; but whether he put tbat proposition in the form of a resolution , or whether be did so by incltenstnt , is quite iinmattrial . It ia not at all necessary for me upon this part of tbe case , to call upon you , under my Lord ' s direction , to find that such incitement , Mich recommendations are in thtm-Btlvcs offences against tbe law , because tbe prestnt charge goes beyond them , and it is only an ingredient in the case 1 have to lay before you ; Vut can one conceive anything in ^ re disastrous than the success
of such a scheme ? Can ece conceive any position of human society mure rU-trcssing . in which acts of outrage may Bprir . g up , than for the working population of the country to bsplaced in a state either of starvation or theft , because it is quite impossible tbat buch a recommendation conld lead to any other n suit . It wbe a part of the doom of enr species , at the time when it fcil from its first isnocence , that " by the sweat of the brew it should eat bread , " and a part of that doom was a merciful part—{ because there is no state in which man can ba hfc-ilihy if in a condition of inaction , unless it be in a stale of innocence )—it is , therefore , a murcy to fallen man , that industry becomes a part of onr very nature , arm the euty not only of these who are most falsely , as distinguished from other classes , called the " working
classes , " ( that is , those who work by the labeur of their hands . ) bnt it also becomes the duty of those filling every station in society—of those « bo -work by the severer and more anxious toil of the brain— -who have the intellect perpetually exercised omidst anxiety , toils , and cares ; and it is the common lot of man , from the cradle to the grave , tbat in one department or another ha should Serve his family , bis country , and bis friends by the labour either of his hands or his brain : and he , therefore , who severs a whole population from that lisalthfnl state to which Providence has ealled us prepares the se 9 d for the introduction of the werrt possible consequences—for the triumph of tfce worst possible passions—for the Buffering of the worst possible calamities . Ton will find , however , tfeat the
incitement on the Crown Bank was not confined to that . Mr . Cooper , yon will find , used other language then , which I would rather yon should hear from tbe witnesses than from me , and which had a tendency , ( rather indeed by an artful covert , ) but still had the tendency to iscite to acts of distinct outrage , tad you will End the consequences were immediate npon the incttsment being made . The Learned Connsel here proceeded to narrate the riotous proeeedings of the mob in Hanley immediately after the breaking up of the meeting on the Grown Bank on Monday , the 15 th of August , in the course of which he observed that the mob who had turned out the people at Mr . Bidgway ' a mannfactory was headed by Yates , in whose house Cooper then
lodged , and that In hia speech Cooper had retemd to the Court of Bequests m a specimen of class legislation . Sergeant Talfburd proceeded to describe ths destroetfve acts or the mobs « ho attacked the police station at Stoke , ana Mr . Bose ' s residence at PenkhuH , and after describing what took place at Fenton , the Learned Connsel observed : — " The work of the third division of the mob was still more / earful . They directed their course to the spot from which Mr . Cooper had addressed the people the night before at Longton . They first attacked the Town Hall and Police Office , -which they partly destroyed ; they thought there were arms in the Hotel and searched it * qj aras , - they obtained I believe some police staves , "
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Cooper—Tbe Laarnsd Sergeant must be quite unaware that tbe multitude thought this . He does not quote his brief . Tbe Judge—He ia only giving an abstract of what his instructions are . Ceoper—I am not aware it is usual to inflame the mind of the Jury by telling them what tbe multitude " thought . " The Judge—Certainly not , but he can tell them what tbe mob did , from which the Jury may draw their conclusions . That is the effect of what has been statedthat they did such and such an act , and it is for tke Jury to say with what intent tbe mob did that act . I don't think you will find brother Talfourd will state any thing improper . Cooper—I make no general complaint , my Lord . The word " tb ought ' struck me at the time .
Mr . Sergeant Talfourd continued—I am sure if I used any word that was unfair—if I said what the parties thought , I stated tha * which was not strictly correct ; but if the defendant will allow me I will put the question on a fair footing . I do not state to you tbat these parties went to Longton because Mr . Cooper had been speaking there the day before ; but I put the two fads in jnxta-position , and it is for you t » draw your conclusion . They went from the Town Hall to the bouse of tr e Rector , the R ^ v . Dr . Vale , ( tho person -who had been referred to by Mr . Cooper in his speech the d&y before , ) they burst open the bouso , plundered it complH . tely , set fire to it in four places , made a pile of furniture in front , wbich was set fire to ; they found in the house a qmntity of spirits , which
they drank , and this no a < nbt ii-flimtd their fury . They remained there till four in the afternoon . A fireengine was brought to the spot , but an attempt was made to destroy the hose , and that attempt would have been successful but for the heroic conduct l- ( a surgeon nailed Dawcs , who , when the authorities were quite pai-. lysed , ifor thrre appears to have bten no attempt made to int- rfere with the proceedings of this mob , ) n-scued the hose of th « enpine from those who were about to destroy it , and ultimately enabled those of the inba ^ i ^ ints who came up , with some soldiers aud po ) : ce constables , to extinguUh tLe fl mieB . A number of infatuated creatures , who had become intoxicated , wero easily taken into custody hy the police anil eoldiers , as tb « y lay in a state of helplessness on the cround .
