THE TRIAL HENRY HUNT, Esq. JNO. KNIGHT, JOS. JOHNSON, JNO. TRACKER SAXTON, SAMUEL BAMFORD, JOS. HEALEY, JAMES MOORHOUSE, ROBERT JONES, GEO. SWIFT, and ROBERT WYLDE, FOR AN ALLEDGED CONSPIRACY TO OVERTURN THE GOVERNMENT, &c. Before Mr. Justice Bayley, and a Special Jury, AT THE YORK LENT ASSIZES, 1820. Thou shalt not raise a false report ; put not thine hand with the wicked to be an unrighteous witness. Exodus, Chap. 23, ver. 1 . . Keep thee far from a. false matter, and the innocent and righteous slay thou not , tor I will not justify the wicked. Ver. 7. Eoi the ways of man are before the eyes of the Lord; and he pondereth all hii goings. Proverbs, Chap, s, ver. St. His own iniquities shall take the wicked himself, and he sliall be holden with the cords of his sins. Ver. 22. He shall die without instruction, and in the greatness of his folly he shall go astray. Ver. 23. These six things doth the Lord hate : yea, seven are an abomination unto him : a proud look, a lying tongue, and hands that shed innocent blood, an heart that deviseth wicked imaginations, feet that be swift in running to mischief, a false witness that spea keth lies, and him that soweth discord among brethren- Pro. Chap. 6, V. 16, 17, 18, 19. Tht lip of truth shall be established for ever ; but a lying tongue is but for a mo- ment. Proverbs. Chap, 12, Ver. 19. In the multitude of people is the king's honour; but in the want of people is the destruction of the prince. Prov. c. 14, v. 28. Whoso mocketh the poor reproacheth his Maker ; and he that is glad at calamitie' shall not go unpunished. Prov. c. 17, v. s. If a ruler hearken to lies, all his servants are wicked. Prov. c. 29, v. 12. What mean ye that ye beat my people to pieces, and grind the faces of the poor ' saith the Lord God of Hosts. Isaiah, c. 3, v. 15. Woe unto her that is filthy and polluted, to the oppressing city. Zephania, c. 3. v. t. Her prophets are light and treacherous persons; her priests have polluted the sanctuary ; they have done violence to the law. V. *. Have ye not seen a vain vision, and have ye not spoken a lying divination, whereat ye say the Lord saith it; albeit I have not spoken. Bzekiel, c. 13, t».7. Therefore thus saith the Lord Gnd ; Because ye have spoken vanity, and seen lit" therefore behold, I am against you, saith the Lord God. V. 8. And mine hand shall be upon the prophets that see vanity, and that divine lies , they shall not be in the assembly of my people, neither shall they br writtea in the writing of the house of Israel, neither shall they enter into the land ol Israel, and ye shall know thai I am the Lord God. V. 9. ItonUoit : rubhsh'd by 7 DOLBY, ??>?, Strand i and may ht ^n-i it «'( Boohc"* W. MouNEiix, Printer, Bream's Buildings, Chancery Lane. INDEX TO THE WITNESSES. A. Page. Andrews, Henry 214 A udrews, Jonathan 92 Ashworth, John 57 B. Baines, Edward ...... 216 Barlow, John 70 Barlow, James • ...... 181 Barrett, Joseph 257 Bentley, Michael 35 Brattargh, John 212 Briant, Mary 231 Brooks, Thomas 255 Brooks, William 257 Burns, William 259 C. Cadman, Marv • • 37 Cooper, Matthew 71 D. Darley, Edmund 202 Daykin, Jacob 189 Duncoft, James ...... 59 Dyson, James 178 E. Eaton, John 54 Elson, William 186 Enlwistle, Roger 61 F Fell, John 230 Fielding, Jeremiah ..... 58 Fitzpatrick, M 123 Frank laud, James ..... 183 G. Green, J. 97 Grundy, Edmund 177 Grundy, Robert 240 H. Hampshire, John 191,198 Hardman, T 94 Harrop, Robert 222 Heaviside, M ', 263 Heywood, John 50 Hindmarsh.M 263 Hobson, John 257 Hobson, Jonathan 258 Horton, H 80 Hulton, W 100 Hulley, John 225 J. Jones, Mary «. , 229 K. fag€. Kendall, William 185 L. Lees, John 230 Lees, Mary \%± M. Mills.J , 77 Molineux, John 250 Morris, Win , §\ Morton, Samuel 33 Morville, Lucy 190 Murray, James 46 N. Newton, Edmund 188 P. Phillips, Francis (54 Phillips, W 262 Piatt, James g] Prestwich, Nancy 226 R. Robarts, J.G. ..., 26S Robinson, J 266 Rockliffe, John 229 Rothwell, Thomas 248 S. Sanderson, T. W 260 Schofield, James JS3 Schofield, Jos 248 Schofield, Thomas 221 Shawcross, John , 50, 12S Sheppard, Elizabeth 185 Simpson, Edmund 71 Shuttleworth, Johu 1 98 Slater, Joseph 120 Smith, John 191,259 Standring, James. .... ...... 42 Standring, William 57 Stott,James 196 Styau, Thomas 71 T. Tiddler, Thomas 29 Thelwall, William 239 Travis, Joseph 55 Turner John 184 Tyas, John 204 W. Walker, John 112 Walker, Sidney 23C Watson, Joseph 231 Willie, John 118 Wood, Isaac 252 Wright, Rohert , 23J PREFACE, THIS important Trial will be read and listened to with the liveliest interest wherever there is a spark of humanity or justice to be found. To see Truth overcome Falsehood ; to see Innocence overcome Guilt ; to see Courage, virtuous Courage, plant its streaming banner on the very citadel of base tyranny, are objects which have ever commanded the admiration of the British public. After having disproved all the assertions about the turbulence of the people, their disloyaly, and contempt for religion ; after shew- ing that no bludgeons were carried, no brick-bats thrown, no magistrates insulted ; after disproving the assertion about revolutionary emblems, the danger of the town of Manchester, and the existance of a CON- SPIRACY, Mr. Hunt may be gratified to find that the vkrdict was given to those who stood in more need of it than himself. The following remarks taken from The Times news- paper of this day, (Thursday, March 30th) fully express what must now be the feeling of every impartial in- dividual in the country, on the Manchester business :— 1) " It is become the painful duty of an impartial jour- nalist to recall and republish the statements made by certain members of his Majesty's Cabinet and of the House of Commons, respecting the proceedings at Manchester on the 16th of August, and to contrast these statements and assertions with real facts, as they have been sworn and proved in open Court. But we must here guard ourselves, in limine, against the impu- tation of using improper language. When, in these remarks, we say that a thing is false, or untrue, we must be understood as only noticing its absolute contrariety to fact ; we would, on no account, be thought to imply an intention to deceive on the part of those eminent persons from whose speeches we shall introduce ex- tracts : they must themselves, indeed, be agonized with shame on finding how they have been deceived. In the above modified sense, therefore, it is now perfectly clear to all the world, that every thing which was stated in the House of Commons respecting the riotous cha- racter of the Manchester meeting, by Lord Castlereagh, the Solicitor-General, and other honourable members, was totally and absolutely false ; it was directly opposed to truth: it does not appear to have even had veri- similitude or probability in its favour. It is no more descriptive of the proceedings at Manchester, on the part of the military, the magistrates, and the mob, than it is descriptive of the proceedings at Runnvmede in King John's time, further than that there were magis- trates, military, and a mob, at Manchester. The actions of all three are wholly misrepresented, ffi ' We shall begin, to show our impartiality, with the. s tatement of Lord Stanley, a gentleman who generally votes in the opposition : — ' " In the rear of that column of cavalry the people " closed in ; and stones and sticks were thrown at the " cavalry, who then turned round, and some wounds " were inflicted !" ' It is almost needless to observe, that this statement is derived from Hulton's evidence, which, being unsup- ported, is supposed by the learned Judge to have pro- ceeded from a terrified imagination, and a bad position for seeing; it is, in fact, disproved by every witnesi who came into Court. * From Lord Stanley we pass to Ministers themselves, or persons connected with the ministry. God knows what an inclination to be deceived there must have been in men who so easily suffered themselves to be deceived. * The Solicitor-General—" Nadin, the officer, saw " the meeting, and found that it would be impossible to " execute the warrant by the civil pewcr alone."*** " The Yeomanry troops, before they had attempted to ■" strike a blow, ivere attacked by the crowd, some of them. " unhorsed, and their horses thi-own." 1 These statements are not only proved false by th« evidence, but the first of them was invalidated by the Judge himself, who informed the Jury, before sum- ming up, " that there was no evidence of Nadin's ina- bility to execute the warrant ;" whilst the man was in York, to have proved , such inability, if he had dared to have sworn to so atrocious an untruth. IT ' Mr. Canning was abroad when these events took place j and, therefore, the needless effrontery with which he took up and repeated the enormous falsehoods first conveyed to others, is truly miraculous. But as they derive no credit from the repetition of an absent man,^they need no refutation as coming from him. ' Mr. Wilbraham Bootle declares, 1 " That not a blow was struck till the Yeomanry were assailed with stones, brick-bats, and other missiles brought to the spot for that express purpose." ' It is not sufficient to say of this and all similar as- sertions, that their falsehood was proved by more nume- rous and respectable witnesses than were ever brought to prove a fact in a Court of Justice. But it must also be added, that not one creature was produced, of any description whatever, to prop or sustain their credibi- lity. The authors of the falsehoods shrunk from own- ing them at York, as an unnatural father does from acknowledging his illegitimate offspring ; dreadfully sor- ry that the sins of former days should stare him in the face, when he would least have wished to meet with them. * But we now come to the greatest dupe. It is need- less to copy here all that Lord Castlcreagh has said, and, we believe, would have sworn, if he might, with respect to the Manchester meeting ; such] was the credit which his eager simplicity reposed in the basest, falsest, and most perfidious of informers.' His first speech on the Address, begins— - ' " The truth was, that the Magistrates did not deter- mine upon dispersing the meeting until it had assumed the character of tumult and sedition." * * * ** As soon as the character of the meeting had declared itself the Magistrates put the warrants into the hands of the con- stables, and it was not until they had declared their ina- bility to execute them, that a military force was employed at all." ' All this is totally false. More than twenty witnesses swore at the trial, and none contradicted them, that the meeting never assumed tbe character of tumultuous j that the yeomanry never were assaulted by stones, brick- bats, or bludgeons; that there were no stones, brickbats or bludgeons at the meeting ; and that the witnesses must have seen if such weapons had been used, or even been there/ Observe, reader, the simple tone of narrative which the following extract assumes ; not one word of which, it is now proved, has the slightest foundation in, or ap-? proximation to truth. The Riot Act! Gracious Hea- ven ! Is it even mentioned at the trial ? The reader of it, too ! But he is no more, poor fellow ! He was trampled under foot in that fatal fray. Could he but have lived and gone to York, he would have specially enlightened the Court and Jury as to the manner in which his elo- cution was rewarded. Yet his brethren were present at York. Why did not they come forward and relate his sufferings, and vindicate his fame ? " ' The magistrates determined to disperse the meet- ing, and to disperse it in the most mild, and gentle, and temperate manner. At the time the Riot Act was first read, it was read from the window of the house in which the magistrates were assembled ; it was sug- ft gested that this method of reading it was not such as was contemplated by the act; another magistrate was therefore sent into the crowd,and whilst attempting to read it, was trampled under foot ; they then sent a third ma- gistrate, to read it at the hustings, in order that no man might remain in ignorance of the fact of its being read, (Cries of hear, from all parts of the house.")' * But the following, from the same noble lord's speech, exceeds all credibility of human invention ; and we are convinced, that if we had confined our labours to the production of this single extract, its matchless, its boundless, its inconceivable falsehood, must have obliged him who, with a degree of inconsideration bordering closely on criminality, has adopted it, to drag forth the guilty author. Indeed, the general opinion now is, that the conduct of the magistrates must be immediately in- vestigated by some tribunal or other. * " This unarmed multitude, though the place had " onlv the day before been cleared of all the stones that " were calculated to hurt a human being, assailed the " military v, ith so many, that the next day two cart (f loads were found upon the ground (hear, hear) ; so " that it was clear that the parties had come with stones " in their pockets; it was also evident that there were " men among them armed with pistols; for, from the house " behind the. hustings, pistols were fired upon the troops. " (Hear.) * * * " ' But to return to the point from which we started : we must here observe, that if a liberal construction will readily exempt the persons above quoted from the frau- dulent intention of deceiving the House and country, they never can be acquitted of the charge of "Teat levity and indiscretion, in thus accrediting and obtruding; statements as true, which the first breath of inquiry has dissipated, and which the slightest examination or consi- deration would have proved to be false. Who, we ask, are the real authors of the monstrous untruths above quoted ? The dupes, the victims, must now bring these before the public. The too easy, unsuspecting son of guiltlessness, the Solicitor-General, will tell us who seduced his innocent mind into the preposterous belief and assertion that " the yeomanry were first attacked and unhorsed by the crowd." * The cart loads of stones ! Oh, for the love of laugh- ter, let us hearnvho showered them down, not upon St, i'eter's-fkld, but upon the unhappy unsuspecting head of Lord Castlereagh ; and that, too, without breaking it. Whose waggors carried them off, when the battle was ended? Where are they now deposited ? Oh, prer serve them ! Preserve them carefully ! They may form a barrow for this illustrious victim of credulity, when his eloquence shall cease to charm, and mav help to hand down his fame to after times. Vet— to be seri- ous on a subject so grave — Nature is said, in homely phraseology, to " adapt the back to the burden ;" and she may therefore strengthen the nerves, and bronze the countenances, of those who have to sustain this la- mentable detection. But the character of the age in which we live is 'directed by occurences of this kind. The future student must nad the transactions of the present period. If, then, he take up the parliamentary history, be will find in the speeches of minister-, read- TiH tngs of Riot Acts— magistrates trampled on— yeomanry assaulted, hooted, unhorsed—waggon loads of stones-— forests of bludgeons ! not one tittle of which has any ex- istence or place in the state trial, to which he will na- turally turn, in order to observe the issue of atrocities so horrible. What will Ministers do ? Their station in the realm has unfortunately snatched them from ob- scurity : they must therefore either destroy every record of their speeches, or cancel every publication of the late trial, by which all their statements are dissipat- ed and reduced to nothing ; or else (comes the last lamentable clause of the disjuntive), they will stand recorded for ever as having solemnly averred in the Houses of Legislature, that which was found in a Courts of Justice to be totally untrue. Alas! was this the way that Burleigh and Walsingham defeated projects for the 'destruction of the Government ? by raving infatuated descriptions of the danger-— descrip- tions without any foundation in truth, or even in reason and probability?' TRIAL OF Henry Hunt, Esq. 4-c. Fork, Thursday Evening, March 16, 1820 THIS morning Jie long-expected trial of Mr. Hunt and the other defendants, indicted for a Conspiracy on the 16th of August last, at Manchester, commenced at York. At a very early hour in the morning some per- sons of the first respectability in- the county were ad- mitted. By an arrangement considerately made by the High Sheriff and his Deputy, with the aid of Messrs. Brook and Bulmer, and the attention of Mr. Stavely, the Governor of York Castle, the Reporters for the London press were admitted through a private entrance at a quarter before seven in the morning. The box for the Jury in waiting, and the seats usually occupied by attorneys, were reserved for the Magistrates of the coun- ty, their own box being insufficient to afford them accommodation, the attendance being so full. The ladies, who in general grace country courts with their presence in fascinating groupes, were not deterred by the impending risk attendant upon the terrible pressure of the crowd, and many of them had obtained admission before the Castle gates were thrown open to the public. Long before the Court srt, the prelude to the more serious business of the day was filled up by a variety of incidents which occurred among the persons who were so fortunate as to obtain early admission. The galleries were kept locked until the hour of public admission j but many who had got access to the body of the Court, and who wei\2 there prevented from occupying seats otherwise appropriated for visitors, adopted the expe- dient of ascending the galleries, without putting them- selves to the intermediate trouble of mounting a flight of stairs. They scaled the walls, and helped themselves to the front seats without ceremony. At ten minutes past eight o'clock the Court was thrown open, and the rush into every part of it was tremendous. In less than a minute every corner was crowded almost to suffoca- tion, and the assemblage which then filled the Court pre- sented a most singular spectacle. Ladies, apparently of rank, were hustled about by the yeomen of the coun- ty, and for a moment the usual courtesy which all men wish to pay the fair sex was suspended ; the general decorum was only forgotten for a moment, for owing to the excellent arrangements made by the official persons who had the superintendence of the Court, no more were admitted in the first rush than could obtain accom- modation without any greater inconvenience th*n that usually encountered in crowded meetings. Immediately before the Judge entered, Mr. Hunt, Mr* Moorhouse, and the other Defendants, ten in number, with Mr. Pearson as their Solicitor, took their seats at the Barrister's table. The Rev. Mr. Ethelstone, the Rev. Mr. Hay, Mr. Sylvester, Mr. Hulton, Colone 1 L'Estrange, Colonel Fletcher, and the rest of the Man- chester Magistrates, were also in the throng; but such as were subpoenaed as witnesses were ordered out of Court, until they were called upon for examination. Witnesses on both sides withdrew by order of the Court. Lord Howden was also present. At nine o'clock the Defendants were arraigned, and they severally pleaded Not Guilty. They were charged with a conspiracy to alter the legal FRAME Of the GOVERNMENT and CONSTITUTION of THESE realms, and with meeting tumultuously at Man- chester, on the 16th August last, with 60,000 per- sons, many armed with sticks, which they car- ried ON THEIR SHOULDERS LIKE FIRE-ARMS, and With bearing flags and banners, on which were inscrip- tions and devices calculated to inflame the minds of his majesty's subjects against the constituted authorities of the State. There were several counts, varying the form of the indictment, but in substance implicating the accused in a conspiracy against the State. The following Jury were sworn to trv the case :■ Wiliani Hall, E-q Foreman William C hay tor, Esq. Thomas Parker, Esq. of Lay ton John Huttun, Esq. of Marsh. George Atkinson, jun. Esq. Thomas Robson, E?q Timothy Hutton, of Clifton, Esq George Beswick, Esq. John Chadvviek, Esq. William Selby, Esq. A tales was prayed, and the following names added to the special list : — Septimus Bromley, of Sculcoates, near Hu!l, and George Addy, Esq. The last Juror expressed a desire to be exonerated from attending on this Jury, but as he had no persona objection, the Court declined excusing him, and the abovenamed gentlemen constituted the Jury. Defendants conducting their own defence were per- mitted to remain at the Counsel table, where Mr. Hunt took his station. Mr. Barrow appeared as Counsel for Mr. Moorhouse, and Mr. Holt for Mr. Laxton. Mr. Littledale opened the pleadings, and at half past nine o'ci ;ck. Mr. Scarlett proceeded to address the Jury. They had heard, he said, from his learned friend who opened the plead- ings, thenatureof the charge preferred againstthe defendants which they were now about to try. It was impossible not to perceivt* that this prosecution arose from certain recent trans- actions, which had very much agitated the public mind — transactions that were combined with circumstances of great political importance, and which were calculated to create a most extensive and powerful interest in the country. It was, therefore, to be supposed, that hardly any one of the gen- tlemen of the jury could be a total stranger to those matters which this prosecution now brought under their considera- tion. At the same time, he felt a perfect confidence in ad- dressing himself to gentlemen of their description, and he was sure they would agree with him, when he said that they owed it as a duty to the country, and to the proper adminis- tration of public justice, to dismiss from their minds all im- pressions favourable or unfavourable on this subject, and, as far as lay in their power, to forget every conception they had previously formed on a question of such vital importance. It was for them to wait till they had heard all the evidence connected with the case, and then to decide by it, and by it alone. For his part, he must commence by stating his pecu- liar satisfaction that this casecame to be tried before aspecial jury of the county of York. Looking to the question which was to be tried, in a constitutional point of view, and on public grounds, it was exceedingly desirable that the parties accused should be arraigned before a jury tha-. ~ould not possibly be affected by local or personal prejudices. If he had an important cause to decide, he knew no set of men before whom he would sooner have it discussed than before an enlightened and experienced jury of that county ; the gen- tlemen of which had long held a high and proud character for entertaining a proper sense of public duty and of private honour. On the part, therefore, of the prosecution, as well as on that of the defendants, he was perfectly satisfied with the choice that had been made. It gave to him an oppor- 8 t unity of addressing men wholly unprejudiced, who were devoid of any local feelings, and would give way to no im- pression, save those which arose from the ease itself, as it should be hereafter developed. They must be aware that the charge arose out of transactions which toek place in the month of August last, in the county of Lancaster. The parties were accused of having convened a meeting at Man- chester, the object of which was to excite fear and terror in the minds of his Majesty's subjects ; this was the short des- cription of the crime alledged against the defendants. Tl*e circumstances which occurred at the time of the meeting were matter of evidence, and would throw considerable light on the projects of those who took part in the proceed- ings. The individuals who appeared before them as defend- ants were singled out as having been among the leaders of those who assembled at the meeting alluded to. Wiih respect to public meetings in genera!, it was requisite for him to say a few words in the outset, as to his conception of what constituted a legal assembly in this country. It was un- doubtedly the privilege of the people of England, stating the proposition in a broad and unqualified manner, when they suffered under any grievance, to assemble at a public meet~ ing, and to put sue the lawful mode of address. But the meeting in question was not of this description : it was of a nature unknown to the constitution. In former times it was customary for counti. s, towns, districts, orparticular classes of individuals, united by one common intei-est, in the pursuit of one common object, to meet together. Thus, for instance where a particular trade was affected by a particular law, the parties interested, met to petition for its repeal. If a par- ticular class of persons were oppressed by any grievance, they also assembled together to petition for its removal, if a Lord-Lieutenant, or the High-Sheriff of a county, were informed that the freeholders had to complain of something that operated against their interests, the practice of the con- stitution enabled him to call a meeting for the purpose of petitioning either the throne or the parliament. But he had never heard it stated by any lawyer, and he trusted he should never hear it decided, that it was a right, sanctioned either by the law or constitution of this land, for any person who pleased to call all the people of England together in one place, there to discuss political measures and to lay down particular modes by which they might obtain redress. He would tell them why such a proceeding could not be legal. No man could deny that the great phjsical force of every community consisted in the mass of the people ; and those who looked for the most extended reform, admitted that all power and all right were derived from the meetings of the people at large. Therefore it was clear that the people, when they met to frame the ground- work of a constitution, went back to the origin of society, and annihilated that state of things which had pre- viously existed. Let it be imagined that the bulk of the population met together to discuss public affairs, and to take into their own consideration such measures as they might deem proper for the alteration of the existing order ot things— it wss evident, as all power and right were derived 10 from the people, that they would in that case resume their original functions, and the government must be for the time dissolved. Hence it followed, beyond all controversy, that public meetings of the people, without any legal foundation, whether they assembled from their own private will or un- der the direction of some demagogue, who for a time pos- sessed some influence over their minds, for tbe purpose of carrying into effect, by such means and in such manner as they might think proper, an alteration in the constitution of the county could not be a lawful assembly as the constitution at present existed. If they could suppose a case — of which indeed modern times gave no example — a case in which a vast number took a part in the government, it would not shake his position. History told them that Athens was the most perfect specimen of a republican government. There 30,000 citizens met to discuss matters of state. But as this was a component part of the government itself, as it was in- terwoven with their system, such a meeting was undoubtedly constitutional. But even at Athens, free as its constitution was with respect to tbe citizens, who were allowed to ex- press their opinions on questions affecting the state, still the greater part of the inhabitants were consigned to slavery, and were not allowed to interfere in the business of the state. These were all the remarks he would offer, to point their attention to the character of the meeting which they were called on to consider. He took it in the outset as a princi- ple not to be contested, that the people of England had a right to meet for the purpose of petitioning against grievan- n ces, when those meetings had no factious disturbance in view, when they were not intended to alarm the minds of peaceable and moderate men. lie hoped that nothing would ever be done to interfere with this rig lit, for which their an- cestors had successfully fought; but that, as it had been handed down to them unimpaired, so would they hand it down unimpaired to their posterity. He would now proceed to notice the different individuals who were charged in the indictment. Of Mr. Hunt it was unnecessary that he should say any thing, because his name had appeared so much of late connected with these transactions, as to leave no doubt on the mind of any man as tc his character and avocations. The others were more obscure; they were very little known, and he should therefore state who they were, premising that they were charged with assembling, and inciting others to assemble, to disturb the public peace. John Knight had formerly been in business; his occupation h;^.d latterly been that of an itinerant orator. — Joseph Johnson was a brush- maker, residing in or near Manchester, and he believed was also in the habit of attending public meetings.- — Of John Saxton all the description which he had was, that he was some way or other connected with the office of a paper called The Manchester Observer.— Joseph Healey was an apothe- cary. — James Moorhouse was a coach-master, residing at Stockport.— George Swift carried on the business of a shoe- maker at Manchester.— Of Robert Wylde he knew nothing but that he lived near Ashton-uner Line. — Samuel Bam- ford and Robert Jones were individuals in humble circum- 12 stances. The Jury would find, by unquestionable evidence, that these persons were connected in some sort of secret de- sign. He would be able to show the course which the par- ties respectively took when he called his evidence, and there- fore it was not necessary for him at that moment to state the specific acts of each; it would be sufficient to give a gene- ral view of their proceedings. To begin, then, with Mr. Hunt. I* appeared that some time in the month of June, hi the last year, a meethig took place in Smithfield ; he knew not by whom it was assembled, nor was it of any consequence. It created, however, considerable alarm in the metropolis. Resolutions were however passed at that meeting, inculcating on the minds of the people of England that the time was come when some extraordinary and unpre- cedented measure was to be taken. Indeed, those resolutions went to disfranchise all those, who, according to the establish- ed law of the land, were invested with political and represen- tative power. It was known that Mr. Hunt was the person who proposed these resolutions, among which there were two inviting and recommending the people of England to resist the payment of taxes, declaring that they were not bound to obey any laws enacted by the parliament as it was now formed ; and therefore, for some reason, which the mob in their enlightened wisdom had found out, calling on them to pav nothing towards the revenue till such a parlia- ment was assembled as they conceived it was proper and fit- ling thev should have. He alluded to this meeting, of which Mr. Hunt was the head, as the probable cause of his being 13 subsequently invited to preside at a meeting at Manchester, That, he believed, was the result of the Smithfield meeting, It appeared, that on the 9th of August a meeting was pro- jected to be held by the people of Manchester, for the pur- pose of considering public grievances, and discussing the question ofpariiamentary reform, and also to elect a repre- sentative, to be returned by themselves, to sit in parliament" This was a measure which no man could contend fell short of the highest misdemeanor which could be committed. It was a denial of the authority of ail law, and an interference with the prerogative of the King himself, without whose sanction, from the earliest periods, no person had the right to"return members for Parliament. It was well known by those who understood the history of the country, that Par- liaments had originally been called by the Crown, and that a long series of circumstances and many happy accidents had concurred to place parliament in the situation in which it at present stood. Bat to return to the history of these proceedings. On the Oth day of August Mr. Hunt arrived at a place called Bullock-smithy, about nine miles from Manchester, and three miles from Stockport. He was here joined by Moorhouse, who took him to Stockport, and on the morning of the 9th they were joined by Johnson. The party made a progress towards Manchester, accompanied by- Sir C. Wolseley and others. The notice of a meeting at Man- chester had, it seemed, attracted the attention of the magis- trates, and the meeting was prohibited by them. By their urder?, placards were stuck up in the town, stating that the 14 people, were called upon to do a thing highly illegal. Mr. Hunt, it appeared, was ex'remelv angry at this prohibition, or rather, at the-: conduct of Ihoe who were to have met together, in yielding to it ; a:id they -'. uld fin , that on the evening ofthe Oth lie was haranguing the people, and speak- ing of the magistrates who prohibited the meeting, by the appellalion of No J) in allusion to nine tailors. He used terms of extreme reproach and contumely in mentioning these gentlemen, declared that he conceived the object of the people to be legal, stated his opinion that they wore acting in a weak manner to yield to the ;is of the magistrates, and inviting them to p -K Lim on the 3Glh of August. The obscure situation of most ofthe people resi- ding at Manchester — their habits of labour, and the mode- rateness of their circumstances— had induced them to pay some respect to themagistracy, whoconstituted the soie autho- rity there, as fiiere was no corporation, or any body of that description. Their conduct when the prohibition was issued, afforded a sort of security that they were rather disposed to take the advice and obey the authority of the local magis- trates ; but when Mr. Hunt came down to Manchester, die having been occupied in assembling mobs at other places,} and said that the people behaved pissiHminiously, and that the time was come for acting, he induced those persons, in the face ofthe constituted authorities, to determine on a meeting. He gave notice that a meeting would b • held on the !(>:. ,f August — not a meeting ofthe inhabitants of the town of Manchester, but ol the population ofthe iirrouud" 15 jtig country. Having given this notice, that the meeting of the 9th was adjourned to the 16th of August, he proceeded to the residence of Johnson, near ihe town of Manchester* which he understood to be called Smedley cottage. Whilst he was there, he would show the Jury that Mr. Hunt recei- ved a visit from Knight, another of the defendants. As Mr. Hunt had acquired a sort of popularity in the town of Manchester, which it was not difficult for a man to do who headed a mob, and spoke the language of sedition, he proceeded to mature the plan of the meeting. The magis- trates now received information, on which it was very diffi- cult to act. They were informed that movements had taken place among the people composing the immense po- pulation of the neighbourhood of Manchester, in the dead hour of the night, 5, C, and even 10 miles off, which were of a nature quite unprecedented. The magistrates thought it necessary to take measures for the preservation of the peace: they felt that the calling of a meeting by a person who had no connexion with the town, who had no property in or about it, was likely to lead to serious mischief. They determined to ward off the evil ; and the prudence of their determination appeared evident when they were informed that on the loth of August, in the night time, a number of persons assembled at a place called White Moss, and had been observed going through the evolutions of military dis- cipline in such a manner, that no one who had seen soldiers performing their exercise could entertain, a doubt that the persons thus employed had some ulterior object in training 16 at such an hour. The two persons who gave the informa- tion, drew near to these individuals — so near that they were discovered and pursued ; they were followed by bodies of men detached from the main body, and, when overtaken were beaten most unmercifully. One of them, of the name of Murray, was discovered to be a special constable : he was obliged, in order to save his life, to fall on his knees, and abjure his allegiance. This circumstance would give the Jury some idea of what the object of these people was. Mr. Hunt here interrupted the learned Counsel. He wished to know how the learned gentleman meant to con- nect this circumstance with the charge alleged against him and the other defendants. Mr. Justice BAYLEY said, the learned Counsel was, perhaps, introducing this as a matter which would be con- nected by collateral evidence with the general charge. Mr. Hunt objected to the introduction of the circum- stance which the learned Counsel was stating, as having nothing at all to do with the specific charge. Mr. Justice BAYLEY said, he had a right to suppose that the learned Counsel would not introduce any circum- stance which was not material to his case, and that he would not advert to any fact which he did not believe that he had evidence to prove. W he acted otherwise, the result would be beneficial to the defendant's case, and certainly not to his. Mr. Hunt >aid, he felt himself happy in being placed •indcr his Lordship's protection. 17 Mr. SCARLETT proceeded. He had, he said, too long been acquainted with the duties of his profession, to intro- duce, to the prejudice of the defendant, matter which he did not think he was warranted in stating. He would id- form the defendant, if it were any pleasure to him, that he would endeavour to connect him deeply and criminally with the circumstances of which he had just been speaking. On the morning of the 15th August circumstances took place, which appeared to throw some light upon those motions which were observed in various parts of Manchester and its vicinity. The magistrates of Lancashire having received an intimation that a gentleman from London had been preach- ing his dissatisfaction to the populace on account of the prohibition of the meeting of the 9th, and that he had de- clared his intention to hold a meeting on the lGth, deemed it prudent to take those precautions which were necessary^ when vast assemblies of the people were assembled together for any purpose whatsoever. It was now his duty to open a scene, which, he would venture to say, in the whole history of public meetings in this country, had no equal. What was this meeting intended to be? Was it to be a meeting of the inhabitants of the town of Manchester ? Was it ultimately not a meeting as it was reported it would be ? Although the notice was not so definite as to exclude per- sons who were not inhabitants of Manchester, yet, as it was published in that town, and was more especially dissemi- nated amongst the people there, the inference was, that the ineeeting was intended for the inhabitants of that place. 18 But what occurred on the morning of the 16th of August? He here begged of the Jury to direct their eyes to the map which he held in his hand. The learned Gentleman then proceeded to illustrate his observations, by pointing out the situation of Manchester, and the different villages in its neighbourhood. This, said he, was the position of the town of Manchester — a town containing in itself an immense population, second, per- haps, only to that of London. Manchester was divided into twenty-four townships, aud was far more populous than o'.her parts of the kingdom. That population con- sisted for the most part of the laborious and industrious or- der of persons, although there certainly were many who possessed much wealth and property there. The very na- ture of such a population rendered it necessary to observe more than usual precaution when they were assembled to- gether, without any definite object. But, in addition to the danger which might be apprehended from a meeting of inhabitants, it was found that greater evils might be ap- prehended from the influx of vas* numbers of strangers. On the morning of the Kith of August, it appeared that bo- dies were seen advancing towards Manchester from various places, some of them at the distance of 10 or 12 miles from that town. They were provided with banners, the inscrip- tions on which he would by -and by describe to them, and they marched upon Manchester with all the regularity of an army. From Rochdale, from Lees, from Middleton, from Oldham, from Stockport, and from many other places, 19 which would be named in evidence, parties might be seen marching towards Manchester. Indeed from every peint of the compass persons might be observed arriving there, ma- nifesting all the discipline of soldiers, and differing from them only in this, that they had not uniforms and arms. At Middleton Mr. Bamford was seen placing in marching order a body of 2,000 men, they were without uniforms but he displayed talent sufficient to put them through their evolutions. He addressed them, and gave to each pieces of laurel leaf, that they might distinguish one another. Two thousand were more seen marching from Rochdale. It would also be found that Mr. Healy, another defendant, advanced from Oldham with a body of men. He would not say that this defendant commanded that body, but he would prove expressions of a very extraordinary nature uttered by him, when he was, as it were, singing in triumph, in anticipation of the glories of that day. The town of Manchester was in fact, surrounded by an immense force, who appeared as if they were going to invade it. Every road which ap- proached the town was covered with parties marching in a military manner. This was going on, he believed, up to 11 o'clock in the day, and amongst those who were advanc- ing to the town, some of the individuals who had been training at White Moss were recognised. It was necessary that they should pass the house of Murray the constable, who had been extremely ill, and unable to remove from his bed in consequence of the bruises he had received. The party stopped opposite his house and huzzaed, and gave, t. •20 evident tokens that they recollected the proceedings of the former day. They hailed him either to confirm him in the abjuration of the former day, or to intimate to him, that if he gave information he might expect their ver.geance. At 11 o'clock Mr. Hunt and his party were preparing to enter the town from the residence of Johnson. Ho came in an open Barouche, and he, Johnson, and Moorhouse, were seen to approach the place where the meeting was assem- bled. Mr. Hunt was attended by a triumphant band ; the Middleton and Rochdale force had united — they became his guards — and thus surrounded he advanced into the town of Manchester. The first place, he was told, which they approached, was the house of Murray the constable. When they came opposite to it, Mr. Hunt took the com- mand of the body ; he stood up in the barouche, and com- manded them to halt. The same expression of feeling was then shown as had previously been manifested by the party which had gone before him, and much hooting and hissing took place. Mr. Hunt then made his way to Deans- gate; and, on passing the Star Inn, where the magistrates were assembled on one of the most arduous duties they could possibly be employed in, he ordered his corps to stop again, and the magistrates were assailed with groaning, hoot- ing, and hissing — a pretty good exemplification of the man- ner in which they would have been treated had he been in authority. He next passed the place win re the head-quar- ters of the constables were held, whom they also treated in the same manner. Mr. Hunt ultimately proceeded in tri. 2 J umph to the place of meeting, which had heen previously visited by the other defendants. "While the forces which lie had described were assembling, Saxton, Swift, Knight, and all the remaining defendants, were employed in prepar- ng hustings for Mr. Hunt. The magistrates determined that a line of constables should be formed from the house in which they assembled to the cart on which the hustings were formed; and it would be pioved, that when those parties found that the constables approaclied so near to them, they caused the hustings to be removed fifteen yards farther back ; and the mob (he did not mean offence by using the word) formed in great strength around the waggon, in order to protect it. ' Speeches were made by two or three of those whom he had mentioned, particularly by Jones, who said it was the direction of the committee (so that there was, it [seemed, a committee) that they should take close order till Mr. Hunt came. They were then to open and let him pass, after which they were to close immediately ; and they were to take particular care not to let any but friends enter, as their enemies were abroad. The Jury would aiso find, that most of the parties when they approached were provided with large sticks, which they shouldered and bran- dished as they marched along. They were all provided with ensigns and banners, and advanced either G or 4 abreast, with a firm military step, and presenting every appearance of troops upon their march. When they arrived at St. Peter's area, the word of command was given, and they wheeled off with perfect regularity, and took the ground which their < -2 'I'l commander directed them to occupy. One of them, Healey, was particularly active on this occasion ; and indeed every thing connected with the entrance of those large bodies of men bore the appearance of an established and cultivated habit of militarj discipline. Next came Mr. Hunt with the largest band, consisting of more than 4,000 men. He ascended the hustings, and his partisans took their places around, displaying their flags and banners. On some of these flags they would find described the words, " Equal representation or death."' What could be the object of such a sentiment as this 1 He spoke to the J ury as men free from all prejudice ; but he took it for granted that they were men who at least wished for no violent revolution, for no re- form except that which could be effected by legal means. He would ask them to lay their hands on their hearts and say, what good object could those have in view who exhi- bited a flag hearing such a motto. They were not met there to discuss whether the present state of the House of Com- mons was the best that could be imagined. Good and wise men differed on this point; but, whatever difference of opinion might be entertained upon such a subject, of this he was sure, that there was no man, who considered the ques- tion riyhtly, that would not stand by the law and constitution of the country, if threatened with violence, as they were now administered, that would not resist to the uttermost, aH attempt to make a forcible alteration in the present system. " Equal representation or death" was by no means a vague expression; and he thought the mob, with all respect for •23 those who had a better opinion of their understanding, had better attend to their different avocations, instead of discussing political opinions, for which their education did not always qualify them. Were the mass of the people to be told, by those who urged them on, that equal representation was to be purchased even at the expense of their head 1 Were doctrines to be disseminated, which no man durst utter with his lips, thoug«h he might display them on his banner ? AYere they to be taught to consider equal repre- sentation as the sine qua non of their existence, and that they should rather perish than not sec- re it? Another banner bore the inscription of " No Corn Laws." He came not to that Court to discuss whether the law on the subject of corn were good or otherwise ; he had his opinions on the question, but it would not be. decorous or proper to state them there. He knew that wise men might sometimes frame a mischievous law ; but it was not to be removed by riot and violence. He would suppose every Honourable Gentleman in that box was as much an enemy to the Corn Laws as the persons who thought themselves most aggieved by them ; but would it not be a most dangerous thing to say to a mob of 60,000 persons, for the purpose of getting rid of such a mea- sure, particularly when the minds of the people were irritated and inflamed — would it not, he asked, be an appeal of the most inflammatory nature to say to them " We will have no Corn Laws ; we will force the legislature to do as we please?" This wa* not an election appeal. What object could it have but to inflame their feelings — to induce them to decide on a •21 question with respect to which they were ignorant, and those who affected to instruct them were not well informed ] Next came the inscription of " Annual Parliaments" : there were men in this kingdom, and no doubt respectable and honour- able men, who thought Annual Parliaments would be very useful : but would any of those individuals say, that such a proposition was to be carried by violence as the sine qua non of their existence 1 Let the people meet to petition for reform — let them submit to parliament what they thought expedient for the public good — and no man could complain. But was it the business of a public meeting to dictate to par- liament, and to declare that they would effect a certain object, or they would have nothing ? The next inscription was " Universal Suffrage and Election by Ballot" : These two points, with annual parliaments, were the three pretexts which were advanced lor calling this assembly. Seeing that Mr. Hunt (whom he had heard defend himself on other occa- sions, who had more talent than the mere itinerant orators who travelled about from place to place) was at the head of that meeting, he felt considerable surprise that he did not perceive that those three terms, taken together, meant nothing but an entire subversion of the constitution: but as long as these questions were sub judice, what right had any man to say, " We will, in spite of all opposition have these three things" .' To do so was illegal ; and it was most unfit that, on the subject of public grievances, the mob should be suffered to dictate to the legislature. Let them meet and petition : let the weavers and shoemakers, and other artisans in this kingdom, who were destined to get their bread by the labour of their hands, inform the legislature of the best course to be pursued, with respect to public affairs, if they had more wisdom than those by whom they were now con- ducted. The law enabled them to do this ; but let not dema- gogues state to them that those three points were the only things which could be got to serve them ; they ought not to do so, for this reason — because, when the mob got hold of a grievance, they were apt to consider it as the great source of all their evils, and they were at length led to believe that the removal of that alone would operate as an effectual panacea to cure the whole of their complaints. The ridiculous folly of a mob had been exemplified in a most humour- ous manner by that eminent painter, Mr. Hogarth. It was found necessary many years ago, in order to prevent a con- fusion in the reckoning of time, to knock eleven days out of the calendar, and it was supposed by ignorant persons that the legislature had actually deprived them of eleven days of their existence. This ridiculous idea was finely exposed in Mr. Hogarth's picture, where the mob were painted throw- ing up their hats, and crying out " Give us back our eleven days." Thus it was at the present time ; that many indi- viduals, who could not distinguish words from things, were making an outcry for that of which they could not well ex- plain the nature. Another inscription was, ""Let us die like men and not be sold like slaves." Who, he should be glad to know, had been selling the people of Oldham, of Rochdale, of Middleton, and of the other places, the inhabi- 26 tants of which went to Manchester that day? He never heard of any such sale ; but some person, who did not choose to speak these words, thought fit to place it on his banner. The pole, to which one of the banners was affixed, was surmounted by a pike-head, painted-red, as if to show the sanguinary feelings of those who bore it. An- other flag had painted on it a dagger. God forbid the time should ever come when they should see any man, who had the courage to declare to the people of this country, that the dagger was the instrument by which lost rights were to be recovered. But he was afraid that though no man had the courage or audacity to preach such a doctrine to a mob, yet that there were persons who had insinuated that the dagger was a fit weapon to be used — and he would make no farther comment on the consequeuces which such a doctrine had led to. A dagger was not the weapon which English- men were wont to use, and he trusted that those who said our rights were lost, and wished to regain them, would not declare to the people that they should arm themselves with such an instrument; because he was sure, the moment the people imbibed such a feeling, they might give up all idea of a free constitution, of morality, or order, of all that was dear to them. He had thus described the form in which the people assembled, and the progress of the meeting. What was that meeting ? Was it a meeting of the people of Man- chester, or the county of Lancaster? — No. Was it a meeting of a particular trade to procure the repeal of some obnoxious bills 7 — No. Who assembled at it, and who presided over ±1 it' Were the former inhabitants of Manchester? and Wis the latter any person interested in the welfare of the town, or intimately connected with the county 1 — No. These wore questions, however, which must be left to the Jurv to decide. This at all events, he knew, that the effect of the meeting, whatever might have been the design of those who called it, was to strike terror into the minds of his majesty's subjects. Would any man whatever tell him that the respectable inha- bitants of Manchester must not have felt great alarm when they saw the shoemakers, the weavers, the journeymen of all descriptions, advancing towards that town as if to invade if? The law had determined that any meeting of people, even for a legal object, in such array and such numbers, was an unlawful meeting. But did it require law-books to tell them that? Why had they laws to prevent the rude hands of power from destroying and devastating property? But if they were to be told that a mob might be suffered to advance from every part of a county, to the terror of the peaceable inhabitants, their laws would be of little use, and it would be better to return to a state of nature — to sink into the original mass — and declare that force must be repelled by force. Let individuals look to the consequence of such a system. If meetings of this descrip- tion were to be tolerated, it would be impossible to sustain the constitutiou of the country, except by means of such au increase of the military force as no good man, as no man who loved the constitution, wished to see established in a time of peace. The common civil power could not do any 28 ibing agaiu3t such numbers ; for what fcould GO constables effect against as many thousand individuals ? The magis- trates of Manchester finding the meeting drawing together in this manner, perceiving parties coming from different quarters, and not knowing to what distance the ramifica- tions of the system might have extended — perhaps to Bir- mingham, or more distant places ; seeing also that the assembly was headed by a man who had no local con- nexion with the town, thought it necessary to interpose. They proceeded to do so, particularly as it was deposed by various persons in the town that they felt considerable alarm. They in consequence issued warrants, and the defendants were taken into custody. With what passed afterwards he had nothing- to do; his task closed here. He wou'd now briefly recapitulate the offence which was imputed to the defendants. They were accused of having met together in great numbers, with flags and banners, to excite alarm in the minds of his Majesty's subjects. This was charged as an unlawful meeting, and they were ar- raigned for having taken a part in if. If this were proved, (and, although he could not be responsible for the evidence, he believed it would be proved,) the Jury must return a verdict of guilty. At the same time, he called ou them to bestow their best attention to all that the defendants might urge in their own behalf, as it was a maxim of law that every indulgence should be extended to an accused party. (Mr. Scarlett's Speech lasted one hour and thirty-five minutes ), 29 EVIDENCE. The first witness called was Thomas Tiddler. Examined by Mr Serjeant Hullock. Q. Where do you live, Mr. Tiddler? A. I keep the Red Lion, three miles from Stockport. Q. Do you recollect Mr. Hunt calling at your hoase in August last? A. Mr. Hunt came with a servant on the afternoon of the 9th of August last ; he baited his horse, and dined at my house. Q. Do you know Mr. Moorhouse ? A. I do. Q. What is he ? A. He is a coach proprietor and auctioneer at Stock- port. Q. Do you recollect Mr. Moorhouse coming to your house about the same time ? A. Moorhouse came immediately after in a post- chaise with his brother, and inquired for Mr. Hunt, who had just left my house. Q. What did he do then ? A. After stopping five or ten minutes, he went off in the direction Mr. Hunt went, towards Stockport. Q. Was Moorhouse in the neighbourhood before Mr. Hunt left your house ? A. When Moorhouse first came in the neighbourhood of my house, Mr. Hunt was at my house, but the for- mer did not then enter. Q. How long did Mr. Hunt stop at your house ? A. About four hours. Cross-examined by Mr. Barrow. Q. Did Mr. Hunt meet Moorhouse at Bulk Smithy ? 