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TEE QtJEKX T . COOPEB A » D OTHEXS . ( SpecM Jury . ) T * " * ' ¦ was an indictment for Conspiracy against Tfeemas Coopa , of Leicester , J . hn Richards , of H&nley , and Joseph Cappur , of Tunstall , three Chartist leaders . G&ppur , having bs *^ ¦* -eitcsd to two years imprisenjnent in the Cr ^ ao ' i » t the late Special GoEimis-Bion , was hroui- . a in co&tody to be tr -ion this indictment . The uiiier two dsftnaants ¦» - .. ? -jnt on bail Ibe case h ^ a bgtr . traversed frum the Special Commission , and fca-ring been removed by a writ of ceTtioroni , into the Court of Queen ' s B = nch , csme on for trial at Ifisa Pries this marniDg , at nine o clock . Tie folio-wing gentlemen -were tvura a Special Jury , to by the
case;—Joseph Tarratt , Esq .. William Arden , Esq .. John Xerrett , Bxj , EdvraiS ItaDone . Esq .. Edward Fainti . Esq ., John Turura Fereday , Esq ., John Bourne , Esq ., 32 . P . Cartwrigbt , Esq-, Edward Tongne , Esq ., Richard Bazddine , Esq-, Ralph trough , E ^ q ., Thomas Sneyd , Esq . Mr . Sergeant Talfcurd , Mi . R . "V . Richards , Q . C-, 3 Ir . Godson , Q . C-, » rn 2 Jr . JUfcXander appearea to conduct the prosecution fur the Crown . The defendants appeared in person to conduct their own dtfsnce . The three defendants took their places at the barlister ' s table , immediately in front of the Judge . Cooper Lad a book , in -which hB af terwards look notes of the evidence . Richards also took notes . 2 &r . Alexander -was ab-ut to state the counts of the indictment te the Jury , -when
Cooper rase , and , addressing his Lordship , said—My lord , 1 am here without any lEgal assistance at the present lime , and as I understand 1 hare been tried and convicted as Lancaster—His Lordship—I can hare nothing to do with what las taken place in another Court . Cooper—I -was about to say that if I read the fifth count correctly , 1 think it precludes the possibility of my trial at the present time . His Lordship—As yon have not bsen . sentenced I can taSe bo cotice ot it . 21 you had been sentenced for the same efiesce "with "which you are cow charged , yon Slight have pleaded that you had been so sentenced . It you feave been convicted on the same charge , that will of course he taken into consideration htreaf ttr if it should 1 » necessary . 3 d * r . Strjsant Tslfourd—I am told it is a mistake , and thai it is another person .
Cooper—WelL 1 «>^ i be -very glad to £ nd that it is a Tnfete ><»; but 1 find it stated in the newspaper J have in my hand . The Judge—If it had been so , yon woold not have "been informed of it through the medium of . a newspaper . . Mx . Serjeant Talfocrd—I < lo not pledge aayself that it is & mistake ; 1 understand that it is so . Mr . Alexander then stated , that the indictment in this case charged that the three defendants , on the 15 th of August , in the last year , unlawfully conspired together , -with divers other persons , to cause , raise , and make riots and tumultuous assemblies , meetings , and
bodies of the people , in breach of the pnblic peace , and to induce such people to resist by force of anna the laws of the realm ; and that the three defendants on the 15 th of ^ August , and other-days , at Bnxslem , in tiiis connty . unlawfully spoke to and in the hearing of the subjects of our Lady the Queen , certain false , scandalous , and seditious speeches , "with intent to incite and persuade the people to discontent -with , and hatred , and disaffection to the hvws of this realm , ss by law established . There -was a second caunt , -which stated that the three defendants combined together , to procure and raise tnmnlinons riots , and seditious assemblies , is order to resist by force and cause to be resisted by force the due execution of the laws .
Mr- Stsrgeant Taipoited , in opening the case for the Crown , Eiid—Hay it please your Lordship , gentleman of the jury—It is my dnty , by the direction of the law officers uf her ii £ J = £ * y , to state to yon the nature of the charges against the three defendants , and with the assistance of my Lsam = d Friends to lay before you the evidence by -which that charge wi ; l be . sustained . In the discharge of that dnty , I shall be compelled to recal toyonrrecollection those disastrous scents of tumult and plunder "which occurred on the memorable days of Monday , the lath , and Tuesday , -the 16 ; b of August last , in the Pottery district of this county , -which rendered necessary- the Special CommissioD -which sat in this place in Octob = r last , and -which drew . down npon many unfortunate usrsons tie pail * and punishment = jf
"felons . The present indictment is one trmt . -was fonnd at the Special Commission against the thret defendants . It imputes to them guilt of a less legal degree than that of those persons "who were then convicted ; but I cannot conceal from you thzt it imputes to them suilt of equal moral atrocity . The charge being one of misdemeanour , the defendants exercised their light to traverse this frntMrfrngnt to the present asEzes , and upon that traverse it is that that indictment comes- before you for your just and impartial decision . Gentlemen , before I revsrt more particularly to the nature of this charge , * nd shew you "what it is , it "will be -well , by way of caution , that 1 fhoald state to yen ttat -which- it ia not . In the course of the ts ? ia = nce yon will hear speeches aitnbated to the several defendants , in which you -will
find mention made of a great political change -which the defendants profess to advocate , under the name of the Peopl e ' s Charter . Gentlemen , I cannot too eoob acquaintyon that it is not against the principles of those -who desire that political change—it is not agaii-st the public advocacy of those principles—it ifi not eves against za ic temperate sal in the advocacy of the principles-which are supposed to be involved under that name , that this prosecution is aimed . It is perfectly lawful for any one by writing , by lecturing , by speaking on St and proper occasions , and in a temperate manner , to urze those principles on the public mind , and to seek to attain their object -when time shall have matured the minds of the people of this country for the entertainment of those principles ; and even
supposing that , in tse course of that advocacy , in the heat and the zeal of the xnoment , some intemperate Expressions had fallen from those - who advocate each principles , thai also ia the nature of the charge -which is preferred against these defendants . I may , indeed , perhaps , be permitted to observe that it might excite some surprise that asy one , however deeply impressed -with the truth end justice of what are called Chir&t prin-« plss—however fondly believing tha \ a time would come "when the public mind -w ould be tamed to the support of these principles—and however deeply impressed these principles might be npon an honest mind , —I « ay It might txcite surprise to find it possible for any cslm person , judging -with serenity of temper , to look ETonnd at » he state of society ia this great country
—Jo see the toousiBd rootB by -which power is planted in the various classes Of society—to see how , K .-k i > y link , the institutions of the country are attached to the hearts of those around them— it is difficult , I say , to-conctive thai asy person , calmly and serene ' iy believing those principles to be the principles of truth , could hope for any sptcdy or sudden triumph of those principles by the mere -weapons of reasoning and argnment 3 ut I "Will grant that it is possible that a person , enthusiastically attached to those principles , may see the imaginary future in the instant—that he might think it possible tj over-leap all these obstacles—and beiicve that the season had come for the triumph of thos « principles . And if you * ball find that these defendants have done no more than this ; if you iind that they onlj
intended to advance theii causa by season , by persuasion , and by elr-qnencB , I atk no verdict against them , lovevtr I may think them ( and yon may thiT < lc them ) mistaken -with xespeet t * these principles , or their speedy victory . The scene to -which I ihall have to rail your attention is no doubt very familiar ' to moit , if not to all of you ; it is the Pottery disirici of this connty—a district of -which Tunstall is at the northern extremity , jusd jjoztgum to tbe south ., in the centre cf » bich is Bnis ] em , Hanley . and Stote , and t « the -west 2 Je-wcsEt 2 e . It is a district surrounded by coUeries , tbe mineral -weali o j -welch is great , and those colleries extend , in fact , beyond the Pottery works , ^ he Pottery "works have of Jate years grown into a most important part s > t national industry , and give employment to many