U lule this was going on Mr . Cooper di . l not appear ; and 1 atate to you in the bioadtst manner , that there is no evidence to shew that Mr . Cooper ever took a pa it in the destruction cf property , or personal violi nee : but where was he iiurirn ; the day ? At half-past t' -n in the morning , when the uttaulc was nm ! e on Mr Gihbs ' s hi > us * -. and the Court ot Rtqu st-f bo was a' the Roynt Oak , Henley . A witnem . w . . > is the les-seduf the Water Works at Hanley , went to in fur m the landiord of that h ^ use as to vihat w .-is ying oi >; and it will be an important circujm'nncw for yy'r consii ! er ;> t-n tbat Mr . Ric-nrds was in that room at the ti- f . ¦ lib Mr . Co 'per . Mr . Ci .-oper was informed uf whit was pr-. ceedicsj ; tu : ti . e witness is not ture v » ht-lh » -r tti fi > : ! - > wini 7 •• r )> t-. « -i < . js -were used by Cooper
b-for * - or after ho hal informed him of the attack on the Police- met ?; and I , therefore , desire , that if there bs any dount on the construction to W put upon these words you frill gjve t-hc bent-lit of the d ~ u '> t to tho ( it-fen nnt . Cooj er uaiit , * That ' s ri « ht—that ' s the way to do it ; " and he will contend that these txpresiious wtre us-id , not ¦ wuh rtference to these acts . Imt to «• , » . £ rfc . y fc-d dona in tnrn'n ^ cut ti . e bai . cfo 1 > J Mop-}> . ' -s ' h ** < -oliiery of L 07 . 1 Qianville , and fc ) iuin : n # out th- h i : \ d 3 at Mr . Ii if » v 7 nj ' . s . If there ia any tlouVt up « n This point , the favoura' -le construction ih t . ht onu 5 'U arr hound to adopt . I wi , l suppose th < it those nprt- " C i' -ns had ¦ ot raferenc «* to the outrages of wb'tb bo -vjis th-- 'j in ' riiii"il ; but sur ^ iy if h « was at tbat tmio in ' . rui » - ( of wLat course the people were taki-tf who h ; vl bt-en attf-nriui ? on b' 8 discourse in tho 'ii > rn i :.. > , jou woi'id hnvi' supposed to flml him endeavounii *; 10 put a 'top to thtst proc e . iiijjs—surely jou Wouid ii ^ vo ex , ctetj , sf his o » . j , ct and oesire bad beei ; suiiie ; biri £
Jar dinWrm : from " that of which he waa apprise *! , that he W . iulJ hiva at ' empUsd to prevent it ; i-ut h-= docs no * , spp ^ ar on the scrne during that day uutil the tveni- 'ii , ' , wbea another meeting- is heW . acijor . ' tng to notice . That meeiing at the Crown Bank is 01 theiiwt importance in the consideration t > f this c&ao . Ju-t . " v wi . at 3 state that neighbourhood was in at the Viuie w ^ tn « he mettmij was held ! Mr . Rose's house hu . u livjtu pillared . Dr . V . ile ' s Lad been bLzing , and the c-cuutry throciiDuut was in terror and dismay ! N-j * . if at that tune Ue used the txpressitns which are nr . ri' uimi twhim . it is iraposMblu to pat any other c . nrauction up . jn them hut that he txp ? cted « l . at had takei . piiiCf . He s . iid t > the people , ' sj ^ me of yt ^ ii have been 'aunk to-riar ; - ( that was at Dr . Vale ' s I " keep \ uursclvts pohcr—if you get drunk you are sold . " Ho «; ivb them th-it aiivics wliich , in the first place , proved t . ' iat he knew wh .- > t ! iad taken piae-i , supposicg you cjuUI tluubt tiiat any oue cauld ba within two mites a : id not hear of i ' .
Cooper—The Learned Secant cannot b = * aware of what was : ; iven in evidence on tbe formf-r c > ccision . Top Ju Jjfe—I must not have aiiusious ma-Le to what took place ai a former trial . Cooper—You see , my Lord , this is n *» t in proof of anything thfit had tsk . n plac ^ . TiitJudgfe—I cannot tell until the expressions are proved . At present brother Talfourd is only st-tinp whnt he expects to prove . Mr . Serj ^ -i : t Tufout' —I afn rra ?< . nii j : u .- > on ' . lie evitJenc- " which I propo ?!) to adduce . If that evi k-nce is capable of another c . nstruc ' . ion , tbo defendant in Ins turn vrili give it . No'hin ^ in itself co uld V >« inore c ; 'mlii- Dt ' ahle than the ad v cr «•> the in * n tu k > < p soTr ; l > ut still it wi'l be for y « u to say whether it w is possible f > t
vui \ to Lave cni « to Ui' Cmwn B ' . nk in H oil- y t * . Mh is about two miles frc . m Dr . Vale ' s house ) to meet his i : L « ci j'les on that e ^ v . ing , without beiD # ap ^ r . z-d as to what had txik .-u placo . 1 cannot conceive it possible that spy person in b public capacity , in the ct-ntre of that district , c . u'd have t * . cn ignorant of what ha i t-. km place , howevrr he ini' ^ ht have disapproved cf the acts . Now , it will be for you to judge of the w . , ia vhich l have before me , but I will not now state th . m , f-ccause U is better , -when expreBsions are to bo dej'tiniiud upon , that you should hear them from the wit : ; 'SS ' E . If in tbat state of things tbe defendant Cooper did not di&suade th-m not nveiely from drunkenue . is but from acts of v ;< -lence . and if be addrtksed thri-i in most
int : mp-jatt- ttrms , it is for , ; f . u to draw the inference with what feelings be legarv id the conduct that had tnken place . The meeting dispersed at tbe sound of a pistol . Whatever Mr . Cooper hid siid at that meeting , you will find what ihe parties did to be incapable of n : iy » xplanati < m whatever . They went fr < -m Ihr nee to Mr . Forrester - 8 offices , which they flet fire to ; they remained thtre triumphant until ten or eleven o ' clock , aud from tbat time the house was in flames . How wab Cooper en ; : tg « l at that time ? Waa ho doing anything ? I shall fh-w you by six witnesses tbat v . bile Ibe house of Mr . Forrester was in a blazu Mr . Cooper was > een to wnlU down in the crosrd towards that fire : he wra afterwards seen in company witU live « r six persona .