30 A. The report was not true that Mr. Hunt was met by Moorhouse at Bullock's Smithy, and conducted on to Stockport. Q. State all you know of what occurred at that time ? A. All I know is, that Mr. Hunt had gone from my house before Moorhouse came there. Q. Do you know Moorhouse perfectly well ? A. I have known Moorhouse intimately these dozen years ; and he is in the habit of stopping at my house when he passes that way. Q. Is he in the habit of attending public meetings ? A. I have heard he attended public meetings since the 16th August; but I cannot state it as a fact. Be- fore that time I never heard that he did. Cross-examined by Mr. Hunt. Q, Is your inn much frequented ? A. Mine is the principal inn at Bullock's Smithy. Q. Moorhouse, you say, stopped opposite your house, in the morning, but did not call ; but he called on his second visit when I was gone ? A. Yes. Q. Was it generally known that I was there ? A. It was a matter of public notoriety that you was there. Q. How long did I stop ? A. About four hours. Q. Did Mr. Johnson, of Manchester, call ? A. No. Q. Did any other person call ? A. One Jump did, and asked to see you ; he was admitted. Q. Do you know any of the other defendants : 31 A. I know none of the other defendants; all 1 know is, that, by your permission, 1 conducted three succes- sive parties of two each into your room. Q. Was the door locked ? A. The door was not locked, any body who inquired was admitted. Q. Did you see any thing to excite your suspicion of a plot ? A. I know of no plot carried on there. Re-examined by Mr. Serjeant Mullock. Q. Did the parties admitted to Mr. Hunt appear to be friends or strangers ? A, The parties admitted to Mr. Hunt were strangers to him. Henry Lomas sivorn — examined by Mr. Cross. Q. Did you live at Stockport on the 8th of August last? A. I kept the White Lion, at Stockport, on the 8th of August. Q. Do you recollect Mr. Hunt, and either of the other defendants calling there about that time ? A. Late on that night Mr. Moorhouse and Mr. Johnson came to Mr. Hunt at my house ; and also early on the following morning, when they were joined by a stranger and a crowd of persons. I saw the Gen- tleman who was called Sir Charles Wolseley, and at a late period of the morning of the 9th of August, Parson Harrison joined them. Q- Have you observed such crowds frequently at Stockport ? A. Such crowds were not customary at Stockport, except when Mr. Hunt was making his speeches. They went (or some of them) into Mr. Moorhouse's house, 3-2 where chaises were getting ready in the yard. One gig was also there into which Mr. Hunt and Sir Charles Wolseley entered, and Moorhouse and Johnson went into a chaise, and went off altogether towards Man- chester. Cross-examined by Mr. Barroic. Q. Do you know Mr. Moorhouse ? A. 1 know Mr. Moorhouse perfectly well, and that he worked stages on that line of road. Q. Does he not take in horses to bait ? A. I don't know that he takes in other horses than his own to bait. He took in Mr. Hunt's, certainly, at that time. I can't say that Mr. Moorhouse has been in the habit of addressing public meetings, but he cer- tainly had two, three, or four crowds about this time, when he used to be speaking to large meetings on the road. Cross-examined by Mr. Hunt. Q. What line of business do you follow ? A. My business is a publican. Q. You also keep a chaise to let, do you not ? A. I do. Q. Mr. Moorhouse also keeps a chaise to let ? A. He does. Q. You are rivals then ? A . I am not a rival of his. Q. Have you known meetings at Sandy-brow ? A. 1 have known public meetings at Sandy-brow, and attended them. Q. Have you seen Mr. Moorhouse at either of those meetings ? A- I never saw Mr. Moorhouse there; if he had, I should have recollected it. 33 Q. You are something besides a publican. Have the goodness to say what other capacity you sometimes act in ? A. I am one of the yeomanry, and was called upon in that way to attend the meetings ; the same cause led me to Manchester on the 16th August. Q. You said that crowds attended oa Mr. Hunt and Moorhouse ? A. I have said that crowds were there to hear Hunt's and Moorhouse's speeches. Q. Have you seen such crowds after the Duke of Wellington ? Did you see such a crowd follow Mr. Cross after the Derby Trials ? A. I never saw crowds about the Duke of Wellington, nor around Mr. Cross, the learned Counsel, after the Derby trials. Q. Did you attend the Manchester meeting on the 1 6th August? A. I was at St. Peter's-field, Manchester, on the 16th. Q. What company did you serve in on that occa- sion? Here the witness smiled, and on being asked the cause, said, I could not help laughing at it, for we had no right to be called there. A. I was in the Cheshire yeomanry at the dispersion of the Manchester meeting. Q. Why did you laugh ? A. I laughed because it was a fine day, and we had no right to be called out. Q. What did you observe on that occasion t A, I saw no particular transaction that dav> f M Q. You had on your uniform and were armed ? A- I had on my uniform, and had sword and pistols ? Q. Did the people march in military order. A. I saw no marching in array, except among the yeomanry and soldiers — no invasion of Manchester ; but I saw flags and banners. Q. At what time did you arrive on the ground ? A. I was at St. Peter's-field betwixt one and two o'clock, and remained perhaps an hour, or an hour and a half. Q. What did you see transacted ? A. I saw nothing particular but the people running one way or another. Q. What did the Cheshire yeomanry do ? A. The Cheshire yeomanry remained still — they cut nobody, though I saw some people down. Q. Did not the cutting the people down attract your attention ? A. It did not attract my particular attention. Q. Did you observe who it was that smote the peo- ple ? A. I cannot say who cut the people. Q. At what time did you leave Stockport ? A. J. do not know at what time I left Stockport; it might be about 7 or 8 o'clock ; between that and one I was where Captain Newton choosed to take me in the neighbouring county. Q. What were you doing while the people were en- deavouring to get away ? A. The Stockport troop had nothing to do with the running away of the people. Q. Did you get any of the flags ? A. I saw some flags which the cavalry had in their Note.— "No. 2 will be published on Tue-dav morning. It will lie printea -lo^rr, and will conseqiieiit l\ contain moi e , tb«n \n i. :V> hands ; how they came into their hands 1 cannot say. Q. Did not the Stockport get a few flags ? A. Some colours got into our hands ; two, I believe; but how I don't know. We took back one of the flags to Stockport. I never saw it since. Q. Were your swords drawn or sheathed when you came upon the ground ? A. Our swords were drawn before we came upon the ground, by order of our officers. To other questions this witness answered — When we got to the ground, the people were all running away ex- cept a few — we halted at the instant and dispersed no- body ; I saw no resistance made to the Stockport troop ; saw persons going to the meeting, but not in battle array. I saw nothing to call for the interference of our troop. We were formed to the left of the 1 5th, but not in sight of the hustings, nor could I see what was going on in the turnpike road. Mr. Scarlett here objected to the relevancy of this course of examination. Mr. Justice Bayley explained to Mr. Hunt that what followed the meeting of the l6th of August could not affect his case. The charge against him was for a conspiracy entered into previous and upon that day, before the dispersion. He might, however, question the witness a little out of the line, if he meant to impeacn his credibility. Mr. Hunt thanked his Lordship, and said that was his object. MICHAEL BKNTLEY sicom. Examined by Mr. Serjeant Hullock. I live at Newton Norris, near btockport, and was there on the 8th of August last, and saw Mr. Johnson there in the evening of that day in a gig with Mr. Hunt, going towards Stockport. I saw Mr. Hunt with the gentle- man they called Sir Charles Wolseley on the following day. Cross-examined by Mr. Hunt. Q. You know Mr. Johnson ? Is he here ? A. 1 know Mr. Johnson, but do not see him here. Q. Are you a yeoman ? A. I am not. [No. 2, price Sixpence.'}, £ :)(> pearance of the military. Q. Did you observe a disposition to not and commit violence ? A. I saw one or two men act very rough and insolent. Q. How many people do you think there were assem- bled ? A. I think there were about 50,000 or '.0,000 persons, but I only saw one or two who were a little rough. Q. What was your motive for going to the meeting ? A. I went from curiosity. 1 saw the Stockport people advancing j they did not alarm me. I was alarmed afterwards when the cavalry appeared. Q. Were the persons who behaved insolently armed ? A. I saw no arms with the persons who behaved insolently; I saw nobody cut that day. I saw onecon- stable hurt ; he was pressed down in consequence of the people going from the cavalry. When the cavalry approached i was a little alarmed, and got amongst the constables ; some of v horn I knew. Q. You knew some of the constables you say r A, 1 knew Mr. Nadin. I saw an opening of consta- bles, a body forming two rows from the house where the magistrates met, up to the hustings. Q. Did you see Mr. Nadin there? A. 1 saw Mr. Nadin on the spot ; but I did not see him insulted by any one. Q. Did you hear me address the people, what did I say ? A- I heard you address the people, and rajiiest them " to be quiet and peaceable", Q. What was the general conduct of the ptople be- fore the arrival of the cavalrv ? ...or ■ it A. With the exception of one or two persons, who forced their way through the constables, I saw nothing but peace and quietness among the people until the cavalry arrived. To other questions Witness answered — L do not know Mr. Piatt or Mr. Derbyshire; I do not know that the persons who behaved riotously were among those charged here this day. By Mr. Barrow. I know Mr. Moorhouse ; but do not particularly re- collect whether he was on the hustings. I saw him in the carriage. I do not know what became of him after be left the carriage. Re-examined by Mr. Sergeant HuUock. Though I do not recollect having seen Mr. Moorhouse on the hustings, I remember having seen him in the carriage. Mr. Hunt, Mr Johnson, and two or three ladies were also in it. The carriage was a long time coming to the hustings. There were plenty of banners; one of the ladies, who sat on the coach-box, carried a flag. The carriage approached close to the basting's, and persons came out of it. I saw Johnson on the hustings ; but whether Moorhouse transferred himself from the carriage in which I saw him to the hustings, or not, I cannot say. I passed the Stockport people ia the morning; they amounted to upwards of a thousand. I heard a few words of Mr. Hunt's address, He said, " if any people break the peace they must put them down, keep them down, andmake them be quiet." I cannot recollect any other words. By the Court. — 1 cannot judge how many of the peo- ple Mr. Hunt could make hear him in so large a con- course. MARY CADMAN sworn. Examined by Mr. Eitthdalc. 1 know Mr. Hunt. I saw him at Manchester on the 8th of August. Did not make the bed for him there. 38 Cross examined by Mr. Jiarruic. I had been a servant at Moorhouse's : he was a good religious man, and used to read the Bible very often to his family and servants. Witness went to the meeting on the Kith August. There were a number of women and children there. Was not a servant to Mr. Moor- house then. Moorhouse took his wife there. She was then in the family way. She saw no children there be- longing to Moorhouse: he has eleven children : six by his present wife. SAMUEL MORTON sworn. Examined by Mr. Sergeant Cross. 1 lived near St. Michael's church, at Manchester, on the cjth of August; saw a crowd near his house on that day; there was a great noise that Johnson, Hunt, and Moorhouse were coming ; they came on a large piece of ground near the church, opposite the sign of the Church public house. Hunt and Johnson were in a gig, and Sir C. Wolseley and some others in a chaise. There was a large collection of people, about 1000. Mr. Hunt got on his legs, and addressed the people. Among other things, he began making allusion to the Man- chester magistrates : he compared them to nine tailors on a shopboard. This witness supposed was for for- bidding the meeting, which he (Mi. Hunt) said was a legal one. He encouraged them to be firm and come forward, and no doubt they would prosper. Mr. Hunt. — Will your Lordship tell the witness to say how I encouraged them ? Mr. Justice Bayley. — You will, by-and-by, Mr. Hunt;, set ail that right by your own examination. Witness went on. He advised the people to be firm : he (witness) saw several placards forbidding the meet- ing. They were up in several parts of the town. They were signed by nine persons, five of whom he knew to be magistrates. 'I here was a great multitude of people, and a noise : he could not say that Hunt made any par- ticular allusion to those papers; but he told them there would be a meeting on the Kith, and to come forward then. There was a loud huzza, and cries of " We will, we will.'" Mr. Hunt waved his white hat; Johnson 'Mi Was by Hunt's side ; .lie waved his hand a little. It continued from half an hour to three quarters. They then went off to Johnson's house. There were many thousands moving about on Monday the Kith : he saw them frim Withy Grove: he saw Mr. Hunt, Johnson, and others, he believes, in a carriage. There were peo- ple after them five or six a-breast. They kept step very well, like soldiers : he could not tell the numbers, but it was nearly half an hour before they passed, and they continued moving all that time. They came either from the Oldham or the Rochdale road : he heard a bugle blow, which appeared as a signal for their halting: they halted during the half-hour he mentioned. They had a black flag with " Liberty or Death/' These were the words, or similar — Cf No Corn Laws" upon another. Mr. Hunt here wished for the production of the flags, as their production would be the best evidence. It ap- peared they were taken. The Judge said, there was only evidence as to two being taken. The witness continued. — There were several other flags with caps of liberty at top. One had " Hunt and Liberty" on it : he saw them come opposite to Mr. Murray's house. Murray is a constable. Murray was very ill at that time, and in his bed-room. They hissed opposite the house. They also shouted out, that they wanted some Whi f e Moss humbug. They were halted at that time. The carriage had gone on, and was not then in sight. The town was very tumultuous, and, for myself, I was alarmed. I had lived in the town forty years, and never saw any thing so tumultuous there before. Public business did not go on as usual. I did nothing. I was afraid. There were so many running up and down, it was hardly safe. Cross-examined by Mr. Barrow. He did not mean to say that Moorhouse u as in the carriage on that day. Cross examined by Mr. IIoll. Did not know Saxton. (Saxton was here pointed out to him, and witness said he was a stranger to him.) He did not see him on the 9th or Kith. 40 Cross-examined hy Mr. Hunt. Q. What is your line of business, sir ? A. I am a fustian manufacturer. Q. What was it that disturbed you ? A. The people running up and down in the streets. Q. Was this before or after the procession ? A. This was after the procession. Q. Where do you carry on your bussines ? A. I carry on my business at my own house. Q. Was that in the street where the crowds were? A. No. Q. What induced you then to leave your home and business ? A. I was going about my business when I saw the people at Withy- grove. I was alarmed. Q. When you saw this of course you returned home for safety ? A. No ; I did not go home to my own business, but went on a little further, to the corner of Hanging-ditch. This was a stone's throw from Withy-grove. I was alarmed at the black flag. I thought they were going to level something. Q. Have you any family ? A. I am a married man, and have a wife and seven children. Q. You took care of them ? A. I took care where they were : they were at the house : there were none of them at Peterloo, as you call it Q. Are you quite sure that none of them were at the meeting? A. I depend on what they told me. I never went to the meeting. My lad was at his work in High-street. Q. Why did you not go home ? A. The reason why 1 did not go home to my family was, that 1 wished to see the crowd pass. I saw the black flag. 1. thought there would be a disturbance and a fight. (J. Did you see any fighting? A. There was no fighting, but something that I did not like. There was a trumpet blowing, and they ge- nerally fight after blowing the trumpet. Q. What is your definition of a riotous meeting ; 41 A. My meaning of a riotous meeting is, a number of people racketing together. There were several wea- vers came up to Hunt without coats. There were many women and grown-up girls. Could not say whether women walked arm in arm with the men. Q. Did the women appear to be alarmed ? A. I could not say whether they were alarmed. I saw several whom I knew at the procession on the lfith. Q. How long did you remain a spectator ? A. I went home about 1 o'clock to dinner, though 1 was alarmed. Q. Did your fears subside after you had dined? A. I was as much afraid afier dinner as before. Mr. Hunt. — If you had been at home attending your business, you would not have seen this procession. Witness. — Sir, if you had continued at home, there would have been no meeting. Cross examination continued. Q. How long have you been in York ? A. I have been in York since Sunday. Q. Have you seen any procession ? A. Saw the processions of the candidates in the city, Saw the bands of music and the flags, but was not afraid. There was no black flag there. His opinion of the dif- ference between the two meetings (that at Manchester and the election at York) was, that the one looked like war and disturbance, and the other like merriment and rejoicing. [Some approbation was here manifested, ichich Mr. Justice Bay ley strongly condemned. His reason for making this difference was, that he had heard of the intended meeting at Manchester, and seeing the people coming, he was afraid. Q. Were not some of the people in the York pro- cession drunk ? A. There were some of the people in the York pro- cession drunk. The sober procession looked more like war than the drunken one. Did not see a flag with a bloody pike on it at York ; nor a flag with the motto — ;< W e will conquer cur enemies." Witness could not say whether the allusion to the conduct of the magis- trates at Manchester did not arise from the wording of their notice. 4-2 Cross-examined by Mr. Johnson. You spoke of levelling; are you not a leveller of property yourself? Witness objected to the question; but on a little explanation it appeared to refer to the witness having been discharged from Lancaster gaol under the Insolvent Deb- tors' Act, and that he had not since paid any of his former debts; but he had acquired no funds to do so. JAMES STANDRTG, sworn. James Standi ig, examined by Mr. Litthdale. I saw Mr. Hunt on the Oth of August at the bottom of Jilakeley-street, Manchester. Me had just then got up in his gig to address the people. Witness was at his work, but was drawn to the spot by curiosity. There might hare been about 1,000 persons there ; he heard Mr. Hunt say, that the first thing lie heard of the postponement of the meeting was at Bullock-smithy. There were signatures to the paper, which fulfilled the ok! proverb, that " nine tailors made a man ;" he also said something about a noto- rious quorum. He was astonished at any one being sent to Liverpool to know whether the meeting was legal or not; he knew himself that it was legal; he also said, that there was another meeting to be held on the following Monday, but witness did not hear him say whether he should attend it or not. Here the placard from the magistrates warning the people not to attend the meeting of the {)m, was put into wit- ness's band, and he said he saw similar ones in Manchester. Cross-examined by Mr. Hunt. Q. Did you write down my words at the time I A. 1 did not take notes at the time, but he afterwards wro'e it for a man who was employed by the police. This was about a fortnight after. Did not hear Mr. Hunt say that he had important business to do, and that he must return before the 10th of August. Did not recollect hearing Mr. Hunt say that the magistrates had threatened with their indignation all who did not attend the meeting. John Chadwick, examined by Mr. Scarlett. Lives at Manchester, ami is a shoemaker; he went on the Oth to meet Mr. Hunt; lie met him at Hard wick-green. There was a gig with Mr. Hunt and Johnson in it, and a chaise with Sir C. Wolseley. Parson Harrison, and Mr. Moorhouse in it. There appeared to be about 300 people coming in with them. The crowd increased as they went along; he heard Mr. Hunt say in a loud tone, "Shout, -4 >> .shout, .shout." He repeated that tii! he got oppo-ite the Observer office. There they slopped, and Mr. Hunt whirled his hat, and the people near him shouted, and the others joined. They appeared to understand him ; they then went on to Johnson's house, and shouted again ; Mr. Hunt said, " three times three." This was opposite M. Michael's church ; he then told the people to come on one side, and he would tell them his errand to Manchester; he then drawed his gig on one side, and said that he had heen in- vited to Manchester by the Manchester committee, and that he and his gig, and his political Bob (his horse,) had set out together; he had come as far as Coventry, where he saw the Courier newspaper, which stated thai the Manchester ma- gistrates had put down the reformers at Manchester, and that he (Hunt) would be afraid to show his face there, as they would make him smell gunpowder. Afterwards, he said, that he had seen the proclamation at Bullock-smithy, and such a proclamation never came from a shop-board of tailors : he also added, that he would have the Courier to know that he was not afraid of gunpowder: he then turned to the Stockport people, and said, he hoped to see them all on the l(jth, and that they would bring as many of their friends and neighbours as they could with them. Witness knew where White-Moss was: on the 15th of August he got there before day-light; White-Moss is about five miles from Manchester. There was a great number, about two or three hundred at first, but they kept increasing all the morn- ing. They came from different roads ; witness went there from curiosity ; they fell in ranks like soldiers when the horn was blown. This was about day-light ; witness also fell in. The people fell in to the companies belonging to the place they came from. Every company had a persoa to command it; they then marched about the field for two hours ; and when the word was given to fire they clapped their hands. The words, " make ready, present, fire," were given as if they had guns; and at the word "fire," they clapped their hands. They aflerwards fell into a large body, and made the spectators fall in also. Witness failed in at first, but he very soon after failed out. Did not know any of the commanders there. Mr. Hunt objected to this evidence. The witness bad sworn that he knew none of these people. Mr. Scarlett said he would shew that some of these people had attended Mr. Hunt. Mr. Hunt said it mattered not unless some of those persons were among the accused. F 44 Mr. Scarlett said, he hoped Mr. Hunt would not be al- lowed to disturb the proceedings of the Court. Mr. Justice Bay ley— Mr. Hunt has a right to take the objection, and I am doubling whether this is evidence. — [The witness was sent out.] The witness, who was sent out of Court during the argu- ment on this objection, was again called to the box. I was at the meeting of the 16th of August, and the first person L saw was a man I had seen at White-Moss with a letter brought from Manchester. After the letter came the parties formed into a square, like four walls, and the man who was to read the letter was in the centre. The letter was not read, as they said there was no name to it, and they would have nothing to do with it. The man then joined them. The man who was to have read the letter was the person who led np the Middleton and Rochdale parties on Monday. This man was drilling the men, and giving the word of command. I saw Murrav, the constable, on the Moss, and heard the people call " Spy, spy,' and then run after him. There was another man with Murray. I left the ground about six o'clock. 1 went the next day at eleven o'clock to John- sou's house to meet Mr. Hunt. I went with a party from the Union school-room at Manchester. I did not see Mr. Hunt go from Johnson's, for 1 joined the Rochdale and Middleton party, who were going on to the meeting. I saw Mr. Hunt go on to the meeting afterwards from Johnson's house. Johnson, Knight, and a person they called Carlile, were with him in an open topped chaise. Some of the peo- ple walked in ranks near it, but the rest walked irregularly. Thev shouted as they came to Johnsons's ; and also at the Exchange, and opposite Murray's house they hissed hard. There was a woman on the coach with the coachman. She carried a flag. Cross-examined by Mr. Hunt. I live at No. 30, Miller-street, Manchester ; I have lived there nineyear&. I work a little for myself. I know you are Mr. Hunt ; when you bid the people shout I did not join them. I went through mere curiosity and nothing else. 1 staid up all the night I went to White-Moss ; the man who went with me is named William ; I do not know his other name ; he saw all I saw at White Moss. I never told those who brought me here that another person had been with me at White-Moss. I have frequently talked over the matter with the man "'ho went with me-. I do not know 46 ■where he lives, The story I have told here has been take* down in writing by Mr. Milne ; be never asked me whether any body had been with me. I went to him of my own accord to speak the truth; I went to him last Thursday. I never went to him before that time. There were about three hundred pi rsons at White-Moss when I got there. There were some scores, who did not fall in until they were forced. They said to us " \ou must all fall in, for we'll have no lookers on." When I first came, they had not fallen in— they were all sitting down. There are roads close to White-Moss, and persons passing could n Spy/' it ran along the 47 hues, and 1 heard the words, " null them, d — n them, mill them ;" I then heard a cry of " they are constables ; and the answer to that was, " d — n them, murder them." I moved off, and moved off, and so did Shawcross, but were followed by eighty or ninety men. They overtook Shawcross, beat him, and knocked him in the ditch. Mr. Hunt here submitted that this was not evidence. This was proof of an assaulf for which men had been convicted and punished. Mr. Scarlett contended that he had a right to examine this witness. His object was to shew the connection between the men at White Moss and these assembled on the 16th August. The charge against the accused was that of con- spiring to disturb the King's peace. Now the conduct of those assembled at White Moss Mr. Hunt said, that he felt as fully as any one the gross- ness and illegality of the conduct of those persons at White Moss; but he hoped ihe Court would not implicate him and his fellow defendants in it, upon such testimony as that al- ready given. Mr. Justice Bayley said, the only question was, whether those assembled on the 14th had not intended to give those assembled on the 16th that superiority which military train- ing gives ? and if so, whether it is not evidence to shew the intention of the parties in assembling? Mr. Murray's examination continued. From 20 to 30 men followed and overtook me. They be- gan to beat me with sticks and kick me most violently with their clogs. 1 desired them to give over, that that did not look like a Reform in Parliament ; it was, I said, very dif- ferent treatment from that received by prisoners of war. They asked me how we would treat them if we took them prisoners to Manchester ? I said we would treat them as prh oners, and not murder them. They continued beating me, and one said, " Shall we kill him out and out and put him in the pit, or let him go?" A young man said he has had enough ; another, •'• If he has any more he'll die/' They then desisted, and held a consultation, after which one of them asked me if I would consent to go down on my knees, and never be a King's man again, and never name the King any more? I said jes; as I considered my life was in danger. I fell upon my knees ; the words I now men- tion w r ere proposed to me, and I repeated them. They then let me get up. One man struck me twice after I got up, and that was all. I went to Middleton, as I was unable to go to Manchester. 1 was unable to stir after I got to bed. I was the next day removed to Manchester where I was confined to my bed. On the next day, the 16th, I heard the sound of bugles, and on being removed to the window, I heard the cry of " halt!"— the crowd then halted near my door. 1 looked out, and saw the streets tilled with people. Those in the centre were in ranks about six abreast. The bugle was again sounded, and I heard the word " march," and the party moved on, and began to hiss very loud. Many of them had sticks. They had several flags and banners with them. —Those who inarched in line amounted to be- tween 5,000 and 6,000 men. Besides these, there was a large crowd of men and women ; I could not identify any of them ; I was unable to go out that day. This was about eleven o'clock. About one o'clock another crowd of men, women, and children, came past my house. There was an open carriage, in which 1 saw Mr. Hunt and Mr. Johnson, and 1 think another person. 1 do not think it stopped at my door, but it moved very slow. The whole ot the crowd hissed and pointed at my windows. I think those in the carriage lookod at my house. (To a question from the Judge) — I am sure they looked up as they passed. I think those in the carriage were stand- ing. There were near 4,0()0 persons, many of whom were women and children. The road from Smedley Cottage does not run past my house ; by going that way they went 500 or €»00 yards out of the way. Cross examined by Mr. Hunt. I am not employed by the Police; I am a confectioner ; I am a district constable, sworn in by the magistrates. I went to Wh.te Moss, in consequence of the alarmed state of the country, as well as of my family and myself. I went of ray own free will. I told several persons I would go, as he had heard of drilling. I believe I told Nadin. I got nothing for my trouble from the Police. I here was a subscription for the wounded at Peterloo, and I got a part of it to pay my doctor's bill. I got 15/. I will swear that !! never arranged with Nadin or any other person, nor was I employed by any one to go there. It was my own act and tieed. On my oath, to the best of my belief, Nadin did not know I was going. I saw no lookers-on at White Moss. They were all at drill except myself and those who went with me. I did not notice the lookers-on. There were some persons at a distance, who might be lookers-on for 'vSat I know. - Therp were cot many looking en m front of 49 the rauks. If there were 200 lookers-on, 1 must have seen them — They had no arms. I did not hear them say, " make ready, present, fire.'' But if it had been said, I must have heard it; 1 first mentioned this to Joshua Poliet — My depositions were made in my bed-room before Mr. Norris and Mr. Traflbrd, on the same day that I was at- tacked. On the 21st I went before a Magistrate, in order to correct an omission which I had made in my depositions. They were put down on a slip of paper, but 1 do not recol- lect whether I swore to them or nut. 1 think myself a reli- gious man. — 1 go to Church and Chapel. I know Robert Meagher. I do not recollect any particular conversation with him. I do not recollect any particular conversation between Meagher, Sandy Moreton, and myself. Perhaps I do not like the Reformers, but I do not recollect using any violent language against them. 1 never said that 1 would rather be rowed to my own house in a boat in the blood of the Reformers, than walk upon the pavement; I once said, that if it was to come to an action, I would not give up to the Reformers, even were I to fight up to my knees in blood. I went one night to the Cock public house, and being a King's man, they were all at me ; I had a good deal of ale, and I do not recollect what I did say ; I will not swear that I did not use the words you mention. I know a Mr, Chapman, at Manchester; I went not long since in a coach with him to Liverpool ; there were six in the coach ; we spoke of Reform ; I do not recollect saying that if I had the command of the troops on the 16th August, I would have put every b rascal of them to death; I swear I did not say so. [Mr. Hunt here cautioned the witness, and repeated the question.] I did uot say I would make the troops fire, and put all present to death. 1 will not swear that I did not say this. I was sober in the coach. On my oath I did not say so to my knowledge. Mr. Chapman did not call me to account for saying so. I told Mr. Chapman I would not believe a re- former upon his oath, and I now repeat it. I would not believe any reformer on his oath. Some words about firing might fly out of my mouih, and my enemies might have mis- contrued it against me. I do not recollect seeing you at the Spread Eagle, Hanging-ditch. 1 was one of a party of King's men who once went into a private room in that house In which you were. The boroughreeve and constables were going their rounds, and I joined them, but I do not recollect the door being broke open ; I swear it. 50 Cross-examined by Mr. Johnson. I never took money from my wife, and went off to Liver- pool with females of loose character. I never made any offer of myself to serve the othce of special constable. John Shawcross examined by Mr. Sergeant Cross. I am a clerk at the Police Office, Manchester. The printed placard, announcing the intended meeting of the 9th of August, was shewn to witness, who said such bills were posted up as early as the 23d of July, in the public streets at Manchester. He was also shewn the prohibitory placard issued by the Magistrates, which he said was placarded in a similar manner. The witness then corroborated the evidence of last witness, Murray, respecting the outrage committed upon him by the people assembled at White Moss. Cross-examined by Mr. Hunt. I know most of the Defendants, and accompanied Murray to Lancaster Castle, to see if I could identify the parties. Wh'te Moss was about a mile and a quarter across. The men there were in squads, as if under leaders. Heard no- thing said about " firing" — " marching"—" counter- march- ing;'" heard nothing said of that kind at all, except wheeling to the right and left. The people did not call upon him to fall in ; they never said any thing of that kind, nor did he ever give them any hopes that he would join them by and by. No such proposition was made to him. If any body said so, it \vu< not true. . In answer to questions from the Judge, he said the squads appeared, some of them awkward, and some perfect in drilling. To a question of Mr. Hunt. The people who went to White Moss did not go secretly, but set up a hooting every ten minutes ; they were very noisy on the way. John Ileywood examined by Mr. Littledale. I live near Manchester, and was there on Sunday morn- ing the 15th of August. While there a man came up to me and said " here, lads, is another spy;" they then beat me with sticks as fast as they could. He saw the same body of men marching from Middleton towards Manchester, with flags and a cap of liberty. — As they came along they said they would give me what they gave me short the day before, if I followed them. One of ihem said. " that's he that was at the Moss the da> before." I went, on the same day within four miies of Smedley-cottage, and saw Mr. Hunt addressing the people there. Cross-examined by Mr. Hunt. I saw one of the parties who heat me since — he is now convicted for it, and longed in Lancaster Castle. They did not use the sticks as arms, nor was there any command of " make ready, lire ;" nor did the\ r give me any hint to join them. 1 heard Mr. Hunt speak that day from Smedley Cottage, but wiial he said I don't know. 1 saw him throw up the sash, before he spoke from the window; I was stand- ing in an adjoining meadow. In answer to a question from Mr. Scarlett, he said he stood about 400 yards from the window. At six o'clock the Court rose, and adjourned the further hearing until the following morning. Mr. Hunt was loudly cheered as he passed home to his lodgings. SECOND DAY. The Court was crowded this morning soon after seven o'clock. The rush, when tiie doors were thrown open, was excessive, and a number of ladies again encountered the pressure of the crowd — they were, however, accommodated viih such pla. cs as could be spared near the Bench. At nine o'clock Mr. Hunt entered, accompanied by the other Defendants. He seemed in excellent spirits. Mr. TIarmer and Mr. Pearson assisted him as yesterday. Mr. Hunt was cheered by the people through whom he passed on his way to the Court.. Mr. Justice Bayloy took his seat on the Bench at hall-past nine o'clock. Many persons of rank in the county were also present. The first witness called was William Morris, examined by Mr. Serjeant Cross. 1 am a weaver, residing live miles from Manchester, near White-Moss. L know a place called Smedley; in the course of the month of August last L saw many groupes of people near Middlc'.on : Samuel Bamferd (one of the De- fendants) used io he anions: them. IV.rlv on the IGih of Au- ■XL gust, about nine or ten o'clock, I saw many hundreds of people put into regular form at Middleton, with two flags; 25 men were in each section. I know not who formed them into sections, nor how many there were, but there certainly was a large number collected that day in the town- ship — 2 or 3,000 at the least. They marched off four abreast, after being first drawn into the form of a square, in the inside of which was placed a chair, in which Samuel Bamford stood, and said, " Friends and neighbours, I have a few words to relate: you will march off this place quietly, not to insult any one, but rather take an insult ; I do not think there will be any disturbance or any to do ; if there is, it will be after we come back — there is no fear, for the day is our ewn." I did not hear him say any thine;; more, lie got off the chair, and spread laurel among ike men who were to command the sections ; they put it, some into their breast, and others in their hats. It was after this they marched off four abreast. Before they went away, a large number of people came, also arranged in form, from Rochdale, with a band of music before them, and bearing two flags, which had an inscription, but I do not recollect it. Both bodies, which were nearly of equal numbers, joined, and then went off together, each with a cap of liberty. The men had no- thing in their hands but bits of switches, or small sticks. Before that day I saw the Middleton people forming and arranging, both in the fields and high roads. Bamford was with them different times. On the 8th of August they talk- ed of a row at Manchester, but I cannot say that any of the Defendants were there. On the Kith Bamford was in the front of the people. I know John Whitworth, who was a private in the 6th regiment of foot ; he was drilling the men, but not on the lGth of August. John Elayward, who was a private in the 16th dragoons, was doing the same. Cross-examined by the defendant, Bamford. I am swearing the whole truth. I did not see who put the men in form on the morning of the 16th ; but I saw you address them from the chair, and heard you recommend them to be peaceable, and did understand you wished them to continue so the whole of the day. There were two flags, but I heard you say nothing of what they were to serve for. I was only a dozen yards from you, and I think I could very well hear what you said. I do not recollect your saying, that, when they got toManchester, every man was to remain around his own banner ; nor that they were to return home quietly and orderly after the business of the dav, and that if any •3:3 stragglers were on the ground, they were not to form with them, but to look out for their own banner. Many thou- sands went before and followed the Middleton and Rochdale people, who were not formed with them in the march ; they mixed up with them, as well as a good deal of women and children. I know your wife by sight, but it is not every where I see her that I recollect her. I did not observe her or your child in the crowd that day. The crowd appeared promiscuous. I know there were many people and stragglers at the right and left of you, but none in form, except those you led up. Barrowfield was the place where I first saw you with the men. I have seen many processions with music at Middleton, of the Orangemen, and Odd Fellows; they had flags ami inscriptions. 1 was at Middleton on the Procla- mation of his Majesty George the Fourth, and I saw then a procession of the Odd Fellows bearing a flag. Mr. Justice IjAyley. — I am unwilling to interrupt you, but how does this bear upon the point ? Mr. Bamford — 1 mean to shew that it is a common prac- tice in this part of the country to have these sort of pro- cessions. I know what marching is, for I learnt it when I was a soidier. You can tell what they were to do, as you were with them. Cross-examined by Mr. Hunt. It is twenty-five years since I was a non-commissioned ofticer in the 104th regiment; T remained so as long as I staid in tbe service. I was in the habit of a soldier for three years, but I never took an oath, and was there- fore not sworn to the oath of allegiance. I did not on that account feel myself bound to remain with the re- giment any longer than I thought proper^ When I had seen as much of the service as I liked, I wished them good morning. — {A Laugh.) — I considered myself to be with them, but not as a soldier, though I wore the clothing. When I thought I had been there long enough I made the best of my way home. I was never told that being a de- serter, and having violated my oath, I would not be a good witness in a court of justice. I entered the regiment as Avhat was called a mushroom Serjeant. — (Loud Laughter.) I had so much a man for enlisting on the recruiting service. I have been in Ireland, but never happened to see Orange clubs marching there, as at Middleton. I never saw the Orangemen with shilelahs to defend themselves, but I have eecn them with common stick?. r>4 Mr. Hint — You w< r< not alani . ;1 ;Iien ? Witness — No, I was not, nor was 1 alarmed at your s< (. — f Lung filer.) — I saw no depredations committed on the:r march, nor can I tell whether people were alarmed or not by them. I saw them insult nobody, 'i he !rgh rca.l from Middleton to Manchester is wiUiin halt' a mile, or there- abouts, of Smedlej' Cottage ; 1 had nothing to do w i .. -'med- ley Cottage ; it was the Learned Lonoset's ;.'•..'. Ci : l question that put it into m\ head, i will not swear that they did or did not play " Cod save the King."' (fie added) with warmth, on Mr. Hunt's pressing t tie question), 1 did not expect those loyal tunes would be played by taem ; 1 did not hear them play disloyal tunes ; nor the ,; Ilogue's March,'' which perhaps L thin!; is yours; nor the Desert- er's," which may be I'd have taken to myself. — (Laughter.) J saw none of them drunk on their wa, to Mauche er. I do not know any thing to the contrary of B.uufjrd's being a peaceable man. Some of the people had small sTicks. an Mr. Hunt — Were any oi them large enough to whip infamous cause out of Court '. The Judgk said, this was not the. time 1o make an obser- vation. . Jo! n Ea ion e r rt m i i :■ i d b n Jlr. T. i 1 1 h da h . I live at Middleton, and am a plumber and "lazier. On the morning of the 16'th of August I saw a great many people assembling, and Samuel Bamford anions them, ami in front. They had music and Haas (two) the inscriptions were "Li- berty, Strength, and l.'niiy," and something with a cap, on a pole. Bamford had a bunch of laurel in his hand, and many others had a little of : t in their hats. Some had also little walking sticks, and were proceeding towards Manches- ter by 1.'ie n< w road. Cross-examined by Mr. i> am ford — Cue fag was green and another bine. J saw nothing hut small sticks; thei'e were no poles <-■ i\-i)t such as I; d the Hags and cap of liberty. .1 don't know whether ! could toil \our wire, but there were many women and < hddren, three, and four, and five abi east, who appeared to partake of the conviviality of the proces- sion. TIii'm: wvvr principally in the Rochdale nivision. i do not think th -y were in the Middleton. 