thousands « f hands in a district that is densely popnlOUS . In the month of August last , nnhsppiiy , disputes had ariBen both among the colliers and their szasiers , and the potters and their employers- Those disputes had nothing -whatever of a political nature in * heb origin . They arose entirely in disputes with respect to the 'wages to be paid in the different colleries , and in some of the pottery manufactories . The men had struck for -wages ; and the masters and men -were in that degree of hostility to each other -which such a oand ^ n i mp ^ s . in that there iras nothing illegal . Tis -workmen had a perfect right to esmbine , with « thers , for the purpose of desisting , from that labour nnta their requisition should be complied -with , or a compromise effected ; bui although that state of things
aa-rolved no crime , yet it involved a great calamity , because one cannot conceive ol any-state ofthisgs more distressing than that in vhich the ties of affection and legasd-which bind the higher and middle classes to fiie lower are tamed into hostility , ana the ft »™ j ? f ? n of many working men left -without the ordinary meacB of subsistence . It -was at such a season that -we chtrge fl » defendants { and yon are to judge by the evidence whether it-was so ) that they , taking advantage of the anhappy state of hostility In -which some of the masienfwm placed to theii servants , thought they conld « apjoy the { ores of those -who had chosen to leave their mploymeat to do that -which was illegal and tyransocs—to force others who -were disposed . to -workfor Ibeir mutarfl to join- these -who had struck . for an
ia-Crease of wages : thatthey thought that in sueH a ' state of things fchsy might tun that winch was a strike for wages ( baring fist aggravated It by force and -violence } into astrtke for the Charter : that they could assemble the multitude so iurned out from their honest employment , and combine them into a common cause , so that they may strike , bjmfansof these persons , terror and itoagr Into the hearts of those who opposed them , * o 4 tboi pbftua aa illegal advance of those
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principles -which they had a perfect right legally to ad-TocsVe . Two of tbe parsons before yon reside in the district of the Potteries . One of the persons included in the chsrse , Wm . Ellis , whe has been convicted of another offence , was a potter , at Burslem . The defendant Cappur -was a master blacksmith , at TonstalL Tbe defendant . John Richards , was a shoemaker , at Hantey ; and they -were all active advocates of what are tailed Chartist principles . The other defendant , Mr . Cooper , is a stranger to this district He had paid it a visit before August last \; -which you fill find to be important in the investigation of this case ); but he is , I believe . & person residing at Leicester , and not having &ny business in , or connection with , the Potteries . I ahsll sIkw yoa -that in -the month of March preceding
the outbreak in Aiignst-of last year ,. Mr . Cooper for the first time visited the Pottery district , when he became acquainted -with the other three defendants mentioned in ike indictment , Bills , Richards , and Cappur . 1 shall shew that all four were together at meetings of the same character , and "that at the close ef those meeting * Mr . Cooper left , stating that ha shonld come again at some future season . The meetings at that time were held at a place called the George and Dragon , at Hanley ; asd you will iind some of tbe expressions used at those meetings jwith respect to the number of soldiers in different parts of the country ) tallying with some of the ezsressions ^ ised at meetings "v ^ nich "Were subsequently hfeld . After 11 * . Cooper had left , meetings took place at Tunstall and Hanley , at which the
defendants Cappur , Bichards , and Ellis Bpoke , and yen will find that at one of those meetings the defendant Richards used expressions which will be vtry material indeed in the course of this inquiry . He told the people whom he was addressing that the army was withdrawn on foreign service , and that there were only five or six soldiers to every town throughout the kingdom . It is for you to conceive whether these observations had a tendency to an attack upon the authorities by force , o . r whether you can apply them to the advocacy of principles by argniEMit and reason . On the 30 th of Jnly , when the public mind in the Potteries was agitated on the subject of wages , Mr . Rsehards spoke to sevi-ral persons around him with abhorrtnee of the military . He spoke of hew he would treat a son of his to prevent his enlisting into the army ; and said , " you need not mind ball cartridge : we will have blood for blood .
¦ when tie time for the ont-break arrives : stick to your point , and we shall get what we require . " On the 9 ; b of August a meeting was held on tbe Crown Bank , in the very centre of the heart ef the Pottery district , and -where there is very great facility to accommodate the numbers who might assemble in that populous neighbourhood . At that meeting Cappar made a speech , in which he alluded to some military tactics , told a story of ihe Duke of Wellington which , if trun , ( but cenainiy it was not true ) would have betjn dishonourable to that great soldier , to which this country will be under such eternal obligation ; and he then referred to the military tactics which tbty themselves would have to practise On tbe 12 th of August there was another meeting held on the Crown Bank , at which both Eilia and Richards were present . Now , up to this time the defendant Cooper had not appeared in the Pottery district from tke time h& was there in March . We believe that he
first came into the distriet on Saturday , the 13 th March , but that will not be very important , 'because his second introduction on the scene took place on Sunday , the 14 th of August . On that day he was first observed heading a procession , which was moving towards Longton from Hanley ; and the persons with whom ho was in procession , about 100 in number , were singing verses to a hymn tune . Cooper led them on until they came to a piece of waste ground in Lcngton , where be mounted a stage oj some rising ground , from which he addressed the people . He spoke then in the same strain in whieh tbe other defendants had spoken bef > . re with reference-to the small number of soldiers in each to-wn . He said that there had been a plentiful harvest for the people -to enjoy ; he spoke of the army and the clergy , and , what will be vtry important in this case ,
he pointed to the Church ; he spoke of it in language which I will not r . peat , but he particularly pointed to the house of the rector of Longton , and said that the rector had some . £ 400 or £ 500 a year , but that he ought only to have £ , m or £ 50 a year 1 He spoke of tbe time when th « church should be laid low , and the people have an opportunity of enjoying that which was now appropriated to the ministers of the Established Church , Ton will find that very important , with reference to the tendency of this discourse , when you hear what -were the fruits on the fallowing day npon that particular scene . Be said that he had addressed 15 . 000 people at Wednesbniy afew dny 3 before , and that they had come to a determination to abstain from work until the Charter was the law of the lund . He then gave out some verses , < which were eung to tbe tune of Rule of Br i tannia , ) commencing with the words
Spread the Charter through the land , — Let Britons bold and brave join heart and hand . " Ha then went through a form of prayer , and dismissed the assembly with a benediction , stating that there -wonid be a « eeting on the Crown Bank , Hanlt ? y , on the following mornin ? . Accordingly that meeting toot place at Hanley , on Monday mcrning , Mr . Caoper being tbe principal speaker . He appeared there a&ong a number of persons who were physically strong ; many of them were armed with lsrge sticks , some of them ¦ were TecJining on the ground with their sticks oy their side , while others were standing leaning npon sticks . He began by saying that he was come to tell them what had been done In other places as to ceasing from labour
until the Charter became the la * of tbe land : he did not tell theni to do what others had none , on * he to d them what they had done , and perhaps they mjght be disposed to follow their example . He then sp ^ ke of tee meeting st "Wednesoury , which had been attended by 15 . 000 , instead of as he had txpected by 5000 ; he spoke of the corn that was on the ground , and he incited the people to some to a resolution to desist from labour until the Charter became the la-w of the land . He said he wss self-elected Chairman of the meeting , and gave ont those beautiful -words of Scripture , * ' Come all ye that are -weary and heavy laden , and I will give you rest ; " and then , as appropriate to that ttxt , be proposed a resolution that all should cease from labour until tbe Charter became the law of the land .