Coop » r— ritving substantiated an alibi :-t the S >> etia ) Coniiiiission — The Judge—You must not state facts that occurred "Isewbtre . At present I cin « n > y attend to the evidence to be brought before thi . Court , und thu Counsel mnst be allowed to state whut ha int > nns to prove ; he will thMi ca'l witnesses : und af * u-r he has done so you can aritiressthe Jury , and call ¦ witnesses if you p !«» Mr . Sfgcint Talfourd re .-umad—If tUe defendant is able to shew tbat he was i-lsuwhere at the time , well and pooa ; it will be for you to judce according to th
evidence . I was mentioning tbat about a quarter past ten Mr . Cooper was seen proceeding in tho direction I have tamed . Abo- t a quarter or half-past eleven , th « - crowii came frcou Wii G anviilt's , and went on totbfi honse of Mr . Paiktr , a magistrate of tbe county , residins in Shelton . It will be in evidence before you that Mr . Cooper was seen to df-tach himself from tho mob coming fiooi Mr . Forrester ' s , that he was with a person whs was dressed in women ' s clothes , but who appeared to the witnesses to be of the othtr stx ; that ho was seen to go towards Mr . Parker's ; an'i that a very short time afteiwards the fliinej broke out from Mr . Parker ' s house . I shall
call another witness , who will tell yuu tbat he saw Cooper three times walk b . ckward find forward in front of the place where that fii a wus raging . Thtse circumstances will be laid bvforo you for thu purpose of rskinf : you , not on this occasion to believe that Mr . Cooper actually was a party to this fire , « r had directly ami immefliately excited the peoplo to commit the act , j but for the purpose of a * k * ng you , whether you can . connect such conduct as that with the speeches which will be given in evidence , and then believe lhat Mr . Cooper was in the Potteries innocently and laudably advocating the principles which ho hoped would eventually triumph . Mr . Cooper , according t > the evidence of the witnesses , waa st-en to go iff from Shelton towards Bnrslem , -nhere he was caken into custody , and taken , before Mr . Pdrk . tr , the magistrate , who was at that lime in some other house in bed . Mr . Parker did not at tbat time see any reason to detain him : he was discharged : and that was I believe the lasl time that Mr . Cooper was seen in tho Potteries .
Cooper—The Learned Sergeant is connecting my supposed appearance at the fire with , my speeches , while I have proved an alibi . The Judge . —I have told you that I know nothing of the facts . The counsel can know nothing of them but what proceeds from the witnesses , and therefore you must allow the case to proceed in the re ^ elir way . You must not interfere , because I shall not allow it . Cooper —It is intended to compel me to produce my witnesses again , which I did not expect . It has already cost me £ 100 . The Judgt . —Whatever is evidence in the case 1 , must allow to be brought forward—I cannot alter the law .
Mr . Sergeant Talfonrd again resumed . —I will make so aliuskra to what passed on the occasion to which Mi Cooper alludes , as I was not present myself . I am stating , I hope , fairly the case I am about to lay before yon , according to my instructions . I was making the remark for bis benefit , that tbat was the last time when be was seen in the Potteries . He was afterwards apprehended in Manchester at some disUnt time .
Cooper . —I was never apprehended at Manchester . Mr . Sergeant Talfonrd . —Well , that is quite immaterial , it is rot necessary to pursue the melancholy proceedings of the night of Hie 15 ; b of August The
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ob , af ivr attacking Mr . Parker ' s house , attacked the luso of Mr > Aitkens , the Rector of Hanley ; they tervrarda broke into the bouse of a solicitor named nffin , and committed other acts of outrage on which is not necessary to detain you ; they are matters of story i but it is uecessary to see what the general con ict and acts of the mob were which the defendant ooper is charged with exciting . On the following orning another meeting was held at the Crown Bank . [ r . Cooper was not there , and , therefore , wbat took lace there cannot personally at : aoh to bim . The dundant Riahards and Mr . Ellis wero present ; and jain I will not state to you the langwdxv said to cave jen used by Richards or Ellis ; but I believe you will ad the same allusion to the soldiers ( which had been
: ferred to throughout tho transaction ) again dwelt pon at this meeting ; nnd I think you will not find om one end of the transaction to the other , anyling like lamentation with respect to the irioua injuries which bad been committed . It lay be that Mr . Cooper did not intend tiiat those inuiea should proceed to the extant t > which tht . y did ; is possible that he might have loft the county shocked t the extent to which they had procuected ; bat it is > r you to say whether tha expressions used at sui-h laces could have had any other object than that- of rousing the passions of those who were present to acts nrt deeds of outi-. fje , for the purpose of striUing dismay lto the heartss of those who were disposed to oppoee 10 Charter—whether th t was not the scheme ( although ht
fcfcse plunder aud drunkenness mi ^ tuve . been without achewie ) . which the < Jefun < iantH hud in view—wh » ther they could have hud any other objnct than t' > have thti police- ( 'fliers attacked anl the law reaisted . If they rtid tlvit , then thev ara guilty of the uff-uc eh'ir « ed on this recur . 1 . After tha meeting on l ' u s < iay inoinini { , the crow . I incifiiaed , they ealled oui ' -To Butslfm 1 " Ellfa headed them to IWsk-ni , and there , for tho first time they wiet with f-ff ctual resistance . C pliin Powys , an active magistrate of that division of the cmnty , hail ansemblwl theuohtiers together . The mob ut the « i « nal of a pistol being fired pelted tho soldiers . After Cn ^ t Powys bad resorted to every othtr means , afier ha ha , i read the liot act more than once and implored the people to dispense , or he should be compelled to r < quust the
officer in command to ordnr his s-oliiiers to tire , that ordrr was givtn . One of the mob fell dVad ; bo hart a bludgeon in h » s han < l , which be yrasped in dtntb : and although at first ih ro was a cry that tha toliii' -rs had only tired blank cartridge , yet when they fuuuri that oiie of their number was actually killed they fl-i i in all iiirections , aud tha mob did Dot again assemble . Though individual acts of outvote wtre uf'erwarwd committed . Uiat « nt > act of brave aiui duurminrd rciialaiiut ) dispersed tht > whoie uiol ); and if th-. t coul . l h ; tvw Le ^ ia done at first , tho i ^ rtiatest devattatidn wuld have l » . un prc-vented , and many unhpppy persons who were trit-. d here nt the Specinil Commission wuu' . d havo kuen saved from the punishment which they wc-ro novv uuilt < ra ; oiiig . Ton change , you will oliscive , is one of con piracy ;