'j ho people did not seem sullen and su!k\ ; ihe\ had no anurv looks, but weremoie, as it w-ro, in joy. i have some lit tic property, and had lion on u\\ |,i mi.-es, 1 I i no on asion to l:<> home and shut m;> dom » v. h, r. ! : * tins pi irossum ; ii I -• ■ ■■;•■ !)od\ rl-o ! '''ii- :t '•■;!:.:;.■ i iniju, The procrs- ■ >■) *inn m'tli.' Oraiireme'V^r.d Odd Fellows (one of whom lam) often move in regular order. 1 am not a reformer, i know nothing about radical reform, except that it creates a great noise \ip and down the country, and perhaps it would he as well to \ny it aside. I could not suppose the reformers had any particular regard for me. ! said nothing about the le- gality of the .Manchester meeting, except that you ought to know best what you were going for. Cross-examined by Mr. Hunt. — i have often walked to our Orange processions, and understand them, but 1 do not un- derstand yours, and of course did not walk with it. Our (lag is cal ed the Union, but it has no inscription. J don't know Mr. Fletcher, the Magistrate, but that he is in our ledge. Joseph Travis examined hy Mr. Serjeant Cross. J live at Oldham, and am a grocer; I remember on the IHrh of August, parties of men passing through at nine o'clock, on tiieir way to Manchester. They inarched past. ! saw '• Sadoleworth" on c.e of their dags. Alter they were pa-seci, ! was sent on alter them by the magistrates, to rount the number that passed. ! here were five divisions, Roylon, (J: iiipion, Chatterion, Sad llewortli, and Oldham. Flags with their names at the head or' each. Each division was formed into marching sections; they were irregularly formed, some being two, some four, and others, eight or up to twelve a breast. There were about two paces between each of the sections, and a man or commander marched on the left flank oi'each ; they had bugles and flags, and marched like H) !diers to Bent-green. I counted 804 marching in ranks, but there were many hundreds of stragglers went besides, and some of them frequently went into the ranks ; occasionally they got into a little disorder, owing to the stragglers who fell in, and then the man at each section gave the words " halt, eyes left!" his command was obeyed, and rhev speedily formed and went on, when the word " march" was given. One leader I saw was Dr. Healy, of Lees; he led the Saddleworth and Lees divisions. I know the Doctor. Mere Mr. Hunt rose to express his apprehension that Mr. Milne, of Manchester, who assists the .Solicitor of the Treasury for the prosecution, was communicating with some of the witnesses. He had, he said, repeatedly seen him go out of Court, and he was informed he had seen some ot (he ui'nrsscs. Of course it followed, that when witnesses were 5(> lobe kept apart, the only intention of so placing them was Jo exclude thetn from any communication with the previous business of the Court. it was but just this moment that he saw Mr. Milne hand out ;t letter; he hoped the Court would send after it, and ascertain the purport of the communica- tion. Mr. Justice Baylry immediately asked Mr. Milne to whom this letter was addressed. The latter answered, "To G. F. Merry." The Under- Sheriff followed the messen- ger, and in a minute or two returned with the letter, which the Judge opened, and after perusing it, informed Mi*. Hunt, that it contained nothing respecting the pending business of this trial. Mr. Scarlett, on behalf of Mr. Milne, felt it right, to say, that the letter was in reply to an application from Mr. Merry, for a copy of his depositions. Mr. Justice Bayley repealed that there was no impro- priety in the matter. Mr. Hunt said that the appearance at first looked sus- picious. Examination of witness resumed. — The crowd kept in- creasing while I remained in sight, and marched as 1 have already said, in regular order, as soldiers do. Cross-examined hy Mr. Hunt, I was employed by the Magistrates to do this as a special constable, or else 1 should not have gone. While ! Mas with the Magistrates, 1 left my father who was seventy one years, to take care of my shop; I was not alarmed when the men passed ; I saw no reason to fear , 1 have been a soldier myself; I do not recollect what was on the flags ; I went with Mr. Chippendale, a Gentleman at Oldham, to count the people ; he wrote down as I counted; Ave have talked over the matter together; I do not know that lie is here; 1 believe that he is not; I was forced to come on; [ saw no drunkenness, no rioting, no threats, no ill usage. I do not know whether Mr. Chippendale was a special con- stable ; he is not an attorney ; 1 was not at all alarmed ; nor did I see any reason why I should, as tiiese people passed with the black (lag, though the look of it I did not. like ; I did not stop the flag, which had upon it *« Saddleworth, Lees, and Mosley Union," and something like two hands grasped, and the word " Love," also. 1 did not sec what the Learned Counsel called the bloody (laager upon it; 1 did not sec such a thing upon any of the Hags ; I do not :>1 know tho particular reason win Mr. Clripj.cn laleis not here to-day, though he was subpoenaed, and though his signature, as well as mine, was to the deposition which went into the Solicitor for the Prosecution. 1 have not heard he was let off by the other side. I saw no caps of liberty among the people, but I have seen the stone cap at the top of this cas- tle; a stone cap is not a cap of liberty, it is only the figure th of August, which lie described nearly as the last witness had done, lie saw a party of three, and one of those three persons, looking earnestly at witness, said to him, " You will not sleep in that house to night." Wilness went to Manchester in the afternoon. Cross examined by Mr. Hunt. Knew Mr. Nadin ; did not know all the Police runners; could not swear that they were not connected with the police at Manchester, hut he did not heheve them to be [.er- sons of thai d< .-crip-em. Roger J'lntwi.-i!.' being calh-d, it was answered that he was out of th- way. Mr. Hunt mi:;:v.1' ' flint he should he mile '. :>s " Clerk of the liacv (.'•>insn, :- he w s holier ki'mwu h\ that title than le the ii .me ei' ife-( V ,;v, i- .. James Duncoft, examined by Mr. Littledale. I am a cottou-spiimcr, and reside at Hollingwood, within five miles of Manchester. I was going to that town on the morning of the 16th of August, and saw on the road a body of at least 2,500 men. They were going in the direction of Manchester. One man said to me, " Well, captain, how do you do ?" 1 had been a captain in the local militia. I heard some of them say, as they passed Hollingwood, " We are going to West Horton." I formerly had a mill there, which was burned down in the year 1812, at the time of the Luddites. It was purposely set on fire. A mill was after- wards built on the spot. Cross examined by Mr. Hunt. I was at Manchester on the 16th of August ; I was not acting as a constable. 1 saw you on the hustings, and also before Mr. Buxton's house. I took no part in the transac- tions of the day. I left the ground before the cavalry came up, for I thought it was unsafe to remain there without a protection. I saw you before Buxton's house after the meeting was dispersed. 1 left the field before the cavalry came, and I returned again through curiosity. Both vi- sits were made through curiosity. I certainly thought it safer to be on the ground after the cavalry arrived than be- fore. I am not a medical man, and did not assist in dres- sing the wounds of any of the individuals who were injured on that day; I did not see any person wounded. I sent a cart-load of goods to Manchester on that morning; I cannot speak as to what particular goods they were : our cart al- ways goes out early in the morning, at 7 or 8 o'clock ; and when 1 sent the goods to Manchester, I believed they would reach the town before the meeting began; on that account. I was not afraid of sending them on that day; but, if they were not likely to reach Manchester before one o'clock, I certainly should have been afraid to transmit them. I have a warehouse there; and, though I might be afraid to send the goods to Manchester at a late hour, 1 should feel no apprehension when they were once safely arrived there, as they would be locked up in a secure warehouse. I returned from Manchester the same evening ; and on the road had a a short conversation with an officer of the 6th Dragoon Guards, respecting the transactions of the day. I told the officer I. could give him but a very imperfect account of tin; meeting, as I left the ground before the cavalry arrived, and did not return till after the crowd was dispersed. I did not u>;k him, or am other officer, whether he had been at n m Manchester that day ? Of course I could not say, " that in consequence of his absence he had lost all the fun." 1 never made use of such an expression, I did not go to Manches- ter exactly through curiosity ; my business lies in Man- chester, though 1 live in the country, and it is my duty to attend my warehouse ; but 1 had no motive whatever, ex- cept curiosity, in going from the warehouse to the meeting. I knew it would be dispersed, in consequence of notices is- sued by the boroughreeve and constables ; the notices did not stale specifically that the meeting would be suppressed ; but from the language and tenor of the publication,! thought it v as \<>r\ likely that it would be put down. I have no copy of the placard; but the substance of it was, a recom- mendation to the people to keep their families and servants at home. I do not think the notice wos signed by any ma- gistrate ; it was the recommendation of the boroughreeve and constables). 1 went, notwithstanding that recommenda- tion to the meeting; of course I went at my own risk ; I should have run considerable ri-k if I had remained. When I left St. Peter's-field, the first time, it was crowded with people ; when I returned, it was in the possession of the sol- diery ; at that time, they were takmg you out of Mr. Bux- ton's house, 1 had a factory at West Horton burnt down some years ago ; it was, I believe, the only one, entirely burned; four persons were convicted, and hanged for the offence ; I do not know that one of them was a boy, though I have heard it stated. I was then at Gibraltar. I under- stood it was burned down by the Luddites, who entered it in the open day. 1 never heard that the crime was per- petrated by the black-faced spies of Bolton, and, if I had, I would not have believed it. The prosecution was com- menced before I left Gibraltar. I believe my name was inserted in the indictment as one of the prosecutors. Did not hear of any factories being burned within the last two or three years — since the period when great meetings began to be held for parliamentary reform. By Mr. Scarlett. There were from u'0,000 to 100,000 persons on the ground. They were, with the exception of those who came through curiosity, persons belonging to the labouring classes. The whole ground, about six or eight statute acres, was covered with people. Those wdio were mere lookers- on stood at a distance. At that time, many persons, especially weavers, were out of employment, f stayed until Mr. FFunt reached the field : and T left just as he b^cran his '. word " postponed" in giving my evi- dence at Oldham. On my oath, it is not my knowledge of the law respectin;: ndj<»i!nv! pnb'ir- meetings, which induces (i.'i lue to use that word now. Though I was alarmed, 1 wished to hear what you had to say, and therefore I went to Peter's field. I saw the yeomanry cavalry advance at a sharp trot from Mr. Buxton's house. I went to the meeting by myself, and returned with you to the New Bailey. I went with the military, and I did not think it safe to go alone amongst the mob who were in the streets. When I went to the meeting, I thought it perfectly safe to go by myself. I saw two or three wounded persons — a woman in particular; slit; was carried into Mr. Buxton's house. Seeing such a con- course of people, with the flags, particularly a black one, which more resembled a pall than any thing else, and bearing an inscription, " Equal Representation or Death," I felt much alarmed. I felt all this fear before the yeomanry arrived, as 1 did not know what would be the result when the meeting broke up. I do not remember the particulars of my evidence at Oldham. I stated at Oldham, that I saw danger the moment 1 saw the parties coming from Stockport. I might have said at Oldham, that I saw no danger until the cavalry approached, but I then feared some danger might ensue. My reason for stating that, was, that there had been no previous acts of violence, but when they arrived within ten yards of the hustings, they were assailed with sticks, stones, and brickbats. My fear was, of what would be the result of the meeting when it broke np. I did not hear a report that the meeting was to be dispersed by the military. I heard that there was a warrant issued against you, and that you were to be arrested. I was not in London since last May. 1 should call a man one of the lower orders, who was impri- soned for debt or misconduct. I never was so imprisoned. The assignees of a bankrupt and myself have been served with a petition in Chancery, and the case is now pending. Mr. Partington, of London, is the attorney against us. I was never in the Fleet Prison in my life. Mr. Hunt — Then I apologise for asking these questions. I assure you, 1 have no wish to offend you. I received in- formation from a person in Court, which induced me to question you in this manner. The examination was resumed — I stated at Oldham, that I was near the constables on the lGth nearly ail the time. 1 knew the Yeomanry Cavalry were to be brought up. They, as well as the special constables, were ordered out in the morning. 1 was walking up and down Peter 's-field from eleven until you were arrested. I was not insulted, but I saw several gentlemen who were. Some person s ^iitl , " nc, pnjntin;: ! " r >H", " i- ■) -i'v !'<-.'" pnini.ii!': '■■ mvthrr. " i~ a <>4 special constable." I was not called a spy. I am not » spy. 1 was not hurt. I did not wave my band to the ca- valry when they came in. The black banner was not like a flag ; it was not square ; it had letters upon it. I did not see two hands, and the words " Love" upon it. There was one flag with a bloody dagger painted upon it. It was painted red ; 1 was not near it, but it appeared to me like a dagger. I swear this. I have never seen that flag since. Examined by Mr. Barrow. I saw Mr. Moorhouse in a coach on that day. I con- ceived he was leading the Stockport party. When I first saw the coach, it was 200 yards from me ; it was near Port- land-place. I will swear that the coach did not stop at the White Bear, Piccadilly, ten minutes before the Stockport division came up. It came immediately before them. I. saw females in it, but I did not see them alight. I know Moorhouse ; he is proprietor of a stage coach which comes daily to Manchester. I do not think I ever saw him drive it himself. I believe the coach stops daily at the White Bear. The men who came after the coach, were called the Stockport division. T kne»v some of those who composed it to be Stockport men. I particularly recollected one who carried a flag. Re-examined by Mr. Scarlett, The black flag was extended by a stick being fastened to the top of it, so that it hung square. All the flags and caps of liberty were at onetime on the hustings. I cannot say it was while Mr. Hunt was there or not. I find that some person has published the Oldham evidence. I have read the book. 1 think if my evidence in that book was com- pared with what 1 now have said to-day, they would agree. Francis Phillips examined by Mr. Serjeant Hullock. Q. What are you Mr. Phillips? A. I am a merchant and manufacturer at Manchester. Q. Do you remember any thing particular of the lo'lh of August last I A. I remember the 10th of August: I was on horseback about 11 o'clock on tnat day, and rode towards Stockport. Mr. J. Birley was with me. Q. Did Mr. Birley and you meet anv persons going to the Manchester meeting? A. We met at [Tardwiek-green, about n mile and a half from Manchester, ,i large body of men coming towards llu- U\\\ u. Q Marching in the way soldiers do ? A. They were marching in every way like soldiers, ex- cept that they had no uniforms. They marched in files, and were three abreast. Q. Had they music and flags? A. They had no music, but carried two flags. There were persons marching at the sides who acted as officers, and kept the files distinct; the order was beautiful indeed.' Q. What do you suppose might be their number] A. The body amounted to about 1,400 or 1,500. Q. Were they armed ? A. They had no arms, but many of them had sticks. I noticed one with a large stick or club, which he shook at me. To other questions witness answered. — The officers gave the words " left" and " right," to keep the men in better order, lie returned to Manchester by a less public road. He went immediately to where the magistrates were assem- bled. Witness was a special constable on that day: he went to St. Peter's area, and in a short time after the same party arrived in nearly the same order which he had seen them marching before : he knew them by the banners, one of which had the inscription " no corn laws" on it. When they arrivi d at the area there were many parties assembled there, and others continued to arrive in different directions. One party was extremely numerous, infinitely more so than that from Stockport. St. Peter's area is about 150 yards square, but he could not say exactly. There was music there, but he did not attend particularly to it. There was a sort of raised place for a hustings or stage, around which the people were assembling. Mr. Hunt afterwards arrived, accompanied by an immense multitude. There was a great noise and shouting on his arrival; witness never heard such a noise, and never saw so large an assemblage in his life be- fore. The impression produced on his mind by the meeting was that of very great alarm. The meeting was of a nature calculated to excite considerable alarm in the minds of the inhabitants of Manchester. He did not see any of the de- fendants but Hunt. Hunt began to address the people ap- parently with energy, but witness could not hear a word of what he said. Not one half of those present could hear him. Only a small portion of the witnesses could. Saw Mr. Nadin with a party of the police, but did net see Mr. Hunt taken. Most of the shops in the town were closed on that day. Witness gave directions to his porter to keep his doors tKJ fast shut if the crowd should advance, and he did so because he considered the town in imminent danger. He dis- mantled some fire-arms, lest the crowd should come to take them. Cross-examined by Mr. Hunt. Q. What did you say you were, Mr. Phillips ? A. 1 am a merchant and manufacturer. Q. You are something of an author too, I believe, occa- sionally ? A. I have written and published an account of this trans- action. [Mr. Hunt handed witness a pamphlet, asking, if he knew it as an old friend]. This is the first edition. Q. Not quite so correct 1 fear as it should be ? A. I afterwards published a second, tnore correct. Q. Did you sell many copies I A. 1 published 1000 of each edition, the greater part of which 1 sold. I also gave a great many away. Mr. Hunt. — [ know it; you are like many other authors, who, if they did not give their works away, would find it difficult to get them off their hands. Q. You sent some to London, to members of Parliament ? A. I sent some to London, and several to members of Parliame t. Q. Did you not endeavour to publish your work before Parliament met ? A. The publication was intended to have been before the meeting of Parliament, but it did not t;;ke place until a few days after it. i wished to give facts to the public. Q. On your oath, Sir, did not Mr. Birley command the Manchester cavalry on that day ? A. On my oath I do not know that Mr. Birley com- manded them on that day. lie was at the head of the corps, but 1 do not know whether he or Major Tr afford command- ed them. Q. What did you see done which you considered insult- ing i A. 1 consider the shaking of the stick at me asan insult. [Here Mr. Hunt read an extract from Mr. Phillip's pam- phlet, in which it was stated that no direct offence was given before the yeomanry appeared.] Examination resumed — I heard many taunting expres- sions used on the field to every man who wore a good coat, and went amongst the crowd. 1 went a private road on m\ return from Stockport, as 1 could not go with equal speed on 67 the high road without danger to the crowd which had passed. 1 considered that the Stockport men inarched very well indeed. 1 do not admit that either of my editions of the hook giving an account of the Manchester business states a falsehood. 1 considered the town of Manchester and the Magistrates to be in great danger. I ordered my porter to close the gates if any thing occurred ; not for the purpose of keeping the workmen in. I gave my men orders to keep their wives and children at home that day. They acted with great propriety as far as I saw. I only saw the first advance of the yeomanry, and after the regular troops came upon the the fiehi, I saw the Cheshire Yeomanry come upon the held in a hand canter, hut I do not know whether they acted or not. I saw some infantry near Peter's field, and I also saw two pieces of artillery brought up after the crowd was dispersed. 1 saw \ery little of the battle ; the dust and the number of constables prevented me from seeing what took place. I saw no blood spilt. Mr. Justice Bayley observed that questions of this kind ought not to be put; that blood had been spilt he believed, and he was sorry for it. The question was not how the mi- litary had acted, but whether the meeting was a legal one, and if so, whether it was conducted in that peaceable and orderly manner that would preclude any alarm from being infused into the public mind. To this point Mr. Hunt had a right to examine the witness. Mr. Hunt. — "I do not think I can better prove that the meeting was quiet and peaceable than by shewing that the people, so far from holding up a finger in resisting a wanton and violent attack upon them, every man tied from the fury of the military. I bow, however, to your Lordship's decision.'' Examination resumed. — The people were peaceab'e on that part of the field where I stood. I should have thought it excessively imprudent in the Magistrates to have sent the constables into such a large assembly, closely wedged toge- ther as that was. I never went near the hustings. I have not admitted that the soldiers charged the people. Mr. Humt was proceeding to inquire into the conduct of the yeomanry, when Mr. Justice Bayley interrupted him. It was a point which he meant to leave to the Jury, whether a body assem- bling in such numbers as to excite terror in the public mind was not illegal. A meeting might be illegal though its pur- pose was legal, by using illegal means to attain it : or a meeting might become illegal from the manner of it, us it part 3. - Price Sixpence.] I 08 might from its numbers create an alarm in the public mind. This was his opinion, so he should state it to the Jury. Mr. Hunt said, without impugning his Lordship's view of the question, he hoped he should be allowed to shew that the fears entertained were excited by erroneous notions. When an experiment was made to try the temper of a meeting by sending a few straggling drunken soldiers among them, as if to seduce them to try their power, he hoped he would be allowed to shew that the people, so far from offering any resistance, fled for their lives ; indeed several of them lost their lives without even attempting resistance. Mr. Justice Barley said, Mr. Hunt was at liberty to ask any questions tending to shew what the conduct of the meet- ing had been. The people were very closely locked near the hustings. I saw them from the steps of the Magistrates' house. Those near the hustings had their hats off. They were as close to each other as they could stand. I did not see them arm in arm. I did not hear one word of what you said on the hustings. When you were upon the hustings I was about 75 yards from you. It was natural that those who wished to hear )ou should crowd round the hustings, but not in the manner they did. (In answer to the Judge)— The wish to hear alone would by no means make them crowd as they did. (In answer to Mr. Hunt.) — It appeared to me that they were disciplined troops who came to protect you, or fight for you, as they might be called upon, or as occasion offered. I never have seen disciplined troops surround a man in such a way in order to fight for him. The crowd appeared to be ready to fight for you, as you gave them the command. Those persons would have kept the constables from you. The line of constables did not extend to the hustings. I tried to get to the hustings, but failed. I do not think the line of constables extended to the hustings at any time of the day. I saw the Manchester Yeomanry Cavalry when they were formed. I did not see them ride down any persons in coming into the field. They behaved with the greatest propriety, as far as I can judge. I am convinced they were sober. I spoke to some, and they evinced not the slightest inebriety. I saw Nadin, but I do not recollect having any communication with him. I did not see him make any attempt to reach (he hustings without the aid of the Yeomanry. It would have been madness to attempt it. Rev. Dr. Smith resided in Manchester ; is head master of the grammar school ; was near the Star on the 16th : saw a large body of men in Dean's-gate, it was that party that con- 69 ducted Mr. Hunt to the ground ; saw him in an open carri- age ; was in the house next the Star Inn ; the coach stopped; and the party stopped also, shouted, hissed, and groaned, opposite the Star Inn ; did not know whether the Magis- trates were then there or not. Saw or heard no signal, but it seemed to he done by consent. Mr. Hunt, he thought, was sitting. There was music and banners ; could not say accurately what the numbers were ; it was not practicable to get along the street ; he acted upon that judgment, for he did not go home that moment as he intended. The crowd next stopped at the shambles nearer the ground ; they marched at first irregularly, but near the carriage, both be- fore and after it, th«re was great regularity; the men marched in rows in a practised step. When they arrived in King-street, the s--»me thing occurred as opposite the Star, but being further off, witness did not see it so distinctly ; heard shouting, hissing, and a clapping of hands ; a white handkerchief was displayed from some window ; the Police- office is in Back King-street. The mode in which they pro- ceeded was most certainly calculated to inspire alarm; many of them seeming to be countrymen. The body itself was considerable, and connecting it with what he heard to be in St. Peter's-field, he became very anxious. Most of the shop windows were closed, but the doors, as far as he recollected, were opened. Witness shut his own windows, aud locked both his front doors. The crowd round Mr. Hunt had not at all the air of a deliberative body. Cross-examined by Mr. Hunt. Witness is master of th° Greek Grammar-School of Man- chester; had a great number of boys; dismissed them on that day after breakfast : the number of day scholars and boarders was 110 ; 15 being boarders ; they were sent home immediately after breakfast ; did not think it prudent to keep them in school, thought it better to send them home, to be under the care of their respective parents. The usual hour of breaking up was half past twelve, and witness thought it safer to let them home at ten than at half past twelve. This alarm rose principally from what might occur in the course of the afternoon. iNo insult was offered to witness as he passed through Dean's-gate. Did not recollect to hear that any of his boys were hurt on that day. Recollected when George IV. was proclaimed the other day in Manchester, did not see any windows closed upon that occasion. Examined by Mr. Scarlett. When he dismissed the boys at ten, it proceeded from an apprehension that some disturbance might arise ; had he kept them till 12 he would have i'elt much perplexed how to act. lie did cot know where the parents of all lived. John Barlow examined by Mr. Serjeant llullock. I keep the Coach and Horses, in Dean's-gate, about GO yards from the Police-office. 1 remember the lGth August. .[ was at home from ten o'clock in the morning until evening. 1 saw a number of people marching in bodies, m the samo manner that soldiers do when drilling. I saw a carriage in the crowd, in which there were four persons. There was a woman in front, with a ilag. When they got near the Police- office they stopped the carriage for a few minutes. A num- ber of them turned their faces towards the Police, and gave three cheers. The persons in the carriage looked towards the police. There were several banners, upon one of which was " Etpial Representation or Death." The cheers were very loud. I closed the shutters for fear of having the win- dows broken, and burned candles. Two of my neighbours closed their windows also. 1 remained at home, as I felt alarmed lest there should be some mischief. Cross-examined by Mr. Hunt. I have lived thirty years in Manchester; I remember the Proclamation of the Peace ; there were great crowds, but not so large as this. There was much cheering and shout- ing : it was near my house, and also near the Police Office. No offence was offered to me. 1 felt great alarm during the whole of the 10th. I saw the Proclamation of George the fourth ; there was a great crowd ; they marched very well, but I think they had not had so much drilling as the meet- ing on the lGth. The latter had sticks, and several shoul- dered them as soldiers do muskets. I may have mentioned this to s«me of my servants, but there are none of them lure at present. 1 do not know whether the crowd who assembled on the Proclamation of the Peace had banners; I know they had no such flags as those used on the IGlh. There never was half so many persons assembled at Man- chester races as I saw pas; my door en that day. T cannot tell whether ten thousand, twenty thousand, filly thousand, or one hundred and liitv thousand persons passed my door on that day. i do not know how manv persons I have seen a! Manchester races al mice, Thomas Sfyan examined by .I// - . Scarlett. T am a gun-smith, residing in Market street, Manchester. / saw numbers of peop'e pass my shop on the morning of the IGlli of August. They continued passing from eleven o'clock. I shut my .'hop for fear the windows should br broke, as I saw great crowds coming down the street. I kept my shop shut till two o'clock. Cross examined by Mr. Hunt. I know Richardson, the gun-smith. I do not know that he sharpens the swords for the cavalry. The crowd which caused me to shut my shop was going in a great hurry. There was no mischief done to my shop. The first time I shut my shop was about eleven o'c'ock. Soon after Some shutters were taken down. I know Mr. Molyueux, my next neighbour; he does not know when the shutters were put up better than 1 do. The first time I opened the door and part of my windows, was between two and three. I do not recollect I ever had occasion to shut my shop before. Edmond Simpson examined by Mr. Serjeant Hullock. I am a latter, and reside in Dean's-gate. I saw several bodies of people pass on the l6lh August; they commenced passing about tec. o'clock, and ended at one. They had music and colours. — When Mr. Hunt came up there was music wilh him ; he came up at a quarter past one. The people marched about nine or ten abreast, and some part of them went in regular step. J shut my shop before ten o'clock, and kept it shut all dav. I closed both doors and windows. I was afraid there v ould be a disturbance, and I was very much alarmed, and so were my family, at seeing ihem march in that manner. I have a wife and live children. I looked out of the up stairs window. Cross-examined by Mr. Hunt. I was very much alarmed on that day ; 1 was not afraid of the cavalry at all. I did not hear a report that the cavalry would attack the people. I did not open my shop that day. (In answer to the Judge) — Between 4,000 and 5,000 persons passed my house. Matthew Cooper examined by Mr. Scarlett. 1 am an accountant at Manchester. I went to the meeting ot the ]0th August, about twelve o'clock. I have some memorandums which I took on the, ground. I think that shout 100,000 persons were assembled ; 1 measured lite 72 ground, and made the best calculation I could as to the number who could stand on a square yard of ground. The meeting seemed principally composed of the labouring clas- ses. The people stood so close that Tcould not get so near to the hustings as I wished. I saw the flags. 1 have an account of some of the inscriptions which were upon them. One was " No Boi'oughmongers ;" reverse, " Unite and be free;'' another, " Equal Representation or Death;" a third, " Tax- ation without equal Representation, is tyrannical and un- just." There were several others. I was on the field when Mr. Hunt and his party approached. Several who followed the procession had white paper or rags in their hats. I heard some of them say to the others " Lads, take care of your white rags." Before Mr. Hunt's arrival, I saw several on the hustings. Johnson was with Hunt. I saw Mr. Saxton and Mr. Knight on the hustings. I saw others Avho'se names I do not know [here witness pointed out Swift and Jones, as two who were on the hustings]. Mr. Hunt on taking the chair made a speech. I heard the whole of it. I took notes of it on the ground, and they are now in their original state. It is thus [here witness read his notes] : — " Gentlemen, I must entreat that you will be peacable and quiet, and that every person who wishes to hear must keep order ; and ail I ask for is, that during the proceedings you will be quiet. We will endeavour to make ourselves heard, but it is impossible for us to be heard by the whole. We wish our fellow-countrymen who do hear us will com- municate to those who do not. It is useless to observe upon the intended meeting of last week, only to observe that those who by their malignant exertions, in taking advantage of a few illegal words, expeeted they had triumphed, instead of which it has produced two-fold numbers (there were cheers), and now we have triumphed. He went on to state that two or three placards, signed by two or three obscure individuals."] While he was saying this, some companies of foot soldi- ers appeared in Dickinson-street, and formed. Mr. Hunt then spoke on, but I did not take notes any further; 1 shall give the substance from memory. Witness went on to state as follows : — " He said never mind, they are only a few soldiers, and very few compared with us; we are a host against them." — In my judgment the meeting was such as to inspire very great fear in the inhabi- tants of the town of Manchester. My apprehension did not arise from what I then saw, but from previous circumstances, and from information communicated to me. Cross-examined by Mr, Barrow. I know the appearance of Jones ; I never heard that lie was a carpenter employed to build the hustings. Cross-examined by Mr. Hunt. Q, How do you do, Mr. Cooper? I hope you are well ; I have had the pleasure of seeing you before. — Mr. Hunt then went on to examine him. — What is your occupation? A. 1 am an accountant. Q. No other occupation? A. I have no other occupation but those of an accountant and law-stationer. Q. Recollect yourself? A. I am Secretary to a Committee, but that arises out of my other occupations. I was Secretary to a Committee composed of S00 Gentlemen, in aid of the Civil Power. Q. Are you not employed by the Police? A. I am not in the employ of the Police. Q. Have you any connexion with the Ministerial News- papers ? A. I occasionally communicate with the Courier and Morning Post London Papers. Q. Did you not send an account of the meeting in ques- tion to one of those Papers? A. I sent up an account of the Manchester Meeting to the Courier. Q. Did the Courier peop'e publish it? A. I think my report did not appear. I believe they se- lected from the other papers. Q. Have you always been in the line of business you are now? A. I have been in the service of a professor of the law for nine years. Q. Do you not expect to be employed in the Excise de- partment? A. I have been under instructions for the Excise. Q. Were you not at one time clerk to a brewer at Bol- ton I A. I was, earlier in life, a clerk to a brewer; to Dawes and Fogg, of Bolton, perhaps twelve months. 74 Q. What was your father ? A. My father was in the Excise ; he was supervisor oflhe district in which the brewery is situated. Q. How came you to leave Messrs. Dawes and Fogg ? (Witness at riist declined answering; at length he stated as follows:) A. 1 applied to my own use money belonging to the firm, and Messrs. Dawes dismissed me in consequence. Tliat money I have repaid to Mr. Dawes, with compound interest, up to the time of payment; 1 took the money out of the til, and was detected. I know John Roscoe; lie was servant t> Messrs. Dawes. 1 have repaid >n all, with interest, 2>1. It is some months ago, since I paid this money; it was the first money I could command. The reason of my not paying it sooner, was, that my father's death left three younger bro- thers to be supported by me: it was to Mr. Fogg 1 paid the. money. Q JTow long i-< it since you returned this money? A. It was paid three muni lis ago. I did not take so much as 25!. from my master's till; but it being le r t to my discretion, I thought I ought to do my utmost to repair the injury. Q. flow long have you been in business? A. I have been three years in business. Q. Did you tell the Counsel for the prosecution this story ? A. I never told Mr. Scarlett, Mr. Mauie, or Milne, this story. I did not know you knew it. Q. Was the monev you took marked ? A. The money which 1 took was stamped ; if I had known that you were acquainted with it, I should have had Mr. Dawes here, as he would willingly come forward for me. - Q. Do jou not think that you have been favoured through your father being supervisor of the district? A. I Ao not know that my father being a supervisor of the district, and having great power over my master, wa» the reason why I was not prosecuted. Q. What are you to receive for your services on this oc- casion? A. I have not been paid by the magistrates or Police, ex- cept for being Secretary to the Committee in aid of the Civil Power. The accounts of the Committee were pass: d at the parish table. Q. Don't vou know this money was paid out of the parish rates? Mr. J list ice Bayley said this was not a relevant question. To other questions witness auswered: — I was within a dozen or fifteen yards of the hustings on the day of the meeting; I stood between the hustings and the house where the Magistrates were; I saw no disturbance. I went pur- posely to take notes of what you or any one else should saw The reason why ihe observations respecting the soldiers were not written down was, that all attention beinir directed to them when they appeared, I ceased to use my pencil ; the cavalry were coming up at the time. I took down the heads of your discourse at the time, and the remainder I filled up from memory. All I have read is not down in my notes. Mr. Justice Bayley. — Let me look at these notes. — (The notes were handed in.) I think there are the materials of such a speech. Cross-examination continued. — I have a good memory. I wrote out my notes, and handed them over to Mr. Norris, the magistrate. I have not seen them since. I did not hear you say, " Put them down, and keep them down.'' I turned when the cavalry came, and you might then have said it without my hearing you; it was not said before the cavalry appeared. None but the Editor of the Courier employed me to take notes of what passed — (witness repeated the in- scriptions on the flags.) — There was no bloody dagger on the black flag; the inscription on tlie black flag attracted my attention particularly; I had not time or I would have taken all the inscriptions. The black flag wa attached to a pole as the other flags were ; I saw no difference between ihem. I saw a barbed point to one of the flag-poles, it was painted red ; the top of the pole was not a fleur-de lis. I did not see two hands and the word " Love" upon the black flag. The Court adjourned at seven o'clock. THIRD DAT. This morning the same anxiety was manifested to obtain admission which marked the struggle of those who were anxious to be spectators on the preceding days. The ladies seemed still as curious as ever, and the obvious eagerness of their anxiety again induced them to enter the court through privileged avenues as early as seven o'clock in the morning. h 7(1 Each aide of the Judges' seat on the Bench, was, as usual, graced by the presence of rank and beauty, and Mr. Justice Bayley displayed to them that courteous affability for which he is so eminently distinguished. At eight o'clock the pub- lic gates were thrown open, and the galleries and area be- came filled in the usual manner by a mixed throng, M'ho rushed into every seat and corner of the Court, that were not defended by constables for the Magistrates. Attorneys and Jurors. At nine o'clock Mr. Hunt and the other defendants, with the Solicitors, entered the court, and occupied their usual places. A few minutes previous, Mr. Justice Bayley entered the Court, aud addressed Mr. Barrow, one of the Counsel for some of the defendants, in the following terms: — Upon a question which arose yesterday, I stated that we could not here enter into a consideration of the conduct of the yeo- manry cavalry on the lGth August. Whether that be pro- per or improper we are not now trying. But when I say this, I beg the defendants particularly to understand, that it is open to them to shew the conduct of every part of the people collected at the meeting on that day, with a view to establish their peaceable character, or the tendency of their acts ; also with the view of shewing that there was no desire manifested by them to resist the civil authorities. Into all this they may fully enter, but not into the propriety or im- propriety of the conduct of the yeomanry. I mention this now, to have what I said yesterday explicitly understood, if it was not so at the time ; and also for the purpose of allowing you, if you please, to call back any witness you may desire to put questions to, relative to the character of the meeting, but whom you may not, perhaps, have exa- mined on that subject, through any misapprehension of what fell from me yesterday. Mr. Barrow said, the defendants would avail them- selves, if necessary, of his Lordship's kind permission. Mr. Hunt, who had entered the moment after his Lord- ship made this communication, was apprised of it by the Judge's considerate repetition of what he had just said. Mr. Hunt then said — My Lord, I was quite aware of your Lord- ship's meaning yesterday. I know we are not here to try the conduct of the yeomanry cavalry on the lGth August, but whether the defendants arc guilty of a conspiracy to form and attend an illegal meeting, and to inquire whether any il- legal act had been committed by that people when assembled. I wish to shew the animus of that meeting, more particularly as the opposite side Lave travelled out of the record, and at tempted to shew that we were concerned in instigating some individuals to inspire terror into the minds of peaceable peo- ple, and have produced witnesses to identify us, as it were, with those who wanted to take a man's good coat off his back — who wanted to make Manchester another Mosco w; — and, 3dly , who wish to represent that I pointed to the soldiers, and then said to the people, " There are our enemies ; get them down, and keep them down." If I can shew that instead of these statements being true as regarded the people assembled, they evinced a conduct exactly the reverse of that ascribed to them, and that their whole demeanour was orderly and pa- cific, then I imagine there will be an end to the indictment. Mr. Justice Bayley— I neither meant yesterday, nor do I mean now to exclude any evidence the defendants may have to offer respecting the conduct of the people assembled on the particular day, Mr. Hunt — I had hoped we should have been spared the trouble of calling any evidence to shew the character of the meeting, so little has been said to impeach it ; but as the other side has travelled farther, we shall be obliged to trou- ble the Court with our witnesses. Mr. Justice Bayley — If you wish to put any question to the witnesses of yesterday touching the demeanour of the meeting, I shall call them back to answer you. Mr. Hunt — If I shall find it necessary in the course of the day, I'll take the liberty of troubling your Lordship. The trial was then resumed. J. MILLS sworn, Examined by Mr. Sergeant Hullock. Is a publican, living at Manchester. Was on St. Peter's- field oh the \Qth of August. Saw a large party arrive there. They were marching in files to the number of 3,000 or 4,000. The defendant Healy led them up like a military party. There was a trumpeter with them. Healy took the black flag from a man in his party, and got with it into a cart, around which the people closed, and he addressed them, and desired them to be steady and firm to their cause, for their enemies were at hand. The people cheered him. There was a trumpeter near him and a cap of liberty. He also saw Wylde (another of the defendants) on that day, leading up a party. (Wylde was not in Court at this moment, but the witness gave an accurate description of his person.) He saw Wylde that morning coming to the field wiih a party of about 2,000. They were the first that formed round the hustings They had marched in regular files, six abreast, 78 m military order. When they came to the hustings, Wjlde halted them, and said, " link your arms," which was done quite round the cart. Afterwards, he said, "Fallback, and keep as you are," meaning, as witness understood, to keep their arms linked. They fell back upon the constables, and gave greater room round the cart. They were so linked five deep. About one o'clock Mr. Hunt came in a carnage, with Moorehouse and Johnson, and got upon the hustings. Saxton had been there for more than half an hour before this. He spoke several times to the crowd, but witness could not hear what he said. The crowd cheered him. At the time Mr. Hunt arrived, there were more than 00,000 persons present. The meeting was of a nature, in his judgment, calculated to inspire terror and alarm into the minds of the people of Manchester. He was at several meetings before, and saw them coming to them, but they never came in such a way as they did. Never saw so large a meeting before. Those who attended former meet- ings came to town two or three together at their own leisure, but at the present they came quite in a military array. Cross-examined by Mr. Hunt. Q. How long have jou been a publican? A. I have been a publican since last October twelve months. Q. What were you before? A. One of Nadin's runners as they are called. Q. You look very well ? A. 1 am jolly and well (witness was a fat jovial looking man), and would be glad to see you look so well, Mr. Hunt. Q. What were you doing at the meeting? A. I was, like many others, a special constable on that day. Q. Are you sure you saw Dr. Healy heading a party ? A. 1 am quite sure Dr. Healy came up, heading his party, which formed round the hustings with a trumpeter. He here repeated his direct evidence, and said that Healy might have recommended the people to be peaceable, 1 hough I did not hear him. Q. You should call them squadrons, not parties? A. I call them parties not squadrons; the latter are dra- goons, Mr. Hunt. Q. Have you not bad conversation with some of the wit- nesses who have been examined ? A. I have conversed with none of the witnesses since this trial, about what has transpired in Court, 79 Q. Where you insulted at the meeting ? A. None of the men insulted or assaulted me, nor did I see the them molest any body except shouting. Q. They had music you say ; what tunes did they p'ay ? A. When you came up they played See the conquering Hero comes — (Laugh.) Q. Do you think that amounted to an assault ? A, I did not think that an insult or an assault. Q. Did you hear God save the King and Rule Britannia playep? A. 1 don't think I heard God save the King or RultBri- tunnia played. Q. Will you swear they were not ? A. I won't swear they were not. Q. Where were Healy's party stationed ? A. Healey's men formed at the back of Mr. Wylde's. Q. Did they link their arms ? A. The former, I think, did not link aims, the others did, and by the forming and keeping room, pushed back the constables, who were then but about a dozen or fourteen yards from the busting*. Q. Is it not a common thing to be so linked at meetings ? A. I never saw such a thing done at a meeting before, and it alarmed me as well as many others. Q. You complained of it then of course ? A. We did not complain of being pushed back, nor ask them for a more direct communication with the hustings. Q. What did you hear Wilde say ? A. Wilde ordered them to be firm and steady ? Q. Did you observe any thing remarkable in his ap- pearance? A. He had a tradesman's apron on. Q. Had he said any thing treasonable or improper you would have heard it? A If he had said any thing treasonable or violent, I should have, as a special constable, noticed it. Q. Will you swear that he did not recommend peace and order? A. I will not swear that he did not recommend peace or order. Q. Did you see any constables assaulted? A. I saw no act of violence committed by any body in the crowd upon the constables. Q. How did we seem ; merry or displeased ? A. When you came they shouted, and you seemed all mcrrv together, 80 Q. Wheu did .Saxton arrive ? ' l A. Saxton was there half an hour before you. You said fhey must be quiet, if not, to pull them down and keep them quiet. I did not hear you tell the people to pull the soldiers down and keep them down. I heard you say nothing so foolish or wicked. Cross-examined by Mr. Barrow and Mr. Holt. Nothing material transpired, except that he did not see Moorhouse on the Hustings, though he did Saxton, before Mr. Hunt came. Saxton was a reporter to a newspaper, but he could not recollect whether he saw him with a pen and ink. Mr. Healy — Did you or did you not tell me, the week before, that if I attended that meeting you would take me into custody ? A. I did not. Q. Did you or did you not say to one of your customers, that when you saw me on the hustings you marked mc down for your bird ? A. I did not; but I was over near where I lived at that time, and was called where you were — this was on the 8th August, and he knew me very well, my Lord, as I once took him up to Lord Sidmouth's office. He asked me, "You have not another warrant for me, Mills?" — No, said [, I have not. Then, said he, sit dewn and take some- thing w ith us. We then talked over our travels together when we were in London. HENRY HO RTOX, sworn, examined by Mr. Scarlett. Q. Were you at Manchester on the lb'th August last ? A. I was at Manchester meeting on the 16th of August. Q. For w hat purpose did you attend ? A. I attended to take notes for a paper. Q. Did you observe what was going forward in different parts of the field ? A. 1 was at several parts of the field at different times. I saw several parties come into the field in regular order. Q. At what time did you arrive ? A. I was there about half- past eleven o'clock. Q. You saw the flags, what sort of flags were they ? A. I saw the flags and banners ; one of them was sur- mounted by something like a dagger painted red. Q. Did you see the constables ? A. Before Hunt came, there whs a line of constables 81 formed from the hustings to Mr. Buxton's house ; did not observe that the hustings were removed. Q. Did you see Jones ? A. Saw the defendant Jones. Q. What did he say ? A. He exhorted the meeting to be peaceable, and men- tioned something to the effeet that the committee had order- ed, on the Saturday preceding, to form round the hustings, at 6 yards' distance, and to lock themselves arm in arm, in order that they might not be broken in upon. I don't give these as the precise words : they were preparing the hustings :tt that time. There was no particular movement then, but afterwards the people locked arm in arm. Q. Did you see Wyldel A. 1 saw the defendant Wylde, and heard him address the people to the same effect. Mr. Swift, one of the defen- dants, also addressed the meeting, and received a better hearing than the other. Q. What did Swift say ? A. Swift also exhorted them to be peaceable until their Chairman came ; to be quiet, and not give their enemies an opportunity of exercising ihat power which he knew they were ready to do. " Let us prove," said he, " that we are not mad, as they say ; but if we are mad, it is the most pleasant insensibilility I ever experienced in my life." Q, Were you certain these were his words 1 A. I am certain these were the words he used. I took notes up to this time, but after this I was getting nearer the hustings, and I found it more prudent to put my notes and my pencil in my pocket, I was now near the hustings, which were surrounded by people, about eight or nine deep on one side, arid five or six on the other. The people locked arms. I entered into this arrangement that I might not be remarked ; and two persons were locked with me, one at each side. I was not the locker but the locked. It would have been impossible for any man to have forced his way to the hustings then. There was a body of six or seven deep between the constables and the hustings. Q. Did you see Mr. Hunt come? A. I was present when Mr. Hunt came. Q. Did you observe who was with him? A. Moorhouse was in the carriage with him, I believe. Q. How did they get to the hustings ? A. The people opened to make wav for him ; when he got on the hustings, the flags and banners uere brought nearer. n-i Q. Did Mr. Hunt speak, and what did he say ? A. Mr. Hunt addressed the meeting in front, and re- quested them to he quiet, and not to interrupt by calling " Silence,'' as that made mure noise than any thing else. This was in front, and 1 was at that time behind the hust- ings. Hunt turned round, and said something to the same effect at the other side ; he added, " if any one attempt to destroy our tranquillity, I hope some persons will be found with courage enough to put them down, quiet them, and keep them down." A man behind me said, " why, that's killing then:;" bat this was in a low tone, and could not be heard on the subject. Hunt then turned round to the front of the hustings, and addressed those before him. He began bv requesting that no persons would call " Sdence," as the callhg of that tirade more noise than anything else. He then congratulated them on their assembling, and thanked them for the honour they had done him in electing him chairma? 