Cooper—My Lord , I don't know whether I am in order , but I believe the Learned Sergeant will find , if he refers to his brief , that 1 did not do so . TUe Learned Judge replied that the Jury wouH of course be only guided by the evidence adduced btfore them . Mr . Sergeant Talfouwl resumed—G-mtlemen , what I am now Btating is merely to give an ontlineetf tbe case for the prosecution . Of coarse if 1 de not otabijsh by credible witnesses any part of my statement , it 1 b quite unnecessary tor me to tell you that that is to fee entirely dismissed from your nrinrin . I am stating it from matter which I have reason to believe I shall prove ; but when a e-se depends on expressions no doubt yon will watch the evidence with great vigilance , and take care that
nothing is pressed against the prisoner ; aid if you thought that there was any mistake as to his meaning , jon would give him the benefit of the doubt I think there can be no doubt on the evidence that he sought to induce them to abstain from labour until the Charter - was tbe law of the land ; but whether he put that proposition in tbe form of a resolution , « r whether he did so by incitement , is quite immaterial . It is not at all necessary for me upon this part of the case , to call upon you , under my Lord ' s direction , to find that such inchfement , such recommendations are 3 n themselves offences against the law , because the present charge go ** beyond them , and it is only sn iDgredient in the ease I have to lay btfore yon ; but can one conceive anj thing ro ^ re disastrous than the success
of such a scheme ? Can ene conceive any position of human society more AUtiessing , in which acts of outrage may sprii-u up , than for the working population of the country to be piaced in a stste either of starvation or theft , becsase it is quite impossible that such a recommendation could lead to &ny other result It was a part of the doom of our species , at the tiire when it fell from its first inno cenoe , that " by the sweat of the brow it shouid eat bread , " and a part of that doom was a merciful part—( because there is no state in which man can be healthy if in a condition of inaction , unless it be in a stale of innocence )—it ia , therefore , a mercy to fallen man , that industry becomes a part of our very nature , ana the duty not only of those who are most falsely , aa distinguished from other classes , called the " working
classes , " ( that is , those who work by the labsnr of their hands . ) but it also becomes the duty of those filling every station in society—of those \ ibo work by the severer and mere anxious toil of the brain—who have tfce intellect perpetually exercised Bmidst anxiety , toils , and cares ; and it is the common lot of man , bom the cradle to the grave , that in one department or another he shonld Bfcrve his family , his country , tnd his friends by tfea labour either of his hands or his brain : and he , therefore , who severs a Tnhole population from that healthful state to which Providence has called ns prepares tie seed for the introduction ot the w « at possible consequences—for the triumph of the worst josiible passions—for tbe enSering of tbe worst possible
cslaTTiitien , You will fied , however , that the incitement on the Crown Bank was not confined to Chat Mr . Cooper , you will find , used other language then , which I would rat&er yon should , hear from tbe witnesses than from me , and which had a tendency , ( rather indeed by an artful covert , } but still had tfcs tendency to incite to acts of distinct outrage , and yon will find the consequences were immediate upon > tbe incitement being made . The Learned Connssl her * pweeeded to narrate the riotoes proceedings of the mob ia Hanley immediately after tfee breaking up of the meeting on the Crown Bank on Monday , the 15 fcb of Anguai ; , in the coarse of which he observed that the mob who bad turned out the people at Mr . Bidgwa ^* s manufactory was headed by Yates , ia whos& hone Cooper thea
lodged , and that in hla speech Cooper had referred to the Court of Bequests as a specimen of elan legislation . Sergeant Talfoard proceeded to describe the destructive acts of ttie mobs who attacked the police station at Stoka , and Mr . Bom ' s residence at PenkhuII , and after describing what took place at Fenton , the Learned Counsel observed : — " The work of the third dMslbn of the mob was still more fearfoL They directed their course to the Bpot from which Mr . Cooper bad addressed the people the night before at Longton . They first attacked the Town Hall and Police Office , which they partly destroyed . ; they thoaght there were arms in the Hotel and marched it for arms ; they obtained I believe some police stevea . "
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Cooper—The Laarned Serjeant must be quite unaware that the multitude th&agbt this . He does not quote his brief . The Judge—He is only giving an abstract of what his instructions are . Ctwper—I am not aware it is usual to inflame the mind of the Jury by telling them what the multitude " thought " The Judge—Certainly not , bat he can tell them ' what the mob did , from which the Jury may draw their conclusions . That is the effect of what has been stated—{ that they did such and such an act , and it is for the | Jury to say with what intent the mob did that act . I don't think you will find brother Talfonrd will state anything improper .