and , thrreforf , in nr . U-r to convct nny or all of tbe di-fendanis , it is not nucc-sfary tbat I &bouid ahf . w you Lhat that person hiiuiVu imlividunlly 'lid s . icnu uut with the intent cliar ^ eil in the indittment—th'vt I 10 ni idu speeches ini > nci . ig thu people to resist the authority of thi > law , bu * 1 jnust further shew you , til it ' th . it which wis done wiii ( lo . ' !« in concert with two pi-rtii- . is at least . It is not necessary that 1 should shew you that it was dono by two of lha defendants . If it wns dtuu by one of tljtfru in concert with atioliwr , not before you , t / ien tho charge is waite out ; but if you could cuncrivu thjt euca of tLesa tlbftnuiiuts was ucttu ^ sin ^ iy , ^' purule and apart froui all thu othora what wh . M ho 'lui \*; ia wi huut concert , plan , or conduct then , wbait ! V « r , you mi , bt think of thu conduct 60 pursuit liy thmu , ttn . '
ar . i . ot guilty of ttns oliur . ^ o . You know that iu catt-a rot uiiy ci apinicy , it is sO'irc-ly evur possiolo to s > LfW tbe p . irtii' 8 in actual »> ci « t Cuticiave try the evideico of a witness w ) io heard the wurda fall from their lips and W : > s present wiien they organised thoir plnn : it is sejreely ever possibio to da that , rXauptiug in a e-iSj where one of the conspirators becomes penitent a < i < l turns Quseii . 1 evidence , ^ in which cihh lii . s testimony is to bo re ^ rdt I with thy greatest su'piciou i ov when that is resorted to which Iain happy to say was not done in this c . ; ise— -when a spy was beut to wa ' the proceedings ; because , ulthou ^ h tha t cour >« is Foiiiutiaie . i lirct's . s . iry fyr the public safety , it ia atteu- ' . od with sus-pxion , for it is too often likely tu occur that those Wii j are bent to watuh will insti >; 'it >;
first , and balMy af ' . r * . irus . Huppily fur tho ( iufuii . lniitB , we have niH ia ti . n caae bten able to fook into tLeir Pt-crt-t , procemlintie , for . I am afraid .-if wacuulti , we f'n uld plare tin 111 on n thrtsVuid of far more awful responsibility than now awuits them . In the first place , ji . u will hr . vtj it j * rovmi thnt Mr . Coop-r visittii tho pla' - 'i ii a strangir in March , wlieu ht ; met with the othtr d < fciHiicits , and proiiiisctl thut ho W' , uld return : y in will have in uvid . eiv . Mj the coursa purbuett separately hy tbe other two difondants , Mr . Cippur and Mr . Richards , at Tunstall ; you will attend to the expre--sior . 8 used by Mr . IVchards , avid vjive them the effect thoy deserve ; you will find tbfit on the vory eve of tfiesi' fearful disturhancea Mr . Co- 'per appears on th ' e scene— -on Sunday , the 14 th of A i < ust—this b « in »; his
first appearance on his uecond visit ; you will find him , . •' . ' r . er the Crown Bank meeting , on Moi ; day , in the K jyal Oak , in company vvitti the dctonrinnt K'Chards : you will find him again when he conita to the Crown Bank in the oveuini ? i . > ouisip " . ny with K' . cuimls 1 . you ¦ wh I find that on some of tha oci-asio : ia two or three of the d < fcn'lantH are present , whin ouo of them speaks , the other beir ^ a consenting party to what is said ; and you "ill find ciunci ^ leiicas in . thH expressions uaed itspecially aa to tho s •• MitsvM , whi ^ h will f rmlile you to say whi'tht'T they Wjre the result of accident . The fifing Of a pistol id anmu psoof that so : no peraons in soino place had eonccrtwd tonetln-. r ; and under tb * se circumptuuet it will Lt f < r you to ^ yy wh-thtr you can hiwe uny re ; v-onablv ; dnibt that tht : oHi-ct of the
defendants wai that which is charged against them—a tlcsire to ixcite tha people ( having tirat induced them to turn out ) to nets of violence and outrage—to resist tho authority of the law—to paralyse tLe : irm of power la concluding what I have to aay atpreasnt , I will only assure ytAnivilI , onthtpast 0 * the prosecution , und tho 8 « whoinstfijctme , havo no desire whatevtr , ixcepting that this evidence should be laid fairly before you , with those observations -which natural . y arise upun it . I earnestly desire to excite no prejudice whatever against tbe defendants in respect to tho principles of which tli . y were the advocates on the occasion to which I refer . I should addrtss a jury of Chartists , and present the case as fairly to any honeHt men who entertained Chartist principles , with the same feelings I entertain
in laying this case before the gentlemen whom I have now the honour of addressing . 1 have also to entreat yon not to let any indignation which you may feel towards the actors in tbe late outrages to influence your minds against these defendants , who are , here to be tritd on a specific charge . Do not allow any affection which you have for those institutioas which you may think have been in danger—do n t let any tear lest these disturbances might be repeated on a iuture occasion—do not let any feeling of pity even for thosu i umber cf persona who were e < iivioted here at the Special Commission , and who were roused into BUdden frerzy by the passion of the moment , induce you to
swerve from the course of justice . We are to perform our respective p'irts . —miue to lay this evidence temptritely , and as far us I can faithfully btfore you;—yours tn ju'ige of that evidence , and to decide upon it . Events are not ours . We are ench of us bound topetform our respective duty , and wo have a light to beluve 1 h ;; t all things are working together for good- Taoso events are in other—they are in Eternal hands . They are in tho hands of Him who will not forsake us and outs , but so long as we with honest and humble hearts seek the . attainment of justice , und ' ho adv&iuemur . t-of truth , will he protect and defend us while we discharge , each in our sphere , thusa duties to which his Providence has called us .
On the conclusion of the Lasmied Seargeant ' a eloquent address , Cu . 'per roso and askod his Lordship for some further explanation as to the proof necessary to prove conspiracy against either of the defendants . Ills Lorship gave an explanation as to tbe proof necessary , similar to that giv ^ n by Sergeant Talfourd in his opening address . Cooper then said—It baa been asserted that evidence will 9 e given to show that Mr . Kicbarda waa present at a meeting at Huniey , in March . Now , if it can be bhown that my friend RicbarflB was not at tbat time in Hat'ley , would that overthrow the case ?