'of so large a meeting. He then said that it was unnecessary to allude to the meeting which was to have taken place on the Monday before; but the magistrates, in thinking that they had triumphed on that occasion, had been the means of doubling their numbers on the present ; he would not then allude to those placards which were signed by Jack Short and Tom Long, or some such insignificant in- dividual. Mr. Hunt was here interrupted by the appear- ance of cavalry, which had come near Buxton's house. This created some confusion near the hustings, and Mr. Hunt made some ob ervations, which were lost in the noise. Hunt then said, " Stand firm, my friends, they are in disorder already: let us give them three cheers." The cheers were accordingly given. The soldiers then came on, and took the men on the hustings. Q. What became of you then ? A. I was thrown back from the hustings by the pressure of the crowd; there was great confusion. Q. The meeting you saw was very numerous? A. The meeting was the largest 1 ever saw. I was not acquainted with Manchester, and had not seen such meetings there. Q. What do you suppose was the number of persons pre- sent ? A. I cannot exactly judge of the numbers present, but I think they were not less tha.» 0*0,000. Q. Of what description were the peap'e generally? A. They were in general the working classes. Q. Did vou consider it a dangerous meeting? r>3 A. The meeting, in my judgment, was calculated to ex- cite considerable terror and alarm in Manchester. C^oss examined by Mr. Barrow. Q. You area Reporter you say, and arrived on the ground at eleven o'clock ? A. I came down as a Reporter for a London Paper, arid was or. the field at eleven o'clock. Q. Did you observe Jones doing any thing? A. Jones was assisting in putting up the hustings. Q. Do you know that lie is a millwright'? A. I don't know that he is a millwright. Q. What did you hear him say ? A. He exhorted them to be peaceable. Q. Is it not customary to have some sort of barrier at pub- lic meetings ? A. He did not know whether it was usual to have some barrier at public meetings, to prevent the crowd frr ai press- ing on the hustings. Q. Did you not think it a judicious precaution 1 A. It was a necessary and safe measure, perhaps, or it mioht be so to form this barrier themselves by linking around, so as that a litlle space should he kept and all anxious to hear. z\nd this was accompanied by an exhorta- tion to be peaceable. Cross-examined by Mr. Holt. I heard Jones and Swift address from the hustings, but to ray recollection nobody el-e before Mr, Hunt came. I was within six yards of the hustings, and if any body else came up to speak from the hustings, 1 must, I think, have heard them. But still possibly it might have occurred, as there were preliminary matters to which I did not pay much at- tention. These whom I have mentioned spoke merely to the same effect repeatedly, and il is very likely that others may have done the same. I think I should have certainly noticed Saxton if he spoke and was cheered — i' must 'nave attracted my attention. I can't, however, conclude that he did not speak, fir the observations of the speakers were to the same effect, and as they were all strangers to me, I could not po- sitively say who d)d or did not. If Sexton did come forward and speak, I think I must almost of necessity have noticed him. I don't recollect Saxtoi on the hustings, but can't speak positively, as all the persons there at the lime were strangers to me. Si Cross-examined by Mr. Hunt. Q. What papers are those which yoa refer to ? A. Tiie papers I hold ia my hands are two of The New Tunes, conlaining my accounts of the transaction at Man- chester, which are the same as I have verbally given in Court. Q. You attended the meeting as a Reporter? A. I was sent down as Reporter to The New Times. Q. Are those reports printed exactly as you sent them. A. The accounts in those papers are not perhaps exactly the same as I sent — thai is, verbally so, for they were drawn up in a hurry, and may require verbal corrections. It is not usual to alter the tenor of my reports ; hut hasty verbal inaccuracies may be corrected. Q. What other occupation have you? A. I have no other occupation than that of a Reporter on The New Times, and an occasional correspondent for some country papers. Q. Do you not, occasionally, communicate with the Man- chester Police Office. A. While at Manchester, I was frequently at the Police- office to gain information of passing occurrences. Q. Are you acquainted with Mr. Nadin ? A. I know Mr. Nadin. Q. You exchange intelligence with the Police? A. I do not communicate any information to the Police- office, as well as I receive it from thence. I merely reported for the paper I have mentioned. Q. Have you never been employed by the Solicitor for the Treasury ? A. I was uever employed by the Solicitor to the Trea- sury. Q. Have you not seen Mr. Maule ? A. I never saw Mr. Maule until a month ago. Q. Have you ever been at Halifax? A. I never was at Halifax, except passing through on my way here. Q. What other papers did you send your account to ? A. 1 sent no communication of the Manchester business to any other London Paper than The New Times. Q. What appeared, then, in that paper, we may look upon as coming from yourself ? A. What appeared in that newspaper was from my pen. The communications which I sent were of occurrences un- der n? j eye 86 Q. It was all your V? A. I believe there was a letter sent to the paper from Manchester, but from whom I did not know. Q. Did you never say that it was a made-up report? A. I never told any one that my report was made up from what I heard from other London reporters. That was not the fact. Q. You were locked iu you say amongst the people ? A. I was locked in among the people. Q. You must, being so high bred a gentleman, have been curiously situated among the lower orders. Did yoa get auy thing unpleasant in the crowd ? A. I felt no inconvenience ; nobody threatened to take my good coat off my back ; I was certainly alarmed. Q. How came you to omit " the putting down and keep- ing down" in your account that you sent up 1 A. Because I wrote the report in a private room ; the moment I got out of the crowd, I, without reading it over, sent it by an express to town ; I afterward noted down more particulars on refreshing my recollection, and then I remembered ti at passage in your speech as well as another which I did not know I omitted until the paper reached Manchester. It is not my practice to omit material and transmit trivial points. I did not recollect the omission be- fore I saw any other paper. I never sent up to have it corrected, as Ihad other things of more consequence to attend to. Q. Did you understand when I said " keep them down" that somebody was to be put to death ? A. It certainly never struck me that by making that ob- servation, " keep them down, &c." you meant to put any- one to death. Q. Were the military in view when I said so? A. There were no military in view when you said, "keep them down, &c. ;" it was when you spoke to the people at the back of the hustings. Q. Were you near enough to see whether I pointed to any body 1 A. I was very near you at the time, and did not see you. point to any one. Q. Then those who have said, T pointed to the soldiers and said, there are your enemies, put them down, &c &c. are not -correct ? A. Certainly not, according to my recollection. Q, Have you your original notes ? 86 A. 1 have not got my original notes, though I knew for what I was corning here. Q. What became of your original notes ? A. The notes I took "on the field 1 lost on the same day in Mr. Peirv's offices, the solicitor, at Manchester. Q. Have you ever inquired for them ? A. I made the greatest inquiries after them without effect. Q. Have you a transcript of them ? A. 1 have not brought down my manuscript reports to the papers ; they may be lost or not, I never saw them since they went. Q. Is your recollection at this time perfect, as to the oc- currences of that day 1 A. 1 refreshed my memory from the account in tho pa- pers which i hold in my hand. Though there is a verbal difference between parts of the written and the printed ac- count, yet there is no alteration of any matter of fact. Q. Did you hear me endeavour to incite the people to riot or disorder ? A. I did not hear you exhort the people to any act which had a tendency to lead them to violence and disorder. Mi*. Hunt (holding in his hand a number of The New Times, of the IHlh of August) — Look, Sir, at the early part of the report in this paper — is it yours ? Yes, I wrote it. The paragraph referred to stated the arrival of Mr. Hunt and others at the hustings, in a coach, accompanied by " Tyas" in the coach. Q. Is it true, can you swear to it ? A. I cannot swear to it, I was told Tyas was one. Q. Did you not know Mr. Tyas? A. No ; [ was also told Saxton wa= there ; I received my information on the field as well as I could ; 1 don't recol- lect seeing Saxon in the field. Q. Is this passage, in which you speak of a lady, who was on the box of the coach, as "a profligate Amazon,'' your writing ? A. It is. Q. \S here did you get that information ? A. I received it from some person who told me who were the parties, for I did not know any of them myself. I called .her a profligate Amazon, because I thought her appearance in the manner and place where I saw her, justified the ob- servation. Q. Have ynu never seen a J :-dv present colours at ths tip*-) .of a regiment ; 87 A. I never saw a Lady present colours at the head of a regiment. Mr. Hunt read from The New Times report — " The soldiers advanced and surrounded the hustings, when Mr. Xadin, with the utmost resolution, seized hold of Johnson first, and then of Hunt, and afterwards of several others, whom he handed to his assistants, and the latter carried them immediately to the New Bailey. The banners were the next objects to which the police officers directed their atten- tion, and with very little resistance they got possession of the whole of them. The scene that now ensued was truly awful ! Tin: shrieks of women, and the groans of men, were to h; j heard at some distance. Every person who attended out of curiosity, finding his personal safety at risk, immedi- ately fled, and where was then tiie boasted courage of these mad-headed Reformers ? They were seen retreating in all directions with the utmost speed. The crush was so great in one part of the field, that it knocked down some out-build- ings at the end of a row of houses, on which were at least 20 or 30 persons, with an immense crush. As I was carried along by the crowd, 1 saw several almost buried in the mins. Others, in their anxiety to escape, had been trampled on by the populace, many of them to death. A feeling of sauve qui peut appeared now to fill the mind of every body, and the dreadful result is net yet known." Q. What do you mean by six caps of Jacobinism? A. Those were red caps of Liberty, with " Henry Hunt, Esq." on them. Q. Why did you call lliem caps of Jacobinism ? A. It was the colour and the shape, not the inscription, which gave me this notion of them. Q. Have you seen the cap of Liberty on this castle? A. I have not examined this castle, nor been struck with the cap and pole surmounting it. Q. Did you not see many hurt? A, I did see several people hurt near the out house by the pressure of the ruins. Q. And some cut ? A, 1 saw nobody cut while I was there. Q. Erom whom did the groans proceed? A. The groans proceeded from the crowd getting away from the field. Q. Did the field then attack the people ? A. I know as well as you the field did not attack them. 1 m presume fl>fy were endeavouring to get. away on the appear ;>.nct' of the soldiers, and not from any act done them by th* soldiers certainly. Q. How did you escape ? A I escaped amid tiie pressure of the crowd. Q, Have you never said you were cut at? A. No one attacked me, no one cut at me with a sword, no one cut at my hat with a sword, nor did 1 ever tell such a thing to any one. Q. Have you never said that you carried a constable's staff for protection ? A. I hud no constable's staff on that day, nor ever said I saved myself from a blow of a sword by holding up a con- stable's staff on the day of the lGtli of August. Q. Never to a Reporter ? A. I never said such a thing to any brother Reporter, wr that a yeoman who struck at me exclaimed, " d — n you, why did you not shew that staff before?' I have certainly told people that 1 was coming here as a witness for the prosecu- tion, and might have said " against Hunt," but I never said ** I would do for him in the witnesses' box." Mr. Hunt again read from the report. " Had it not been for the interference of Nadin, the De- puty Constable, whom these men have particularly calumni- ated, it is certain that Hunt would nol now have been alive, for the military were determined to cut him to pieces." Q- Who told you that ? A. 1 cannot recollect now; but 1 was told it by some- body between the meeting and twelve at night. Q. Cannot you recollect who told you this ? A. I do not recollect ; it was an occurrence which I heard, and as it struck me to be ;i forcible circumstance I mentioned it, though I cannot think it was likely to be true. Q. How came you to insert " it is certain," when you say you did not believe it to be true? A. I did not think it likely, yet having heard it 1 felt it right to mention it, as it was related to me, and I certain- ly wrote " it is certain," merely stating what hau been communicated to me. Q. You arc employed, you say, by the proprietors of the Neiv Times; Who are the proprietors ? A. I am employed by the proprietors of The New Times, the only one of whom I know is Dr. Stoddart. Q. Is he not a relation of vours . A. Me is no relation of mine. Q. Did you not. know that I had bills found on an indtct- aient for libel against that paper ? A. I did not know when I wrote that account that vou had bills found upon an indictment against that Paper for an alleged libel. Though I knew you were proceeding for som» libel, I did not know it was for urging people to assassinate you. I did not write what you call a libel. I know nothing about it. Q. Did you not know that Mr. Tyas, instead of being a delinquent, was, like yourself, a London Reporter? A. No; I never saw him until the Manchester Meeting. Mr. Hunt read on further — " The yeomanry were sup- ported by the Hussars. Among the spolia opimb. they say are to be reckoned sixteen banners, with seditious inscrip- tions, and six caps of Jacobinism. At the moment when Hunt was seized there could not have been fewer than 50,000 persons on the ground.'' yj 1R loyal inhabitants of Manches- ter, and loyal they certainly are, felt themselves imperative- ly called upon to rescue* yhe town from the odium cast on it by the toleration of thes fc-eetmgt- - . It is solely from such feelings that they have aciad, and in so doing they have eertainly set an admirable example to the community at large ; for though irritated to a very high degree, they have conducted themselves on this unhappy occasion with the greatest temperance and moderation. He then turned to a leading article- m the same paper, which stated that " the wretch" who was foremost in the meeting changed countenance, and that his " grin of malice" gave way to a pallid and sallow hue. Q. Is that your writing ? A. It is not. Q. By whom was it written ' A. I don't know. Q. Is it. true ? A. Tt is true that you looked pale at the approach of the military. Q. And that my lips quivered 1 A. I have nothing to do with the garnishing of it; you certainly looked pale, as I have meutioned, Q. Were not the shrieks of the women and the groans of the men calculated to appal the stoutest heart? A. I heard no shrieks at that time, nor until afterwards. Q. You saw me make no resistance to the constable's slaff, it was an instant surrender; did 1 resist ? $0 A. I saw yen make no resistance, but it was railier a seizure than a surrender. 1 think it was Nadin who seized you. I heard no question put by you to the officer of cavalry. I saw Nadin take Johnson off the hustings by the leg, and it appeared to me lie was about to do the same to you ; but as l had turned round at the moment, I c;;n't say exactly how he took you. Cross-examined by Mr. Bamford. Q. With whom did you communicate at the police office ? A. I occasionally saw Mr. Nadin at the police office, and got accounts of public business from him. Q. Did Mr. Nadin tell you Mr. Hunt was to be cut io pieces ? A. It was not him who communicated to me the intention of cutting Mr. Hunt to pieces. Q. Have you not occasionally communicated with Mr. Milne and Mr. Cowper? A. I never communicated with v [r. Milne, but I have with Mr. Cowper, the accompt nt, s'^etimes at his own house, and sometimes in the street. Jvrlween the lime of the meet- and the night, I communicated with a number of persons, whom I don't now recollect. **• Q. From your appearance, I should piesume you have the honour and rn iners of a gentleman, why not then have communicated «o _-lr. Hunt the intention to cut him to pieces ? A. I did not hear it until after the meeting, and of course could not have made a previous communication. Cross examined by Mr. Swift. I know you, though 1 did not see you until the meeting at Manchester. J refer tiiese words to you as having utter- ed them in your speech (some lew sentences, recommend- ing peace and good order.) Your speech was, \ think, ap- plauded, and so was that of every body who spoke. Re-examined by Mr. Scarlett. Q. Do you know of any indictment against the" paper for a publication to urge any body to assassinate Mr. Hunt? A. I know there is a charge of libel for something like calling him " a coward ;'' it relates to some occurrence at the Westminster Election, between Mr. Dowiin.o and Mr. Hunt, on the hustings. There is nothing, 1 think, iu that article, inching any body to assassinate Mr. Hunt. I have no recollection of hearing Mr. Saxton address the meeting, hut I occasionally left the field. I was not near the hus- tings the whole time. There might have been others speak- ing, tliongh L did not hear tliem. As near as I could I sent a faithful relation of what I saw, and what was told me by others. I never used the expression " I'd do for Mr. Hunt," or that " I had a constable's staff on that day, eiihei to Mr. Tyas or Fitzpatrick, which protected me from yeomen's sabre blows." JAMES. PL A TT sworn. — Examined by Sergeant Hullock. Was a constable belonging to the police in Manchester. Was on the ground, at St. Peter's-area, on the 16th of Au- gust. Saw defendant H«*aly, at the head of many hundreds, go up to the meeting, where he got into a cart, and appear- ed to address them. I did not hear what he said. There was a black flag with the party, with the words " Lees, Saddleworth, Mosley," upon it. Saw other parties besides this. One was coming very near the church. Some of them had sticks, and were marching three and four abreast. Saw Mr. Hunt arrive with a much larger party. Knew Bamford and saw him on the hustings, but could not say how he got there, he apparently shouting with the rest. Cross-examined by Mr. Bamford. Q. Did you hear me shout ? A. I did not hear you shout, but you appeared to do so. There v\asan immense shout, in which you appeared to join. 1 considered it a shout of defiance lo the constables on the ground. There was a waving of iiats and sticks. At the time of these shouts the people kept their faces towards the constables ratlnr than towards Mr. Hunt. Mr. Hunt had then come upon the ground. There was all sorts of noises made. He had heard shouts and huzzas from respectable meetings. He would not say whether their shouts was not like that he heard at the meeting of the 16th. Cross-examined by Mr. Hunt. Q. How and where did von first become acquainted with the Police Office? A. About five years ago I first became connected with the Police. Q. Do you understand what is meant by ^.Jlimsey 1 What is the present value of ajlimsey 1 M .92 A. I cannot say what the price of a flimsey, or forged note, is now. Q. But five years ago aflimsey was worth ten bob (10s.) A. The price a flimsey then, in the flash language, was ten bob (ten shillings.) Q. That was, that a 11. bad note was sold for 10s.? I A. Yes. Q. How did you find this out? A. My knowledge of this arose from the circumstance of my father having had several forged notes passed upon him, which, out of aggravation, I wished to detect the utterers. L went to the people, and by inveiglement I got them to offer me some of them, and 1 went off that night to the Bank of England with the notes. I succeeded in detecting several, and I would do the same again. I gave 21. 16s. for the 51. note, and 8s. for each flimsey. The man who sold me the notes is now at large in Manchester. I was not suspected as an accomplice. Q. This was the commencement with Nadin ? A. This was the cause of my first introduction to Nadin. Q. Have you inveigled any more since ? A. I have inveigled several others since. Q. Any of them been hanged ? A. One of them was hanged. Q. What did you get for that? A. I will not tell how much money I got for the convic- tion of that man. Q. Have you appeared against others and got them con- victed ? A. I have appeared against several others, and all were eonvicted. To other questions witnes said I saw Mr. Hunt, Johnson, Bamford, Healy, and Moorbouse, on the hustings; would swear that I saw Moorbouse on the hustings. I was about 30 or 40 yards between the magistrates ; would uot say that the people did not cheer Mr. Hunt on his arrival; was not hurt ou the field ; did not see the people commit any breach of the peace where I was. JONATHAN ANDREW sworn.— Examined by Mr. Scarlett. I reside at Hendam-hall, near Manchester; was one of the constables of the town on the 16th; have property in the town ; went to the place of meeting ; there were some additional constables found necessary ; went upon the ground at 12 o'clock, and a line of constables was made from 93 the hustings te Mr. Buxton's house. At first the hustings were nearer to Mr. Buxton's house; but they were after- wards moved off some yards ; saw them removed ; they consisted of a cart, with planks upon it; saw a great num- ber of persons arriving, and marching like soldiers ; they marched five or six abreast ; a great many of them had sticks, and some carried them on their shoulders as soldiers do their muskets ; there were others who had their sticks differently. When each division arrived they set up a shout, and were answered by those on the hustings ; they shouted, and flourished their sticks ; was near the hustings, and saw Jones speaking ; when Hunt came, the crowd was immense ; estimated them at between 60,000 and 70,000 persons ; they consisted chiefly of mechanics and labourers, and very few of the higher orders attended. The impression on my mind created by the meeting was, that so large a meeting could have no other tendency than to overawe the respectable inhabitants of Manchester and its authority. Cross-examined by Mr. Barrow. I did not know that Jones was employed as a mechanic to put up the hustings. Cross-examined by Mr. Hunt. I think the division that carried their sticks shouldered was that which was accompanied by a black flag, bearing the inscription " Equal Rt presentation or Death." I saw them marching into the field witu sticks shouldered like muskets. The sticks were of different sizes, but they were, for the most part, very large and thick. With few exceptions, the people all carried sticks. I calcualted the number of persons present at 60,000 or70,000. I cannot say what number of sticks they had amongst them. The sticks were very large, both with reference to length and thickness. They were different from common walking-sticks, but 1 was not near enough to examine them minutely. The sticks varied mate- rially in size, according to the size of the men, but I believe they were from 4 feet to 4 and a half long. I did not per- ceive, with the division carrying them, a flag inscribed " Mosley, Oldham, and Saddleworth Union." Every fourth or fifth man seemed to have a command ; those who com- manded had, in general, sticks in their hands ; the division of which T have spoken consisted of between 3,000 and 4,000 persons ; I cannot slate, with any degree of accuracy, the number that carried sticks. I am positive, however, that more than one in ten, or more than one in five, carried 94 sticks. When they came on the ground, the iivision shmted, and waved their sticks in the air. I had no particular com- panion on that day, and do not know that any person in par- ticular witnessed with me what 1 have stated. We had 100 constables on the ground that day, but I do not know one of them by name who saw the transaction to which I speak. After the people shouted, they inarched as near as they could to the hustings, in the same manner as that in which they had entered the held. 1 heard no word of command given, no direction to shoulder arms. I have not called these sticks muskets. I could not, for the different divisions were not playing at soldiers. 1 did not see the people strike the constables with those sticks. I observed other divisions march to the ground. The persons who formed them in ge- neral carried sticks. 1 was in almost constant communi- cation with the magistrates, and therefore it was possible the people might have used their sticks against the constables without my being aware of the fact. There were very t'av,- women or girls present. I was on the ground when you arrived, but not sufficiently near the hustings to hear what was said. I did not observe the people commit any vio- lence. I did not see any other arms except those sticks; neither pistols nor swords. I did not see any person wound- ed except at the infirmary ; and, though on the ground, the constables did not, in my sight, make use of their staves. T. HARDMAJS sworn, Examined by Mr. Littledale. I was a special constable on the 16th of August ; when I first got to the ground (about 11 o'clock), there was bu* a few people assembled ; soon after several parties came in in re- gular military order, carrying sticks. Those that I saw carried them in the left hand as soldiers do muskets, and seemed to have command over the others. They marched towards the hustings and were cheered as they went up. I heard two persons speak from the hustings before the whole parly arrived. The first speech was, " There has been an order given to stand six yards back from the stage, otherwise you will afford your enemies an opportunity of rushing in with their cavalry and all their corruption." The other speech was soon after, I know not which was first, it was as follows — " If you had ever so stout hearted a leaJer you will do no good unless you stand firm to your post."— Both these speeches were made before Mr. Hunt arrived. Jones spoke one of the speeches, the fiii-t 1 believe. I know not who spoke the other. \ saw Mr. Hunt come up in a barouche, attended by a lariie crowd. 1 was then at a distance, and !).;> could not judge how mauy came up with him. lie got upon the hustings, which were at that time removed eight or ten yards farther from where the constables stood, than they were on their first erection. I think there were 60,000 or 70,000 persons present. The alarm in Manchester was very great. Cross-examined by Mr. Barrow. I have an uncle named James Hardman, a brewer. Jones was some lime since employed by him as an engineer and millwright. I do not know that Jones was employed to erect the hustings. I was between 15 and 20 ^ards from the hustings when he spoke. A Mr. Green was with mic, and also heard him. I do not know any body else who was present at the time. Mr. Green is here. I think the words are correct, as Mr. Ellis, who was near me wrote them down. 1 am not positive that it was Jones who made the first speech, but J believe that he did. Cross-examined by Mr. Hunt. I am a dry-salter, and acted as a special constable oh that day. I can't say that a Reporter standing within five yards of the hustings and taking notes, is likely to be more correct than myself. I saw the Oldham division inarching in in regular order. 1 never saw a copy of the indictment against you. The expression of one of the men who appeared to be a leader attracted my attention to the Oldham division. The commanders had sticks which they carried in their left hands as soldiers do muskets. [ did not see any ot the men make use of their sticks. 1 saw no black flag. The sticks were very laige ones, but not so long or so large as a musket. They were of different sizes. Some were three or four feel long, and about half as thick as my wrist. 1 saw no persons injured that day. I remained on the ground till you were taken to the New Bailey. 1 accompanied Mr, Hay to London. Q. Did you give the same evidence before his Majesty's Ministers as you have given here? Witness- Does your Lordship think 1 ought to answer that question ? Mr. Justice B.iyley— You may answer it. Witness — I did. 1 am not a magistrate. Mr. Hunt —Did you compare the evidence given to Mini- sters witii what you now say ? Witness — I do not think proper to answei that question. 96 Mr. Justice Bayley — I think you may say whether the evi- dence given on both occasions be correct. Mr. Scarlett — I object to this question. Mr. Justice Bayley (to Mr. Hunt)— Do you mean to con- tradict the evidence of this witness? Mr. Hunt — If I can shew that he has equivocated, I think I have a right to do so. Mr. Justice Bayley — You may ask any question tending to invalidate the testimony of the witness. Mr. Scarlett — J object to this question. Mr. Hunt — If he gave different testimony at different times, I wish to know where and how he corrected his opinions ? Mr. Scarlett — The defendant has no right to inquire into what has taken place elsewhere, unless he mean to contra- dict the witness; it is under a pledge of this sort that such questions are allowed. But how can the witness be contra- dicted in this instance, without calliug some of his Majesty's Ministers into Court, which cannot now be done 1 If the witness say that he has not given the sa*ne evidence in both places, then the inference will be against his testimony, and I shall have no opportunity of shewing the contrary. If Mr. Hunt can contradict the witness in any legitimate form, I have no objection to his going on. Mr. Justice Bayley — I am of opinion that a general ques- tion of this kind might be asked, not for the purpose of being received as evidence, or of contradicting a witness, but in order to go to his credit, and of seeing if his evidence was substantially the same. Mr. Hunt said, that sooner than put any question likely to disturb the verdict when given, he would waive the question. Mr. Scarlett- Don't be afraid, Mr. Hunt; if you are ac- quitted the Crown will not move for a new trial. Re-examined by Mr. Littledah. Mr. Justice Bayley said, that if he received what was, or rejected what was not evidence, the Crown would certainly be at liberty to move for a new trial. Mr. Hunt waived his question, and the examination pro- ceeded. Captain Henry, of the Manchester Yeomanry Cavalr\ is a cousin of mine. He was on duty that day. The expression which attracted his attention to the Old- ham division was used by a man who carried a stick ; he said, " who said we Oldham lads durst not come here to- dd> V* I heard nothing else. 97 J. GREEN sworn. — Examined by Mr. Serjeant Hullock. After confirming the last witness as to the mode of march- ing to the ground, and as to the language used by Jones, said — I heard no word given: I saw no arni3, no muskets : some of the people had sticks : the meeting was calculated to produce the most alarming sensations. It certainly ap- peared to me more like the beginning of a general rising of the neighbourhood than of a meeting for any peaceable pur- pose, especially for the purpose of deliberation. I conceive deliberation to have beeu impossible. In my judgment, they were by far too great a bodv for any person to be heard from the middle to the extremity ; therefore they could not deli- berate. As to the numbers, I estimated those who formed the ring, who took off their hats, shouted, and felt a lively interest in the business of the day, at about 4(),000. In consequence of what I saw, I joined in an affidavit, at my own instance, relative to the business. I went from the ground where I stood, to the magistrate's house, lor the pur- pose of making the affidavit. Cross-examined by Mr. Barrow. Except the young mail (Mr. Ellis) I do not recollect the names of any of those who were standing near me when the speech which I have quoted was delivered. Persons nearer than I was must, if they paid attention, have heard better than I did ; but that depended in a great measure on the de- gree of attention that was given. I did not think the speech contained any thing extraordinary ; but an intimation hav- ing been given to me, that undoubted information should be procured of what actually took place, I caused the speech to be written down. 1 know Henry Horton, the Reporter of the New Times. At the period of the meeting I was not ac- quainted with him. If he had been near the hustings, he ought to have heard that speech. Cross-examined by Mr. Hunt. I am a manufacturer. The person who intimated to me a desire that correct information should be obtained was Mr. Moore, who is one of the head constables of Manchester, and connected with the police. Mr. Ellis was near me when the speech was delivered by Jones. I had a perfect recollection of the words, and so had Mr. Hardman ; and from our dictation, they were written. Ellis did not write what he heard Jones say, but what was dictated. I was boroughreeve in the year 1816-17. Several meetings, dur- ing that period, took place in St. Peter's-tield. That which 98 took place in March, 1817, attracted my particular attention tor a variety of reasons, especially the extraordinary nature of its object. I know of no person being killed on that oc- casion. It was what was called " the blanket meeting." I know of no person being killed at that time between Man- chester and Salford. I saw all the divisions march to the ground on the 16th of August. The people had no arms. They did not insult me, nor did I see them insult any other person. I recollect a meeting held in January, 1819, at which you presided. It was a small meeting compared with that of the 16th of August. I recollect many other meet- ings more numerously attended than that of 1819. I was present at that meeting for a short time. 1 did not then hear of any violence connected with it. I saw you returning from it. I was near enough to see the hustings fall on that occasion, but 1 did not knew that the accident was caused by the pressure of the crowd. Whatever the hustings con- sisted of on the 16th of August, whether of one cart or two, they were removed, soon after I arrived on the field, from their original position. I do not remember having seen any planks. 1 know Matthew Cooper ; he is, I believe, a re- spectable man. I understand he took down an account of the proceedings. I have been also informed, that William Horton, another reporter, attended for the same purpose. But, although I may vary iu my account of Jones's speech in some slight degree, I can swear lhat what I have stated is the sense of what he said, if indeed it can be called sense. Jones certainly made use of the word " corruption." What he meant I know not, for I never could make sense of the expression. I &aw one person who had been hurt on the 16lh of August. Re-examined by Mr. Sergeant Hulloeh. I saw the meeting in the June preceding; it was not to be compared with that of the 1 6th of August. The people on the former occasion went to the meeting individually. I never heard that any of them proceeded thither m bodies. I saw Mr. Huut at the meeting in January: he had no pro- perty or connexion in Manchester ; he did not pay as a householder when he "was there : I believe he resided "with Mr. Johnson. JOHN ELLIS sworn, described the flags and the man- ner ofmarching to the ground. He then proceeded — Aftev I got on the ground, before Mr. Hunt came,°I observed a person address the crowd from the hustings ; I did not distinctly hear what he said, but I copied it down from the dictation of Mr. Hard in an and Mr. Green. (Here witness read the words imputed to Jones, and stated in the evidence of Messrs. Hardman and Green.) I heard the speech im- perfectly.. There was a small alteration in the position of the hustings while I was on the ground. They were re- moved about half a dozen yards. I saw Mr. Hunt arrive, and observed him address the crowd, hut I could not hear what he said. 1 think there were 60 or 70,000 persons present. Such an assembly must have produced a very appalling ell'ect on the inhabitants in general. Cross-examined by Mr. Barrow. Mr. Hardman, Mr. Ellis, and myself, were together for a part of the time, observing what was doing, and listening to what was said. Q. Did you hear the words I A. 1 did not hear the words which I wrote down. I am not hard of hearing. I do not know the person who addres- sed the crowd, nor can I say whether the speeches were de- livered from the cart, or alter the hustings were completed. Cross-examined by Mr. Hunt. 1 was a special constable on the 16th of August. 1 was not attending much to what was- said. I wrote the words that had been quoted, from, I believe, the dictation of Mr. Hardman. I wrote them either while the person was speak- ing, or so immediately afterwards that they could not escape my memory. I heard them myself imperfectly, and cannot speak to their accuracy. 1 saw the different bodies march in. They crowded round the hustings. As the parties came to the field, they had a most imposing appearance. I believe the greater part of them left the field before two o'clock, but do not particularly recollect seeing any oft them going away in crowds. I witnessed the dispersion, and certainly the people did not go away in the same manner as they had en- tered the field. 1 cannot describe the way in which they quitted it, because, as the field is very extensive, I could see but a small part of them. Nothing occurred to excite my particular attention between 1 and 2 o'clock. My attention was chiefly taken up by a person of the name of Ashwortb, who was crushed in the crowd. He was crushed, as 1 conceive, by a crowd, not of horses, but of men. I did not see the crush, but I judged from the way in which he was hurt. He was crushed on the breast. I saw no cut, neither did I see any blood. Ashworth was not skipped in my pre- sence. When I saw him he was alive, He did not speak No, 4. - Price Sixpence.] N 100 to me. I do not know whether he could speak or not. — He died soon afterwards. 1 did not see him when dead. According to my judgment, if any persons swore that he died by cuts, they did not swear correctly. I took down the inscriptions on the flags as fairly as I think it was possible to do. I neither added to, nor subtracted from, any of them. I did not pay more attention to the black flag than to the others. I saw several caps of liberty in front of the court. Mr. Hunt. — Look at the but not of the Nottinghamshire militia, is that a cap ot liberty on it ? Witness. — I believe so. Mr. Hunt. — There is a sword to protect this cap of li- berty : were there any swords to protect those at the meet- ing? Witness. — No. I saw sticks in the hands of the people : they did not use them. I was, however, knocked down in the hurry of dispersing (lie crowd. 1 was not knocked down by a brother constable, nor by a horse, but by a person whom I did not know, who struck me a violent blow. IV. IICLTOy, Esq. sworn,— Examined by Mr. Scarlett. Q. You are, I believe, a magistrate? A. I am a magistrate of the? county of Lancaster, and was at Manchester on the IGiii of August. Q. Where did the magistrates first assemble ? A. The magistrates iirst assembled at the Star-inn, and then adjourned to Mr. 'Buxton's house, which overlooked Si. Peter's area. Q. At what time ? A. "He assembled between 10 and 11 o'clock, and re- ceived information on oath, relative to the approach of large bodies of people. Q. Did you observe the movements of the different parties ? A. As Chairman of the bench of magistrates, for the counties of Lancaster and Chester, much of my time was ta- ken up in writing ; but I frequently looked out of the win- dow, and saw large bodies of men approach. The first came by Mosley-strcet toward* St. Peter's square, with ban- ners and music. They were apparently divided into sec- tions, and had persons walking at the bide, who, from time to time, seemed to give the word of command. This ob- servation more particularly applied to t!ie first body, for the others were too far oil' to be so minutely observed. All the bodie^ however, proceeded regularly, and in arcmarka- 101 ble manner, for they did not march straight to the hustings, but wheeled, when they received the word of command. The persons in command went up to the hustings and depo- sited their colours. They were regularly received with loud huzzas. The men appeared to me to be beautifully exact in coming up to the hustings, but I could not mark their motions afterwards. The division which advanced from Mosley-street, by St. Peter's square, marched with particu- lar precision. Q. Did the division which came with Mr. Hunt, march with equal precision ? A. 1 could not see what sort of order was kept by the di- vision which came with Hurst. Q. How many were there, do you suppose, in the first division ? A. I should think, having seen regiments reviewed, that the first division consisted of 4,000 or 5,000 men. Q. Had they music and drums ? A. They hud music, but I do not know whether they had drums. Q. You saw the division which escorted Mr. Hunt? A. I observed the division which escorted Mr. Hunt: he was iu a carriage, in which I believe were also Johnson, Moorhouse, and Carhle : the extraordinary noise which was made on the approach of Hunt, induced me to walk to the window, and mark what was going forward: the hustings were moved in the course of the morning : this 1 knew, be- cause it had been the desire of the magistrates to form a line of constables from the hustings to the house where the magistrates were; but I observed that a number of men had rushed i; , locked their anus together, and surrounded the hustings. Q. Yuii saw all this, in the situation in which you were placed ? A. I could perceive from the window different people coming forward to address the meeting : from the situation in which I was placed, 1 had a view over almost the whole of St. Peter's area. Q. What in your opinion was the number of persons met? A. The number of persons assembled, was estimated at 50,000. Q. Was the Meeting of such a description as to inspire terror ? A. The meeting did undoubtedly inspire terror in the minds of the inhabitants. I received depositions on oath, 102 to that effect, and I myself marked the extraordinary way in which the people approached. Mr. Hunt. — I desire that those depositions may be pro- duced. The witness. — I have not got them. Mr. Justice Bay ley. — You must speak, then, as to your own opinion : you cannot state the opinions of others. Witness continued. — Many gentlemen stated to me, that they were greatly alarmed ; and, looking to all the circum- stances, my opinion was *hat the town was in great danger. The population of Manchester and Salford, according to the cen&ns of 180i, was 100,000 souls. Manchester was a large place, and contained many shops and warehouses. The ma- gistrates, in consequence of these proceedings, deemed it necessary to issue a warrant for the apprehension of the supposed leaders, which was given to Nadin, either in the presence of one of the chief constables of the town, or else it was handed to him by the constable. I cannot say whether the warrant was brought back after it had been made out. In giving the warrant to Nadin, he said he could not execute it without military aid. Mr. Hunt objected to hearing what Mr. Nadin said. Witness continued. — He refused to serve the warrant without military aid, and made use of this remarkable ex- pression — Mr. Justice Baylry intimated to the witness, that he could not state the observations of Nadin. Witness continued. — The reason Nadin gave was perfectly satisfactory. I then wrote two letters, tne one to the Com- mander of the Manchester Yeomanry, the oilier to Colonel L'Estrange, requiring them to come to the house where the magistrates were, which they accordingly did. A troop of the Manchester Yeomanry soon arrived from the Mosley- street end. The troop came at a quick pace, and formed in a line under the wall of the magistrate's house. The moment they appeared, the croud set up a tremendous shout. They groaned and hissed, and those men who had sticks shook them in the air. I saw those sticks lifted up in a menacing manner. I had a full view of ihe whole. 1 can positively swear that I saw the sticks flourished in this manner; and I even heard the expressions of some of the people who were near the military. Whilst the cavalry were forming, some of those persons who were nearest to them turned or ad- vanced towards them. After the mob had set up this shout, the cavalrv wa\ed their swords. Th:-v then advanced. I 103 believe the Borough-reeve was with them when they formed for that purpose. From the appearance of the crowd, and fn.ni their general conduct, I conceive it was totally impos- sible /or the constable to serve the warrant without' the as- sistance of the military. I wrote at the same time to Colo- nel L'Estrange, and the commander of the Manchester Yeo- manry, and I supposed the two forces would have arrived at the same moment on the ground ; but I was informed, that, from the appearance of the croud, it was thought that it would be dangerous for Col. L'Estrange to lead his men through a narrow pass, where there was only room for a single soldier at a time. He afterwards brought up two troops of the loth Dragoons, and two of the Cheshire Yeo- manry. When the Yeomanry and the constables approached the hustings, I saw stones and brick-bats flying in all di- rections. I saw what appeared to me to be a general resist- ance. In short, when Colonel L'Estrange arrived at the magistrate's house, with the 15th and Cheshire Yeomanry, I conceived the Manchester Yeomanry to be completely beaten. The ctowd closed the moment the Yeomanry had entered ; and when Col. L'Estrange arrived, and asked what he was to tio, so convinced was I of their perilous situation, that 1 exclaimed " Good God, Sir, don't you see how they are attacking the Yeomanry I " My idea of their danger arose from my seeing sticks flourished in the air, as well as brick- bats tin own about. I believe the Yeomanry went in about four abreast, but their horses beitlj; raw, unused to the field, they appeared to me to be in a certain degree of confusion. They must penetrate through the crowd to get to the hust- ings, and as fast as thej advanced, the crowd closed in around them. I saw distinctly from the window where I stooH ;.n immense body of people between the house and Ihe Yeomanry, when they advanced to the hustings. In a very few minutes some of the parties were taken into cus- tody. On my saying to Col. L'Estrange " Good God, Sir, don't vou see they are attacking the Yeomanry? — disperse the crowd ! " lie advanced, and the dispersion of the crowd took place. I am not sure whether Col. L'Estrange ad- vanced with the whole or only with a part of his force. Having spoken to him, I left the place. I do not know how many prisuners were brought in. Cross-examined by Mr. Barrow. There Were four persons in the coach which brought Hunt. There were a man and woman on the dicky. The woman 104 waved something that looked like a while poeket-handker ; chief. Cross-examined bij Mr. Hunt. Q. Are you sure, Sir, you have stated the facts 1 A. I declare that I have related every thing exactly as I saw it. Q. Did you see me so distinctly as to know me? A, I could not see distinctly, so as to know sou on the hustings. I mean that J could not distinguish your person from that of another. Q. How far do sou think you were from the hosting?. A. Tlie hustings were, I believe, about 300 or 400 yard.? from the window where I stood : hut though 1 saw a map of the place, with the admeasurement, I ciuinol speak exactly to the fact. Q. Then, lam to understand, that although you could not distinguish mo from another, you could perceive that the people were linked arm in arm round the hustings 1 A. I could notdistinguish you from another, but I could perceive the persons locked together round the hustings, be- cause they formed a complete cordon, and were bare-headed. 