Cooper—I make no general complaint , my Lord . The word " thought '' struck me at the time . J # Mr . Sergeant Talfourd continued—I am sure ^ if used any word that was unfair—if I said what the parj ties thought , I stated that which was not strictly cor-1 rect ; but if tbe defendant will allow me I will put the i qneatien on a fair footing . I do not state to you ' that these parties weat to Longton because Mr . I Cooper had been speaking there the day before j but I i pnt the two facts in juxta-position , and it is for you to 1 draw your conclusion . They went from the Town Hall i to the house of tbe Rector , the Rev . Dr . Vale , ( the per-! -who ' had been referred to by Mr . Copper in his j speech the day before , ) they burst open tbe house , ! plundered it completely , set fire to it in four places ,
made a pile of furniture In frunt , which was set fire to ; they found in the house a quantity of spirits , which they drank , and this no doubt inflamed their fury . They remained there till four in the afternoon . A flreeDgine was brought to the spot , but an attempt was made to destroy the hose , and that attempt would have been successful but far the heroic conduct of a surgeon named Da-wes , who , when the authorities were quite paralysed , ( for there appears to have been no attempt made to Jnt-. rfere with the proceedings of this mob , ) rescued the hose of the engine from those who were about to destroy it , and ultimately enabled tbose of the inhabitants who came up , with some soldiers and police constables , to extinguish the flames . A number of infatuated creatures , who bad become intoxicated , were
easily taken into custody by the police and soldiers , as they lay in a state of helplessness on the ground . While this was going on Mr . Cooper did not appear ; and J state to you in the broadest manner , that there is no evidence to shew that Mr . Cooper ever took & part I n tbe destruction of property , or personal violence : but where waa he during the day ? At half-past ten in the morning , when the attack was made on Mr . Qibbs - fi bonse , and the Court of Requests , ho W& 8 at the Royal Oak , Hanley . A witness , who is the leSBee of the Water "Works at Hanley , went to inform the landlord of that house as to -what was going on ; and it will be an important circumstance for your consideration that Mr . Richards was in that room at the time with Mr . Cooper . Mr . Cooper was informed of
what was proceeding ; but the witness is not sure ¦ whether the following expressions were used by Cooper before or after he had informed him of the attack on the Police-office ; and I , therefore , desire , that if there be any doubt on the construction to bo put upon these words you will give the benefit of tbe d » ubt to too defendant Cooper said , " That ' s right—that's the way to do it ; " and he will contend that these expressions were UBed , not with reference to these acts , but to what they b ^ d done in tnrn ng out the hands by stopping the colliery of Lord Granville , aud hy turning out the hands at Mr . Ridg-way " 8 . If there is any doubt upon this point , the favourable construction la the ono you are bound to adopt I will suppose that those « xprese&ions had i . ot reference to tbe outrages of which bo
was then informed ; but surely if he was at that time informed of what course the people were taking who had been attending on his discourse in the morning , you -would have supposed to find him endeavouring to put a stop co thfcse proceedings—surely you would have expected , if his object and desire had been something far different from that of which he was apprised , that he would have attempted to prevent it ; but he does not appear on the Bcene during that day until the evening , when another meeting is held , according to notice . That meeting at the Crown Bank is of the laat importance in tbe consideration of this case . Just see what a Btate that neighbourhood was in at the time
when the meeting was held ! Mr . Rose ' s house had been pillaged , Dr . Vale ' s bad been blazing , and the country throughout was in terror and difimny ! Now , if at tba ; time he used tbe expressions which ore attributed t » him , it is impossible to put any other construction npon them but that he txpected what had taken placo . He said to the ptople , " Some of yen have been < irunk to-day ; " ( that was at Dr . Tale ' a . ) "keep youraelvte sober—if you get drunk you are sold . " He gave them that advice which , in the first place , proved that he knew what had taken place , supposing you could doubt that any one conld be within two milea and not hear of it .
Cooper—The Learned Serjeant cannot be aware of what was given in evidence on the former occasion . Tbe Judge—I must not have allusions made to what took place at a former triaL Couper—You see , my Lord , this is n » t in proof of anything that had taken place . The Judge—I cannot tell until the expressions are proved . At present brother Talfourd is only stating wh&t he expects to prove . Mr . Serjeant Talfourd—I am reasoning upon the evidence which I propose to adduce . If that evidence is capable of another construction , the defendant in bis turn will give it . Nothing in italf could be more commendable than the udvice to the men to k * -ep sober ; but still it will be fur yun to say whether it w . is possible fur
him to have cume to the Crown Bank in Hauley , ( which is about two Hii ) es from Dr . Vule ' s house ) to meet his disciples on that evening , without being apprized as to what had taken place . I cannot conceive it possible that any ptrson In a public capacity , in the centre of that district , could have been ignorant of what had taken place , however he might have disapproved of tbe act * . Vow , it will be for you to judge of the words which I have before me , but I will not now state them , because it is better , when expressions are to be depended upon , that you should hear them from the witnesses . If in that state of things tbe defendant Cooper did not dihsuade thtm not merely from drunkenness but from acts of violence , and if he addressi-d them in most
intrmparate terms , it is for you to draw the inference with what feelings he regarded the condact that bad taken place . Tbe meeting dispersed at the sound of a pistol . Whatever Mr . Cooper bad said at that meeting , you will find what the parties did to be Incapable of any txulanation -whatever . They went from thmce to Mr . Forrester ' s office ? , which they set fire to ; they remained there triumphant umil ten or eleven o ' clock , and from that time the house waa in flames . How was Cooper engaged at that time ? Was he doing anything ? i ehaH shew you by six witnesses that while the house vt Mr . Forrester was in a blaz 9 Mr . Cooper was teen to walk down in the crowd towards that fire : he was afterwards seen in company with five or six
persons . Cooper—Having substantiated an alibi at the Special Commission , — i The Judge—Yon must not Btate facts that occurred tlsewh * -re . At present I can « jJy attend to the evidence to be brought before the Court , and tbe CounBe ) rauf-t be allowed to state what he intends to prove ; ha will thon call witnesses : and after he has done so j ' jU cum address the Jury , and call witnesses if you please .. Mr . SeTgeant Talfourd resumed—If tbe defendant is able to shew that he was elsewhere at the time , well and good ; it wilt be for yon to judge according to the evidence . 1 was mentioning that about a quarter past ten Mr . Cooper was seen proceeding in the direction 1
have nam ^ d . About a quarter oi half-paat eleven , thb crowd came from Lord Granvilles , and went on to the house of Mr . P .. rker , a magistrate of the county , residing in Shtlton . It -will be in evidence before you that Mr . Cooper was seen to detach himself from the mob coming from Mr . Forrester ' s , that be was with a person whs w . is dressed in women ' s clothes , but who appeared to the witnesses to be of the other bcx ; that he was seen to go towards Mr . Parker ' s ; and that a very short time afterwards the flames broke out from Mr . Parker ' s bouse . I shall call another witness , who will tell you that he saw Coopvr three tiroes wa ' . k backward find forward in front of the p . ' ace where tbat flre waa raging . These circumstances -will bn laid before you for the purpose of askine
yen , nut on this occasion to believe that Mr . Cooper actually was a party to this fire , er had directly ami immediately excited the people to commit the act ; but for the purpose of asking you , whether you can connect snch conduct as that with the speeches which Will t ) Q given in evidence , and then believe that Mr . Cooper was in the Potteries innocently and laudably advocating the principles which he hoped would eventually triumph . JMr . Cooper , according to , tho evidence of tbe witnesses , was Been to go off from Shelton towards Burslem , where he was taken into custody , and taken before Mr . P < irker , the magistrate , who was at that time in seme other house in bed . Mr . Parker did riot at that time see any reason to detain him - . be was discharged : and that was } believe tha las ' , time that Mr . Cooper was seen in the Potteries .
Cooper . —The Learned Sergeant is connecting my supposed appearance at the fire * rith my speeches , while I have proved an alibi . The Judge . —I have told you that I know nothing of the facjs . The counsel con know nothing of them but what proceeds from the witnesses , and therefore you most ailowi the ease to proceed ia the regular way . You must not interfere , because I shall not a ll ow it Cooper—It is intended to compel me to produce my witnesses again , which I did net expect It has already cost me £ 100 . The Judge . —Whatever is evidence in the case 1 most allow to be brought forward—I cannet alter the law .