Mr Ju .-tice Erskine—Not necessarily . It would be a Btroni ; fact in favour of Kichurds to show that he was not there ; but it may be that he may have said something afterwards vhijh may show tbat , although lie waa not personally present , yet that he had previously combined with you for the purpose of producing those disturbances which were occasioned . It depends on what the evidence fov the prosecution may be . If they do not intend to show that Richards was there , it is not necessary for him to show that he wus not there . Cooper—If witnesses are here to prove that Ellis was not present in March ; if I show the same as to Richards , and tiiat Cappur was not present at tbe meeting in August , I suppose that won't overthrow tho case ?
Mr . Justice Erskine—Not necessarily . Itniightiiavel been tbat long before these disturbances you may have , entered into a conspiracy , and if so , it is wkolly unimportant whether the other defendants were present at those meetings or not ; but if there is no direct I proof of previous conspiracy , then the fact of their not 1 being there -would tend to rebut the presumption that ' there had been any previous conspiracy . I Cooper—My reaatm for asking tbe questions , my Lord , i vraB to avoid the expense of witnesses . I Mr . Justice Erskine—I should be very glad to relieve 1 yon , if it were in my power . j Cooper—Shall I ask the favour of counsel saying whe- j tber any reply will be given supposing we do not pro- ! duce witnesses ? j Mr . Justice Erskine . —The crown baa the right of ' reply . ; Cooper—So I understand ; but as a matter of favour I ; thought it might be waived . 1
Sergeant Talfourd—It is quite impossible to say wbat course I should think it my duty to adopt . > Cooper . —My Lord , I can't see how we can be indicted for conspiracy at Burslem , when I was u < 4 , at Burslom ? : Mr . Justice Erskine—The place is immaterial . If tbe I act was committed within the county , tbe place is ' immaterial . Cooper proceeded to say , that he hoped there was no i vindictive testing towards them ; that be Lad . hoped bis :
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aged friends ( to sit beside whom on such a charge was very painful to him , ) might have been relieved from the charge ot conspiracy , and that be only might have been tried on the charge of sedition . He hoped his lordship would take care that all due time was allowed for examining the witnesses , j He understood there were fortyfive witnesses for tbe prosecution ; and hoped if it were necessary bis lordship would not object to their examination occupying forty-five days . Tbe Juvwe—I shall not take any different course on this occasion from what is the usual practice . Whatever time is necessary for the purposes of justice must ba given , whatever may be the inconvenience . At the same time , it must be | expycted that tha time of the county siaall notbd wasted by unnecessary cross-examination of ^ he witnesses . The exaniinption of the witnesses was tben proceeded with . ;
Andrew Rowley , examined by Mr . R . V . Richards . — I am a potter living at Hanley . In the early part of April I recollect placards beini ? hand-ed about . There waa a meeting held afterwards at th « Crown Bank . A meeting took place in August at the Overgo and Dragon . O . i the 10 th of April a meeting teok place at the Crown B ink , at which he was in the chair . That was ou the loth of April . I saw Cooper at the Crown Bank on the 10 th of April . Richards was there also , aud so was William Eilis . I was at that time g"ing to tho head inn at tho Potteries . : No notice that I heard of fiaii been given of that m ^ etin ? . When L went up Cooper said a few words ; heitalked about the Quee . i and her bustards ; h « did not speak lung after 1 went up . A paper was banded ab ^ iuc when the meeting was
drawing to a cIobm for any one who likedto sign hia name to ; thb parties who si ^ ued were to pay a penny u week aud j ) i ; i the Cu : iruet ;> . I kucwa person iranit' < i Cdppur ; he Hveil ii ' iuut three irr . les frotn the Crown B . ; u ?< ; I did not sets litHi a $ tha meeting . Bafore the meeting separa ' . Bd Uonpr-r satil'he should b « with thum a ^ aiu , and thaS ho should be glad to hear t vlk of their ijoiHg on well . About a fortnight after tbe first meeting another meeang took plu-t ; at the Crown B * sik . Ellis was there , nuu soiua colliers , but noboOy else I cau name . I au « nded a " meeting afcerwards in August , about the 12 . h , as near as I can te ! , on a Friday . Nuiice had teen given of that mating in the . \ Urketplaoc , but h ( tween nix and seven o ' cioct at night , it was Kivt n out that they wtire to meet at the George and
Dragon ; the crier went found to give notice at the time the met ting was ordered to go to the G-. or ^ e ami Dragon ; Cooper v ^ eot across the Market-pl : iCe to tbe George tt" > l Dra ' Kon . Ellis was ii ) the Marktt-plasi- a .. a Kicaaraa . About 300 persons ysvre there . 1 remember anotner meeting i , uo ; 'il > afiorw ^ vda at the Crown iiunli . That meeting was o i th' - Suirlay , ; u . tl C ' oopjr was there , Thoro was ft futile for tho speakers to fetiitid upva . Ic was about two o ' clock in the day . Cooprr addressed the meeting . Notice wad given i-f anc-UiKr Kiuwing for eight o ' clock oa . Monday morniiic . I wi nt tLore , on that u . iy . It v ,-as br-kl at tho Crown Bank . There were 100 or 5 ( H ) persona present . C ) oper wr . s thera . but nubo- 'y herd i : lse ib'it I know of . Cooper audresflcd tile meeting . Tho purport of what he sai'i was , that
the t : niH was Come when the Chirter must b'Cume the Ii , " of vhi" Liiid . Many of thoso who werb present had cmJgela in their imn'ia . The people were excited . When tbe meeting dispersed the pe . pie went down to a £ ^ a . i ' . jiacturei- 's aiul turned llio poopla off Lheir employ . Th-.-y went to trio pulicb-i . ni . ee and turned the people out uf tho wa ^ cd iiousu wnu had tu gu before the rnaKibtirai ' -i in tha nuirniug . T <) get at itu m . they broke the i ' . uor opnu .. i kuow tbt > Ciiurc o R-queats w . is brokj open and the boot * were t' -. i . -v . < about . I kiuiw iHr . Kosf a htiu » e at Pti . khull . Thr h'U 3 e was broki n op n , and the furniture and winuovi-. s were dbftrojed . Nothing diso th . it I saw wits dune there . T ' iey wtnt tu Dr . V . ile's housu , ami it was brukvn open , » uS fire ta . ai . 'U the windows broken as < v . tl . I know