1 believe solemnly that those people near the hustings were locked arm in arm. Q. You saw them linked ? A. I saw them linked, 1 believe, by the arms. They were as close together as ever they could be, and were dis- tinguished from the rest of the crowd. Q. You swear this, notwithstanding the distance ? A. Though the distance was so great as to prevent me distinguishing an individual on the elevated huntings, still I, and others, could see the persons beneath locked together. Q. From your o«n knowledge, you swear tbis? A. 1 swear this from my own knowledge and observation, and not from what 1 was told. Mr. Hunt. — Can von, Sir, standing in that elevated situa- tion, and looking round on the comparatively small number of persons in this court, see whether their arms are locked 1 [Here a very considerable tumult of approbation was ma- nifested, partly in the galleries, but piincipally in the lowei part of the Court. His lordship strongly commented on such impropriety of conduct, and a man \\us immediately brought into the witness-box, who was accused of having joined loudly in it. His lorddiip, afiei a suitable admonition, com- nulled him to the t'.istle-gaol.l Thelri;.! luen proceeded. 105 Mr. Hunk— You will now look round to the benches, where that crowd is elevated, one above another, and say whether you can see what they are doing with their arms ? Witness. — Must I answer that, my Lord ? Mr. Justice BAYLEY. — You may declare whether toe op- portunity >ou had of viewing the meeting on the 16th of Au- gust was better than that which you have of seeing the people now present. Witness. — I had a much belter opportunity of seeing the persons at the meeting than I have of observing those in the Court. Mr. Hunt. — Could you see the arms of the persons then ? Witness. — I could see them wedged, and, 1 believe, linked together. Mr. Hunt. — Could you see any part of their arms'? A. I could distinctly see the outside men linked. Q. Then, 'mm the appearance of the others, you believe the its! wore linked ? A. — 1 have no doubt of it. T described before what 1 will state again, that 1 saw a body of men ten deep, whom, on my oath, I believe to have been linked arm in arm, and many of whom I had an opportunity of ascertaining were so linked. There was a space within this circle, which admitted ihe hustings, and also some of the mob. I could distinguish the circle from those who were nearer the hustings, because the men who composed it were bare-headed. When you came upon the ground there was immense shouting. Q. Did you understand it to be a shout of applause, or of defiance ? A. I conceived it to be applause, huzzaing. Q. Were the people looking towards the carriage when they shouted I A. I cannot say whether the people were losking towards the carriage when they manifested this applause. Q. Did you see them torn and shout towards tiie constables I A. L did not see the people turn towards the special con- stables, and applaud them ; but many circumstances might have occurred while 1 was not at the window. Q. I speak merely of what took place at a time when you stated that you were at the window. Die! any portion of the people, whe,n I was advancing, turn round, and give a shout of defiance to the constables? A. Not that I know of. The shouts of applause that were bestowed on you had great influence with me in signing the warrant, because you brought with you a great accession of slieugth to the numbers already collected. 100 Q. "*Tou say, depositions were made " befote me," in the singular number ; and a warrant was issued " by me," in the singular number. Wire \ou Commander-hi-Chief of tiie Magistrates on tbat da\ ? A. I was President of the Lancashire and Cheshire Ma- gistrates. Q. Why did you use the singular number? A. I did not know that I used the singular number. The warrant was signed by me and others. Q. At what time was the first deposition made ? A. The deposition wish respect to the alarm o! the town was made about half-past 1 1 or 12 o'clock. Q. At what time was the last ? A. The last deposition was made immediately after you ascended the hustings. Q. By whom? A. It was made by a person named Owen. He could net swear to your person ; but it was made after the carriage Lad drawn up and the people had alighted. Q. Have you the warrant now ? A. I have not got that warrant. I delivered it into the constable's hands ; it is often the case for a constable to return the warrant when it has been served; but as there were magistrates senior to me in age and service, it was not returned to me. Q. Can you recollect the terms of the warrant? A. I do not know the exact terms of that warrant, as 1 have not seen it since. Q. To whom was the warrant given for execution ? A. It was placed in the hands of Nadin, and directed him to arrest Hunt, Johnson, Knight, and Moorhouse. Q. Was Owen's affidavit made before the warrant was granted ? A. Owen's affidavit was made before the warrant was granted, and after you had ascended the hustings. When the warrant was made out, 1 had a very strong idea that its ser- vice would be a task of great difficulty. Q. Did you or your constables call to the people to make way for your approach to the hustings ? A. Neither J, nor any of my constables, to my knowledge, called on the people to make way for the constables to ap- proach the hustings. Q. Did your brother magistrates elect you to the chair on this occasion ? A. I was not elected chairman of the magistrates en this occasion because no one else would undertake the task ; the situation was offered to no one else. J()7 Q. Were you ever in the army ! A. I was never in the army ; I was for a short time in the local militia. Q. I believe you saw very Irttle service until that day ? A. I don't call it service. Q. The letters to the two military commanders were sent at the same time you say ? A. The letters to Col. L'Estrange and the Commander of the Manchester Yeomanry were sent at the same time. The reason why the two fences did not arrive at the same time was, because it was deemed prudent that, instead of Colonel L'Estrange proceeding through a very narrow street, he should advance to the area by a circuitous, but more open route. Q. Cannot you recollect what were the terms of the warrant ? A. I think the warrant granted on the oa'h of Owen set forth that you, Moorhouse, Johnson, and Knight, were pro- ceeding through the town in a car. Q. Then as t was in a barouei>e that was notcorrect. Mr. Justice Bayley. — You cannot make any remark on the warrant, unless it be produced in Court. Q. Did the cavalry in forming wave their swords? A. The cavalry in forming waved their swords, and ad- vanced to the hustings. Q. Do you recollect the pace with which they advanced ? A. If I were called on to state the particular pace in which they advanced, I would say it was something of a trot, or rather prancing ; the horse were fidgetting in con- sequence of the noise, and they were not in good order. Q. Did not some of them gallop? A. I saw none of the cavalry galloping. The pace I wish to describe was between walking and trotting. I believe they advanced to the right of the constables ; but the line of constables had, I believe, been previously broken. The letters I sent to the officers were written in conjunction with all my brother magistrates. The space which the cavalry made in their approach was immediately filled up by the people. Q. Was not the space blocked up with the constables. A. 1 cannot say that it was filled up by the constables on the right, ami the people on the left, endeavouring to escape. I only know the space was immediately filled up. I think decidedly that the space was filled up for the purpose of closing them and cutting them oil. O 108 Mr. Justice Bayley — Do you think it was done to pull them oft* their horses, and injure them. Witness — I certainly do, my Lord, The impression made on my mind, at the time, was, that the people closed in order to injure the Yeomanry. By Mr. Hunt — Will you swear that the constables were not mixed with the people? A. There mi Jit be some constables mixed with the people ; I could not see them. Q. Was not the space filled by Nadin and his partv I A. I do not know that the closing was effected by the rushing in of Nadin and the constables. I believe the people wished to close on the cavalry. Q. On your oath, sir, did not the people fall back at the sight of the military ? A. I will swear that many of the people did not fly when 1he first body of calvary rode amongst them. They fled when they saw the second. The moment Colonel L'Estrange advanced \ his scpiadron, the general flight, according to my belief, k place. Q. Were 1 here not many children in the crowd? A. I sa\A very few children in the crowd. I cannot under- take to ; wear that I saw r one. Q. There were many women ? A. There were a good many women, undoubtedly. 1 heard the women particularly noisy in hissing and hooting the cavalry when they first appeared. When the yeomanry advanced to the hustings, I saw bricks and stones flying. Q. At the yeomanry I A. I have not stated that they were levelled at the yeo- manry, oor can I swear it. I wish to convey to the jury that those stones and bricks were thrown in defiance of the military. I saw them attacked, and, under that impression, I desired Colonel L'Estrange to advance. I said, " For God'i sake, see how they're attacking the >eomanry — save them," or words to that effect. There was not time for me to consult my brother magistrates as to sending in more mi- litary, but they were with me at the window, and 1 should certainly conceive they heard me. I did not take the re- sponsibility on myself. They, at that moment, were ex- pressing fear themselves. Q. What fears? Fears that the people would hurt the yeomanry, or the yeomanry destroy the people ? A. I have answered that. They saw the perilous situation in wheh the Yeomanry were placed. 1 do not recollect how many of the Magistrates were with me. Some of them 109 endeavoured to get into the crowd, but without effect. I and my brother magistrate, Mr. Tattoo, tried to get into the crowd, but were repulsed. That was after the first body of cavalry had arrived, and proceeded with the constables to- wards the hustings. The attempt was made before the dis- persion, and subsequent to the advance of the cavalry. Q. Did you, or any of the other Magistrates, attempt to persuade the people to disperse? A. Neither 1 nor any of my brother magistrates at- tempted to persuade the people to disperse. Q. You saw some of the parties come in beautiful order 2 A. I saw some of the parlies march into the field in beau- tiful order. Q. And this thing, which was so beautiful, created alarm in your tender heart ? A. That body, which marched so beautifully, did create great alarm in the town. Several of those persons had large sticks, I won't say shouldered like muskets,, but they had them up to their shoulders. This applied pr ,\ • ^)ally to the party that entered from Mosley-street. The ters I could not see. '^. Why did you leave the window 1 A. Because 1 had given my orders to Colonel L'Estrange. Q. Was the carnage too horrible to look at I A. I would rather not see any advance of the military. Q. Then you give ciders for that which you had not the courage to witness ? A. I gave orders to Colonel L'Estrange to advance to the support of the Yeomanrv : 1 never thought it would be ne- cessary to disperse them violently, as I thought they would disperse on the apprehension of those named in the warrant; and 1 will add, that we had no previous intention whatever of dispersing the crowd. I witnessed none of the scenes that took place after. I went down stairs just as Mr. Hunt was brought in prisoner. Q. Dili vou see any of the killed ? A. I did not see any of the killed. Q. Nor wound* d I I. 1 believe I did see one man wounded, who was brought into Buxton's house, but 1 would rather not swear it. Q. Are you sure you saw none of the wounded I A. I saw none al the time, but I have some faint recol- lection of having seen a wounded person— a woman — can if d in a chair, two or three bonis after. 1 saw a woman brought 110 nto Buxton's house in a fajnt slate, but not wounded, as I can recollect. Q. On your oath will you say you did not see a woman wounded ? A. I did see one woman in a faint state, and advanced in pregnancy, and blood flowing from her bosom. I think that is the woman to whom 1 alluded. Q. Do not you recollect another fainting and some water being requiied for her? A, I do not recollect having had a woman in a fainting state pointed out to me, and a person asking for a little wa- ter for her, I was so busy looking at you, Sir (to Mr. Hunt.) Q. Do you recollect having said to Col. L'Estrange, in Buxton's house, " There, Sir, is your prisoner ; march him off" to the New Bailey : I commit him to your care." A. L do not believe I did. I do not recollect some per- son pointing out to me the danger which there would be in sending you (Hunt) among the yeomanry and constables (" who had been already attacking me,"' added Mr. Hunt.) I wished to send you in a coach; 1 did not think it safe to send you among the crowd. I had heard that Mr. Hunt had been struck, but I will not swear it. By Mr. Scarlett. — I and another magistrate (Mr. Tatton) attempted to force our way into the crowd, but could not effect it. We had our horses ready saddled, to have ridden in if it were possible,; and then we attempted it on foot, but could not succeed. I positively swear that we had had no previous intention of dispersing the crowd ; or, if other ma- gistrates had such intention, it was not known to me. Our first thought of dispersing the crowd was when we found the Yeomanry in danger. We found it absolutely impossible to execute the warrant by the aid of the police alone. We conceived at first that Mr. Hunt was not sufficiently identi- fied with the multitude, till we had depositions to the active part he was taking in the meeting. Our reason for ordering the execution of the warrant was, that from the information we had received and our own observation, we considered the town in imminent danger from the. crowd, and that the men named were the leaders. I think 1 saw one man brought into Buxton's house wounded. By the Court. -I have acted as magistrate for nearly nine or ten years ; I have acted as such since 1 came of age. I do not live at Manchester; 1 live at Hulton, twelve miles from it. There were ten m gi trates present. It was a large meeting of magistrates ; the magistrates of Cheshire xnd Lancashire were called on to act together on this occa- Ill sion. Nothing but a conviction of the existence of imminent danger could have induced me to order Col. L'Estrange to do what he did. I think that I ought to have been struck out of the commission if I had acted otherwise ; 1 should not have discharged my duty if I had not done so. If the constables had not informed me that it would be impossible to execute the warrant, I should not have ordered the Man- chester yeomanry to advance. By the Court, at the request of Mr. Hunt. — " Had you heard that a warrant had, under similar circumstances, been peaceably executed at a large meeting in SmithneW?" Mr. Hulton. — I certainly had, and this was one reason which induced me, when J had consented to sign the war- rant, to order its execution at the meeting. And, my Lord, I beg to add, that I also wished the public should know that it was the leader? of these proceedings and not the peo- ple who were objectionable. 1 never heard till this moment that Mr. Hunt had, on the Saturday preceding the 16th, offered to surrender himself if there was a warrant against him. I had heard that Hunt had called and asked whether they had a warrant against him, but no more. By Mr. Barrww. — I never gave it a thought whether the warrant was to operate only on those who were on the hust- ings; it was against Hunt and others. By the Court. — I could judge by the motion of a large body, whether they had their arms locked, without actually seeing their arms. Here the gentleman's examination closed ; and Mr. Jus- tice Jiayley observing to the Jury that they must now be fa- tigued, he would have the Court adjourned to Monday. FOURTH DAY. The moment the galleries were opened they were crowded to excess. The whole of the seats in the lower part of the Court were tilled before eight o'clock by females of the most respectable appearance. t At nine o'clock Mr. Justice Bayley entered the Court, and the different defendants having taken their places, the Coun- sel for the prosecution proceeded to examine the following witnesses : — 112 JOHN WALKER sicorn.— Examined by Mr. Scarlett. I am an attorney at Manchester, and have resided there all rav life. I was at the meeting between eleven and twelve o'clock on the lGth of August. I saw several bodies of per- sons arriving there. I saw a cart as a hustings, from which a line of constables extended to Mr. Buxton's house. The leaders of the first division on coming up got into the cart, and ordered it to be removed a little. It was not removed far. Wylde was one of the persons who got into the cart. I did not know him then, but I saw him the next day at the New Bailey. He headed a party, and ordered them to place themselves three deep round the hustings. He had before ordered the cart to be removed. I do not know the other man. He was taller than Wylde, the people obeyed Wylde's orders. The division had a cap of liberty, with Hunt's name upon it. and said, as they came up, they were the Ashton division : Ashton is eight miles from Manchester. The next division that came up was, I think, the Stockport ; they had a cap of liberty. Stockport is seven miles from Manchester. The Saddleworth, Lees, and Moseley Union came up with the Oldham party. Tiieir leaders, as they arrived, ordered them how to place themselves. They had all flajs. Wylde said, " Stand firm to your post— if you have a leader of ever such strong nerve it is impossible he can do if you cannot stand firm.'' This was addressed to the different columns or divisions ranged round the hustings. Tti« taller man told them to link arm in arm round the hust- ings. He said, " Every man who knows his neighbour, and who is staunch to the cause, and by that means ^ou will kef p your enemies from the hustings." I took this down at the lime. The persons assembled obeyed this order. 1 was close to one of the divisions; I he people were probably fourteen or fifteen deep when these words were used. I fell back as they kept forming between me and the hustings. I could distinct- ly observe that they were linked arm in arm ; I have no doubt of it. They were about fourteen deep. 1 cannot sav that all were linked ; I could see some of the back rows linked, and also some of the row immediately preceding them. After the party was so formed, Wylde gave an order to fall back six yards from the hustings; it was after the directions to link arm and arm ; there was a little falling back, but not to the extent of six yards ; I receded as they fell back ; they still continued the linked position. The taller man said " the word of command has been given to (all back six yards; un- less you obey you'll give your enemies an opportunity of Ictt- 113 ing in the cavalry amongst you." The same man soon after added, " I do not see any of our enemies amongst us; if I did I would tell them, and probably thev might wish them- selves in another place.'' After this was said there was a fur- ther falling back. As I was placed 1 could not see whether any opening was left to the hustings. I then left the ground. I was absent half an hour. I returned about one o'clock. Mr. Hunt and a mi ruber of others were then oh the hustings. Johnson was there also. I was 50 yards distant. J heard Mr. Hunt desire the people not to call out silence, but to keep silence; and if their enemies would not keep order, to put them down and keep them down, or something to that effect. In my judgment, it was not possible to penetrate the crowd, near the hustings, without absolute force. They formed a solid body; I saw no aperture; this body was formed l>etween the extremity of the hue of constables and the hustings. There were upwards of fifty thousand persons present. The division I saw marched to the ground in a military manner, as I conceive, and as each division came Up, they wrre cheered by those previously assembled ami by the crowd. I have seen a« many men assembled at Man- chester Races as I have that day. The crowd consisted of the lower class of people. The crowd so assembled was cal- culated to overawe, to intimidate, and to create fear and alarm in the minds of the people of the town. This was the impression on my mind. I felt fear and alarm, as I thought it would create a disturbance. The distance of Oldham from Manchester is about eight miles. Moseley and Saddleworth are farther ; the former is ten or twelve miles distant. Roch- dale twelve miles. Cross-examined by Mr. Hunt. I have always been an attorney at Manchester. I was a special constable on the 16th of August. When I left the ground I went up Mosley-street, to Mr. Fielding's, for the purpose of getting a little refreshment. I was over-heated — there was a great crowd — it was very dusty. My person, not my spirits, was over heated. Mr. Fielding is not a ma- gistrate. While I was absent, I did not see any magistrate. In the course of the day I went to Mr. Buxton's house, and then saw one of the magistrates. I was not employed by them. I was not an amateur constable. I acted as a special constable, considering it to be my duty to protect the peace of the town as tar as I could : I did not conceive myself under the orders of the magistrates: 1 was sworn before a magistrate, but I conceived that T ought to take my orders 114 from the chief constable. I did not go to the meeting as an amateur reporter. I made use of an old letter, on which I wrote the words that were uttered, for it struck me as being very extraordinary that they should be made use of on such an occasiwn. I do not attend meetings for the purpose of reporting speeches. I cannot say whether persons, who were nearer than I was to the hustings, and who were in the habit of reporting speeches, would take the words down more cor- rectly than 1 did. I cannot answer for other people. 1 do not know a reporter of the name of Morton. 1 only saw one magistrate at Mr. Buxton's. Mr. Norris was the magistrate I saw : lie is the stipendiary magistrate of Manchester. I communicated my fears to Mr. Norris. I merely said, " 1 am afraid there will be a disturbance." T had thought it ne- cessary, before my going to the ground, to draw up a depo- sition of what I saw in the morning. It was probably 10 o'clock, or a little earlier, when I drew up the deposition. I don't know whether Sergeant Cross was, or was not, in Man. Chester at the time. The deposition was not shown to him. There was no conversation. between me and Mr. Norris as to the relevancy of that affidavit to meet the question. I drew up the affidawt at the Police-office. I was induced to make this affidavit in consequence of several circumstances. In the first place, a knowledge that large parties had been train- ing in different townships round Manchester, and information that those persons meant to march into the town with caps of liberty— revolutionary emblems, as I considered them— and that the meeting was calculated to overawe the town, to create disturbance, and to produce riot and confusion. Those were the reasons which induced me to make this affidavit, and the same feelings were expressed to me by several other gentlemen. There were 30 or 40 gentlemen in the police- office at the time, who all concurred with me in opinion. I cannot say that these gentlemen knew the facts, of their own knowledge; but 1 believe they heard them from others. A dozen of them joined with me in the affidavit. I might have got a greater number to join me if it were necessary, but se- veral of them went away to the meeting. On recollection, I believe, twenty or thirty persons joined me in the affidavit. We wished to prevent such large bodies from approaching the town. I thought it \sas wrong to allow such vast num- bers of people to enter .Manchester. The subject had been discussed the day before (Sunday) at the police-office. None of the magistrates were present, either on the Sunday or the Monday, at the police-office, that I .-an. I was at the police- office at noon on the Sunday. At that time about half a- 115 (lczMi or a dozen of the persons who afterwards met there on Monday were present. The purport of the affidavit was not stated on the Sunday, though the general subject was then discussed. I 'hen declined making any affidavit. No- body urged or asked me to make an affidavit. Several gen- tlemen had drawn up statements, as to their fears of what was likely to occur the following day, which they thought ought to be submitted to the magistrates. Those gentlemen were respectable inhabitants of Manchester. Mr. Hunt. — Let me have some of their names. Mr. Jusiice Bayley. — I cannot allow that question, be- cause it does not bear on the question of the legality of the meeting of the 10th in St. Peter's field. Mr. Hunt. — If the witness be directed to withdraw, I will state my reason for asking the question. The witness then withdrew. Mr. Hunt. — I wish to know, whether certain persons who have been examined in this court, and have staled that de- positions were made so late as half-past 11 o'clock, on which the magistrates acted, were present at the police-office when Mr. Walker swore to his deposition before 10 o'clock, and whether they joined in it. Mr. Justice Bayley. — Then you cannot ask a general ques- tion. You must inquire whether A or B was there, and so on. Examination continued.— I think I saw Mr. Green on the Sunday, but I had no conversation with him. 1 have no recollection of Mr. Green's discussing this subject: Mr. Green was at the police office on the Monday morning, be- tween 10 and 11. I don't recollect seeing Mr. Jonathan Andrew at the police-office on the Sunday. I think he was ' there on the Monday, but I am not sure. Mr. Philipps was not, I think, at the police-office on the Sunday. He was, I believe, on ihe Monday, but not when the depositions were drawn. There was no conversation on the subject of any affidavit. It was done wholly by myself. Mr. Ent- wisle was not at the police office either on the Sun. lay or Monday. I knew previously to the Sunday that training was going on, and that circumstance, connected with the intelligence that a great body of people were to march into Manchester in a particular manner, induced me to draw up my deposition. I was under considerable apprehension of danger on Monday morning before 10 o'clock. These ap- prehensions were excited both by what I knew of my own knowledge, and what I heard from others. The fact of training, which I learned from those who had actually seen i' 116 it (lia\iug been deputed for that purpose), was one great reason for my conduct. I had seen a considerable number of persons coming into the town, which created great alarm in my mind. 1 saw several bodies marching into the town on the Monday morning before I made the affidavit. Their appearance did not give me any idea as to whether they had been traiuing or not. I live upwards of a mile from Man- chester, on the Cheetham road. I left home to yo to Manchester about nine o'clock : but before 1 left my house I saw numbers of people proceeding to Manchester. There was nothing so particular in the manner of those peo- ple as to create alarm. My fears were excite d not only by what 1 saw, but what I heard. There was nothing striking in the appearance of those whom 1 saw "t that hour, there- fore my fears were chiefly excited by what I head. The people 1 saw passing by my house before 9 o'clock did noi march in regular order. They had no fla^s or banners, no revolutionary emblems. The deposition was not fairly co- pied at the time I left ihe police office to go to the ground. 1 left it to be copied, and to be brought to me, for the pur- pose of going before the magistrate and swearing it. There were alterations made in the draught. They were the sug- gestions of my own mind. The gentlemen to whom I have alluded did not sign the draft at the police-office. It was signed at Mr. Buxton's house. Before I drew up the draft, 1 did not sec any thing in the town of Manchester to excite my alarm. My deposition was, in effect, " that I under- stood training had been carried on in different townships round Manchester ; that great bodies of people meant to en- ter the town with flags, caps of liberty, and other revolution- ary emblems ; and that, if they did so, they would overawe the town, and it would be attended with mischievous conse- quences.'' My opinion was, that such an assemblage would be illegal. 1 did this in order that Ihe Magistrates might be acquainted with my opinion, and that of others; leaving it to them to decide on what was to be done. I suggested no- thing. 1 offered my opinion, because 1 thought the people ought to be stopped from corning into the town. There was no discussion at ihe police office, between me and my friends relative to my affidavit. When I swore it, I had not seen any bodies of men, with flags and banners, and caps of liber- ty, marching in. L was informed that they would so march in from different places where they were training. I do not recollect whether the persons who gave me my information stated that they h*d seen any ofthese revolutionary emblems but it was 'perfectly well understood that the people ou"4nl 11 to march into the town in that manner. T calculated at the time that there were 50,000 persons present. I believe I have seen as many at the Manchester races. I could not «ee a threat way at each side of me, hut a number of the per- son* immediately before me on the field had sticks. One man near me had a bludgeon, which appeared to be cut from a hedge. Me held it over his shoulder till another man nodded to him, and he removed it. I do not know whe- ther that bludgeon is here to-day; he did not hold it as a soldier would a musket ; the man who pointed to it also carried a large bludgeon ; neither of them made use of their bludgeons on my head, I was neither insulted or assaulted by any of them. I saw several divisions marching to the ground, but, from my position, I could not see whether they curried sticks or not. I saw the black flag, but I do not think I was present when it arrived. I heard part of what you said; it was to this effect— " Don't cry silence, but keep silence ; that will produce order: and, if our ene- mies endeavour to prevent order, put them down, and keep them down." The military had not then arrived. I do not recollect whether you pointed to any particular person, when you used those expressions. I have no recollection of your pointing to the soldiers, as the enemies to which you alluded, and whom you wished to be put down and kept down. Re-examined by Mr. Scarlett. Mr. Hunt might probably have been ten minutes addres- sing the people. I did not hear all he said. I could not, from my position, see any soldiers in Dickenson-street. I had been apprized of the intended meeting on the lGth; and abo of that which \i as to have been held on the 0th, but which had been postponed. I understood Mr. Hunt was in the neighbourhood, and was to preside. I had reason to conclude, before I went to the ground, that the information 1 had received was correct, and my ideas on the subject were in consequence confirmed, though 1 had drawn up the draft of an affidavit. I did not swear to it until I had been on the ground and seen several divisions arrive I recollect having seen a notice of a meeting to be held on the 9th Au- gust, posted up in Manchester. I saw placards for the meeting of the 9th which appeared Jo me to be illegal — it was that portion which related to the election of a represen- tative, or legislatorial attorney for Manchester. Mr. Scarlett here intimated that it purported to be for the election of^i member. \m Mr. Hunt said, with great warmth, that Mr. Scarlett was continually putting words into the mouths of the witnesses. In this instance the expression was " legislatorial attorney." Mr. Justice Baylev.— It signifies very li; tic ; but, fur the decency of the Court. I wish objections to be stated calmly. Mr. Hunt. — I wish, my Lord, you would compel the gen- tleman to be decent. Mr. Scarlett. — 1 am not conscious of having manifested any indecency during this trial. On the contrary, I have submitted to much which 1 consider indecent. Mr. Justice Baylev.-- I beiieve other people have submit- ted to it also ; I know I have. Mr. Scarlett. — I certainly feel for your Lordship's situa- tion. Mr. Justice Baylev.— The belter way will be to have no angry discussion, I will go through the cause as equally as I can; and I will interfere with either side, when I see it necessary. Examination continued. — The objectionable part, that which was illegal, in the placard of tlie 9th of August, was omitted in the advertisement for tiie meeting of the Kjih. I do not act as secretary to the Pitt club in Manchester. JOHN WILLIE, sworn.— Examined by Mr. Serj. Ilnllock. I know Johnson, the defendant. 1 am acquainted with a house kept by a publican, of the name of Slater, at Man- chester. I saw Johnson at Slater's house on the Gib of Au- gust ; at that time placards had been put up, postponing the meeting advertised for the 9th, to the IGlh; we were talking of the preparations that were making by the " big" men of Manchester, with respect to the approaching meeting, when Johnson said, "The great people think, because it is put off, that it is entirely done away with ; but they are under a mistake; for we shall be ready on the 10th for any thing the soldiers can bring against us." There was a great deal of talk about the " Ludding," and Mr. Horsfall's being shot near Huddersfield. Johnson said, that when Horsfall was killed, there was a bony of men combined together to go to London, and upset the House of Commons, or something of that sort; and he observed, the reason they did not go was, because they had not enough to support their families, in case they were sent to prison, or came to any harm ; the conversation lasteen put upon public meetings, which interdicted them from assembling during the sitting of Par- liament, or meeting of the Courts of Westminster Hall within one mile of such places. If the Learned Gentleman's law were good, why not prevent the Spafields meeting, and others which had been repeatedly held up to the year 1820 ? This was not a cause of Athens, or of Sparta ; it was one of Manchester, a cotton spinning, not a classical district ; and the question was, ought not they to be permitted to do what had been repeatedly done und^r the eye of the law in Lon- don 1 A priori, there was nothing to constitute this meeting 134 illegal. Even if it were, Saxton had no participation in the crime ; for he was present for a lawful purpose, namely, to take notes for a newspaper establishment. If not then oiiilty of the charge of conspiracy, was he of the second ? If he was, the meeting must be first proved to be a seditious one, and he must be found participating in their seditious acts. In looking at this point, they must overlook the late restricting laws, and consider how the law stood in August, 1819 ; there was then no law to limit such meetings. Would any man deny that the people of Norfolk might not have then met on the subject of the Corn Laws, which they might suppose to affect their staph article of growth ( The people of Manchester might feel the same interest in the cause of Reform, and might equally meet in whatever numbers wished well to that question. It was said they met in marching array — was there any law to prevent men enter- ing a town in a breadth, and with measured military step ? It ought rather to be called civil array, for there was just the same reason to give it the one name as the other. Was there any law to prevent men entering Manchester in order instead of disorder I They had indeed been told that the people were armed with sticks, which were carried like muskets, but what proof had they that they were not the ordinary walking sticks which men usually carry in the streets? If they were otherwise, why not produce even one of the deadly weapons, for they knew that many of them and the flags were taken in triumph on the field ? Why not call Mr. Nadin, if he sould prove any such fact '. Weil, they had music, but playing what? N one but tunes to which every loyal heart must cordially respond. Neither arms, pikes, nor staves were among them ; but some few, who came from a distance, had common walking sticks. Again, upon the banners, with the single excep- tion of that with the inscription of " Equal Represen- tation, or Death," -where was there any thing seditious; and even it was overstrained reasoning, that could make se- dition out of that? There was no sedition in recommending Annual Parliaments, although he confessed there was a very unwise recommendation, yet sedition was quite differ- ent. The same proposition had been long age made by the former Duke of Richmond ; so that this was not a die for their own mint, but an old doctrine kept up in continuity. Mr. Jeremy Bentham also had repeatedly written the same doctrine in books he had often addressed to the people. He then took a review o\' the history of Parliaments from indent times, to shew the various terms of their continuance, 135 alii dwelt upon the practice urged by many, that they were once held annually. An ensign then, bearing the inscrip* tion of " Annual Parliaments," could not be illegal, though he knew many disputed the wisdom of their revival, if even that they had ever existence, but it was said, that " Equal Representation," with the alternative " or death !'' was illegal. If any body had perhaps proved that the alternative was woven in the loom of any of the defendants, the ca?e might be different. There was no such proof; and for aught they knew it might have been brought in by au enemy. Suppose such a thing had been done at the great York meeting last September, would it have been permitted to alleet the principal personages then assembled, without a proof of their knowledge of, and participation in the intro- duction of that flag ? Did the inscription indicate any thing more than a strong feeling or an ill-selected word, in the absence of any direct identity between the defendants now on trial and the particular banner ? And yet this was all which was urged to shew the seditious character of the meeting. There was no evidence, as on Watson's trial, of the inflammatory speech of a mad young man, who recom- mended the people to rob a gun-smith's shop ; on the con- trary, all the speeches delivered were pacific. Mr. Hulton indeed thought, that if the meeting w as not dispersed, the town would not have been standing the next morning. Just the same right had he (Mr. Holt) to say, that had not the Smithfield meeting been dispersed. London would have been in flames. What right had persons to put upon speeches or upon acts any other interpretations, without proof, than their fair and obvious import indicates i The third and last charge was that of seditious riot. What was riot ? He- apprehended there was no such thing as riot in ihe abstract; the individual must be found actually doing that which tends to riot. If a multitude be even riotous, a man could not be made a rioter, even if present, should he be found holding no participation in the tumult that prevailed. Joseph Mills, Henry 11 orton, and James Piatt, where the only witnesses who introduced Saxton's name. Mills, the police-officer, spoke of him as being on the hustings, but he was not there for any unlawful purpose ; he might have been there as in- nocently as Air. H orton, the reporter of The New Times, who was even locked in with the crowd, to form a barrier around the hustings. It would be clearly proved he never addressed the meetiug. As well also might Air. Fitzpatrick be prosecuted for his participation in the Stnithfiild meet- ing, in the cart of 'which he actually was. Surely then, the 136 reporter of a Government print is not to be guiltless on such an occasion, and the reporter of a paper of opposite princi- ples guilty. Saxton was no where found confederating with others on the occasion. Mr. Scarlett said, that the object of this prosecution was to inculpate, not the multitude, but their leaders ; that the net was not to be thrown too wide to em- brace those who were only casually or subordinated con- cerned. He again made an appeal to the Jury on behalf of Saxton, and entreated them to consider him as detached from any thing like guilt in this unfortunate transaction. Mr. S. BAMFORD, addressed the Court as follows. " My Lord, and Gentlemen of the Jury — Before I enter into a detail of the evidence which I intend to produce in inv own defence, 1 think it necessary to notice some expres- sions used by the Learned Counsel for the prosecution, in the speech which he addressed 1o this Court on the opening of these proceedings. I allude to that part of his harangue where he said that ' Bam ford was seen training a body of ten thousand men on the morning of the 16th.' If the brief which the Learned Gentleman had before him instructed him to make such assertions, so much the better; and I sin- cerely wish, (or his own honour, that it may be so. But your Lordship and the Jury cannot have failed to observe, the testimony of Morris contains no such proof, and he alone has appeared against me as to the transactions which took place at Middleton previous to the procession's movement towards Manchester. Indeed the evidence of Morris states that he knows not who formed the people into section, divi- sion, and square; that they were formed, but by whom he does not pretend to say. The Learned Gentleman a'so, in commenting upon some of the banners and their insciip-* lions, describes one as bearing Ike words " Annual Parlia- ments," and " Universal Surf; age ;" and then insinuates, that such was accompanied by a demand, from whence he infers a design to subvert our Constitution and Government. Now the mottos upon the banner which lie so erroneously described were nothing more than an avowal of what we con- sidered, and do still consider, as our political rights. There was no such thing as a demand about it. Why should we demand that which we were going to Machester to petition for ? The Learned Counsel began his speech to the Jury very smoothly and very coolly, desiring them to dismiss from their minds all feelings of animosity which they might have previously imbibed again-t the parties accused, and 137 what to me appears very strange, in a few breathings after- wards he ! ; iakes the above statements, so erroneous «nd so well calculated to prejudice. His motives for so doing I cannot tell. If his own conscience acquit him, I do wil- lingly. On the subject of drilling, I have in common with my neighbours heard much, seen some, and could have seen more; for it was, to use a common, though a very memora- ble phrase, " as notorious as the sun at noon day." If it he not trespassing too mnch on the time of the Court, I will en- deavour to give a brief account of its origin and intention, and 1 am the more anxious to embrace the present op- portunity, from having my mouth closed when I wished to have beeu heard at the bar of the House of Commons at the commencement of the last Session of Parliament. In the course of the last six years, Manchester has witnessed many public meetings, to all of which, with the exception of the last, great numbers of people from the surround'ng towns and villages, proceeded in groups promiscuously, upon which occasion they were uniformly styled by the illiberal venal press of that place, a mob ; a riotous a tumultuous, a disorderly mob. They were ridiculed as illiterate, dirty, and mean, having chapped hands and greasy night-caps. They were scandalised as being drunken aud disorderly, and they were denounced as being libellous and seditious, divi- ders of property, and destroyers of social order ; and was it not then very natural that these poor, insulted and vilified people should wish to rescue themselves from the unmerited imputations which were wantonly cast upon their conduct ? It certainly was natural to give the lie to their enemies. To shew to the nation and to the world that they were not what tiiey had been represented to be ; they determined to give one example of peace and good order, such as should defy the most bitter of their accusers to criminate, and for this purpose and lids alone was the drilling, so styled, instituted. Only one witness for the prosecution has sworn to having heard amongst the drillers the word "fire," all the others swear only to their facing, certainly most suited to familia- rise them to that species of uniformity of motion which would be necessary to preserve due order and decorum in their progress to the place of meeting. But as to these facts I do not tender to your Lordship and to the Jury my own assertions, unaccompanied by corroborating evidence. I shall produce from the papers laid btfore the House of C< inmoas, relative to the internal stale of the country, what I consider as a confirmation of my statement. This docu- ment is daied the 5th of August, which is only four days )38 previous to 1 he first proposed meeting at Manchester, which should have been on the 9th, so that if we sup- pose the drilling parties to have been in existence a week or .. fortnight before the day on which this letter is dated, the ground of my argument is strengthened thereby. r " hat military gentleman who did us the ho- nour to stiwid so long before us on Saturday evening, and whose services, 1 trow, consisted in marching with Ralph Fletcher from Bolton to Manchester, and from Man- chester to i.oiion, talks of midnight drilling, and of the parties coming to the meeting in beautiful order; the former is not, I presume, legal evidence, and of course will not ap- pear upon your Lordship's notes. The latter confirms what I have said respecting the wish of the people to preserve the strictest decorum. Your Lordship and the Jury will find, by the evidence which 1 shall produce, that by nine o'clock on the m g of the ever-memorable Ifith August, num- bers of ,.. ons assembled at Middleton; that they were formed into a kind of hollow square ; and that whilst so formed I addressed them, earnestly cautioning them to bo on their guard against their enemies, representing the ad- vantage which would be taken of their numbers to create a riot by persons employed for that sole purpose ; that 1 ad- vised them to insult no person, but rather to suffer an insult on that day, as their enemies would be glad of a pretext to accuse them of riot and disorder; that I entreated them to bear towards every one a spirit of good will ; in token of which 1 distributed amongst them branches of laurel, em- blems of purity and peace, as described by Morris and Hor- ton, .nd having heard that if 1 went to the meeting, the po- lice of Manchester would upon its own responsibility arrest me, 1 cautioned the people against offering any resistance if such an attempt should be made, as 1 preferred an appeal to the laws of my country to the use of force. That 1 insisted no sticks should be taken, and that in consequence several were left by the way ; that we went in the greatest hilarity and g«cd humour, preceded by a band of music playing se- veral loyal and national airs ; and that our fathers and mo- thers, our wives and children, our sisters and our sweet- hearts were with us. And this was 1 lie dreadful military airay which the Learned Counsel has, in the strains of a ce- lebrated Don, described as one vast army bearing from a'l points to the invasion of Mam hester — poor, forlorn, defence'ess Manchester! Tlie^e art- the soldiers ready lo fight for Mr. Hunt, with bare heads an>l with arms locked (a fighting posture forsooth !) who teniiied that immortal 139 author of given books, Mr. Francis Phillips ; and of these persons, O, dreadful to relate ! was composed that cordon impenetrable to every thing, save the new gr^"nd sabres of the Manchester yeomanry cavalry." George Swift then addressed the Court ih his defence. He admitted having been at the M^ncheste ' meeting, but utterly denied that he was there for any illegal purpose. He corroborated the statement in evidence of his^iddressing the people to be peaceable ; and yet for all '***=• 'ie had been confined in close custody, and exposed to the opprobrium of the world, as guilty of a serious offence. He had no con- nexion with the Reformers, and he left his case with the Court and Jury. Mr. Joseph Healy (commonly called the Doctor) had a paper, of which the following i-i a copy, read by the cleik of the Court, as he was himself prevented from reading it bv a severe cold. MR. HEALYS DEFENCE. . " My Lord, and Gentlemen of the Jury — Permit me to offer a few prefatory remarks to your serious consideration, I stand here accused of a crime against the '.. vs of my country ; but I should wish to press upon your minds that just and equitable maxim, that every man is considered inno- cent until proved guilty by {rood and substantial evidence; and I therefore hope that what I shall think proper to intro- duce for my defence this day will be duly weighed and re- flected on by you. You are sworn to well and truly try and just deliverance make of this case, to which purpose I be- seech you to lay aside party feelings and interests, unrobe yourselves of all party spirit and prejudices, if you have, any and let nothing weigh in your decision but what you hear well substantiated, on oath, from creditable witnesses, who are completely disinterested. In our political opinions and feelings we may perhaps differ, but as you are countrymen and Englishmen, 1 will not b-lieve but that you glory in fair play — you glory in suffering every man to enjoy that privi- lege you would wish to enjoy, fulfilling that beautiful saying of Scripture, " do to others as you would wish others to do to