Mr . Sergeant Talfourd again resumed . —I will make » o allusion to what passed on the occasion to which lit Cooper alludes , aa I waa not present myBelf . I am stating , I aope , fairly the case I am about to lay before you , according to my instructions . I was making the remark for bis benefit , that that was tbe last time when he was seen in the Potteries . He was afterwards apprehended in Manchester at some distant time . Cooper . —I waa never apprehended at Manchester . Mr . Sergeant TalfourxL—Well , that la quite immaterial , it la not necessary to pursue tbe melancholy procwiiup of the night of the 15 th of August The
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mob , after attacking Mr . Parker ' s bouse , attacked the bouse of Mr . Aitkens , the Rector of Hanley ; they ifterwards broke into the house of a solicitor named Griffin , and committed other acts of outrage on which it is not necessary to detain you ; they are matters of history ; bnt it is necessary to see what tbe general con duct and acts of the mob were which the defendant Cooper is charged with exciting . On the following morning another meeting waa held at the Crown Bank . Mr . Cooper was not there , and , therefore , what took place there cannot personally at : ach to him . The defendant Riftharda and Mr . Ellis were present ; and again I will not state to you the language said to have been used by Richards or Ellis ; but I believe you will find the same allusion to the soldiers ( which had been
referred to throughout the transaction ) again dwelt upon at this meeting ; and I think you will not find from one end of the transaction to the other , anything like lamentation with respect to the yarioua injuries which had been committed . It may be that Mr . Cooper did not intend th : it those injuries should proceed to the extent Ut which they did It is possible that he might have left she county shocked at the extent to which they had proceeded ; but it is for you to say whether tho expressions used at such places could have bad any other object than that of arousing the passions of those who were present to acts and deeds of outrage , for the purpose of striking dismay into the hearts of those wbonvere disposed to oppose the Charter—whether that was not tbe scheme ( although
the plunder aud drunkenness might have been without scheme ) which the defendants had in view—whether they could have bad any other object tban to have the police-officers attacked and the law resisted . If they did that , then they aru guilty of the oflanca charged on this record . After the meeting on Tuesday morning , the crowd increased , they called out " To Burslem !" Eilia headed them to Burslem , and there , for tbe first time they wiet with effectual resistance . Captain Powys , an active magistrate of that division of the county , had assembled tbe aoldiera together . The mob at the signal of a pistol being fired pelted the soldiers . After Capt . Powya had resorted to every other means , afcor he had read tbe riot act more tban once and implored the people to disperse , or he should be compelled to request the
officer in command to order hla soldiers to fire , that order was given . One of the mob fell dead ; he had a bludgeon in his hand , which he grasped in death : and although at first there was a cry that the soldiers had only fired blank cartridge , yet wh » n they found that one of their number waa actually killed they fled in all directions , and the mob did sot again assemble . Though individual acts of outi age -were afterwards committed , ttlitt ono act Of brave aud determined resistance dispersed the whole mob ; and if that could have beeu done at first , the greatest devastation would have been prevented , and many unhappy persona who were tried here at tbe Special Commission would have been saved from the punishment which they wore now undergoing . Tbe charge , you will observe , is one of conspiracy ;
and , therefore , in order to conv ' c !; any or all of the defendants , it is not necessary thai ; I should shew you that that person himself individually did some act with the intent charged in the indictment—that he made speeches inducing the people to resist the authority of the law , but I must further shew you , that that which . was done was done in concert with two persons at least . It is not necessary that I should shew y « iu that it Was done by two of tbe defendants . If it was done by one of them in concert with another , not before you , then the charge ia made out ; but if you could conceive that each of ibeaa defendants was acting singly , separate and apart from all the others—that what he did was without concert , plan , or conduct , then , whatever , you might think of tbe conduct so pursued by them , they
are not guilty of this charge You know that in cases of any conspiracy , it is scarcely ever possible to shew the parties in actual secret conclave by the evidence of a witness who heard the words fall from tbeir lips and was present when they organised their plan : it is scarcely ever possible to do that , excepting in a case where one of tbe conspirators becomes penitent and turns Queans evidence , ( in which case bis testimony is io be regarded with the greatest suspicion . ) or when that la resorted to which lam happy to say was not done in this case—when n spy waa seut to watch the proceedings ; because , although that course is sometimes necessary for the public safety , it ia attended with suspicion , for u ia too often likely to occur that those who are sent to watch will instigate
first , and betray afterwards . Happily for the defendants , we have not in this cane been able to look into thfcir secret proceedings , fur I am afraid , if ' we could , we should place them on a threshed of far more awful responsibility than now awaits them . In the first place , you will have it proved that Mr . Cooper visited the place as a stranger in March , when he met with the other defendants , and promised that be would return : ysu will have in evidence the course pursued separately by the other two defendants , Mr . Cappur and Mr . Hiohard 8 , at Tunatall ; you will attend to the expressions used by Mr . Richards , and give them tbe effect they deserve ; you -will , find that on tho very eve of these fearful disturbances Mr . Cooper appears on the scene—on Sunday , the 14 th of August—tibia being his
first appearance on his second visit ; you will find him , after the Crown Bank meeting , on Monday , in the Royal Oak , in company with the defendant Richards : you will find him again when he comes to the Crown Bank in the evening l >\ oorapany with Bichards ; you will flnd that on some of the occasions two or three of the defendants are present , when one of them speaks , the other being a consenting party to what is said ; and you will find coincidences in the expressions used I especially as to the soldier *) , which will enable you to say whether they were the result of accident The tiring of a pistol is some proof that some persona in some place bad Concerted together ; and under these circumstance it will be for you to say whether you can have any reasonable doubt that tbe object of tbe
defendants was that which is charged against them—a desire to excite the people ( having first induced them to turn out ) to acts of violence and outrage—to resist the authority of the law—to paralyse the arm of power . In concluding what I have to say at present , I will enly assure you that I , on the part of the prosecution , aud those whe instruct me , have no desire whatever , excepting that this evidence should be laid fairly before you , with those observations which naturally ii . rise upon it I earnestly desire to excite no prejudice whatever against tbe defendants in respect to the princ iples of which they were the advocates on the occasion to which I refer . I should address a jury of Chartists , and present the case aa fairly to any honest men who entertained Chartist principles , with the same feelings I entertain
in laying thia case before the gentlemen whom I have now the honour of addressing . I have also to entreat you not to let any indignation which you may feel towards the actors in the late outrages to influence your minds against these defendants , who are here to be tried on & specific charge . Do not allow any affection which yon have for those institutions which you may think have been in , danger—do n < t let any fear lest these disturbances might be repeated onaiuture occasion—do not let any feeling of pity even for those number of persons who were convicted here at the Special Commission , and who were roused into sudden fr . ii zy by the pafision of the moment , induce you to
swerve from th « j courae of justice . We are to perform our respective parts , —mine to lay this evidence temperately , and aa far as I can faithfully btfore yon;—yours u > judge of that evidence , and to decide upon it . Events are not ours . We are each of us bound to perform our respective duty , and we have a tight to believe tlwt all things are working together for good . Those events are in other—they are in Eternal hamia . They are in tho hands of Him who will not forsake us and ours , but so long as we with honest and humble hearts seek the at ' ainment of justice , and \ l \ a advancement , of Xiuth , will ho protect and defend us while wti discharge , eauh in our sphere , those duties to which hi « Providence h is called us .