Mr . Allen ' s ; a !! tlw windows Were broken , and the goods were thrown through the w . ndowd . Tt : ore wus a meetini ; t ^ ac saiu « ev « niug about iiau-paist , seven o ' clock ; Mr . Cooper waa there ; it wae held at the Cro '^ -n liink ; there ¦\ vero 700 or 800 persons pr * Sont . Cooptr sue tli'i ' c . the day aad the hour wwo ciuic wben tbe Charter must become the law of tiio land . Ho then tol-l th » ni that there wtre not ten sulitiora fur every to * n tbat tbeva was ; and told them tho cumbt'C that were wanteu abroad . Tan meeting broke up between eujht aid uine . A . signal was ' gWtn by a pti-t il or a . pui , whuti went off i wicu umoiiK tha crowd ; aiiout a quarter of an hour lifter tha inepti .-i ^ broke up . 1 fcuow Lord G-ranvilla ' s cuilienes . Afer the iiiieetini ; broke up , tbe uiub wtot
there ; they se ' - tin ; to t' e 1 ifi ¦« . 1 know Mr . H&rkcr ' a house ; it is abuu ! cwo luimi ' . es' walk fratn Ljra Gianville ' a . Tb > - d »; i . i- ( if . Mr . Parker ' s house wus broken op . n , a ; id t . ' u nn ^ weuc inside . They desfroyed the tl-iin ^ s insult ' , ami then set tire to it . 1 kouvr Mr . Av ' . kens ' s house ; it ii ab ^ ut forty or fifty yards froin Mr . Parker ' s . Wlwn I saw it a was all in fliuiea . The first m « eting I atti-.-. dud nt tha ( Jrown Bink was on Uie lUt ' a cf ? . pr \ l . C >• ¦ •!>« , Richards , and Ellia were there . [ In tte course of Uw ..-xani * nation , Cooper several tiu . es int » . Trupt « d the L »* ir . id Counsel by objecting that he was putting leatiim ; , questiunn : but ins LuniBhij ) decioeil that Mr . K ctiuilb mitrht lsmi to an immaterial fact as a fuunduuou tor wjuat wts to fallow , ami tjjat ho had not diverged tv . jiii thu proper aud le ^ ai mode of txaiiimatioj . ]
Cioss-ex uniiifed riy the defendant Cooper—I am not lur . cu in the babit <> f a . ''T . t 1 ing Ctiarti » t nuetines . The placards I saw on the 10 th of A : til , upon ttie Crown Bank , were about hul in ^ out till tha masters gave tUuui tlieir pri&e . Tut % ¦ . ople turned out the followiug Week , and thuse who vr . Ta out turned othurs out . I was not turned out of work th < i , and I cannot txic ' tly Buy who wis . T : ^ -y Were coU ' . ers » uo wcro turned out ; 1 had only Lt : ' . td of their beint ? out of work ; 1 had no oihcr in-mis of knowU-. igo ; I uo n t know wLoae colliers they were ; I will swe . tr thf peup e were turned out ; it was on the papt-r that uiose masters who would give the men their prict s should oe worked for , ami that the people were to suppo : t th « s ; iU ' .-n who were out of work . I did not see your m > me ou the pMipers ;
there wasnotlilogahuutastrike , but sonibthinK about the pneos of labour ; th ^ te waa noihmg about Chaais'n ; in my judgment you bad nothing to tlo with the rupers ; tbat was the only meeting I attended in the month of April ; RicbaroB was : thore ; 1 have Been him scores oi times ; when I first saw him he wus coming up to the meeting , abunt twenty yards from Jerrj Yat s ' a house ; I waa there about from ten minut « a to a q arf * r of an hour . I swear I saw John Ricbairis in Han --y On the lO ^ h of April , and he hid breeches and 1 ^ 'gings , . I saw EHis at the Crown Bank , on tho iota of April ; ' I know his person well . 1 bad known aim about two years , and saw him at the meeting < a the lOiu of April ; I mean the 10 th of AujUBt ; I bavo Rone to school sometimes : ii know tbe d : ilcrenoe between
April and August ; Ellis waa present both at the meetings in April and August ; I will swear that I saw Ellis and Richofds at the meetings in April and August ; I do not know that I am speaking falsehoods ; Uie reason I attended ; tbe meeting on tho lOuh 01 April was that there was a funeral close by ; 1 hud nothing to do with it , but I jwent like many others do when they go to see the funeral of a person they bxve known ; I bad only known the deceased by sight ; to us a best of my knowledge that was the first ( jnaTtist meeting I had attended ; I was going no further ; I was going to the head Inn in the Potteries ; I was merely going by at the time ; I might have come to see you if I had known you weTe to be theTe , but I did not know it until I got down ; I ; came down sooner because there
was to be a funeral ; ii had not heard of any notice of meeting having been given ; I did not btop move tban five or ten minutes , or from ten minutes to a qu irter of an hour ; tbe people sung first for about three minutes , and I went into tbe head inn close by ; I stopped , iu the inn two or three ' hours , and came out afterwards wh 6 n I heard you speaking , bat did iot stop there ; I stopped in tho inn jaftei the meeting waa broke up . The reason I went to the inn was tbat I went to visit a young woman -, I was not in love , nothing at all about it It was a general thing for m& to go there on a Sunday afternoon . [ The- witness ultimately admitted that be was in love with the young woman at the
time , but " not very deeply . " ] I stopped in the public house about half an hour after the meeting ; 1 * "as not long with the young ; woman , as she had not doi . e' her work . She came in and out of the room ; I could not tell what yon said while I was in the room ; I did not come out of the room with the intention of paying any attention to what you were saying ; I came and listened for five or ten mtnutes , not with the intention of listening , but I did listen , though not very particularly ; I did not pay close attention to what you said . I can ' t repeat your words , ibut you were talking about the Queen and tbe Kings , and tbe salaries tbat tbe Kings had . You were talking about the Queen ' s bastards several times . You will have other witnesses in tbat
will tell you so . I heard tbe witnesses say so after heard you say it . 11 have heard them , say bo since 1 came here , and therefore I am sure they will say it . I will swear I don't know the names of the witnesses whom I have talkeii to . They were either witnesses against you or Cappur . I am certain you said that the present Queen bad bastards . I never heard of such a thing being said of j the Queen before . I have not heard her character described . I have not heard tbat she is a pattern of virtue ,- and tbat her private character is unimpeachable . I was present at the
meeting about ten minutes or a quarter of an hour . I was there about that time after I came out of ' the public-house . You were talking about the Queen immediately I came up . It was not about King Charles the Second . I am not likely to mistake Queen Victoria for King Charles tha Second . I am not suxe tbat you did not mention King Charles the Second and his bastards . I was not mistaken about your Baying so . of the Queen . I had not heard of such a thing before , and I thought it was an unmanly thing for any person to say it ¦ Cooper—So should I , if I had heard of it .