you." Liberality of sentiment is the greatest proof of a well cultivated mind. Having premised thus much, I shall now come to the subject of the indictment. It is divided into such a tissue of repetition as never before occurred. We are charged with a conspiracy, which is said to have com- menced in July, and been consummated on the i6th of Au- gust. At ov.ti. I deny the charge altogf iher — neither ha a \t t 140 nor can it be proved against us. If meeting my fellow-coun- trymen to petition Parliament or the King for a reform in the representation in the House of Commons be a conspiracy, then I confess I am a conspirator, and am ready to bear chains, racks, and dungeons for such conspiracy. But, Gen- tlemen, I trust I shall convince you that neither I nor my fellow-prisoners merit such a severe name. I am unskilled in the forms of law ; it strikes me that no act or acts can be considered as a conspiracy unless such acts tended to further and mature unlawful matter, and I wish to keep this in view through this all-important trial- a trial in which the liberty of yourselves, children, and country, are at issue. I appre- hend, ii mere association and communion of ideas constitute conspiracy, then are you very conspirators — for from dis- tant places for one purpose, you must consult, devise, and associate, and why not, while doing so, be conspirators'? Design can alone constitute criminality, and here, unless it can be shown by good and irreproachable evidence, that we intended to break the peace, and bring the Constitution into contempt, it is clear we have committed no crime against those existing laws of the land. This meeting, as well as others I have attended, was called by public advertisement (which he had here read.) The document will speak for it- self. You sec it is for the purpose of considering the most lawful means of obtaining Reform. The day arrives — (Here he described the meeting to consist of a promiscuous assem- blage of men, women, and children, with music.) You have been told of the military array of the people; but did the laws of the land then point out in what manner the people should go to the meeting? — I fearlessly say no. Then any method was lawful. You are told of the people carrying walking-sticks; but it will be proved they were very rare on that day. It was said the people had flags and devices. Were they forbidden by the then law? I say no. It is said they came with music; was that forbidden? I say no. It is said that meetings called for a lawful purpose might be- come unlawful by their numbers. Did the then law specify how many made a lawful meeting? I say no. St. Paul has laid it down, that where there is no law there is no transgres- sion ; and, thank God, the laws of my country say the same. You will think, with the great Apostle of the Gentiles, I am confident, and therefore I expect an acquittal. I am anx- ious to inform you, that in Lancashire, where military habits are almost interwoven with the people, the scholars walk in procession with music and flags. It may be attempted to he "aid, that the Reform we sought was not constitutional; 141 this was a new doctrine, imported from Algiers. I appre- hend the right of petition or remonstrance is a natural right, anterior to all forms of government, being planted by God in our very nature?, and a right enjoyed in the most despotic States — in Constantinople as well as London. It is expressly laid down in the fundamental laws of the land, that every body has the liberty of petitioning, and adds, that all committals for it are illegal. If the people had the right of petition, they must also have a right to meet and discuss grievances. The laws of the land are conclusive for us. Would a petition for the repeal of the Septennial Law be penal ? — or for the disfranchisement of Gatton, Old Sarum, Sec. 9 . — He then referred at large to the Act of Settlement, ttc. and said, if this be not so, farewell reason and justice, and Duke of Richmond, Earl of Chatham, Fox, Pitt, Sir Win, Jones, Granville Sharpe, Sheridan, and thousands of other great men. I trust the meeting is now proved legal. The magistrates, I wish to impress upon you, that the magi- strates do not appear to have discovered the meeting to be illegal until 12 o'clock; it they knew it before, they were criminal in not giving notice of it." He then impeached many of the witnesses for the prosecution, on account of their connexion with the police, and eulogised the witnesses he had to adduce, and then concluded thus: — "And now, my Lord Judge, 1 pray you not to say any thing to prejudice the minds of the Jury, but leave the matter with them ; and to you, Gentlemen of the Jury, I would suggest a word of advice, namely, that the law considers you the Judge in this case; and therefore you will judge for yourselves, without taking any notice whatever of what may be advanced as this opinion or that opinion. I only seek to repair our old con- stitution, and make it a/ac simile of the sentiments of the people at large.'' Mr. Justice Bayley smiled at the allusion as to what might be his charge to the Jury, and turning to them, hoped they would attend to the defendant's request. MR. JOHNSON'S DEFENCE. Mr. Johnson, in his defence, said, he had been induced to attend at the meeting by desire of some persons who thought he had influence over the people, and to maintain peace and order. He then asserted that what was sworn respecting himself was not true, and arraigned the condact of the police of Manchester. Mr. Johnson said, not expecting the case for the prose- cution to close this evening, he was rather unprepared for his 142 defence, but conscious of his innocence, he would go for word. He was entirely unaccustomed to address such an assembly as that which he no v beheld. Mr Justice Bayley. — If you wish to have time till to- morrow morning, you are at liberty to postpone your de- fence. Mr. Johnion. — No my Lord, I have but little to say. He would briefly state his connection with this meeting, and the reasons which induced him to attend it. lie was requested to be present, and he proceeded to the appointed place un- der the impression that every thing would be conducted in the most quiet and peaceable manner. He went with a de- termination of the best kind. He knew that the people of Manchester were in a dreadful state of distress; and base men, he was convinced, were employed to work on their misery, and compel them to commit some mischievous acts. That the police of Manchester cherished this intention, he entertained not the slightest doubt. The people being placed in this melancholy situation, he attended the meeting tor the sole purpose of preventing them from doing any thing rash or violent, however their passions might be stimulated by designing men. It was intended to have a remonstrance of the Manchester people drawn up for the purpose of being laid before the Prince Regent, so that, if possible, his Royal Highness might be induced to investigate their sufferings, and to devize means for their removal. The object of that remonstrance would have been, to show that they were not fairly and regularly represented in the House of Commons, and that to this non-representation their evils were entirely to be attributed. It was his decided opinion that such a proceeding was absolutely necessary, He knew that many honest men differed in opinion on this subject : but, as it was a matter of opinion, he conceived he had as good a right to adhere to his sentiments as those who thought dif- ferently conceived they were entitled to maintain theirs. Knowing that a great part of the population ef Manchester laboured exceedingly hard for fifteen or sixteen hours a-day, for which they received 8s. or 9s. per week, he conceived that their situation ought to be ameliorated, and therefore he attended the meeting. He should richly deserve to have a verdict returned against him — he would consent to be found guilty — if what Slater and Willie had sworn against him was true. But he was sure the dury could never suppose that he would make such a statement as that alleged in the presence of a man he had never seen before i:i his life. I have serious doubts on my mind, that Mr. M- — — — , the 143 solicitor, suborned that man, Willie, to come forward against nap. Mr. Justice Ba} ley interrupted the defendant. — He could not suffer such gross accusations to be made in that Court. The defendant continued. — He would prove by a gentle- man of undoubted veracity, that that Willie said he had de- clared to be a positive fact, he had, over and over again, re- lated as a hearsay story, and one which he did not believe. He should not have made these remarks against the police of Manchester, if he were not acquainted with them. He had been in the habit of attending the police-office, and he had opposed some of their measures. In consequence, some of those connected with that establishment had taken every step to destroy his character and credit. He request- ed the Jury to throw aside all political bias, to take leave of undue prejudice, and to think for themselves. He could as- sure them he never stated; as a fact, that the men of Not- tingham were to do such and such things. He always rela- ted it as a mere hearsay statement. Mr. Hunt intimated a wish, as it was then pa^t six ox-lock to have the Court adjourned till ten on Tuesday morning, in order that he might examine, with as much attention as possible, the mass of evidence that had been adduced, be- fore he commenced his defence. The learned Judge acceded to the propostiion, and the Court adjourned. FIFTH DAY. MR. HUNT'S DEFENCE. Mr. Hunt proceeded to address the Court, amidst the most profound .silence and attention. He spoke a* follows: — Rising as I do, under such peculiar and multifarious diffi- culties, I have to entreat the indulgence of the jury, as well as that of the Court, while I endeavoured to la}' before you, as far as my humble powers will admit, the case 1 have to bring forward, in answer to that which has been attempted to be substantiated against me. It will not be, perhaps, in- truding on your time, shortly to say, that when f arrived in York I was labouring under a most severe indisposition, from a cold which I had recently taken, which indisposition has been day after day increased by my attendance in this Court, where I have been exposed to the draught from one 144 or two doors on my head, and thereby placed in a situation of great difficulty and considerable danger. When your Lordship indulged me last night, by granting me an hour's further delay this morning — an indulgence which was so unfeelingly opposed by the learned Counsel employed against me — Mr. Justice Bay ley. — Pray, Mr. Hunt, don't use the harsh term " unfeeling ;" let us refrain from personalities. Mr. Hunt. — I was in hopes that I should have been able, step by step, to read the evidence through before I came to my defence ; but when I left this Court last evening I was so indisposed as to be obliged to call in an eminent medical man, who recommended me by all means to abstain from any business which might cause anxiety or irritation, and to keep myself as quiet as possible. This, Gentlemen, pre- vented me from reading over the evidence with that care which I should otherwise have done. If under such discou- raging circumstances I should be under the necessity of taking up much of your time, I hope the delay will not create in your minds any prejudice against me, but be attri- buted to the real and only cause. When I put in this claim I do so on the score of health ; I claim not, I want not to excite improper sympathy. A conscious feeling of rectitude has always dictated my motives and governed my actions and intentions, and will now, I feel confident, enable me to bear up against multiplied difficulties with honour to myself, and, I trust, with satisfaction to you. When you heard, Gentlemen, the opening speech of the Learned Counsel, I am sure you must have felt that you were about to try a very different question from that which has since been detailed to you. I am sure you thought you were about to try some monster in human shape, who, devoid of feeling, integrity, and of character, sought the overthrow of all good Govern- ment, and of all the most sacred institutions of the country. You have heard the evidence which followed the speech for the prosecution, and I now ask you where are the proofs that any man here is such a monster? To your oaths and your consciences I calmly leave that appeal. The Learned Gen- tleman set out with expressing to you his congratulations at the removal of this trial to your county from the neighbour- ing one, and in the pleasure it gave him to find it about to be tried in a place where local prejudices were not liable to have particular operation. He made this congratulation, as he said, on the part of the cause of justice, as well as in be- half of the defendants. But with what sincerity, Gentleman, can you receive that congratulation, when I tell you that 145 that Learned Counsel himself, with the Attorney and Soli- citor-Generals, Mr. Raine, and the whole of the Crown Lawyers, employed all their combined lalents and legal acumen to deprive you of having the performance of that duty on which he now congratulates you, and to prevent my having this opportunity of obtaining an unbiassed Jury of the county of York? Has it also come to his knowledge that unfair means have been resorted to even with a Jury here ? This Jury he knows were struck with the Sheriff at the side of the selector. Does he believe that no improper means have been resorted to ? Does he believe that no im- proper means have been used by the Under-Sheriff, or that no letter has been written to an individual called on the Jury, but who has not attended 1 Mr. Justice Bayley — Mr. Hunt, I must interfere. This is quite extraneous matter. If any such interference were used, there is another way of investigating it. The party mak- ing that interference is answerable for it, but it is foreign to the present business. Mr. Hunt— I state, my Lord, what I am informed I can prove. I am well advised upon it, and I do not hesitate to say, that it would form a good and valid ground of objection to any verdict tainted by such means. But I here confess 1 have no such feeling. If any such attempt has been made upon any individual in your box, Gentlemen of the Jury, I am sure, that instead of creating an undue impression against me, it will operate in my favour — and that you will feel no leaning towards the man who has dared to do it, and who shall hereafter, face to face, answer for his conduct 1 must, however, say, that much prejudice has necessarily been imbibed against us. The opening speech of the Learned Counsel has gone forth through the London Papers to the world, while we are yet upon our trial. They have been here circulated in a public coffee-room by some of the witnesses convened for the prosecution, a false impression has been thus created, and nineteen out of twenty of the people of England have ere now been exposed to its oper- ation. 1 am not only charged in this opening speech, which has been disseminated throughout the world, with being a man on his trial for an attempt to overthrow the constituted authorities of my country, but also to destroy, in the flame of infidelity, the altar of our holy religion. It has been industriously promulgated that I was connected with Mr. Carlile; ithas been propagated that I am a man of his principles— where is the proof? Without it, why should the imputation be cast? I shall not advert to the conduct of 140 Mr. Carlile, because the law has imposed its punishment upon him, and he is now enduring the reward of his teme- rity. It would be therefore improper and imprudent, and unjust, for me, in open Court, to touch upon such a subject ; but why Avas the topic introduced ? I will tell you Gentle- men — to connect our cause with irreligion, and to identify that of the reformers with Mr. Carlile's. I am not here, f openly avow, either by my evidence or my speech, to con- vey in the slightest degree, any intention of disavowing the appellation of being a Reformer. I am not a man to hold one opinion in private, and another in public, with regard to my political sentiments. I have no crooked expediency. I profess to be a Reformer, but not a Leveller. I profess to be a lover of liberty, but not of licentiousness. Sweet, lovely Liberty, Gentlemen, is pure and amiable as sacred truth. Licentiousness is as disgraceful as darkness and falsehood. Liberty is as contrasted with crime, as truth is with some of that evidence which has been given in that box on the part of the prosecution. "Who that read the Learned Counsel's speech, and heard his allusion to a bloody dagger, encompassed and surrounded by the people of the Manchester Meeting — a dagger too which has now been seen through the public prints by 19-20ths of the em- pire — who, I say, but must think, that the vile criminal so impugned; is a monster, alow bred, vulgar villain, a des- perado of low life, plodding violence and rapine, treason and murder — instigating his fellow creatures to hurry on with him in his career of desperate and atrocious criminality ? What proof is there in evidence to entitle the Learned Counsel to draw this " air-drawn dagger." save indeed the evidence of one uncorroborated witness — a man, too, bear- ing the rank of high life ; a Gentleman and a Magistrate ; he, of all, only dared to utter this breath of slander, and to implicate us, or any part of the meeting, in any acts of tumult or violence. This having been done, it is incumbent upon us here to repel by evidence, this false and infamous calumny which the Learned Counsel, though he uttered, did not dare to prove by one corroborating evidence. Mr. Justice Bayley — Pray do not use opprobrious epi- thets. 1 cannot hear them. Mr. Hunt — My Lord, it is charged upon me that I have been criminally connected with public meetings, at which, among other emblems there was a bloody dagger on a flag — Where,*. I ask, is the dagger I Where is the flag ? I answer, no where, but in the perverted imagination of the man who uttered it to excite a prejudice against us in the mind? of 147 the Jury. He smiles (Mr. Scarlett whs observed by Mr. Hunt to smile) — He may smile, but lot him remember tbat, like the story of the boy and th>> frogs, what was fun for him may be death to me. U there was this emblem. Gen- tlemen of the Jury, you would have seen it here, for you recollect Shawcross said that the banners, the revolutionary emblems, the implements of war, were all here. Why did not the Learned Gentleman, whose witnesses had them, call for their production '( No, no, Gentlemen, his observation at that moment was, " Let us close the case." Where was the witness Nadin, who is here I Why not a single witness to prove the existence of this bloody dagger? Where are the dreadful ensigns ? Why not produce them here to jus- tify their clients ? See the effect they Mere calculated to produce, and do you think the prosecutors would have lost it, if it was possible to he obtained? Where are the bludgeons that were shouldered like wooden muskets ? They were part of the captured spoils; Mr. Jonathan Andrews saw them four feet in length ; where are they ? No, not one is here. The bludgeons then, the stones that were hurled at the yeomanry ; Mr. Scarlett's bludgeons, Mr. Hulton's bludgeons, brickbats, and stones, are only to be found existing in the mind of the Learned Counsel and his solitary witness. They know well that they had no other existence. The Learned Counsel said he knew r Mr. Multon much better than I do. 1 dare say he does, and I give him joy of his acquaintance. Mr. Hulton was about 3 or 400 yards from the hustings. He is yet the only man who dares to swear to the flinging of stones and the brandishing of sticks, to the face about of the people against the military, their being attacked, and, as it were, cut off. He only speaks to the hissing and hooting. I shall contradict that man. Why was he not corroborated by his brother magis- trates, nine of whom were with him in the room when he saw all these indications of violence 1 Why should tes- timony so important want the confirmation of his brother Magistrates, who could, if the story bs true, have corrobora- ted every word of it; we know that the whole of ihe nine other Magistrates were here on the first morning of the trial ; we know that Mr. Hay were here, and Mr. N orris ; we know that when witnesses were ordered out of Court, they went out among the rest, from that box where they bad taken their places. AH went out, for what ? to enable them to be called as evidence ; and yet not one was brought to corroboi ate the most strong of thrm all. Ail Lancashire did net furnish a brother Magistrate to corroborate Mr. i 148 ttulton ; of the whole policc,whole take oaths by the hundred everv year, there was not one to prop up such an assertion of our guilty acts. No ; not one could be found to swear after Mr. Hulton. Gentlemen, if this question were merely the simple one of my guilt or innocence, my moral guilt, or moral innocence, I declare to God, that, knowing as I do the Judge who tries this cause, his high character, his great integrity, I would let the evidence go to you as it stands, and demand upon it your verdict of an honourable acquittal. To that Judge whose character — Mr. Justice Bayley— Let me beg of you not to allude to it in this manner. Mr. Hunt — Well then, Gentlemen, I cannot give vent to those feelings which would gratify me to utter. I shall only say, that out of all the evidence brought forth on the part of the Crown, there had not been a single one whose cross examination did not elicit a contradiction of the charge brought against us. I have said, that if my private interest were alone concerned, I should leave the evidence to you aa the prosecution left it to you. But there are great national interests involved in it, and which must be here deeided. I feel, then, I must combat the tissue of misrepresentations that have been sent forth against us. I feel that I must undo the criminal force of the Learned Counsel's accusation, which has now gone far and wide throughout the country. When 1 see, therefore, the absolute necessity of calling evidence to rebut such gross and unfounded imputations, I must crave your indulgence to allow me the opportunity. It is, Gentlemen, no part of my character to be the flatterer of any man, or to fawn before any personage. To such lan- guage, or such sycophancy, I am an utter stranger. If I then approach the Learned Judge with the humble tribute of my praise — Mr. Justice Bayley — Mr. Hunt, you must not; 1 can- not hear it. Pray forbear. Mr. Hunt — Gentlemen, I said I could not be a flatterer; but I mean to speak the honest language of truth, not of adu- lation. If I said else, 1 know it would have only the effect of exciting in your minds a prejudice against me. During the whole course of this trial, the Learned Judge (and I hope I may be permitted to say it) has exercised a patience, has shewn a temper often tried, and I will admit, perhaps, not a little by myself, as well as by others. Mr. Justice Bayley — We must not suffer those allusions to be made ; I will thank you to say. nothing about it. Go what is material for your defence. 149 Mr. Hint — Well, Gentlemen, 1 must desist from grati- fying my feelings ; his Lordship's hint of disapprobation shall ever induce me to desist from pursuing any course that may be disagreeable to him. After those preliminary observations I ask your patience, Gentlemen, while I go through, as well as I can, the principal parts of the evidence for the prosecu- tion. But first I must call your attention to the nature of the indictment. It is for a conspiracy; a very fashionab'e and convenient mode now-a-days of proceeding by indict- ments ; for by so proceeding there is no limit to inquiry — every action of a man's life may be scanned to shew his cha- racter ; his whole career may be raked up. Every possible degree of criminality may be left to be inferred from the animus with which he transacted any affair of his life. Now, Gentlemen, in this indictment tl ey had this wide scope. I ask you, then, what proof of evil intention have they ad- duced against us ? None — none whatever. I was y*>« have heard, at Stockport, where I received the kind and hospitable treatment of Mr. Moorhouse; I went from Stock- port to Manchester on the Monday, and yet Chad wick, who was the whole week watching from Manchester to Stockport, and from Stockport to White Moss, can only bring out this material tact, that has been so much dwelt upon, namely, that, as I passed along the road I said, " Let us give one shout, lads." Is this a conspiracy ? No. What, then, is it meant for? Why, fortius purpose, to excite a prejudice against me, by atiributing to my popularity the collection of this great meeting. 1 will bring a witness to prove the circum- stances attending this shout. I will put into that bos a lad who has been in my service for seven years — a simple coun- try lad, who has attended me at all public meetings for the last seven years. Get out of him, if you can, any act of cri- minality. The Learned Counsel, who will, I know, conde- scend to any thing here —can enter the recesses of my stable and my private chamber; let him, through my servant, scan every event in my house. The fact of that shout is this : — I am, as it is known, long accustomed to meet crowds ofpeople, and whenever I saw the least disposition in the multitude to hiss, and give offence of any kind to any individual, it has always been my practice to draw their attention from the object of their dislike by proposing three cheers, or a shout of some kind to divert their attention and exhilarate their minds. If I see a wish to hurt the feelings of any body 1 always say, " No, no ; give them three cheers." What a con- temptible vanity am I not charged with, to excite a shout from the people -what did 1 want of it? 1 needed nc such 1 50 5turmlus to them, it' I were weak enough to resort to such means. They always gave me enough of shouting when I ap- peared among them, w ithout using any such foolish means to obtain their applause. When 1 g>\ about 1700 household- ers of Manchester, each name having the trade and address of the parly annexed to it, desiring that a meeting of Man- chesteraud the vicinity should be convened — for what? " to adopt ihe'iiiost legal aud most effectual means to procure a Reform in the Commons House of Parliament." This re- quisition was published in the papers, with the names of the inhabitants subscribed to it. The Boroughreeve would not call the meeting, and they then tailed it themselves. This was on the 7th of August, two davs before I arrived in the neighbourhood, and \et this was the meeting said to have been called by a man who had neither residence, property, or connexions in Manchester — a man who was in fact out of the town for tvso ua\s after. I was invited to preside at that meeting, because I imagine they knew I had presided at others where peace and order pievailed. There was not one public meeting I ever attended in the course of my life that was not so conducted. I ItJl you frankly and freely, that I was never invited by my count r\ men to take part iu any pubiic uneting at which 1 did Hot attend. This may be attributed to my vanity nd ambition. What vanity ? What ambition ? W;ls it the ambition to do ( \il I — No ; it was the ambition to oo that good which I thought it in my power to accomplish. When did I shew a disposition to do evil I The meetings are described as composed of cordons and martial array, and all piepartd to fighl against any one, and for me ; and win re did I misdirect their power ? — I keep no notes of my speeches — 1 trust to the feelings and dictates of my heart, which are foreign to violence ; and I speak what I feel. I ask, then, on what meeting in the whole coiir-e of my life did I, by even any single casual expression dropped in the heat of the moment, use one single word that had a tendency lo excite the People against their constitution, and the Au- thorities of the Stale? If I had attempted so bad a course, I do not believe the people would, in any instance, have fol- lowed my example, f never entertained such sentiments. Jt has cvir been u.y dcsiie to induce the people to uphold 151 the honest, noble, dignified, free born character of English- men ; to make them lovers of its free Constitution, its Au- thorities, and its Laws ; and perhaps in only two or three in- dividual instances have I ever seen a single being who was de- sirous of doing unlawful acts. I never wished to reined v anv imaginary or real evil by any other than legitimate means — 'the most legal and most effectual means," as are specified in this Requisition, always constituted the doctrines I sought. Ymi have heard of burning mills. What mills did I ever point out for conflagration? What farms did I point out for partition ? What butcher's or baker's shops did 1 ever de- signate for plunder? None. If 1 ever had so miscon- ducted m\self, do you think, Gentlemen of the Jury, you ■would not have heard of it during this trial? Do you not think that the prosecutors, with the whole Treasury of England at their back, would have found it out, and made me answerable for it this day ? I never in the whole course of my life used a single expression that had a tendency to induce the humbler v. alks of life, or the lower orders as they are denominated, to obtain a single farthin?, except from the fruits of their own honest industry. The Re- porters who have been examined, all prove that I never used a single phrase but what was an exhortation for peace and order. Roger Entwistle alone says, I pointed to the soldiers and said, " there are your enemies, get them down, and when you have them down, keep them down." Mr. Horton says, this was not addressed to the soldiers, and I will prove to you, that 1 could not, from my position, have seen the soldiers at the time. So much for Roger Rnt- wistle's fact. Xext came the charge of martial array and wooden muskets— the symptoms of violence and disorder — not a single bludgeon is produced — not a single individual in that immense crowd offers an insult to any one. Mr. Green, Mr. Phillips, and Mr. Ilardman come here and declare their dread of the meeting without healing a single expres- sion used to justify their alarm. In this immense popula- tion, consisting of 60 or 70,000 people, you have only spo- ken of in evidence four or five verbal insults, and the princi- pal of these too used before the people entered Manchester. One man said, " Manchester would be made that night a second Moscow;" and yet see the impression this awful denunciation made on the witness who heard it, a man who had at the time his wife and children in the xery town that was so soon to be in a state of conflagration, and yet what r.fiQct did it produce upon him ? Why he remained pursuing ins ordinary occupation in the factory where he was at 152 work ; he felt that it was an idle and ridiculous phrase, and being under no alarm for his family, he never cared about returning to Manchester until his regular hour at night. Do you ihink, if the man thought 'he observation any thing but a vain boast, he could not, unless be were a monster, have re- frained from flying before that populace, and rescuing his wife and children from the impending danger? Then comes Mr. Francis Phillips. He, it seems, rode out to Stockport, and eying a man very close, who had got a stake or a club in return, and therefore denounced the meeting as illegal. This was theauthorofthecelebrated pamphlet, a manwho had done more to circulate the grossest misrepresentations re- specting the Manchester business than any other man iu the country. Mr. Phillips tells you he returned, and made certain de- positions before the Magistrates. But yet, from what had fallen from the other witnesses, it would appear, that so far from the danger arising on the morning of Monday, in the eves of the Magistrates, they had actually met on the Sun- day, to try and frame depositions upon the subject ; but not being able to agree upon the point, had deferred the matter until the following day. And vet they tell you they never felt alarm until the morning of Monday ; so that their alarm appeared iu the result to be, not sudden and imminent, but the counsel of two days. The great discussion — the great arrangement, was how to break up the meeting without reading the Riot Act — the famous Riot Act. The counsel for the prosecution did not bring a single witness to prove that it had been read— they knew very well that if they attempted to do so, the evidence of the individual would have been kicked out of Court, They knew it was never read. I did not nut the question to Hulton, because I knew his answer would have been " Yes, bang." Mr. Jus'ice Bavlcv ■ — " You cannot know what his an- swer would be, Mr. Hunt."' But though I did not put the question, 1 got full enough from him in the cross examination, that no such thing had been done. 1 made him to all intents and purposes swear that no Riot Act was read. I asked him, " Did either you or any of your brother Magistrates go forth and caution the people that their meeting was illegal.'' Did you give them any notice before you dispersed them ? Did you try to persuade them to desist from what you thought was their object, or make them in any way believe that you intended to drive them away by force ? " No," said Mr. Hulton. I, continued Mr. Hunt, knew that the Riot Act was a notice— 153 that it was a proclamation to the people. I put my question* therefore, so as to get the answer without hinting to the witness the fact I wanted to extract from him. I knew that no Riot Act had been, from first to last, read. Mr. Scarlett knew that, and he did not venture to ask the question. He knew the impression produced in the House of Commons by that circumstance, and how it reverberated throughout the country. Why not call the Rev. Mr. Ethelstone I Did not the Learned Gentleman know that Mr. Ethelstone sent in a message to the Oldham Inquest, that he could prove he had read the Riot Act ? He sent in the message, but he did not dare go before a Jury and swear to the fact. Where were Mr. Trafford, Mr. Tatton, Mr. Hay, Mr. Norris, Colonel Fletcher, Colonel L'Estrange, and all the other gentlemen who were present, to prove the reading of any Riot Act 1 They knew what Mr. Hulton had sworn, why not then have come forward either to corroborate his testi- mony, or supply his deficiencies? Mr. Hay, indeed, did not wait ; he put himself into a coach, and drove off from York instantly ; we were, I suppose, expected to follow him with a subpoena. I am too old a soldier to be caught by such a manoeuvre. Nature has given me common under- standing, «nd I have seen a great deal too much of the con- sequences of bringing a hostile witness into the box for an examination in chief. But if they had put him up at the other side, as they must have at first intended, by bringing him here, then, indeed, I should have given a Jew's tye for his cross-examination. This was the Mr. Hay, who got a living of 2,500/. a-year for his conduct in this business. If Mr. Hulton get his reward for his share in the service, there is no gift the Crown can bestow too great for his de-crts, Mr. Hulton is truly, Gentlemen, the boldest man I ever saw. I know and feel that wh«n a man of rank and character speaks before a Jury of G nt'cuien, to facts, his evidence is necessarily calculated to make a stronger impression on their minds than when the same information is derived from persons of meaner consideration. True, the rich and the poor man are equal in the eye of the law. But still levin see the different impression which will be made by the same circumstance reaching your ears through a different channel. It is, perhaps, natural snd proper that more weight should, in such a case, attach to what falls from a man of rank and properly. The common feelings of our na- ture, in a certain statiou in society, induce us to aive a pre- prindt-tiitin? weight to the testimony ol ourtquals, in prefer- ence to oWmn, mv\ makes us iffleci that a pi-rs< u so placed 154 has a great stake in maintaining his integrity, and that if Ji£ forget what he owes to his owa conscience and his God, he must expect, as the consequence to forfeit thelrank and con- sideration he holds in society, and that when such a man, be his rank what it may, becomes perjured, he falls to the earth. I shall bring the most unequivocal testimony before you that Mr. is a man. Th;it he has told you that as a truth which has not the least shadow of proba- bility. I know you will not take this from my mouth. I am aware you will require the strongest evidence to convince you that a man of his station could be guilty of that which I charge him with. But if I do not prove what I now say, let me be the villain that I am not, and he the innocent man. To prove what I say, I shall put in the box, not men of humble station, but men in the higher ranks of life— men totally un- connected with the Manchester meeting — men of equal rank and character and education with himself, and of ten limes his property — men who cannot in any manner be pointed out as partisans of the people, assembled on the KJth of August. They will prove that they had every means and opportunity of watching that meeting, and that they saw no brandishing of cudgels, no flinging of brickbats, m* facing about upon i he inili- tary.no cuttingoffthe yeomanry. Not one of these acts did tlicy see - not one of them, if they had been committed, could have escaped their attention. Xot one finger did they see raised against the yeomanry when they advanced to arrest the persons on the hustings. When I prove all this, and not until then ; but then I shall call upon you lo dismiss from your mind the whole of Mr. Hulton's evidence upon this point. I repeat, that if the ease merely concerned myself individually, 1 should have this evidence rest upon its own improbability. I'd lei it stand as it does, totally uncorro- borated by the whole weight of a Treasury j. ' >secution ; but the question involves more than a verdict of guilty or not guilty upon the defendants now on trial : it will decide no less a question than this : whether, hereafter, there shall be a particle of rational liberty left in the country'? You will decide whether the meetings of the People, or of Gentle- men like yourselves, shall in future be under any other or better security than that you shall rot he c:it down by sabres, or than the discretion of any hot-headde young magistrate ? You will have to say whether in future it shall be lawful for anv such person to send among a mixed meeting of men and women, and children, a set of drunken, infuriated yeomanry, to inflict upon them, while peaceably ar-ssembled, military execution 7 I am charged with, being guilt v of the grossest loo misrepresentations upon ihis subject. You have now to ascertain at which side the grossest misrepresentations have been given. I shall now call your attention to the main points urged by the witnesses for tbe prosecution. Lomas, the Cheshire yeoman, who was actively engaged riding between Stock- port and Manchester, from seven o'clock on the morning of the 16th August until two o'clock, had not had his attention, he says, drawn to any particular act throughout the whole of that time. He appears to have been merely called to shew that the Cheshire yeomanry, though they bore off the spoils from the field, had taken no part in the honour of the bat- tle. The people were'fled when he entered St Peter's area ; and yet, according to Mr. Hulton, tbe people were on the spot at the time, and encircling the yeomanry cavalry, when the 15th hussars and the Cheshire were, accordng to Mr. Hulton, sent to their rescue. Next came the evidence of the Mushroom Serjeant, who heard Mr. Bam ford address the Middleton division of the people, and tell tbem that he expected no disturbance, at least until their return. Now it will be proved that no such words were ever uttered by Bam ford ; that he never said " the day is our own ; and that the explanation he gave of the banners was the real fact, namely, to prevent the people from straggling about among other divisions, and straying behind in public houses, or idling instead of coming home. Then came the midnight drilling, yet, except in the case of the police runners' ac- count, this was done not at midnight, but in broad day. It was said, " why call in the adjoining people to a Manches- ter meeting ?" To this he would ask, why had the Borough- reeves aud Magistrates, in 1812, just in the same manner convened the 24 townships and people of the neighbouring counties, to congratulate his Royal Highness the Prince Regent on the prosperous and happy state of the country, at a time when they knew the labouring classes in that very district were suffering, from the pressure of the times, the greatest distress? That advertised meeting in 1812 did not take place, because the Boroughreeve heard that some inde- pendent man meant to oppose the thing and the authors of such a delusion upon the publie. If to convoke such a meeting was not a conspiracy in the Boroughreeve, how eould it be in the people last year I They had heard what the Learned Counsel said in allusion to the Corn Bill, and the banner, " No Corn Bill." He well knew that you were country Gentlemen, who might perhaps have certain strong impres- sions upon that subject ; he well knew how to make uears ago, when the Learned Counsel met so prominent a defeat. If the Learned Coun- sel had finished his climax about the picture and the eleven days, he would have thought something of Hunt and his companions, who were confined for eleven days and nights ; and if they were, in a moment of desperation, to ring in his ears, " Give us back our eleven days of swiet liberty," there would have been some sense in his making restitution for the loss, and compensating us for being robbed of our li- berty ©n the most groundless and false pretences. That wonld have been more applicable to our case, than the introduction of Hogarth's picture of the eleven days, or of a county election. Then, from this we are carried to Smith- field, and there 1 must say a word or two. How comes it that the Learned Counsel for the prosecution is placed in this situation, when one of the most important questions ever agitated in a Court of Justice, or submitted to the consider- ation of a Jury, is brought forward? How comes it that neither the Attorney-General nor the Solicitor-General are here ? Perhaps you will be told, because the defendant is little better than a country bumpkin, not worth while to combat, or some mere country squire ; and they say, " oh, we can manage him." Is this the case ? — No. If the Attor- ney-General were here, I'd call him, place him in that box, and make him prove he was consulted by the Lord Mayor and others as to the legality of the Smilhfield meeting ; that he declared it was legal ; and that between the 9th and 16th of August, Mr. Hay, of Manchester, also consulted him as to the meeting of the 16th. Mr. Justice Bayley — That, Mr. Hunt, could not be al- lowed in evidence. Mr. Hunt — My Lord, I would have tried the experiment. Mr. Sergeant Hullock — No doubt of that. Mr. Justice Bayley— If the Attorney General had been \o9 here, whatever his opinion might be, he thould take the law from me. Mr. Hunt— We should have asked him many questions, and from Mr. Hay also. Mr. Justice Bavley — This does not bear upon the present caie. I would not allow evidence to be brought to that, and therefore it should not be stated. Mr. Hunt — It is my imperious duty to remove those im- pressions which have been so erroneously made in the obser- vations that have fallen from the Learned Counsel in the opening part of his speech, and which have not been proved on oath : I know that he is Lord of the ascendaut on this Circuit, and as any thing he says must have great weight, 1 am doubly called upon to guard the Jury against taking his assertions as facts which have not been proved. If I make any improper complaint on this head, I am sure I shall be excused, when the condition in which I am placed is taken into consideration. 1 applied very recently to the Court of King's Bench on the subject of this trial, perhaps it was an imprudent complaint, but on that occasion he was arranged with the other Learned Gentlemen against my application. Mr. Scarlett — If it be necessary, 1 have no objection to give Mr. Hnnt an opportunity of explaining that transaction. If I had been applied to as Counsel, 1 would certainly have accepted the application. Mr. Hunt — We know there are two gteat political par- ties in tiiis country, who have given their opinions on this sub- ject: and as it is well known that the Learned Counsel is attached to one of these great parties, was he not selected in case of any little leaning, little leaning, I say, being found in any of the Jury who were on the same side towards me, to take from me the benefit of their good opinion 1 I am jure, Gentlemen, it could not haveeseaptd your observation, that the principal part of the case on the side of the prose- cution fias been to connect the persons who met at Man- chester, with the atrocities, the dreadful atrocities commit- ted at White Moss. I know, if it could be proved that such a connexion existed, we would be legally and rightly responsible for the conduct pursued there. For this pur- pose, Chadwick, the witness of all work, is brought before you ; and he swears he never knew the solicitors for the prosecution until about ten days ago, until within ten days of this trial; but what does he prove affecting us? Why, because the Learned Counsel in his opening, said something had been done ; and so he sets off by night from Manches- ter, and arrived bv dav-licrlit at White Mn;s, Well, he too travelled at all events at the dead of night. He swears that what occurred there could be seen bv all who passed, and (hat theiv were from two to three hundred spectators present. Then a second witn ss — is he ihere al t lie dead of night? no; but he sets off from Manchester about twelve o'clock at night, and arrives at White Moss between two and three o'clotk'in the morning; but he a-rives on the oth-r side of the Moss, and not at that side where the drilling was going forward. Shawcrnss, another wiln^ss, starts off about the same time; but it comes out, in his cross-exan.in ition, that he did not arrive at t lie place of drilling until four o'clock in the morning. They all travelled in the dead hour of t':e night, and staid there till about se- ven o'clock. Next conn s Hayward, who arrives between six and seven o'i lock ; they heard no firing whatsoever; they only saw marching and training. Well, how is all this to connect us, who are the defendants, with the drilling at White Moss ? — Oh, says the Learned Counsel, I'll inform Mr. Hunt, and I shall tell him how grossly and criminally 1 can connect him with it. How is it done, however ? Why the only possible proof given of any person's being at the Manchester meeting, who were ::een at White-moss on that morning was, as to the man who headed the Middleton division, and when I asked him who that man was, he could tell me, Bamford; but when Bamford was sitting in this Court — oh, then, he knew very well no such thing happened ; and no such thing did happen. — But if there exists the shadow of a doubt on this subject, either in the mind of your Lordship or of the Jury, we will prove to \ ou that Bamford was at home and in his bed until nearly ten o'clock that morning (I believe it was on Sunday morning), which perhaps made him lie there so long. Bamford, 1 admit led up the Middleton division, but did that connect him with the atrocities at White Moss? Certainly not. We have here a witness by accident, a cou- sin of Bamfcrd's, a girl 15 years old, who lives with his fa- mily, and who was one of those that went with Bamford's wife and others to Manchester arm in arm, on the day of the meeting — who saw Bamford pull off his shoes, and throw them under the table, and then go to bed. She went to bed at 11 o'clock, got up the next morning at six, and his shoes and the clothes be had taken off were then in the same situation in which she had seen them the night before. The transactions at White Moss flew like wild-fire through the countrv, and well they might; and they produced all that disgust and horror which every honest man should f, el on su< h an occasion. At r.ix o'clock in the morn- 101 ing she saw Bamford, with his wife, in bed, and told him of the occurrences that had taken place ; we have found out that witness of all work, Chad wick, we have discovered who and what he is — we know he is a character not lo be be- lieved upon his oath, and we have evidence to prove that in the presence of his feliow-shopmen he declared he would swear for any man who would pay him We know him to be a manufactured witness, and have sent for people to prove him unworthy of credit. The next tiling is Hay Ward who said he saw the Middleton division go towards Smedly Cottage, and why ? because he was told I was there. So that, Gentlemen, you see, if the dove-lad did not fit one place of the machinery, it would surely fit in ano- ther. But in his examination it turned out, that the cottag 1 wiiere I was, was a mile out of the road to town, and so much for that connexion. But somebody who was at White Moss was going to Manchester, I do not doubt it; perhaps his own companions, perhaps the very persons who attended before the Grand Jury at Lancaster, when the Bills were found against us. — Another attempt to connect the link, and what is it ? Why, that the multitude at Withy Grove stopped my carriage, and that I commanded the peopie to hiss at the house of Murray. Where is the proof of this? What does Murray say I — that the carriage halted ; that I looked out of it while the hissing proceeded : and if I did, what was more natural than to ask why the people hissed 1 Then I also bid them cheer; and what was that for ? Was it to please my vanity ? — No. But seeing the people so disposed, it was to divert their attention, and to prevent the continuance of that line of conduct they were pursuing. No witness confirms the most important of all important facts, that Hunt stopped his car- riage, looked out of the window, took the command of the people, and desired them to hiss. Murray says, when they hissed, no carriage was there ; and of course 1 could not have taken the command, Mr. Justice Bayley — You are wrong, Mr. Hunt, as to the evidence of Murray. Mr. Hunt — I suppose Murray to have said a carriage was there. 1 shall prove to you his memory to be incorrect; I shall prove to you that on Sunday, the 15th, in which he alledges a Magistrate to have taken his deposition, no such deposition was sworn to, but sworn to several days after- wards, namely, on the 21st, he did not swear positively that the person in the carriage pointed up at his house ; but sup- pose he did, if I saw a disposition of the sort manifested, it \6'2 was but natural that 1 should look up and see what had attracted so much of the hostility of the people. Suppose it true, was that halting — was that taking any command — was that desiring the people to ill-use Murray ? 