On the conclusion of the Learned S . argeanfs eloquent address , Cooper roso and asked his Lordship for some further explanation aa to the proof nuCcsaary to prove conspiracy against either of the defendants . His Lorship guve an explanation as to the proof necessary , similar to that given by Sergeant Talfourd in his opening . v'drcjss . Cooper then saM—It has been asserted that evidence will be given to show that Mr . Richarda waa present at n meeting at Hanley , in March . Now , if it can be ahowu that my friend Richards was not at that time in Hanley , would that ovei throw the case ?
Mr Justice Erskine—Not necessarily . It would be a strong fact in favour of Richards to show that he was iiot there ; but it may be that he may have said something afterwurda \ hich may Bhow that , although he was not personally present , yet that he bad previously combined with you for the purpose of producing those disturbances which were occasioned . It depends on what the evidence for 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 was not there . Cooper—If witnesses ate here to prove that Ellis was not present in March ; if I show the same aa to Richards , and that Caprur was not present at the meeting In August , I suppose that won't overthrow the case ?
Mr . Justice Er akine—Not necessarily . Itmigbt have been that long before these disturbances you may have entered into a conspiracy , and if so , it is wholly unimportant whether the other defendants were present at those meetings or not ; but if there is no direct proof of previous conspiracy , then the fact of tbeir not being there would tend to rebut the presumption that there had been any previous conspiracy . Cooper—My reoaenfor asking the questions , my Lord , was to avoid the expense of witnesses . Mr . Justice Ersfcine—1 should bs very glad to relieve you , if it were in my power . Cooper—Shall I ask the favour of counsel saying whether any reply will be given supposing we do not produce witnesses ? . ,: J » . Mr . Justice Eraklne . —the crown has the right of reply . Cooper—So I understand ; bat as a nutter of favour I thought it might be waived .
Sergeant Talfeard—It is quite impossible to say what course I should think Ik my duty to adopt . Cooper . —My Lord , I cant see how we con be indicted for conspiracy at Butalem , when I was not at Burslem ? , Mr . Justice Erskine—The place ia immaterial If the act was committed within the county , the place ia immaterial . Coqper proceeded to say , that be hoped there waa no vindictive feeling towards thorn ; that bo had hoped bis
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iged friends ( to ait beside whom on such a charge was rery painful toihiw , ) might have been relieved from the charge oi conspiracy , and that he only might have been tried on the . charge of sedition . He heped his lordship would take care that all due time was allowed for examining tbe witnessos . He understood there were fortyfivo witnesses for tbe prosecution ; and hoped if it were necessary his lordship would not object to their examination occupying forty-five days . The Judge— -I shall not take any different course on this occasion from what ia the usual practice . Whatwver time is necessary for the purposes of juBtic ? must be given , whatever may be the inconvenience . At the same time , it must be expected that the time of the county sMall nut be wasted by unnecessary cross-examination of the witnesses . The examination of the witnesses was then proceeded with . I
Andrew R > vjrley , examined by Mr . R . V . Richards . — I am a potter lUvlnfe at Hanley . In the early part of April I recollect placards being handed about . There was a-meeting held afterwards at tbe Crown Bank . A meeting took place in August at the George and Dragon . On the 10 th of i April a meeting teok place at the Crown Bank , at which he was in the chair . That was on the 10 th of April , i I saw Cooper at the Crown Bank on the loth of April .: Bichards was there atao , and so waa William Ellis . ! I was at that time going to the head inn at th « Potteries . No notice that I heard of had been given of that meeting . When I went up Cooper said a few words ; hetilked about the Queen and her bastards ; he did not speak long after 1 went up . A paper was handed about when the meeting was
draw-Ing to a close for any one who liked to sign his name to ; the parties who signed were to pay a penny a week and j > iu the Chartists . I knew a person named Cappur ; he lived about three miles from the Crown Bank ; . I did not see him ] at tbe meeting . Before the meeting separated Cooper said he should be with them again , and that he should be glad to bear talk of their going on welL About a fortnight after the first meeting another meeting took place at the Crown Bank . ' Ellis was there , and some colliers , but nobody else I can name . I attended a meeting afterwards in August , about tho 12 th , aa near as I can te . l , on a Friday . Notice had been given of that meeting In the Marketplace , but between six and seven o ' clock at night , it was given out that they were to meet at the George and D fa *
gon ; tbe crier went round to give notice at the time the meeting was or dered to go to tbe George and Dragon ; Cooper went across the Market-place to the George and Dragon . Ellis ] was in the Market-place ar . d Richards . About 300 persona wore there . 1 remember another meeting shortly afterwards at the Crown Bank . That meeting was on the Sunday , and Cooper was there . There was a table for the speakers to stand upon . It was about two 1 o ' clock in the day . Cooper addressed the meeting . Notice waa given of another meeting for eight o ' clock 6 a Monday morning . I went there on that d . ty . It iwas held at the Crown Bank . There were 100 or 500 persons present Cooper was there , but nubody here elee that I know of . Cooper addressed the meeting . The purport of what he said was , that
tha time was come when the Charter must become the law of the land . Many of those who were present had cudgels in their hands . The people were excited . When the meeting dispersed tbe people went down to a manufacturer ' s aud turned tbe people off their employ . They went to the police-office and turned the people out of the watch bouse who had to go before the magistrates : in the morning . To get at them , they broke tbe door open . I know the Court of Requests was broken open , and tho books were thrown about I know Mr . Rose ' s bouse at Penkhuil . The bouse waa biokeD opt-n , and the furniture and windows were destroyed . Nothing eise that I saw was done there . They went to Dr . Yale ' s house , and it was broken open , set fire to , aud the windows broken aa well . I know
Mr . Allen ' s ; all the windows were broken , and the goods were thrown through the windows . There was a meeting that same evening about half-past seven o ' clock ; Mr . Cooper waa there ; it waa held at tbe Crown Bank ; there were 700 or 800 persons present . Cooper said thai the day and the hour were come when the Charter must become the law of the land . He then told thorn that there were not ten soldiers for every town that there was ; and told them tbe number that were wanted abroad . The meeting \ broke up between eight and nine . A signal was given by a pistol or a gun , which went off twice among the crowd ; about a quarter of an hour after the meeting broke up . I know Lord Granville ' 8 collieries . After the meeting broke up , the mob went
there ; they set ' fire to the offia » . 1 know Mr . P&rker ' a house ; it is about two minutes' walk from Lord Granviiiti ' B . 'iht : door of Mr . Parker ' s house wan broken opt-n , and tho n » ob weut inside . They destroyed the tilings inside , and then set fire to it . I knew Mr . Aiikens ' u house ; it is about forty or fifty yards from Mr . Parker ' s . When I saw it it was all lnfUtufcs . - Tbe first meeting I attended at the Crown Bunk waa on tbe 10 th of April . ( Cjoper , Richards , and Ellis were there , [ in the course of the examination , Cooper several times interrupted , tin ? Leurmjd Counsel by objecting that he waa putting leading questions : but his Lordship decided that Mr . Richards might lead to an immaterial fact as a foundation for what was to fmliow , and that he bad not diverged from the proper and legal mode of examination 1 .