I solemnly swear ( bat I saw you with Richards 10 Hanley on the 12 th of August , going across the Marketplace , the night that thu meeting was hold at the George and Dragon , j You had 00 a cap , something like the one lying on the table in front of you . I am certain you were in Hanley on tbat night , and weuld say so if a hundred persons came into this court and swore tbat you were in Stafford pa that night . I can't say it was the I 2 th of August ; but it was on the Friday night . What I have said is true . On my oath I repeat that you spoke of tbe present Queen ' s bastards , and that you were in Hanley on the Friday that tbe mteting was held . The rtaaoii I went to the meeting was tbat 1 thought I might as wojl pass my time at the meeting aj
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iy where else . I did not go to the meeting because I had > ard your observations as to the Queen . I was shocked tough at your language on tbe 10 th of April , but that as not the reason . I thought I might as well go to is meeting in August as anywhere else . The cross-examination of this witness was prolonged r five hours . Cross-examined by the defendant Richards . —Ou the 3 th of April yen were at the C own Bank at Hanley . ou had breeches on ; but I cannot say whether you ad breeches and boots , or breeches and leggings . I id not bear any proposal at tbe morning meeting on londay , the 16 tb of August , for a person to be elected 3 a delezate to go to Manchester . I was not there at le close of the meeting .
Re-exauiined by Mr . R . V . Richards . —I am not at all Fa&igued or exhausted . I saw Jerry Yates on the morning of Monday , the 15 th of August . I believe Cooper lodged with him . Before the colliers were turned out there had been a strike amongst some of them . Those that gave over turned the others out . It was after the 10 th of April . Samuel Swan , examined by Mr . Godson . —I am a policeman , belonging to the Stafford constabulary . I was last April in the Hanley police . 1 saw Cooper on the 10 th of April at the Crown Bank , at a meeting there . My house is on the Crown Bank . There were from 100 to 200 persons there . Coopsr was standing on a chair . He gave out two verses of a song . The third Versa was . " Men of England , yeu are slaves , , Beaten by policemen ' s staves . "
ThU was sung at the meeting . He tben otened a Bible and read a text . He only dwelt on the text a few minutes . Ha then said that this n : iUuQ f ' ornierly belontjKil to the isixons , but tbat they were robbed of it and murdered , just as they wwe going to serve the Ciii't'SK . He then alluded to King John and the other monattha of the couutry . He next talked of the Queen and the Queen's bistards . I next saw him about six o ' clock in the uveni . g at tbe Crown Bank Richards was there , and some hundreds more . There was' a platform , and the defendants were on it . I heard John Richards proposed an a delegate to Manchester . It was not said for what purpose . Cooper spokp there also , and announced another ineeSinz there at six o ' clock on
the following moruiu ^ . A meeting w . the following morning . It continued till nine . Some ona then cried out , " , lads , for Burslem . '' Many wui'G armed with cudgels . There wer- _ s f-om three hundred to five hundred persons present . Tcey liberated the prisoners at Hauley watch-houds . They collared me . aud took me to the lock-up to look for oilier prisoners , but there were none there . They then left me and went to the ofiice , and threw out a quantity of constables' staves and rate-books . The &iave 3 they threw into tbn air . Tha books they tore to p tees . They U . en v ^ vnt off . and I saw 10 more of them . Ahoafc twdvo ov one o ' clock that night I saw Mr . Parker ' s kou « e on fire .
Cro » s-t-xmiiiued by Mr . Cooppr—I hav ; l > een a policeman 3 ? c years ; [ l . avenot received any moneyon account uf my giving evidence h' ^ re ; I bav « not been prouiiseii Co ba made a sergeant ; I don ' t remember the ot itr vvr . ids of : verse wkich I heard you give out at thi tneiUn ! : on Che loth of April ; I believe the words which you hsve no w repeated
" If their force yon dare rspel , Your ' s win be ths felon ' s cuU , " were Hie words which followed those which I bave naniHii ; I did not see any hymn-book in your hands ; I have seen the Primitive Methodises b' « U msetuigs ^ and he-trd tiieTU sing on the same spot of grvfiv ; I did not hear you say thnt her present Majesty bal rrwtards —you talked ab ^ ut " the Queen , and tbe Qaeoii's bastards ;'' I Snow no other Queen but the present ; I will nit e war tint yen meant the present Q . uen ; I did not see jvm at the nueting on Tuesday morning , or with the rioters on Monday morning ; tha p * rj- > ns ~ ho cams to tKe rtt ' eh-houae came from t » war « s t , \ . j p ! aee of ui'ttir . ij , but I c . 'i't swear that they ware at the moiHipj .
Cross-examined by Richards—1 saw Thomas Cooper at tbe medium of the 10 th cf Aprii , but nobo . iy else that is ' . 'ere ir . c urt ; I did not see you thero ; there was a meeting nt the Crown Ba ; ik at Hanley , on Sunday , the 14 th of August ; you were at thy mewting of the Kith of August ; I was not in bed whuii tlie meeting to"k place . Richards ( with great emphasis )—Niw , my good Mlo ; bi' -V' - we not b-en acquainted for a good while ? Nnw on yenr < r . th say to this Court , wsre you not in bed when that meeting took place ? Witness—I was not .