1 hope, Gen- tlemen, in what 1 shall still have to urge to your consider- ation, that I shall not make the slightest misrepresentation either to save myself or the defendants who are now joined with me. When Murray was asked, if he said, " he'd be better pleased to go home in a boat rowed in the blood of the Reformers, than to walk home on the pavement," he feared to say so. When also asked if he ever said, " Were he a General on the lGth of August he'd destroy all the " b y Reformers;" he recollected Chapman's going to Liverpool; when he found the many persons who were here that knew him, he answered "No." First he swore that he was quite sober ; and then, as such expressions might not suit with a sober man, he Mas tipsy, he was a drunken fellow ; he was any thing that could stem to palliate the oath he had taken. If, however, (he point to be made by Mur- ray's evidence is good for any thing, 1 am sure the nature of his testimony will destroy it in the minds of any twelve ho- nes! men. We cannot put a man into that box to prove his expressions ; I know it would not be legal, and is not there- fore competent to us to do so. But this man, Gentlemen, is one of the partizans of those who said he would not be- lieve the reformers on their oaths. This is the amiable, the enlightened language of those who are sent as evidence against us. Well, on goes Mr. Hunt, he comes to the Ex- change, and then is taken up to the Star, whose name I no more knew to be the Star, than I know the different Stars of the firmament. The people hissed at the house of a respect- able man ; but there was no Hunts halting and taking the command and urging the people to continue such a conduct. Is there any proofl did any of these things? No; but there is proof of the reverse. A respectable Clergyman swears that the Magistrates were not then there; Hulton says they were not there; so this falls to the ground. Gentlemen, I would here entreat you to divest yourselves of those false impressions which have been so falsely instilled into you; you have seen, and you must see, not only that an attempt has been made to destroy me, but to impose on you, and to get, by these false representations, twelve as honest and as honorable men as ever trod the earth to violate their oaths. M-. Justice Biivley— That is very wrong, Mr. Hunt. 163 Mr. Hunt — I challenge Mr. Scarlett to shew his brief. Mr. Justice Bayley — That connot be doue. Mr. Hunt. — I hope your Lordship will excuse me, but a man having so much at stake as I have, and placed in my present situation, cannot always measure his language, or methodise his thoughts. But, Gentlemen, you shall see, ar»d so shali his Lordship see, bj r my conduct on this day's trial, if I be that violent demagoijue, that cruel, deceiving man I have been represented to be. Yes, Gentlemen, you shall judge if aught that occurs this day can justify this ca- lumny. 1 feel myself incapable of doing any Ihing contrary to the feelings of a man, an Englishman, and a gentleman; and if J do, let the whole weight of such a conduct come against me. If 1 go out of the course, if I give any resist- ance to authority when fairly administered, I beg you will let it go against me." (Here he referred to the speech of Mr. Scarlett, as reported in one of the London Morning Papers, in which he was charged with stopping at Murrays, and the Star Inn, and as abetting the hooting at thfi house where the Magistrates were assembled, and continued), " Look at the respectable clergyman who stood in that box, and I'm sure 1 treated him with that becoming respect due to his situation ; but what did he say ? did ho say that the people in the coach hissed?. — certainly not. Mr. Justice Bay ley. — He said the coach stopped and the people hissed. Mr. Hunt. — But not, ray Lord, that those in the coach had hissed ; he saw no military car, that has now become a barouche ; but that respectable gentleman, if I had got up and halted and pointed to the house, and hissed, would cer- tainly have seen it ; and on that he says not a word in con- tradiction. Then, Gentlemt.n, a»aiu 1 entreat you not to trust to those misrepresentations on my conduct which have been so profusely laid before you. Then came Barlow, v ho proved that when passing Deansgate there was a shouting by the people ; a shouting, that is also made an offence ; but where is the proof that those in the carriage joined theshout? Why are charges like this to be accumulated ( What can be their object, if not to misrepresent me and the other de- fendants 1 Edward Simpson, who lived near that place, did not hear any noise at a quarter before one o'clock, but it is scarcely necessary to go much into his testimony : it amounts !o little any way. Then as to Matthew Cowper, and those who follow him. You have heard of a poor fellow who was a lunatic, confined in a lunatic asylum ; of the mushroom btrjeant, who acted in such a manner that his oath \5 not to part 6. - Price Sixpence. I s. 164 be believed, and who told a fine story of his having gone to Ireland, when, in point of fact, he said so merely to disguise his being a deserter ; and next of Cowper, who admitted his being turned off from his employment about fourteen years ago, for the robbery of his master, but who within the last few months, since this prosecution commenced, was em- ployed by a Committee of those who gave their evidence against us, and since then, and not till then, was able to re- pay what he had stolen. You have heard of these men, Gentlemen of the Jury; these are three men who have been brought up in one day for the purpose of supporting this prosecution. A lunatic, I say not so to disparage him ; it is much to be lamented, it is a great misfortune to liim, but such is the man called upon to prove *ome expressions of Dr. Healy. If the proofs that such expressions were used was deemed a matter of any consequence, why was not bis wife, who was always sam», who knew so much of these trans- actions, why was not she called to prove them: They were not used, or if they were, they were of no consequence. Thus, Gentlemen, to prop up the cause, you have a lunatic, a deserter, and a confessed thief. The Learned Counsel may say, what wonderful discoveries we have made; he may af- fect astonishment at our finding out what we have done. I can tell him we have no public purse at our back, enabling us to discover them, but that they were recognised by persons who knew their characters, and then sent me in the account on a slip of paper, of which 1 have not failed to make some use. Cowper knew he dare not contradict the fact of his having robbed his master, for we have a fellow servant of his to prove it. Then he comes as a reporter, to the hustings, and tells you first, that he went thereof his own accord ; but that was a sort of under-play, and it then con:es out he went ihere for The Courier. He and his friend Roger Entwistle, are at variance, and they again differ materially from another of their amiable and proper associate?. All who reported on that occasion differed, except in one point — that I said to the people " Put them down, and when you have them down, keep them so. What says Roger Entwistle? That I said, as the yeomanry were advancing, " there are your enemies, if thev attempt to molest you, put them down, and when down keep them so." The others did r.i ' . . . M-; no, thev could not swear so well. Next comes .\! !'ait, the gentleman so intimately acquainted .... il.cjlitiisht. Ail he had proved has bee;: contradicted over and over again, but whether ii i a- or not, we shall be able to disprove it, He swears at one time he saw Saxton on ] 6-'> t lie hustings for half an hour, and at another time for an hour and a half. Then as to Bamford's being on the hust- ings after my arrival we shall prove it to he false, and that he was s'anding in the midst of the crowd during the time 1 was there. It was necessary, however, to connect him with the proceedings, and of course we wished to have him on the hustings. He also swears he saw Moorhouse on the hust- ings, a man who never was there, who never intended tp be there ; (not that I admit for a single moment there was ei- ther disgrace or crime in being there), and who, I believe, did not even think of attending at the meeting. Here there is one circumstance which I must beg leave to reeal to the attention of your Lordship, and of you, Gentlemen of the Jury, as to the testimony we extracted about the flimsies. 1 allude to an occurrence that took place in this Court — an occurrence that never should be tolerated in a Court of Justice, upon a question which I asked Mr. Hulton. A ge- neral sensation pervaded the Court, and one man, who clap- ped his hands, and made some other improper demonstra- tions, was taken, but not hurled to prison, as I have seen men treated on other occasions, very often, indeed, but upon oath taken as to the fact Well, but it is not a little re- markable on this occasion to see who appeared to stat« the facts. Now who comes forward — why Mr. Piatt. He hears it said, [the man had clapped his hands, and he in- stantly comes forward to swear it. These are the sort of men we see who come forward against us ; but this is not enough , another affidavit might be necessary to the fact, and he looks up to the gallery, and there he finds another of his brother witnesses, for whom he vouches, that he can also swear it. Worthy witnesses indeed ! Why, Gentle- men, when such persons are employed in any prosecution, can you rely upon the motives that have produced or give your belief to the instalments engaged to sustain it ? Plalf, you see, was not tired of swearing; and I don't know but he'll b.; as successful here as in his prose- cution of the Jlimsey business, for in that he never failed of nailing those against whom he had appeared. Ellis and Cowper and another reporter, differed in their ac- counts of what occurred, and for one, certainly, if his levity did not induce him to send forth all that was said about the cavalry, would not fail to do so from his malignancy. Then Ellis swears to what Mr. Green and Mr. Hardman tell him they saw, yet lie was on the ground, but his testimony amounts to nothing. I am placed, Gentlemen, in the very unpleasant and unfortunate situation of being inc> wer anil explain as fo Moorhouse, what a Learned Counsel took considerable pains to mystify. The Learned Gentle- man usually mistook, or he did perliaps what was worse, but quite usual with Counsel to do, endeavour to make the Jury mistake. He appeared as if he liad in his hand an issue — Mr. Justice Bajley — This comment is unfair; it is not al- lowable, it is uncalled for. Mr. Hunt — My Lord, if the mode of defence adopted by the Counsel for M r. Moorhouse, tend to commit me, I con- sider myself entitled to comment upon that procedure. I felt a thorough conviction in my own mind that the proposed meeting of the 9th was not illegal. I felt assured, because I knew my own disposition, that if I presided nothing illegal should take place. Presiding as Chairman, I should not have allowed it. What could be the object of endeavouring to connect the meeting of the 9th with that of the 16th ? the former was given up. The thing was quite at an end. How, then, could it be represented by the Learned Counsel, as a question of law between me and the Magistrates of Manchester, as a subject to be discussed on the lGth, which Mr. Moorhouse was desirous of hearing? It seemed as if such observations were calculated to convey to the Jury the same sort of impression sought to be produced from another quarter. I am accuser! of staying a whole week in t lie neigh- bourhood of Manchester after the 9th. This is evidently in- tended to shew, by implication, that I was concerned with the other parties in a conspiracy, that I was connected with all those plans, all those secret meetings and drillings, all these honors which arc represented as certain to arise from the meeting of thel6th, had not that meeting been dispersed. With respect to the placard issued by the Magistrates, for preventing the meeting of the 9lb, no person who saw it, and had the slightest acquaintance with grammar, could deny that it was foolishly worded, that it was perfectly ridicu- lous. It was to this circumstance L alluded when 1 spoke ot the nine tailors. 1 can prove that, two days before the Oth, the meeting was called by 700 of the inhabitants of Manchester. Under such circumstances, 1 no doubt ex- pressed regret that it was put oil'; but so far from intending to be present at that appointed for the I6th; so iar from re- maining, as was represented, about the country for the pur- pose of presiding at it, 1 c:m bring witnesses who will leave no doubt on your minds, Gentlemen of the Jury, that 1 was determined not to remain, that I stated distinctly it would not be in my power tc remain. I vent to S medley Cottr^c, drA rny servant will prove to you, that when ! came to Bui 1(J7 lock Smithy, It was my intention to return, and proceed home wards. The manner in which I was induced to stay, shall appear in evidence ; the solicitations that were used, the persons who used them, and the motives that prevailed on me to comply; I feel pride in this heart, 1 am delighted at the thought of having remained, I should to the close of life feel compunction, I should ever accuse myself, had [ not performed that duty to the puhlic, to my Manchester friends, and to that great body of people who assembled upon the oc- casion. 1 should for ever blame myself had 1 not stayed to exercise all the influence 1 possessed for preventing those dreadful consequences that followed, and the still more dreadful consequences that might have followed. I suffered in my own person ; I suffered most seriously ; that I do not regard. I was placed in solitary confinement; I was assailed even while in custody, with the most violent blows; and be- ing immured for eleven days, while endeavours were making to trump up a charge of high treason, I demanded that the warrant under which I was detained might be shewn me ; it was refused; I freqnently asked for it, but it was not pro- duced. At length it turned out that the charge against me amounted only to a misdemeanour; a bailable offence, Gen- tlemen of the Jury. I offered bail; two most respectable, men, a Mr. Grundy and a Mr. Chapman, the former an in- dependent man, a person of the highest respectability ; it was refused ; f was hurried down to Lancaster, and con- fined unnecessarily for 24 hours. Whatever were my suf- ferings, had they been ten times greater, had I undergone the worst that malice and persecution could inflict, it shall never deprive me of the satisfaction 1 feel at having done my duty, at not having acted in such a way as must have placed the people of Manchester in such a situa- tion that. I hey could not now have me making their defence as 1 do. 1 can bring forward witnesses who shall prove to vou, that during the week I remained at Johnson's, [ never Went two miles be} end the house, though I had many invi- tations from various gentlemen of respectability in the neigh- bourhood. If I went neither to Middleton, to Rochdale, to Bury, or any other part of the neighbourhood of Manches- ter from which the various divisions were said to have marched on the 1 6th, how can it be said, how is it possible for any twelve men to say that I was, during all that time, arranging the ramifications of this great conspiracy? Ano- ther circumstance that proves most clearly the innocence of my intentions is this :—On the Saturday previous to the meeting, 1 got intelligence that a warrant was issued for my 168 apprehension; 1 went to the Magistrates of Manchester; I informed them it had come to my knowledge that a warrant had been granted for some offence, or supposed offence; the overturning, as I heard, of a Avoman with a basket of eggs by some persons. I was told that there was no warrant against me ; Mr. Nadin was called; the question was put to him ; he said there was no warrant against me, no intention of issuing it. I mentioned that the information was brought to me by one of the Police, and the answer was, who is it? Tell us his name, that he may be punished. Upon hearing that there was an intention of apprehending me, a friend of mine, a man of opulence and respectability, went to the office, and avowed his readiness to give bail. lie was in- formed that there was no such tiling, no such intention, nor any ground for it. Did J not, by acting in this manner,,, treat the Magistrates with respect? Did this shew any dis- position to insubordination, any wish to disturb the public peace ? Did I not, on the contrary', by thus acting, give proof of the manner in which I was disposed to treat the Authori- ties? I have been for many years an extensive farmer, occu- pying large portions of land, engaged in a variety of business, in the course of which, whenever an occasion arose, a Magistrate had nothing more to do then send me a note, and I always attended. Was this to treat the Authorities with disrespect? I could not shew them greater respect than by going immediately when I heard there was any charge against me, inquiring what the nature of it was, and professing my readiness either to give bail, or to act in any way most con- ducive to the ends of peace and justice. Is such conduct a proof how 1 would treat the Authorities? Yet, it is a strong proof in my favour. What did I do after the meeting appointed for the 9th was prevented? I confess, that circumstance occasioned great agitation ; it produced a strong impression in Manchester and the neighbourhood, but did I leave the neighbourhood upon this occasion ? Did 1 fly to avoid any inconvenience that might arise ? No, I re- mained ; and mark, Gentlemen of the Jury, this was imputed to me as a crime. I remained, and for what purpose? 1 shall prove it by undeniable evidence, that 1. stopped to do every thing in my power, to exert all the influence I pos- sessed, for quieting the minds who were irritated, on finding that the meeting of the 9th was prevented. This I shall shew, as well from the advice I directed by letter to the people, as from oral testimony. [Here Mr. Hunt read from some newspaper an address to the people of Manchester, exhorting them to peace and order, 169 and calling on the magistrates to set them right if they were in error.] This is the way in which I treated the authorities. I in- vited them, I begged of them to come among the people when they assembled, to watch their proceedings, to see whether any thing improper was said or done, to instruct them if they were wrong. I can now, after all that has occurred, lay my hand to my heart, and say, with pride and pleasure, that there is nothing connected with the meeting of the J 6th for which I feel a moment's regret or remorse, except that which ensued from the violence with which it was dispersed. You, Gentlemen of the Jury, have heard the evidence of many persons, some of them, no doubt, honourable men, stating that they felt alarm. One of them, a Clergyman, Dr. Smith, did, however, under the influence of such a feeling, one of the most extraordinary things that could be easily conceived ; a thing which, I imagine, must prove to the mind of any un- prejudiced person, that his alarm could not have been very great. After Mr. Phillips and others had given in their de- positions as to the fears they felt for the public peace, Dr. Smith sends home to their friends, through the streets of Man- chester, the children under his care. Had he felt any apprehen- sion of serious danger; if there was any likelihood of hostile in- vasion, any fear that they must encounter, on their way home, such difficulties as might have rendered it, I will not say peri- lous, but even greatly inconvenient, was it natural to suppose that he would allow them to go into the streets, to encounter the hazards of a mob, or to mingle with the atrocities they might commit? Some of the witnesses were intelligent and respect- able. It will be my business to produce witnesses equally respectable, equally intelligent, and perhaps equally nervous, wha shall prove to you, that upon this occasion, they lelt no alarm at all. 1 now come to Jonathan Andrews, with his large sticks, mounted on the shoulder, hke muskets. He and Mr. Hulton were the only persons who deposed to this circumstance of the sticks. Andrews spoke particularly of the Lees division, consisting, he said, of 3000 most of whom had sticks four feet and a half long, which they bore upon their shoulders. Next came Joseph Travers, who was, it would appear, appointed to count tiii3 division. He said that he felt no a'arm, and he did not speak a single word about the slicks being shouldered. As to Jonathan An- drews, he is an opulent man, in a respectable situation ; no person could suspect him of misrepresentation ; what he said, however, with regard to the sticks, the black flag, and the party that bore it, was contradicted by every other wit- 170 ness. 1 shall therefore say no more about him. As to the last gentleman, connected with The New Times, who gave evidence upon the present occasion, it is not necessary to say much about him. He was called only for the purpose of proving a fact ; but Gentlemen, you will please to ob- serve, that he proved his having attended meetings at which I either presided or was present ; that he never heard me urge to violence or breach of the peace ; that nothing of the kind ever occurred upon any of these occasions. You saw the manner in which the other geitleman connected with that paper gave his testimony, and I beg of you to attend to the way in which the account of this transaction came before the public. It was first sent home by the reporter, and then manufactured or doctored just as the Editor pleased. I hope this sort of testimony will have but little effect upon your minds. I shall pro\etoyou by another reporter, who was present merely by accident, to whom I was utterly unknown, whom I never saw before that day, that the re- presentations made by other reporters are in many particu- lars totally false. I shall shew you, by testimony of which you can entertain no reasonable doubt, that the motives assigned for locking arms and removing the hustings are completely unfounded. You will see that Joues was employed to erect, with the assistance of two carts, the best and most convenient hustings he could. I will distinctly shew, that at a former meeting, in conse- quence of the pressure round the hustings, they were broken down, that much mischief ensued inconsequence, and that the only object they had in locking anus was to preclude the recurrence of similar accidents, not, as was stated, to prevent cavalry or corruption from\-oming in; for me, 1 de- clare, 1 never saw or suspected any.thing of the constables. I had no idea that they meant to arrest auv person present, not the slightest suspicion that there wouid be the least tu- mult or disorder of any kind. lean prove that neither at the time [ arrived on the lieid, uor before it, did I entertain any suspicion that the military would act. It nerer entered my head, I can prove. I can prove that a few of those who surrounded the hustings were locked together, except at that part where an approach was opened for the constables. There was at the back a body of constables, from the public- house, called the Windmill, up to the hustings. They kept a free passage, and there also it can be proved, that there was no locking of arms in such a way as could interrupt them in their approach. They passed easily up and down; I can prove, that any intmbe/of constables, however emu!', 171 ■cnt, two, or three, might come up, and arrest whom they pleased without the smallest difficulty, They could come, at farthest, within 15 yards of the hustings, and any intima- tion of their intention communicated ?o me would prevent further trouble. Had I known that there was a warrant in existence, i should, without the least hesitation, have acted in such a manner as to prevent the dreadful consequences that followed. Mr. Hulton deposed, that he saw the first of the military who advanced, assailed with stones and brick- bats; that he observed sticks waved in the air to resist the approach of tho.se 50 drunken soldiers, who were Rent for- ward for no other purpose than to provoke the multitude, to trample women and children under foot. It can be proved they were seen, with their eyes closed, cutting at all those around them. If I can bring forward men of the highest respectability, totally differing in politics, men who were as near to the hustings as I am to you, Gentlemen, who saw even thing that occurred, my word is not worth a farthing, unless they prove that not one brick-bat, not one stone was thrown ; unless they prove, as L stated, that the military cut to the right and left without any such provocation. They were even observed urging on their horses to jump over the heaps of unfortunate beings that were lying before them, and to force a way through a solid mass of poor wretches that were desirous to escape, but had it not in their power. Mr. Scarlett submitted that the conduct of the cavalry formed no part of thecc.se. Mr. Hunt thought he had a right to allow the meeting was peaceable until the cavalry began to act, and that they were the aggressors. Mr. Justice Bayley— -I cannot allow you to ca'il evidence as to the. conduct of the cavalry, as it forms no part of the case at present. You may bring evidence to prove the quiet disposition of the people. Mr. Hunt — After the observation which has fallen from the Learned Judge, I shall not endeavour to proceed with the detail of those horrible proceedings. 1 shall confine my- self as much as possible to the direct case before you; and although f am free to admit that 1 will at all times most wil- lingly listen to any admonition from the Court, yet that I will as boldly assert any thing that is likely to strengthen my case. 1 ought to apologise to you, Gentlemen, cad his Lord- ship, lor the indulgence you have shewn me in the course of this day, and the attention which you have exhibited to the evidence produced before you. I hop.- you wdl not think that 1 am trespassing upon you with an 3 tight or trivial cir- 172 cumstances, or that 1 have introduced any irrelevant matter. 1 will, however, trouble you with a few other observations, The Learned Counsel, in his opening speech, in describing the transactions at Middleton, stated, that Baniford was seen at the head of 1000 men, who bore all the appearance of a military body; but where is the proof of this assertion ? Had they any pick-axes, battle-axes, or fire-arms'? Had they any dark lanterns, or combustible matter 1 A few sticks, I un- derstand, have been brought to York from Manchester, that were said to be taken from the field. Hut why are they not produced i If they had done so, there might have been some pretexts for the Learned Counsel's asserting it ; it would have produced a conviction on the minds of the Jury, that such had been brought and used ; not one of the flags with their seditious and inflammatory inscriptions ; not one of the revolutionary emblems, as they are called by the Reporter of The i\e>r Times, have been produced, and \ et they are in the possession of the prosecutors. Where is the black flag, that emblem on which so much stress has been laid ? They have been all taken from us, and we were most anxious that the latter should he produced. 1 shall lay before you, Gen- tlemen, a model ot the flag ; I will produce to you the per- son who bought the calico ; I will produce to you the person who painted it, and he shall state to you, that he painted the inscription on it while white, but finding that the letters shewed through, and disfigured the others, the mottoes being written on both sides the flag, he found the only alternative was hy painting the flag one colour, and the letters another, and. such was th'' reason why this flag was painted black ; but I conceive the colour is of little or no importance. A black flag, 1 believe, is the colour of a pilot's flag, as a warning to all the world, and could any harm he construed from that? The motto, 1 allow, may be tortured into any thing, but I will tell yen, Gentlemen, thst " Equal Representation or Death," as used in this instance, did not mean that they would have it, or e. 174 Mr. Hunt continued — You must all recollect, Gentlemen of the Jury, those worthy me;* who spent an age in going about, endeavouring effectually to abolish that honible sys- tem, the Black Slave Trade. I mean their once worthy Representative Mr. Wilberforce, and many others. I have never heard it attributed to them that they were guilty of crime, and why should it he imputed to me ] If I am wrong, shew me how I am so, and endeavour to set me right, but don't construe my error into crime. I am pursuing those principles which will not suffer a man to be dragged from his bed, wife, or home, and sent to fight for his country, with out his having some voice in that Legislature which enacts the laws by which he is thus dragged from i;i» domestic feli- city and retirement. I advocate those principles which were so strenously pursued by those patriotic Statemen the Duke of Richmond, Sir William Jones, and several oihers. The Duke of Richmond's exertions were crowned by the highly-merited reward of Ids country, Sic was in consequence created Master of ( toxJnajice. Here the Learned Judge again reminded Mr. Hunt that he was travelling from the question, and that this could not be received in evidence. Mr. Hunt bowed and thus continued ; In IB J 7 I was called upon by some very respectable indivi- duals to attend a public meeting at Sp: fields. I knew no- thing of the prisms so requesting me, but I felt myself bound to attend their call. At this meeting Resolutions were adopted, and petitions agreed to, one to the Prince Regent, and the other to the Commons House of Parliament. It fell to my lot to have the honour of presenting the o.ie to his Royal Highness the Prince Regent through the medium of the Secretary of State, and the other to the House of Com- mons. The venal and corrupt press in its invectives lias branded uswith vulgarity, and accused us of being illiterate The progress of these petitions falsified those most false as- sertions ; they were received by the House of Commons, read and ordered to be laid on the Table. The Habeas Cor- pus Act was suspended in order to prevent the people from meeting; when that was renewed, a Bill was brought in to prevent their meeting but on certain conditions, namely, that no meeting should he held within one mile of Palace yard during the Sessions of Parliament, or while the Courts of Law were sitting. Meetings, however, where still held at distant parts, and without declaring their illegality, until the late Bills passed, which entirely put an end to all public meetings. "Mr. Hunt here read extracts from Lord Sid- mouth's speech on the Scdidous Meetings' Bill, which he 176 jfyled as no mean authority, although his Lordship was not a lawyer. Among other thing;, h^ called upon the House to adopt some measuies for the suppression of multitudinous meetings ; that it was impossible (o secure the Constitution from inroads without entirely putting them down, and further slated, that under the law as it now stood, there was no provision against meetings convened under the most alarming sympto.us, bearing ban- ners and flugs, and accompanied by bands of music, &e. There, said Mr. Hunt, I agree with his Lordship, I join issue with him, and wish to impress on your minds, Gentle- men, the nature of the observation ; it affords vou a criterion by which to direct your verdict — it decidedly shows that the meeting was legal, void 1 hat at the time it took place there was no law which made it otherwise. You have not to give a verdict which shall have the effect of putting down meetings of this sort, that is already done. It. might cer- tainly be an inducement in the minds oi'manv honest men, to give a verdict which should act as an example in future, but here none was wanted, t'.ou this .k, Gentlemen, of such conduct] It could be only done, and Mr. Scarlett knows it was done for no other motive, than to connect me with blasphemy and assassination, and with that detestable plot lately discovered in London, when the Counsel well knows, that I was singled out as one of their victims. I firmly believed that this (bigger never existed but in the tor- tured and fevered brains of Mr. .Scarlett and Mr. Warren. Mr. Hunt was here proceeding to read a paper, which had been circulated in the town, not sold, but given away, containing the substance of Mr. Scarlett's speech on the subject of this dagger; but the Learned Judge again in- terrupted him, and said, that if the papers had been impro- perly circulated, the person doing it would be subject to future punishment ; he could not suffer it to be produced; indeed the Jury by their oaths, were bound not to hear it, Mr. Hunt, alter stating to the Jury that the} were circulated with the most malicious motives, and with a view to prejudice him in the minds of the Jury, concluded to the following effect. Having said thus much, I think I should net dis- charge my duty to you, Gentlemen i f the '■ •;. . md his Lordship, did I not return my sincere thanks Cor the atten- tion you have shewn me; and I hope, it, tin cugh the im- mense mass of evidence produced, I have omitted any im- portant observations, that they will not be lost on you. — Indeed, I cannot contemplate that twelve men of your stamp and condition could, even if selected as tiie organs of corruption, entertain this question, and make up your minds to return a verdict of guilty. I take to myself the whole merit of bringing tins case before you; I sought you with confidence, and now leave my case with you with equal con- fidence ; even if I could obtain a fair Jury in Lancashire, I feel such conscientious satisfaction in my course, that I would willing!} have it left to them, but when it was proba- ble that Mr. Ilulton himself, or some of the \eomanry, with- out affording me a fair pretext to challenge them, might be called on the" Jur\ — it would ha\e been, indeed, sacrificing my own interest in submitting lo it, \ trial m Lancashire, under s \ioh circumstances, was svixuivpiou? with a vpr-di/vr 5 7? cf guilty, He was about to pass some personal observations on Mr. Flulton, when the Learned Judge again stopped him, by observing, " that Mr. Hulton's was a situation of a very dstressing and serious nature." Mr. Hunt continued — as Mr. Hulton's evidence is totally unconfirmed by any wit- ness, even a police officer, and wi'h all its contradictions, formed a material part of the case, 1 shall be able fully, by unquestionable evidence, to disprove every word he has said, 1 hope, to Nour entire satisfaction. As respects the banners and training, 1 have already told you the nature of the evi- dence 1 intend to produce ; with respect to the music, it shall be shewn you, that the greater part of the persons employed have been in the habit of playing in churches, and that the tunes they played were of the most loval character. I know the Learned Counsel has the opportunify of reply; 1 won't give him more credit, than his talent deserves. 1 know he possesses great influence here; but I conjure you not to be led away by his eloquence, and before you pay any attention to his observations, let him produce testimony to corroborate what Mr. Huiton has advanced, and let him explain what he meant by the dairsrer. Mr, Hunt said, that Wylde who had not yet' made his de- fence, was very ill, and that he declined addressing the Court. The following witnesses were then called ; EDMUND GRUNDY sivorn. Excminedly Mr. Hunt. I am not in any business. I live at Billsworth, near Burv, in Lancashire. 1 was a calico pr.nter, but have retired from hn-iness. I have not made any depositions. On Tues- day, the iOdi of August, 1 uas at Smcdley Cottage. I saw you 'here. I recollect a conversation relative to the then ap- proaching meeting. You said you were returning home imme- diately. I endeavoured to prevail upon you to stop tdi the meeting of the 10' h took place. Yon said, you would consider of it. 1 think I left you 'hen. Nuthh.g positive was de- cided on at the lime. I left a printed letter for you on the next day (Wednesday). I nest saw you on Saturday, the l4'h of August, at Smedley Cottage. I recollect communi- cating to yon 1 hat there was a report of a warrant being out against yon, and you sa ; cl it was so. In the course of the day I waited on Mr. Norris the Magistrate, in company with Johnson, the defendant. Mr. Norris is, I understand, the Chief Acting Magistiate. I told him if there was any charge aga:;;;t. Mr. Hunt, I would put in had for any time which he .chose to appoint, Mr, Norris said there was no information 178 or warrant against you, nor any intention of issuing one. I rsside about seven miles and a hv»lf from Manchester ; I was not in Manchester on the iGih of August ; L saw some per- sons goiuu tii-re, hut not so man} as is represented to have gone. I saw no persons armed. I have propeity in the neighbourhood, but nothing which occurred that day inspired me with any fears lor its safety. I have several relatives and friends residing in Manchester. I saw nothing on thai day, which gave me any apprehensions for their safety. Cross-examined by Mr. Scarlett. I was not in Court today before. I knew Mr, Hunt about twelve months' since. I dined at the Spread Eagle in his company. I saw no one with Mr. Hunt at Smedley Cot- tage on the 10th, but Mr. Howaid, who went with me. I went to pay him a visit, but did not remain long. I only knew from general report that he was there. I saw a letter posted up in the town. I was subsequently his bail. JAMES DYSON sworn. Examined by Mr. Bamford. I am a weaver, and reside at Middleton. I was on the Barrow field on the l6*th August last, between nine and te o'clock in the morning. There were 600 or 700 people, both men, women, and children; I saw you there; you were walking about when iirst I saw \ou. I did not hear you say any thing umil yeu got upon a chair and addressed the pen- pie; you said, " Friends and neighbours — those of you who wish to join in the procession will endeavour to conduct yourselves orderly and peaceably, so that you may go as com- fortable as possible. If any person insult you or give you offence, take no u lice of them. I in dee no doubt but there will be persons who will make it their business to go about in ordi.r to di liirb the peace of the meeting. If \ou should met with a'-iy such, endeavour to keep them as quiet a« pos- sible ; if i hey strike you, don't strike them again, for it would serve as a pretext for dispersing the meeting. If the peace officers come to arrest me, or any other person, offer them no resistance, but suffer them to take us quieNy. And when you ge! there endeavour so kc-p yourselves as select as possible, with \our banners in your centre ; so tlmtjif any of you should straggle or get away, you will know where to find each other by seeing your banners, and when the meeting is dissolved keep cl< se to your banners, and iea\e the town as soon as possible. For if you should stay drinking or loiter- ing in the streets, your enemies might take advantage of it ; .u/d if they could raise a disturbance, you would betaken to 179 the New Bailey." That is as much as I recollect ; it is, to the best of my knowledge, the substance of what you said. I think I recollectsomethingof your saying, "I believe there will be no disturbance." I neither expected or beliered from the tenor of your address, that any disturbance would ensue on the return of .the party. I saw some few with sticks, but none with those who were not in the habit of using them. I thought to take a stick myself, having expe- rienced the fatigue before, but I was prevented. I took one to Barrowfields, and there I lent it to a man named John Barlow, who was also going to Manchester. The proces- sion had not gone more than a quarter of a mile before he returned it to me again; and this being observed, several cried out, " No sticks shall go with us." They said it had been agreed that no sticks should go. I said one stick could not make much difference ; and they said I was as well able to go as they were, and 1 must leave it behind, and so I sent it home with my father-in-law. I went to Manchester with the procession. I saw nothing on the way but peace and good order. We walked four abreast. There was no disagreement on the way. Saw no insult offered to any one; there were some jeering words used, but nothing worth no- tice ; they were used to the by-standers who were looking on. We went in this order to Petersfield. You led the party up, and got upon the hustings yourself. This was before Mr. Hunt's arrival; I saw him arrive. You were then standing near me, about forty yards from the hustings. You did not go upon the hustings afterwards to my know- ledge. When Mr. Hunt arrived I removed about 15 yards from the hustings, and 1 saw you no more that day. 1 did not see you upon the hustings after that period. Cross-examined by Serjeant Huilock. — I can't tell where Bamford went after I left him. We w r ere not joined by any party before we left the ground. The Rochdale people passed us, but we met and joined with them in the town. About half the meeting were men. I cannot exactly say how many persons joined in the procession — perhaps 1,000. Some persons had laurel. 1 had none. I know not whether those who wore laurel were officers ; those who were in front wore it. There was no one in particular to give the word of command. I don't know that Bamford was Com- mander-in-Chief on that day. I was not a Serjeant. There w-ere men by the side to keep order, and when the step was lost it was recovered again by their calling out, "Left — Hight." When we met the Rochdale party, they fell in be- hind us. I do not know how many persons were in the z \ 80 Rochdale procession. Perhaps there was not much differ- ence between their numbers and ours. It was said to be agreed upon that no sticks should go. We had two banners that day, one of which was left on St. Peter's-field. Upon a green flag we had the words " Parliaments Annual" — " Suffrage Universal." Upon a blue one we had " Liberty and Fraternity" — " Unity and Strength." We never had been mustered before to my knowledge. On a Sunday morning, a few weeks before, a party of Middletcn people marched down through the town, and 1 went by the side of them. After going through the town the)' dispersed. It was said they had assembled on the Tandel Hill. It was after six o'clock when 1 met them. They were not all Mid- dleton people. I might have remained near an hour on the hill, looking at what was going forward. There were several men drilling, as it is called. I never was drilled in my life. I marched to Manchester as others did. Bamford was not present on that day. There was 2000 or 3000 per- sons assembled. 1 think this was on the Sunday week be- fore the meeting of the IGth; but 1 will not swear it. There were women ami children present. The women were not drilling. 1 never saw a drilling party before. The Koch- dale party had banners, but 1 do not recollect the inscrip- tions upon them. We did not go from Middleton to St. Pe- ter's field by the nearest road. 1 do not know the reason why we went round. We had music on that day; we had a drum ; they do not use it in church music unless at orato- rios. We have sacred music sometimes in church, at Mid- dleton ; we aiso have bassoons and clarionets, unad\s. The bassoon, in our party, belonged to the man who played it; the drum belonged to a man who keeps a farm. We left Middleton about 10 o'clock. On arriving at Si. Peter's-field, 1 saw many flags and banners on the hustings; curs were taken to the hustings, but Mr. Bamford ordered them back again ; we joined the other par- ties on the ground ; our line was broken, and every man went where he liked. 1 never heard Mr. Hunt speak before that day. 1 wa not at the meeiing in January. 1 did not write down Mr. Bamford's speech; 1 took it from memory ; 1 suppose it has been in m;< head ever since 1 maJe a depo- sition to Mr. Pearson, ami 1 then saw it. Mr. Serjeant Ilullock.— 1 low long is it since you saw your deposition '. Wiiness — [low long ? "Why you seem to want to know the time particularly. 1 saw it about the middle of the w*»ek before last, at Samuel Bamford's house. After the 181 word S) « Xf they strike you, don't strike again," were the word S) a f or ^ would serve as a pretext tor dispersing the meeti n g/» Mr. Serjeant Mullock — Go on. Witness — Must 1 go on ? Mr. Serjeant Hullock — Yes ; you seem to have forgotten it. You had better begin again. Witness — No, no ; but you seem to hurry one on like. [Witness went on to repeat the speech, nearly in the same words as before; but not precisely in the same order as before.] — 1 cannot exactly recollect the words Bamford put to me. Re-examined by Mr. Bamford. — 1 know Thomas Ogden, a musician; he did play in church, hut 1 don't know whe- ther he does so at present. I know Thos. Fitton: he and Ogden played with our part}". To questions by the Judge. — My wife did not go with me on that day, but the wives of several of the party accom- panied their husbands. There were several hundreds of womon with our party and the Rochdale party, I saw many of them in Manchester; several bovs also accompanied us, 1 saw several on the ground that I knew ; 1 saw no Middle- ton women on St. Peter's-field that 1 recollect : it appeared that the women did not wish to press so far into the crowd as I did ; the women who accompanied us were relations of the men who marched in the procession. It is customary at our wakes and rush-carts in Lancashire to have banners and music; the rush carts are held of a Saturday, and on the. following Monday the men walk in procession, but they do not keep the step. Mr. Justice Bayley asked an explanation of the term rush- carts ? Mr. Bamford said, that it is an annual custom to have a cart on which rushes are neatly placed ; this cart is drawn by young men decorated with ribboi.s, and preceded by young women, music, &c. JOHN BARLOW, sworn — Examined by Mr. Bamford. I am a weaver residing at Middieton ; I am a married man ; L recollect the people assembling in 'lie Rarrowfieldi on the l(jth of August, you addressed them. You commenced by calling them, "friends and neighbours." — 'The only differ- ence between this witness and last, respecting Bam ford's speech, was, that the bitter heard him (Bamford) exhort the people to proceed to Manchester as in the performance of a solemn tliify,) I went to the meeting with you. I saw no 182 one insulted by the way, nor on St. Peter's-field. I saw you on the ground, when we got in the field you went upon the hustings, remained there about five minutes, and then came down again and stood not far from m*, opening an avenue between the people. I saw Mr. Hunt arrive, at that time you were not upon the ^hustings ; you stood near me, you were not upon the hustings while Mr. Hunt remained. I stood at about fifty yards from the hustings. The Middle- ton party had two banners. Cross examined by Mr. Serjeant Cross. I have no knowledge of any Committee. We did not meet the day before the meeting of the lGth. I had no con- nection with any meeting. I had nothing to do with the Oldham party before that day. I was once on the Tandel Hill — it was on the Sunday but one before the meeting. I went there between six and seven in the morning. There might be 600 or 800 persons present, or perhaps more. They were what I call being in companies when I saw them, possibly about 30 in each company. I do not know how many companies there were, i do not think there were 100 companies, perhaps there might have been 80. Those who passed me had companies. 1 heard the words " march'' and *' halt." 1 waited until they were dismissed, which was about eight o'clock. Before that they were all in one line, and stood two deep. I do not know who gave the com- mand when they formed in line. I did not know any of the leaders. I do not not know whether the man who gave the command was in our party to Manchester on the lGth. 1 heard of drilling and I went to Tandel Hill out of curiosty. I rather doubted that there was any drilling before I saw it. They had no sticks. I have been in the Local Militia, and have seen soldiers drilled. The drilling there was the same as marching and halting. I did not see much counter- marching. I fell into the ranks at Middleton. I cannot say who the man was that formed the hollow square. I have never seen him since. When the word of command was given. I had no occasion to move. I heard from rumour that there was to be a muster on the Barrowfields on the JrJth. I live there. I saw Bam ford before. I saw him mount the chair, and tell us how to conduct ourselves. 1 do not know that he assumed the command ; those who were not commanders got laurel, as well as those who were. I got none. Those who went to the chair got some. We got no instructions from any one but Bamford. The man by whom the square was formed, did not mount the chair. I 183 took no notice of him. I do not know who formed us into line again. I understood that we were to meet several other divisions at Manchester. I do not recollect Bamford 'a say- ing, that if there was to be any thing to do, it would be after we got back. He cautioned us against going into public- houses. I did not take my wife with me. I must have gone to Manchester on an errand, even had there been no- procession on that day. We halted at Harbour Hay, and after that we did not halt tili we got upon the ground. We joined those whom we found there, and remained station- ary. Re-examined by Mr. Bamford. — Barrowfield is a public place. There were 200 or 300 women and children stand- ing by as spectators on the morning of the 16th. There were many spectators on Tandell-hill. The training was quite public. There appeared to be no secrecy. As we came back from itwecame by the high road. The people who were on the hill marched through Middleton. We proceeded a mile and a half at least on the public highway. It was be- tween eight or nine in the morning, There were many wo- men and children attending the party to Manchester on the 16th. I knew some of them to be related to persons in the procession ; it seemed to be a pleasure to them. I never be- fore appeared in a Court of Justice to give evidence. To questions by the Judge — I did not see any of the wo- men in Manchester, but I saw them near the town. I had no thoughts about taking my wife there; she had something to do at home. Shs did not express a wish to go. Wm. Kendall examined. — Before I quitted my house [ left my wife and child there with my son at home. I saw nothing particular in the movements of the people, except their passing to and fro. 1 saw no bludgeons among them, but a few old persons walking with common walking sticks. I saw them from an eminence, from which I could watch them. They went on with a deal of women and children, and seemed very joyful. I saw no symptoms of alarm on the road. I am no Reformer. I don't profess to be one of any political knowledge, though I am a member of the Loyal Orange. Cross-examined by Mr. Liitledale. — I knew a good many of them ; they were doing no harm at Middleton, and marched off regular. Women, some by the side of them, and others after them, joined in the procession. James Frankland, sworn, — examined by &'. Bamford. — I reside in Middleton, and am a dogger and leather-cutter, and faun a little by keeping a few cows. I have eight cliil- 184 dren and a wife. 1 remember the people assembling in Mid- dleton on the 16th of August, and afterwards going on. I looked after them. They were on the way to Manchester. I heard the substance of what ycu said, which was, that they would be conducted to Manchester in a body as they were, and when they got to the place where the meeting was to be held, ihey would remain in a company by themselves, and not intermix with others, and return in a body also when this meeting was over, without straggling in the multitude. You also recommended them not to mind any insult, nor be induced to resent if, if offered. The people were all quite peaceable. [ do not belong to any body of Reformers, nor did 1 go to Manchester with the procession, though I had a son Iti years of age who went. I knew of his going, and gave nooiders to prevent him. I believe he marched in the procession, and did not apprehend any danger or riot, or I should not have allowed him to go. Cross-examined by Mr. Scarlett, — I know Mr. Bamford for a great many years, hut I did not know who was to take the command of (lie party. My son d:d not tell me he was to go. I saw him in the procession, and it was mentioned in the family he meant to go. There have been several pub- lic meetings of the Reformers in our neighbourhood, but my son is not one of them. I know nothing of private meetings. I don't know whether my son took either refreshment or money in his pockets for the march to Manchester. John Turner sworn, a Jailor a id draper at Middleton,— examined by Mr, Bamford. — Recollected the procession there on the morning of the IGth of August, am! its music and banners. He saw a number of women and children among them. ] saw no large Lticks, but a few old men car- ried their common walking-sticks. 