Cross-exiumued by the defendant Cooper—I am not ranch in the habit of attending Chartist meetings . The placards I saw on the 10 th oi April , upon the Crown Bank , were ubput hoi ing out till the musters gave them their price . The people turned out tbe following week , and those who vitro out turned others out . I was not turned out of work then , and I cannot exactly say who wr . 3 . ( They were colliers who were turned out ; 1 had only heard of tbeir being out of work ; I had no oilier means of knowledge ; I do nut know whose colliers they were ; I will swear the people were turned out ; it Was on the pap ^ r that those masters who would give the men their prices should be worked for , and tbat tbe people were to support tlinse men Who were out of work . I did not see joui name on the papers ;
there was nothing about a strike , but something about tbe prices ef labour ; there was nothing about Chartism ; in my judgment you bad nuthirg to do with the papers ; that was the only meeting I attended in the month of April ; Richards was there ; I have seen him scores of times ; when I first saw him he was Coming up to the meeting , ab > ut tweDty yards from Jerry Yates ' s house ; I was there about from tea minutes to a quarter of an hour . I swear I saw John Kichards in Hanley on tho 10 th of April , add he had britches and leggings on . I saw Ellis at the ( Crown Bank , on the 10 th of April ; I know bis personj well . I had known him about two years , and saw him at the nic-Uug on the 10 th of April ; I mean the 10 th of Aa . ust ; I hava gone to school some times-. I know tie difference between
April and August ; Ellis was p'eeent both at the meetings in April and August ; 1 will swear that I saw Ellis and Richards at the meetings in April aud August ; I do not know th : it I am speaking falsehoods ; the reason I attended tbe meeting on the 10 th of April waa that there was a funeral close by ; I bad nothing to do with it , but I went like many others do when they go to ate the funeral of a person they have known ; I had only Known tbu deceased by skht ; to tbe bust of my knowledge that was the first Chartist mwstinR I bad attended ; I was going no further ; I was going to tbe head Inn in the Potteries ; I waa mtrely going by at tbe time ; jl might have come to see you if I had kuown you were jto be there , but I did not know it until I got down ; I came down sooner because there
was to be a funeral ; I had cot htard of any notice of meeting having been given ; 1 did not stop more than five or ten minutes , or from ton minutes to a quarter of an hour ; the people sung first f <> r about three minutes , and I went into the head inn close by ; I stopped in the inn two ot three hours , and came out afterwards wh 6 n I he ird you ' speaking , but did not stop th ' ere ; I stopped in the inn after the meeting was broke up . The reason I went to the inn was that 1 went to visit a young woman ; j I was not iu love , nothing at all about it It was a general thing for nib to go there ou a Sunday afternoon . [ The witness ultimately admitted that ho 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 meeti : g ; I "' tis not
long with the young woman , as she bad not done her work . She came ; in and out of tbe room ; I could Dot tell what you said while I was in tbe room ; I did not Come out of the room with tbe intention of paying any attentioa to what you were saying ; I came aud 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 , but you were talking about tbe Queen and the Kings , and the salaries that the Kings bat \ . Yon were \ talking about the Queen ' s bastards aeveral times . You will have other witnesses in that will tell you so . I heard the witnesses say so after I heard you say it i I have heard them say so eIucb I came here , and therefore I am sure they will say it . I wiii swear I don't know tbe names of the witnesses whom I have talked to . They were either witnesses
against you or Cappur . I am certain you said that the present Queen had bastards . I never heard of such a thing being said of the Queen before . I have not heard her character described . I have not heard that she is a pattern of virtue , and that her private character is unimpeachable . I waa present at the meeting about ten minutes or a quarter of an hour . I was there about -itbat time after I came out of the public-house . You were talking about the Queen immediately I came ] up . tt was Hot about King Charles the Second . I art ! not likely to mistake Queen Victoria for King Charles th « Second . I am not sure that you did not mention King Charles the Second and bis bastards . I was not mistaken about your saying so of the Queen . I had not heard of such a thing before , and thought it was an unmanly thing for any persos to say it ! Cooper—So should I , if I had heard of ft .
I solemnly swear that I saw sow with Richards i « Hanley on tbe 12 th of August , going across the Marketplace , tbe night that tbe meeting was held at tbe George and Dragon . Ton had on a cap , something like th « one lying on the table in front of you . I am certain you were in Hanley on that night , and weuld say so if a hundred persoBS came into this court and swore that you were in Stafford on that night I can't say it was the I 2 th of August ; bat it wa 9 on tbe Friday night What I have said f is true . On my oath I repeat that you spoke of the present Queen ' s bastards , and that you were in Hanley on the Friday that tbe meeting was held . The rtaso . I went to the meeting was that I thought I might as well pass my time at the meeting as
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anywhere else . I did not go to the meeting because I had heard your observations as to the Queen . I waa shocked enough at your language on the , 10 th of April , but that was not the reason . I thought I might as well go to the meeting in August aa any where else . Tbe cross-examination of this witness was prolonged for five hours . Cross-examined by the defendant Richarda— -On the 10 ta of April you were at the C : 0 wn Bank at Hanley . You bad breeches on ; but I cannot say whether you bad breeches and boots , or breeches and legginga I did not hear any proposal at the morning meeting oa Monday , the 16 th . of Ausust , for a person to be elected as a delegate to go to Manchester . I was not there ai the close of tbe meeting .
Re-examined by Mr . R . Y . Richards . —I am not at all fatigued 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 tt » 10 th of ApriL Samuel Swan , examined by Mr . Godson . —I am s policeman , belonging to the Stafford constabulary . I was last April in the Hanley police . I 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 persona there . Cooper was standing on a chair . He gave out two verses of a song . The third verse was .
" Men of England , yeu are slaves , Beaten by policemen's staves . " This was sung at the meeting . He then opened a Bible and read a text He only dwelt on the text a . few minutes . He then said that this nation formerly belonged to the Saxons , but that they were robbed ef ft and murdered , just as they were going to serve the Chinese . He then alluded to King John and the other monarchs of the country . He next talked of tbe Queen and the Queen ' s bastards . I next row him about six o ' clock in the evening at the Crown Bank . Richards ' was there , and some hundreds more . There was » platform , and the defendants were on it I heard John Richards proposed as a delegate to Manchester . It was not said for what purpose . Cooper spoke there also .
and announced another meeting there * at six o ' clock on tbe following morning . A meeting WAS held On the following morning . It continued till nine . Some on # then cried out , " Now , lads , for Burslem . " Many were armed with cudgels . There were from three hundred to five hundred persons present . They liberated the prisoners at Hanley watcb-house . They collared me , and took me to the lock-up to look for other prisoners , but there were none there . They thea left me and went to the office , and threw out a quantity of constables' staves and rate-books . The stavesthey threw into the air . The books they tore to p > eces > They then went off , and I saw no more of them . About twelve or one o'clock that night I saw Mr . Parker ' s house on fire .