Swan further said—I di-J not bear you say , " Now , la' 8 , fir Burslem . ; " I can trust to my memory for tbe ex = » c * w .-ir- ' . " fir a f w days ; if I was not cert-un of the words . I sbt . uld not sUte them at all , but give the prisoner thu hC'ir 8 t ; I did not hear any person endeavour to pren ' . l with the infuriated people at Mr . Hill ' s on the 15 th of August nnt to commit depredation ; I don't know that you weat to Manchester after the meeting on that day Re-pxamiced by Mr . Godson—A ' nout two or three minutes elapsed between the end of Richards ' a speech ami the words ' Now lads fo-. Burslem . '' The men who went towards Burslem had cudgels in their hands .
William Smaliwoo'l examined by Mr . AI-. xander I live at L-jngoort now , but in the course of J' -t summer I live'i at Sm- > Ht ! i' » rn . I know a bouse occajlei ' . bj Win Pepper tb ^ re . O : i a Suaday in Februarj- last year , about six in tbo evening , I heard some persons ainginfir there . I Inofeeti through the window and saw a fjoci nr . ny persons thtir ? . I saw Joseph Capper in Win . Pepper ' s house addressing tbe paople . Hy said , " The words of my text must be to-night , 'To your tents , O Israel' Ths meaning of that is , to bt ready in your own houses . " Ha cried oub twice , "Are you reaily'" Some of thorn cried " Yea , yes . " He said , " Are you sure you are ready ? Have you gut your Rwords , your guns , and your bayonets ? ' The people laughed at bim . and tben he went on to say , " I sup-P' ^ s' : you think old Cappnr ' s come with his physical
force asr-iin . It is not a laughing matter Wd shall have a severe fight , but it will bd but a short one . " He said , " What will you do when you have got the Charter ? " Nobody answered him , and he said , "I t * ll yon what I should recommend jou to do : we will take the bishops , clergymen , hjpocitical Dissenters , and magistrates , and pu- them on board a vessel , traujpjro c . h > -in , and put them into Affi'iger , I suppose he nitaut 'Affi'hauistan , ' to be massacred and assittrnattd among the Hindoos . " Afterwards I saw Cappur ajain addressing tbe people on a Sunday bV ^ aing , frutn tho windows of a public-house . He spoke apparently to the women , as there was a good quantity of them , and said , " If you cannot fight , you tan torch , " and I think he mentioned some cities and to-vns , by the destruction of wbich the Wfc ' gs carried theH form bill .
At \ he CLi . clu 9 ion of Smallcoid ' s examination , Cappur sn , ! tLiat he bad produced fourteen witnesses at the f ' peiiaiCommission to disprove what he had stated ; but he but now beou in prison six months , and he had not knownthat Sinullwood was again to be eallsd as a wi ness . Cro- ^ s-exnnuied by Cappur—You put me iu th <; C > urt of R' quisle futvho prico of a giate , and I was ordered to pay thd amwmt by instalments . I did not say I ¦ wtuld " fit" you dt for it ; but I said , " as you preach Universal Suffrage , 1 hope you will preach , in future , universal
bouesty . ' When I saw you in . Pepper ' s , b « use in February iast y « a- ( yoa gtood opp 0 Sita y ^ wiadoi 7 . I swear the curiaH . of the window was not drawn ; there is a small fence ^ h front of the wicdow about three or four fe * t high , but I could see over that ; the wii . dow-sill is from three u , four feet from the ground ; I dia noc cct down w .-at I Var ( 1 from you in k b ( Jok . j was examined at Newcastle Us ora Mr . Ashford Wise ; what 1 the , swore was taken a ^ wtiliDS ,. c , ppur was before the magistrates then - . Cottrill of tbe Newcastle police , ntver told me wh' > . t 0 8 Weair whea j wa « thtre .
After a numherof questions with t-, vj ew of ghaking the witness's testimony . Csppur a&i ea him , " Did you not say to a certain p ^ rsun that you t ^ Baj ^ many a thing th- 't Cappur never said , but tbat th » lentlemen of Bursleir . forced you ? Witness—Never , to any roan living . Cappur—( with great warmth )—You shall have wore said to you if ever I get out of prison . I'll indict jou for perjury . His Loruship reprimanded Cappur for his remark . Crops-t-ximined by Richards—I did not Lear you recommend the people of SmalHhorne to help each other . I have been ona of the Committee of the Chartist A > auciation , but not when it bore that name ; wheu 1 bfelong-. d to it it was called tbe Operative Rrfora Ai-sociition . —Richards put a number of other questions , for the purpose of impugning the character of tag witness . Sma . il wood denied the charges implied by the questions .
Cross-examined by Cospf > r—I never sarv you in my life atauy meeting wiia Cappur , Richards , or Ellis . _ Coop-jr pursued the same course of cross-examination of this witness as of tbose who had preceded him ; and occasionally received tart replies . The witness was examined by Cooper as to his views with respect to an extension of tbe franchise , and whether he bad not agreed with Richards in promoting the Charter . After several questions on this subject had b « en repeated . His Lsrdship observed that that course of cross-examination was a very great waste of time , and conld have nothing to do with the question which the jury had to decide . It waa very difficult to say how much time he might be allowed to waste ; but the present examination appeared to be a thorough waste of time . The witness was further cross-examined as to the towns which he had meutioned before the magistrates as these which Cappur had alluded to as having been burnt
It being twenty minutes to nine o ' clock , the Court waa adjourned till nine o ' clock on Tuesday morning .
Tuesday , March 21 . Tbe trial of the defendants was resumed at nine o ' clock this morning . Thomas Firth , examined by Mr . Serjeant Talfonrd—I am a tailer at lonstall ; on the 24 th of June last I saw some persons coming near the Market-place , about seven in the evening ; I saw Cappur and Ellis heading the people towards the Town-ball ; Cuppur carried a three-lrtr ^ td stool in his hand , which he set down , and tiien stood upon theia were 200 men present ; Cappui ( Continued in our Seventh page . )
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6 THE NORTHER N STAR . :
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Citation
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Northern Star (1837-1852), April 1, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct796/page/6/
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