Gross-examined by Mr . Cooper—I have been a policeman five years ; I have not received any money oa account of my giving evidence here ; I have not been promised to be made a sergeant ; I don ' t remember the other words of the verse which I heard you give out at the meeting on the 10 th of April ; I believe the words which you have now repeated
" If their force you dare repel , Your ' s will be the felon ' s ce ll , " were tbe words whick followed those which I have named ; I did not see any hymn-book in your hands ; I have seen the Primitive Methodists hold meetings , and beard them sing on the same spot of gronud ; I did not hear you say that her present Majesty bad bastards —you talked abeut " the Queen , and the Queen ' s bastards ; " I know no other Queen but the present ; I will not sweur that you meant the' . present Queen ; I did not see you at the meeting on Tuesday morning , or with the rioters on Monday merning ; the persons ^ ba came to tbe watch-bouse came from towards tbe place of meeting , but I can't swear that they were at th » meeting .
Cross-examined by Richards—I saw Thomas Cooper at the meeting of the 10 th of April , but nobody els& that is here in court ; I did not Bee yon there , ; there was a meeting at the Crown Bank at Hanley , on Sunday , the 14 th of August ; you were at the meeting of the 16 th of August ; I was not in bed when the meeting took place . Richards ( with great emphasis)—Now , my good , felloe j have we not been acquainted for a good While ? Now on your oath say to this Court , were you not in bed when that meeting took place ? Witness—I was . not .
Swan further said—I did not hear you say , " Now , lft'Sa , for Burslem ; " I can trust to my memory for the exact words for a few days ; if I was not certain of the words , I should not state them at all , but give tbe prisoner the benefit ; I did not hear any person endeavour to prevail with the infuriated people at Mr . Hill ' s on the 15 th of August not to commit depredation ; I dont know that you went to Manchester after the meeting on that day . Re-examined by Mr . Godson—About two or three minutes elapsed between the end of Itichards ' s speech and the words " Now lads for Bursiem . '' Themen who went towards Burslem had cudgels in their hands .
William Small wood examined by Mr . Alexander I live at Longport now , but in the course of last summer I lived at Smallthorn . I know a house occapied by Wm Pepper there . Oa a Sunday in February last year , about six in the evening , I heard some persons singing there . I looked through the window and saw & good many persons there . I Baw Joseph Capper in Wm . Pepper ' s house addressing tbe people . He said , " The words of my text must be to-night , ' To your tents , O Israel . ' The meaning of tbat is , to be ready hi your own houses . " He cried out twice , "Are you ready ? " Some of them cried " Yea , yes . '' He said , " Are yon sure you are ready ? Have you got your BWords , yonr guns , and your bayonets ? if The people laughed at him , and then he went on to say , " I suppose yon think old Cappur ' s come with bis physical
force again . It is not a laughing matter . We shall bave a severe fl ^ bt , bnt it will be but a short one . " He said . •« What will you do when you have got the Charter ! " Nobody answered him , and he said , " tell you what I shouid recommend yon to do : we will take the bishops , clergymen , hypocitical Dissenters , and magistrates , and pa-: them on board a vessel , transport them , and put them into Affinger , I suppose he meant ' Afghanistan , ' to be massacred and assassinated among the Hindoos . " Afterwards I saw Cappur again addressing the people on a Sunday evening , from the windows of a public-house . He spoke apparently to the women , as -there was a good quantity oi them , aud said , " If you cannot fight , JQVt can torch , " and I . think he mentioned some cities and towns , by the destruction of which the Whfga carried the R-form bill .
At the conclusion of Small wood ' s examination , Cap * pur said that he had produced fourteen witnesses at the PpecialCommission to disprove what he had stated ; but be bad now been in prison six months , and be had aox known that Small wood was again to be called as a wi ' . BfeSS . Cross-examined by Cappur—You put me in the Court of R ( . qup st 8 for tbe price of a grate , and I waa ordered to pay the amount by instalments . I did not say I wouid " fit" you out for it ; but I aaid , " as you preach Universal Suffrage , I hope you will preach , in future , universal honesty . " When I Baw you in Pepper ' s bouse in February last year , youatood opposite the windo * j I swear tbe curtain of the window was not drawn ; there is a small fei . ee wall in front of the window about
three or fyurfeefc high , but I eonld see over that ; the window-sill is from three to four feet from the ground ; I din not set down what I htard from you in a . beok ; I was examined at Newcastle before Mr . Ashford Wise ; wuat l the < awoie was takbnuown in writing j Cappur was before the magistrates then ; Cottrill , of the Newcastle police , never told me what to swear when I was there . At ter a number of questions with t ' : e view of shaking the wituess ' 8 testimony . C'ppur asked him , " Did you not say to a certain persjn that you bad said many a thing that Cappur never said , but that the gautlemen of Burslem forced you ? Witness—Never , to any man living . Cippur—( with great warmth)—Yen shall have mote said to you if ever I get out of prison . Ill indict you for perjury . His Lordship reprimanded Cappur for his remark .
Cross-examineo . by Richards—I did not hear you recommend the pe « ple of Srnalltborne to help each other . I have been one of the Committee of tho Chartist Association , but not when it bore tbat name ; when I belonged to it it was called the Operative Reform Association . —Richards put a number of other questions , for the purpose of impugning the character of the witness . Small wood denied the charges implied by tbe questions . Cross-examined by Cosper—I never saw you in nry life at any meeting with Cappur , Richards , or Ellis . Cooper pursued the same course of cross-examination of this witness as of those who bad 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 had not agreed with Richards in promoting the Charter . ' After several questions on this subject had baen repeated ,
His Lardship observed that that course of cross-examination was a very great waste of time , and could nave nothing to do with tbe question wnicb the Jury bad to decide . It was very difficult to say how much time he might be allowed to waste ; , but the present examination appeared to be & thorough waste of time ., The witness was further cross-examined as to tho towns-which he had mentioned before the magistrate * as those which Cappur had alluded to as having bees bmrnt . It being twenty minutes to nine o ' clock , the Court was adjourned till nine o'clock on Tuesday morning .
Tdbsdat , March 21 . The trial of the defendants was resumed at nine o ' clock this morning . Thomas Firth , examined by Mr . Sarjeait Talfourdlama tailor at lunstall ; on the 24 th of June last I saw some persons coming near the Market-place , about seven is the evening ; I saw Capper and Ellis beading the people towards- the Town-ball ; Cuppur carried a three-legged stool in his hand , which he set down , and tuen stood upon ; there were 200 men present ; Csppur ( Continued in onr Seventh page . )
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STAFPOEDSHIEB ASS 1 ZSS . MSI PRIUS COURT—Mosdat , Mabgh 2 a Before Mr . Justice Erdnm . THE LATE B . I 0 TS IN THE P 0 TIERIE 3 . TBlAi OP COOPER , RICHABDS , A 2 O 5 CAPPTIR , FOR CONSPIRACY .
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g THE NOR THFiTVN 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-ncseproduct928/page/6/
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