1 was no ways alarmed while they passed, as I had no occasion to be alarmed. 1 saw none drunk or riotous. I am no? a Reformer. I gave, never a penny to the concern, nor ever did 1 see Mr. Hunt. in my life, unless I see l.im in this Court, and yet I don't know him. I felt no alarm for Manchester by any means. Mr. Serjeant Hullock — Well, then, you have had the pleasure of seeing JMr. Hunt by coming to York. Mary Lees said, she resided at Middleton, and had live children. Her husband was a plumber and glazier. Re- collected the procession passing her house on the lOLh Au- gust. She was then standing with her children at the door, and was afterwards assisting the mistress of the public-house opposite in filling liquor for a great many who called as they passed. They all seemed quiet and cheerful. They paid 18o for what they got. These people came from Rochdale, with a great number of women, both young and old. L heard them drink several toasts, and among the rest " God save the King," which, though not a common toast, is made use of by the country people. 1 saw many of the people return in the evening, while I was again called upon to assist at the public-house. They many of them burst into tears, and others remained silent. Cross-examined. — " God save the King" was not a com- mon toast. " Hunt for ever!" was often heard; but she did not know whether this was good or bad. In answer to questions from the Court, she said she saw Middleton women go with the procession, and return back again in the evening. She did not know whether they were relatives of the men who went, but they (the women) were persons of good character. Elizabeth Sheppard sworn. — Examined by 3tr. Bamford. I live at Middleton. I am 15 years of age, and am the daughter of a publican. I live with John Buckley now. I went to Manchester on the 16th of August. 1 went with Ellis Hulton, of my own age. I went in the ranks with wo- men. There were many from Middleton. I walked before the men. I heard no singing. 1 saw Bamford's wife on the way. She went all the way. I saw at her Manchester on St. Peter's-field. I was close to the hustings. Bamford's wife was about two yards off when I saw her: my mother did not know of my going. Examined by Mr. Scrgea)it Cross. 1 know nothing about a meeting of female reformers that morning : nobody desired me to go to Manchester: I went with the procession a little and a little farther till I came to Manchester : 1 marched with women. Bamford's wife was in the first rank, and myself in the second. I never heard any body say all must go that can to-day. Mary Vales sworn.— 1 have six children: 1 went to Man- chester on the 10th of August: 1 walked before the men: there were a great many women. There were children — many of other people's, but none of mine. 1 saw Bamford's wife on the way. We walked arm-and-arm together. I recollect no songs. 1 saw Mrs. Bamford at Manchester. We stood a considerable distance, '20 yards, behind the hust- ings. We remained on the ground between a quarter and half an hour before Mr. Hunt came. Mrs. Bamford retired before Mr. Hunt arrived, as she conld not bear the pressure, 18f*> I remained and heard Mr. Hunt, hut could not tell the words. Mr. Hunt, when the soldiers were coining, took off his hat, and desired the people to give them three cheers. I In ard no hiss or groan at the soldiers. 1 joined in the cheers. I was not the least alarmed, and gave cheers my- self, thinking they were to protect ns. I saw no clubs or cudgels brandished at the soldiers. I thought they were coining as fiiends. There were many women in the crowd. 1 moved from my situation when the soldiers came. I saw no resistance to the soldiers from the first to the last. We all moved on the approach of the soldiers. I fell down among the people, and remained some time. My husband was w long before the meeting I heard Bamford reading the Manchester Observer; nor do 1 remember that he read any advertisement calling the meeting. Examined by the Court. I should not have allowed my children to go to the meet- ing, had I apprehended any disturbance or riot ; nor would I have gone myself, had I entertained such a fear. There was nothing on the road that induced me to think there would beany disturbance; every thing was peaceable and orderly. I had no other motive but curiosity in going to the meeting. 1 am a farmer, and have 14 acres of land, with four cows. EDMUND NEWTON, sworn. -Examined by Bamford. I live at Mills-hill, in the parish of Chatrerton. Lam a cotton weaver. I was at Miiidleton on the 16th of August last. I went from home that morning about eight o'clock, in company with three other men. When 1 set out I had a stick with me ; I did not take my stick with me to Middle- ton ; I left it behind because one of the men said it was de- sired nobody should take any weapon of any description, or any slick, with them. Nobody did take any weapon. I heard of no intension of taking weapons. I took my stick, merely to assist me on the road. I always take a stick when I go to Manchester. Cross-examined by Mr. Serjeant Ihdloek. 1 do not know who desired sticks not to be taken. We had only three sticks when we set out ; and as we had heard that it was desired we should not take them, we left them at a friend's house. I never was at a drill-meeting, but I have seen people marching. I was never at Taudk-hill nor White-Moss at a drilling. I saw people marchii g to town. I I cannot tell when. I think there might be about 20 people. I was at 500 yards distance. It was about 6 o'clock in the evening, and nearly dark. I never saw drilling before, and am not sure if this parly was then drilling. I heard of the meeting of the 16th of August from report. 1 do not read the Manchester Observer regularly. 1 was at the meeting when Mr. Hunt was at Manchester before, and heard him make a speech. I did not stay dinner in Manchester To a question, do not you always time ] witness replied, we some- times dine, and when we cannot get a dinner, we take two- 189 pennyworth ©f cheese and bread. J heard Mr. Bamford speak at Middleton, exhorting the people to go peaceably and quietly ; both women and children accompanied the procession, my wile and children were not there The sticks which we took with us, and le!i by the way, were- common walking-sticks. Examined by the Court. I went to hear what was to be -aid, and with no other in- tention, i had no expectation that the people who went from Middleton would behave riotously or tumultnously. There was nothing in the deportment of the procession that could alarm the passengers on the road. JACOB DAY KIN, sworn— Examined by Mr. Bamford, I reside at Middleton, I am a calico-printer, I am in the employ of D. Burton, and Sons, and have been for some years. I saw the procession of August J 6th about half-way between Middleton and Manchester. I saw banners. I saw instruments of music. I saw women, children, old men, and old women 1 saw no sticks but walking-sticks. Tne people seemed to be good-humoured and cheerful. They were very quiet. Cross-examined by Mr. Sergeant Cross. I did not go to Manchester with the procession. I never was at a meeting in my life. Do you remember a procession that paid Mr. Burton's premises a visit? Yes, I do: I re- member that procession that made Mr. Burton a visit ; they were at first quiet, but they afterwards attaked the factory of Messrs. Burton. There was firing from the factory. One of the hoastes belonging to one of the partners was burnt down. Re-examined by Mr. Bamford. These outrages happened more than four years ago: re- form was not trnm so much talked o( as now. The learned Judge said to Mr. Serjeant Cross, who was going on with this examination, that he doubted whether it was evidence. Mr. Bamford said, that as the learned gentleman had made the allusion to this transaction, he wished to cross-examine the witness, to show that reform was not tiien common; that this was a Luddite attack, and that Mr. Burton was obliged then to guard Ins premises by an armed force. 90 Tfit* examination of the witness accordingly continued. He said this was in 1812. The premises were not now guarded, as they were then, by an armed force, nor had tliey been exposed to danger since. No works were slopped on the 16th of August. Instead of requiring an armed force as then, there was only one constable in Middleton, called James Lees, and whose wife bad been called for the defence yesterday. There are no soldiers quartered in Middleton new. LUCY MORVILLE, sworn. — Examined by Bamford. I am a widow woman, residing at Middleton. I am 3D years of age. (The witness appeared much older, iind ex- cited a smile at her declaration of age.) I was at Manches- ter on the lGth of August. I went in a company of 20 ; I walked by the side of the procession. 1 have thiee children — a daughter married, and two boys that live with me. The two boys, one of nine, and the other of 12 years of age, went to Manchester with the procession. I took the youngest boy by the hand, meeting him on the way, and went on with him. I met my eldest boy near Manchester, turning towards Smedley-cottage, and took him likewise by the hand, stop- ping with both till Mr. Hunt came ftom the cottage. I then went to St. Peter's-field, a marer road than 'he procession, with my two boys. I did not go near the hustings, having my two boys with me. I stood beside a body of men formed in a line, who refused to let me pass them. A man said, when I attempted to pass, " You cannot pass that way ; the line is composed of sworn-in constables." 1 sto - d there till Mr. Hunt came on the ground. I saw a man in black clothes riding off from the body of the people. The constables smiled at this, and one of them said, " I should wish the start to begin just now." The learned Judge here said, he could not hear evidence as to what the constables did or said. The conduct of the meeting was only now in question, and not that of the con- stables, except so far as it produced an effect upon the meeting. The learned Judge then asksd the witness, if the special constable received any provocation from the meeting ? — No ; not the least. Q. Did you say any thing when you heard the person speaking of the start '. A Yes; 1 said, nobody wished tc create disturbance, or kick up the staff t^yt thews 9!v*&, 191 Examined by Mr. Bamford I saw the Yeomanry Cavalry come on the ground, led by the man in b!aek, who rode oft' from ;he meeting; I then made the best of my nay off with my children when they came on the ground; I thought then that there wasdan»er. I saw them passing on, hut did not see them in the crowd. 1 saw n<* resistance offered. JOHN II AMP SHI RE, sworn— Examined by Mr. Holt. I live sevente -ii miles from the town of Manchester, I know Ssxton, I saw him on the 16th of August. I called on him ;\b u? 12o'clock. I went to give him an order about printing some bid?, and (o iid him at home. I remained with him about as hour, t dined with him that day. I had only see.i hi n once before. I left the house a little af- ter one o'.lock. I l;f ; ii with Saxton. We went to the Manchester Observer (true. Saxton had some situation in the Observer office. He was a reporter to that paper. I staved a shoit time with him there, and saw him preparing paper and pencils to write notes at a public meeting. I went to the meeting. I went onwards, but the crowd pressed and 1 got sick rather. Some person seting this, said I had better get on the hustings, and I was handed up. I saw Saxton there on the hustings after I had mounted some mi- nutes. L did not see him beiose Mr. Hunt arrived. 1 saw him writing on the hustings. Saxton -did not address the multitude in my hearing. I must have heard him had he spoken, as he was down in the cart body as a reporter, stayed till the dispersion of the meeting. When the witness had been examined, Mr. Hunt said, I am goins; to call some witnesses in the regular order followed by the prosecution. As the Learned Counsel marched in the division, we must follow them, and trace iheir conduct. John Hampshire beingre-ca'led and examined by theCourt, !-aid, he saw no disposition in the crowd to resist the mili- tary. Mr. Hunt neither made resistance, nor encouraged the crowd to make resistance. I heard a inditary officer say, "You chairman, come down this moment." Mr. Hunt's reply was. " Very well, Sir;" and he got down off the hustings. JOHN SMITH of Liverpool, sworn. — Examined by Mr. Hunt. I am concerned in the Liverpool Mercury. I attended on the!6tb of August to report to that paper. I have roa no deposition b*'forp. On tins the witness was desired by 192 Mr. Hunt to proceed, and give a narrative of what he had observed. He did so for some time ; but the greatest part of Irs evidence was drawn from him by .the questions of the Learned Judge. Previous to 12 o\ lot k, he Said I observed various bodies proceeding towards the meeting, from differ- ent avenues I was struck with the orderly manner in which they advanced, and in which 1 hey gave way to carls, car- riages, and passenger?. I stood on the ground at St. Pe- ter's-field. and heard the conversation of different persons in the crowd as Jo the objects of the meeting. I expressed my supposition that those around me were all friendly to Par- liamentary reform. They all said, yes. I replied " peaceably so, I hope." They rejoined, "Nothingbut peace and freedom do we seek." Between 12 and ] the meeting kept increasing considerably, and J heard a band of music playing what I thought, from the beat of the drum, to be the tune of " God save the K.ng." The beat of the drum in that tune is pecu- liar. I observed that the persons nearer the band than I was were uncovered at that moment, and I asked a person neaier the band if it was " G d save the King," and was answered, yes; when J said, 1 am happy to hear it I was stationed 25 yards from the left corner of the hustings, ra- ther in advance. I considered the meeting as complete when Mr. Hunt arrived, and thought it the finest sijjht 1 had ever seen, and was gratified with the good order of the whole. I heard Mr. Hunt's speech : lie congratulated the people that the effect of the postponement of the previously intended meeting was the increasing of the numbers of the present; he made some observations respecting a placard which had been exhibited, of which I do not distinctly recoiled the bearing; he thanked them for proposing him as their chair- man, and hoped every person would keep the strictest or- der. He added, if any person shall be set n attempting to disturb the peace, those who were near him must put him down, and keep him quiet, in a short time the cavalry ar- rived ; I was astonished al the circumstance, as well as tho*e around me; but the general feeling was that thev came to preserve the peace : the people gave three cheers, winch ap- peared to me to be in accordance with thai feeling. The military returned the cheers. There was then a pause, and the cavalry, after this pause, advanced rather hastily towards the hustings. I saw no resistance: the cavalry advanced quicker than I could have supposed it possible through so dense a crowd. A general cry was raised around me, " What is to be done?"" and the general answer to that ques- tion was, that the cavalry must be. bringing some magistrate 193 to listen whether any seditious expressions nere to be used. We were sure all would he quiet still. In no case whatever did I see any attempt to resist, noi any encouragement to resistance «iveii by Mr. Hunt, or any other person, either by word, look, or gesture. 1 saw no sticks lifted up against the military. I saw no brickbats or stones thrown till the close of the dispersion, when I saw one stone thrown. If any stones or brickbats had been thrown, or any sticks raised in defiance of the military, 1 must have seen it. My eyes and countenance were in a direction towards the military. Up to the moment o*" their reaching the hustings, I did not feel, nor did those around me express, any alarm till the mi- litary appeared. 1 saw ti e people on the hustings seized. No resistance was made by them. Alter clearing the hust- ings, the horsemen diverged round the hustings, and the crowd dispersed, shrieking and weeping. Examined again by Mr. Hunt. — 1 am more than six feet high, and therefore was enabled to see all that took place. I saw a great many women and children in the field, and spoke to several ef them. They appeared many of them respecta- ble, and clean dressed, as if they came to a holiday least. 1 saw many old people, a few at the head of each company ; being on the field early, 1 saw nearly all the parties come up. The elderly persons had sticks ; perhaps a dozen at the head of each company — I mean walking-sticks. The marching parties had very rarely any sticks. 1 did not observe the party with the black flag. I think it was on the field when I arrived, but did not remark it particularly. I saw no par- ticular party marching into the field, with long thick slicks shouldered as muskets. This is quite new to me. It could not have escaped me. Had it occurred, I, as a reporter, must have noticed it. May I make one observation ? I thought the few sticks at the head of the divisions were pro- perly employed in keeping away the boys, who would other- wise have impeded the procession. I remained on the plain till the crowd was dispersed. I neither heard any offensive expressions uttered, nor saw any acts of violence committed by the people, from the time of their assembling to their com- plete dispersion : good humour was in every countenance. I saw no alarm in the respectable persons of the town who attended the meeting, either expressed in their countenances or conduct. I thought many appeared to be inhabitants of Manchester from their dress and conversation. I arrived in Manchester the preceding night; and neither during the Sunday night preceding, nor the Monday morning, did I see any expression of alarm. I was on 'Change, and in several 194 other places, and 1 heard it was the general understanding that no interference would take place, and J hat all would go off quietly. 1 saw not the slightest apprehension of danger. All seemed to act on the understanding that the authorities would not interfere. Did you hear me say when the soldiers appeared, pointing to them, " There are your enemies ;. it they molest you, put them down, and, having got them down, keep them down"? No; I conceive it. impossible that any thing of the kind could have been said. I must have heard it, if it had been said; and if I had heard it, I must have noticed it. The passage of Mr. Hunt's speech about putting down disturbers, was ut- tered before the military arrived or: the field. I saw the ca- valry arrive at the meeting. I did not hear the crowd hoot and hiss, nor see them brandish their cudgels. The feeling was of a different description. The cheering with which they were received was of the same kind us that with which Mr. Hunt was received when he arrived. J joined in this com- pliment to the military, though J did not join in the previous cheer to Mr. Hunt, whom I did not know at that time. Cross-examined by Mr. Scarlett. I meant the cheers as a compliment to the military. Q. Are you in the habit of complimenting the military? A. Yes, when they deserve compliments. Q. Are yon the J Smith invited, in this requisition, to attend the meeting? (The Learned Counsel held in his hand, and read from, a Manchester Observer. — 1 am. Q. Do you know \u\y of the other parties invited along with you ' A. Yes; some. Q. Do you know Major O.rtwright? A. No. Q. Do you know Mr. Wooler ? A. No. 1 did not knov. him then. Q. Do \ on know Mr. Crompton ? A. Yes; 1 have the honour of his friendship. The Learned Counsel then asked the witness regarding other names which it is not material to mention. On his examination he said, 1 attended as connected with the paper to which 1 belong. 1 did not go on the hustings, because, as I had been invited, 1 might have been expected to speak, which 1 had declined doing previously. Q. Are you in the habit of praising the military, that you ioined ^o cordially in the ?hout, ? 105 A. 1 do not know to what you allude ; 1 will praise them when they deserve it. 1 am not editor of the Liverpool Mercury. I am junior editor, and have been concerned in it ten years. My sentiments are well known I hope. 1 attended a meeting at Wigan, a considerable time before. It was in the summer of 1816. I spoke there in a debating- room. The witness was here questioned about an inflam- matory speech of Knight's at the Wigan meeting, reported in the same number of the Manchester Observer in which the requisition for the Manchester meeting appeared, but said that he had not seen that speech, as he copied into his paper only paragraphs from the Manchester Observer, and frequently did not read it through. The passage was of an inflammatory nature, and need not here be repeated. The learned Judge interfered, and suggested it was not evi- dence, unless the questions were intended to affect the credibility of the witness. Mr. Scarlett then proceeded to examine the witness regarding Mr. Hunt's observation about the placard, as showing his disrespect for the magistrates. I understood Mr. Hunt alluded to a placard, but I do not recollect what he said. It was not certainly to recommend the placard to the meeting, but 1 did not consider that he spoke against the magistrates, I could not help laughing at the placard myself, as I saw it on the walls, it was so ungrammatical. I dare say Mr.H unt might have used the word " enemies ;" it is a term commonly used in a political sense, as "political enemies"— or, "enemies to the libei ties of the country." I most decidedly did not hear Mr. Hunt say, " There are your enemies, put them down," &c. He, I dare say, did use the words, " put those down who disturb the meeting." or words to this effect. I thiuk nothing could be more cri- minal than to disturb the meeting. 1 would have collared any man near me if be had disturbed the meeting. I did say, when I saw them coming on the ground " 1 hope you are friends to parliamentary reform, and peaceably so." I said this, because I was confident they would be peace- able. I had heard the persons who had attended reform meetings described by the press as outrageous, and 1 was glad to find them so orderly here, for 1 never saw a more orderly meeting in my life. I never knew of any training. 1 had heard of various things on this subject, to which 1 did not attach much credit. 1 saw the people coming in re- gular order — not keeping the step, but in lines — which 1 considered very proper, in order to keep regularity. 1 should have felt confidence rather than alarm at an appearance of [No 7 . price Sixpen-ce} B b 19(> Yuen walking in such order as to betoken previous concert- and particularly as on this occasion 1 saw good humour beaming on every countenance. 1 have seen in Liverpool 1 arge bodies of men walking together in rank, as public con- venience dictates it, to prevent confusion. 1 swear solemn- ly that on the Exchange at Manchester that day I heard no one expression of alarm, but then 1 left it before eleven o'clock. 1 received no letter to attend the meeting, but in a letter addressed to Mr. Thomas Smith, he was requested to bring himself and another. Re-examined hj Mr. Hunt. The exchange a' Manchester opens before breakfast hour, and is much thronged between eight and eleven o'clock. When the cavalry came to the n eeting 1 was looking towards you (Mr. Hunt). 1 saw a placard posted up on the day of the meeting, cautioning the people to keep their children and servants at home. I cannot say whether it was to that Mr. Hunt applied the words, "Signed by some obscure indi- vidual, Jack Long or Tom Short.'* 1 cannot say whether it had any other signature than that of the printer I remem- ber 1 saw on Monday one placard, which cautioned the people to abs'ain from the meeting " this day," though it was dated on Monday , and it struck me as singular, I did not conceive, certainly, that what Mr. Hunt said was meant as disrespectful to the authority of the magistrates. I saw at list meeting several women, children, and boys, and several of the womt-n very decent and oi lerlv. ' ! looked upon this a? ;; sort pi ace- able conduct of lire men as to any heated expression; for 1 co t j.r: sence of the ladies alv p.\ s chastens the company. 1 certainly do not hink tin women merited the term of •• profligate Amazons." 1 saw the woman on the dickey of the carriage in which Mr. Hunt rode, and 1 did not consider her to have deserved that appel- lation. J considered her as the wife or the daughter of some person in the carriage, who had consented to carry the flag in honour of the meeting. JAMES STOTT sworn. — Examined by Mr. Hunt. I reside at Pendleton, near Manchester parish; I am a land-surveyor ; I have some property in the neighbourhood. I saw some people going down our road; they were not parties, but were marching promiscuously. 1 saw nothing in the conduct of any of the parties that caused alarm in my mind. I went to the meeting , it v, as about 1 o'clock when 19? I goi on the field. 1 am a married man, and have six chil- dren. I saw nothing to excite my fears for their safety. The people were standing promiscuously till Mr. Hunt came. There Mas a great crowd, consisting of men, wo- men, and children. I then saw nothing to excite my fears for the town or my family, either from the numbers or be- haviour of those present. I waited until you (Hunt) arrived, and there was great cheering. I did not see persons there with large staves, four and a half feet long, shouldered as muskets. I saw no such thing. I was situated in the front of the hustings, looking towards the windmill. I was about 60 to 80 yards distant from the hustings at the first. I got nearer aftewards, perhaps to within a dozen or fifteen yards. I did not hear distinctly what Mr. Hunt said, so as to relate it. While 1 was there I did not hear the people make use of any violent expressions, or commit any violent act. I saw a great many respectable-looking persons walking about, and a great many decently-dressed females. Some of them were inhabitants of Manchester, and some were, not. I never heard any of them expre:s any apprehensions for their personal safety, or for the safety of the town. 1 saw the Yeomanry arrive on the field. On their arrival they were cheered. The cheering was as great as when Mr. Hunt came on. 1 did not hear any groaning or hissing, nor see any brandishing of cudgels at the soldiers ; I believe J should hive observed air/ thing of that kind if ;t had fnken place, i saw no act of defiance to them. When the Yeo- manry first came in, I saw two of them galloping along. I never saw any resistance made to them, or any encourage- ment given to them to make resistance. Witness was going on, when Mr. Justice Hayley said, you must not tell us of any act done by the soldiers; you may say what was done by the people. Witness. —My Lord, 1 was not going to speak to that, J saw, when the two men who had advanced could not get on, they fell back to their party. 1 saw no advantage taken of the two men who were separated from the rest. I heard several express their fears that the soldiers were going to at- tack the people, and many began to move oiF. The soldiers .then cheered, and the people cheered the soldier;. I was then looking more towards the Yeomanry than the stage. The people did not go away them. My impression was, 'hat the soldiers camete protect the people, and to keep the peace. Soon after the soldiers proceeded towards the hustings. They galloped towards it as well as they could. I saw them nearly 198 arrive at the hustings. I saw no sack thing as throwing brick- bats, bludgeons, or sticks. In their way, they cut at tho people, and gallopped on them. The people kept running away as fast as they could, and made no resistance whatever. Cross-examined by Serjeant Hullock. The hustings were about one hundred yards from Buxton's house. 1 never attended any meeting of the kind but this. I went to Liverpool to meet Mr. Cobbett, intending to dine with him. I did dine with him, but did not carry an address to him ; nor did I invite him to come to Manchester. This was in November last. Mr. Hunt objected to this evidence, and Mr. Justice Bay- ley allowed the objection. By the Court, at the request of Johnson. I have often been in conversation with Johnson, and never heard him say any thing disrespectful of the government. JOHN HAMPSHIRE re-called, and examined by Mr, Hunt. — I was on the hustings from the time Mr. Hunt arrived, until after he was arrested. 1 never heard any thing to this effect from Mr. Hunt — " There are your enemies, put them down; and when you get them down, keep them down." 1 was on the hustings. I saw the military arrive. They first stopped to form, and then charged towards the hustings. My whole attention was bent upon the military after the charge commenced. During their progress I did not see the least resistance on the part of the people. Cross-examined by Mr. Scarlett, I did not see any body carry any papers on the hustings. There were- writing- papers like these (pointing to the books of the reporters.) I saw no printed papers. JOHN SHUTTLEWORTH sworn. — Examined by Mr. Hunt. I am a merchant residing at Manchester. I recollect being at the Exchange about 11 o'clock on the 16th of Au- gust. I witnessed several parlies pass the Exchange, to go to St. Peter's-fieM. They were marching with considerable regularity, in the form of a procession, and conducted them- selves in an extremely orderly and decorous manner. 1 observed that several of the parties had banners or flat:*, w-ith inscriptions upon them. Many of the inscription- 199 merely stated the district from which the parties to which they were attached came. Some of the inscriptions had re- ference to questions of political interest. My attention was directed to the Lees, Saddlew orth, and Mosley division. In consequence of the black flag, my attention was particularly directed to that party. I concehed they conducted them- selves in a strictly orderly manner. I cannot speak as to the number of sticks in that party, but I can speak as to the average of sticks in the whole body. In consequence of the observations which had been made as to the number of sticks carried at previous meeting-, at Manchester, I determined to count as accurately as I could the proportion on this occa- sion. 1 did so in several hundreds ; until, indeed, I thought I had a fair average : and the result left no doubt on my mind that there was not one stick to td near the Windmill (public house.) It appeared to me quite practicable to have communicated with the hustings from that part. There was some little change of situation (among the people who were stationed in that part), but it did not appear to me any thing that could cut off the com- munication. Mr. Hunt. — .Then it did not appear to you that a dense body, a phalanx of reformers, 10 or 15 deep, surrounded the hustings ? Witness. --In the rear of the hustings certainly there was not. I saw the yeomanry cavalry arrive near Buxton's house. Up to that time 1 had seen nothing in the meeting, or else- where, that day, to excite my fears for the safety of the town. 1 had not seen any respectable 'persons that day, at this time, who expressed such fears. To the best of m\ recollection, you (to Mr. Hunt) desired the cavalry to be received with cheers, and they were so. Mr. Hunt. — Did the people, instead of complying with my request, assail the cavalry with groanings, hissing, and hooting ? Witness. — I heard nothing of the kind. "J f they had done it near where 1 was, [ must have heard it. The people turned round, but 1 saw no brandishing of cudgels. I saw no act of insult or violence offered to the military on that occasion. Mr. Hunt.— What followed this ? Witness.— While h people we're cheering 1 moved from where I stood to a few yards from the left flank of the yeo- manry, and while I was doing this the yeomanry shouted and flourished their swords in die air. '(his seemed to ex- cite considerable agitation, and there was a confused noise for a few moments, ami many of the special constables reach- ing from Buxton's ho. se towards the hustings fell back along with the people, near them, so as (it appeared to me) to leave, an open space of about fifty yards. When this was done, the cavalry proceeded at a quick pace towards the hustings, and when they came to the space comparatively open, those in front appeared to gallop. Their progress seemed to be checked by the dense crowd, and this appeared to me to cause in them considerable confusion. 1 did not observe any of them separated from the rest. They appeared in one •circular mass. The people did nothing to resist them. 1 202 saw them go on the hustings. 1 saw not a stone, brickbat, or bludgeon hurled at thera. As soon as they got up to the hustings, 1 left the ground. Cross-examined by Mr. Sergeant Cross. 1 never knew Mr. Hunt before. 1 occasionally saw the Manchester Observer. I do not take it in. 1 did not know of Mr. Hunt's having been at a meeting in London. 1 heard of his having been at a meeting at Spafields. This did not make me afraid that he should preside at Manchester. 1 do not know whether that was the reason for his having been invited to Manchester. The meeting was the largest 1 ever saw. There were several persons in Manchester ca- pable of presiding at a meeting. 1 have no acquaintance with the parties who arranged former meetings of this kind at Man- chester. The only meetings 1 am connected with, or attend to, are those at the Exchange, the parish meetings, or at the Po- lice-office. 1 was not at the former meeting in M anchester, nor had I any thing to do with it. I saw Mr. J. Smith, the edi- tor of the Liverpool Mercury, at the Exchange on the 16th, and shook hands with him. It certainly was a subject of congratulation among the many parties there, that the meet- ing was not to be interfered with. A rumour had prevailed on Saturday and Sunday that there would be no interference or most certainly 1 should not have gone to it. I had heard of drillings in the neighbourhood before this, and I was not afraid, because I understood those drillings took place only for the purpose of proceeding to the meeting with more regu- larity. 1 had never seen such a notice as this posted up — " that the people should take the advice of Mr. Cobbett, and keep a memorandum book, and note down every act of op- pression and violence against them, lhat they might be re- membered at a future day."' Mr. Hunt objected to this; but the Counsel for the pro- secution contended that it was necessary, in order to show what ground of fear and alarm had existed on the 16th. His Lordship held that it ought to be admitted, not as connecting it with the prisoners, but to show r what impres- sion it might have made on the mind of witness. 1 was (wit- ness continued) not aware of any circumstances before the meeting which excited my fears for the safety of the town. 1 apprehend that whatever fears were excited were made in consequence of the threats of violence on the part of those who were known to be connected with the magistrates ; and also the notorious fact, that the swords of the cavalry were sharpened shortly be r ore this. It appeared to me that all 203 the fears of others were excited lest the magistrates should interfere with and disturb the meeting. 1 had heard of no confederacies or combinations of radical reformers. 1 do not know what you mean by combinations and confedera- cies. The only association 1 knew of was, " The Reform Union." 1 heard of no associations that excited alarm. There were no manifest symptoms of alarm amongst my neighbours. 1 saw the people marching to the town. They appeared very much pleased. 1 am not aware of any per- sons being alarmed. 1 was not aware that there had been a meeting at the police office, of what you call " the respec- table inhabitants," until some days subsequently. 1 counted the sticks, so as to satisfy my own mind. Less than every 10th man, 1 think, carried a stick. The walk of those whom 1 saw pass the Exchange, Mas a lounging, sauntering walk. This description applied to all, except the Rochdale division. The magistrates, 1 understand, were at the house of Mr. Buxton. 1 was not there. 1 am a member of the " Man- chester Committee" for the relief of the sufferers on the 16th of August. As the bodies came up from the country, they assembled round the hustings. Speaking from recollection, 1 do not think Mr. Hunt, in addressing the people, used the word " enemies." Re examined by Mr. Hunt. I am a member of the committee for the relief of those who were wounded and injured by the forcible dispersion of the people on the 16th. I Mas actuated, in becoming a member of that committee, by feelings of humanity ; for I cautiously abstained from all political interference. It was clear from what 1 saw, and the information I received in conversation, that an immense amouut of human suffering was occasioned by the dispersion of the meeting ; and there- fore, from feelings of humanity, in order to alleviate that suf- fering, I became a member of the committee. Mr. Hunt here put a question relative to the cause which gave rise to the drillings previous to the 16th of August. Mr. Justice Bayley would not allow the question, as it went, like several other of the questions put by the defen- dant, to injure his cause. Mr. Hunt persisted in the question. Mr. Justice Bayley. — I wish, Mr. Scarlett, that you could change places with me. Mr. Hunt — God forbid ! my Lord. lie-examination continued. —Witness understood that the people practised marching for a short time before the meet- C c 204 iug, in order that they might ho able to preserve order in proceeding to, and returning from it. I saw nothing what- soever in the conduct ef the people to excite alarm or ter- ror. I heard that a great body of people had assembled at ;t former meeting at Manchester, at which you presided. The proceedings were then regular and peaceable, and the assembly dispersed quietly. I heard of no violence or tu- mult having taken place: on that occasion. I well remember a meeting convened by the boroughreeve and constables of Manchester, a few years ago, to consider of an address to the Prince Regent. I believe it was a meeting of the peo- ple of Manchester, and of the adjoining districts. I was present at it. The meeting was broken up somewhat sud- denly, and rioting and breaking of windows took place. The windows of the Exchange were broken. I don't believe the people marched in regularly ; but I have no doubt that individuals came in from the country. At that meeting I think there were at least 50,000 persons. The meeting was called by public advertisement, by the municipal authori- ties. There was a very large procession in Manchester on proclaiming the peace. 1 joined the procession. 1 do not know that Mr. F. Philips was present; but it is pro- bable he was. Many of the labouring classes joined the procession. We walked three or four a- breast. The shop- windows in St. Anne's-square, in Market-street, and along the whole line of the procession, were shut. There were far more windows shut en the day when peace was pro- claimed than on the lGth of August. There were many wo- men and children in St. Peter's-iield. JOHN TYAS— Examined by Mr. Hunt. 1 am a reporter to The Times newspaper. 1 attended at Manchester in August last, in consequence of a public-meet- ing that was to be held there. I arrived at Manchester on Friday before the tin;'' appointed for the first meeting, which was fixed for ti.cOth. 1 remained until after the meeting of the i:>rh. 1 met you for the first time (except casually .it public meetthig-) in a room at the New Bailey. I only ?ent up one report to London ; auodier gentleman came down to Manchester, ami relieved me. I recollect sending an article relative to somelhing that occurred at the police office p. evioudy to the Kith. It was entitled, " Ano- ther Bounce of the Orator's." 1 had heard much conver- sation about the meet hi ;; of the Kith. ! went to the "round ;iboul eight o'clock. ! was on thealer', the paper to which i belonged alwavs »iviug the mosj voluminous accounts of 20.' things of this kind. There were very few people on the ground when T arrived. T have given in no deposition on this subject, neither have 1 been examined by your Solici- tor. I refused to be examined by any one. 1 saw the peo- ple marching in St. Peter's-field. They came with flags, banners, and music, and walked as the electors of York did the other day after the election, with something of a milita- ry step. If 1 had not heard of this trial, I should not have considered that there was the slightest difference between the mareh of the one party and of the other. 1 have the notes which 1 took on the spot, and those which I afterwards wrote down in the New Bailey piison. About half-past 11 the first body of reformers arrived on the ground, with two banners each, surmounted by a cap of liberty They marched into the centre of the field, and from what 1 observed, a cart was brought to them, but I am not sure. It might have been there before. I saw other parties arrive. They be- haved very peaceably and orderly ; 1 did not sec them Take up their position in a military manner. 1 am in the habit of attending public meetings, and I saw nothing in the proceeding of the reformers different from what I had seen on various other occasions. The first party of course, as was always the case, procured the best situation. Perhaps the conduct of the people was more regular than what 1 had observed at other popular meetings. 1 recollect the black flag coming inio the field. It belonged to the " Mos- ley and Saddleworth Union." 1 remember when the parties approached the hustings, " God save the King," and " Rule Britannia," were played. 1 did not see the parties take up any particular posilinn. The divisions ali went to- wards the hustings. Most of the people in the divisions had tcks, but they were merely walking sticks. 1 did not observe any person marching up in military array, as it was c .ih'd, shouldering staves, four feet and a half long, and as thick as a man's wrist. I was induced to remark that circumstance particularly, because 1 saw it stated in the Courier, prior to the :)th of August, that the people who es- corted you into Manchester were armed with staves that might be converted into pike-handles. If, therefore, such, a circumstance occurred, it would have attracted my attention. 1 saw no act committed by any of the parties which excited the slightest apprehension in my mind for the safety of the town. Their conduct was quite the reverse of riotous or dis- orderly. 1 had several conversations with different persons belonging to the reform party, who said they only wished a restoration of their rights, and, above every thing else, were 206 desirous to preserve order and tranquillity. 1 felt it my duty, as a reporter to a public newspaper, to relate all 1 saw, and to endeavour to ascertain the truth of the reports 1 had heard. 1 saw nothing in the conduct of these people that was vio- lent or irregular. There were a great number of women and children present Many of them marched in ranks, like the men. 1 saw two female parties in particular, who came in at the head of divisions. They appeared to be dressed in their best clothes on the occasion. If 1, in my capacity of reporter, had perceived any thing calculated to excite alarm or apprehension, 1 should, as an Englishman, have thought it my duty to inform the proper authorities. Before Mr. Hunt arrived, 1 saw a crowd round a waggon, and a young man addressing the people. As 1 was very ill, and unable to make my way through the crowd, which was dense, 1 deter- mined to meet you. 1 met you at the Exchange. The peo- ple were huzzaing. 1 requested that you would get me a place on the hustings, as a reporter, which you promised to do, telling me to keep close to the carriage. You said you would have given me a place in it, if it had not been full. 1 saw no attempt to conceal any part of the proceedings. 1 took hold of the carriage door and went on with it. 1 did not see you, when the carriage arrived opposite the star inn, stand up iu it, and order the people to hiss and hoot. The carriage did stop there, but 1 think that was occasioned by the people not getting on before. You might have got up in the car*riage, but you gave no orders to hiss or hoot. There were, how- ever, hissing and hooting at the Star-inn, and afterwards op- posite to the police-office. I did not see you take any part in it. There was a stoppage near the police-office, and Mr. Moorhouse, who was on the other side of the way, in the crowd, was hailed by you, and accommodated with a seat in the coach. When the coacli arrived on the field, the bands struck up " See the conquering hero comes," and the people formed in two lines, to let the coach pass. You uere received with loud cheering, and ap- peared to " bear your blushing honours meekly.'' I recol- lect your getting on the waggon. There was a black flag at the further corner of the waggon from the house in which the magistrates met, and you said, " It is very foolish," or words to that effect. 1 recollect your complaining that the hustings were so erected that you had to speak against the wind. After ynu got on the hustings, I ascended with many- other persons. I did not know them. Several females also got on the hustings through the barouch. They did not come in the barouch ; but I believe were handed through it SO- to the hustngs, in consequence of the great pressure. I saw several banners in the middle of the crowd, and many wo- men amongst the multitude. The crowd was moredense and jammed together than any I ever observed before or since. The first circumstance that took place after you ar- rived was the election of a chairman; and Mr. Johnson pro- posed you. The crowd was rendered dense, I believe, from the anxiety to get near the hustings. There was nothing of a military appearance in the crowd. I could not perceive from the waggon, though immediately over the people, that their arms were locked. I saw nothing to keep them from the hustings. I heard you complain of the pressure of the crowd, who were constantly pressing against the waggon, lest the hustings should be overturned. The people were close up to the hustings, all the way round. There was no vacant space around, preserved by a body of people with their arms locked. It was impossible for a vacant space of 6 or 6 yards round the hustings to have escaped my atten- tion. I remark, at all public meetings, that people near the hustings take their hats off, and I did not observe it more particularly at this meeting than any other. [Mr. Tyas here read his notes of the proceeding's which took place after he arrived on the hustings, commencing with the election of Mr. Hunt as chairman, and terminating with his capture, which have already been published.] When Mr. Hunt came to that part of his speech, where he spoke of " Jack Short and Tom Long," as having signed a paper cauiioning the people from attending, the yeomanry appeared, and consi- derable alarm was manifested at the extremity of the crowd. The cavalry advanced, as far as I could judge, at a quick trot, and formed near Mr. Buxton's house, where the magi- strates were. 1 do not know when they drew their swords, but 1 >,>rj"ceived, by their flourishing, that they were drawn. Mr. Haul, as I collect from my notes, ordered the people to give 3 cheers which they did. My opinion was, that the cheers were given for the purpose of showing the military that they were not daunted by their unwelcome presence. The cavalry advan- ced and Mr. Hunt told the people it was a mere trick to disturb them, but he trusted they would all stand firm. He scarcely had said these words, when the Manchester Yeo- manry rode into the mob, who opened for them in the most peaceable manner. The cavalry directed their course to- the bastings, and, when they arrived there, took a number of individuals into custody. I. recollect an officer went up to \ou, with his sword in his hand, and desired you to sur- render. You said you would not surrender to a military officer, but if any peace officer came up, you would surren- 208 dor. No peace officer had presented himself to the hustings before that. Nadiu then came, as it appeared to me, from under the waggon. He said he had information <>u oath against you. You immediately surrendered, after first de- siring the people to be quiet. I saw no resistance made by the people lo the yeomanry as they advanced towards the hustings. The people got oat of tiieir way as rVtst as they could. My eyes were directed to their progress from the time they left Mr. Buxton's till they reached the hustings. I saw no stones, brickbats, and bludgeons, hurled at them as they advanced to the hustings. I cannot speak of your turning pale, or manifesting alarm, because your back v. :• ; towards me. You certainly incited no one to resistance. If brickbats, stones, cudgels, and bludgeons, had been hurled in the air in any great quantity, I must have seen them, f I saw no such thing. I don't recollect having seen any foot soldiers from the hustings before the yeomanry appeared. If there were any soldiers pr. sent, and you had pointed at them and said, " There are your enemies, if they molest von put them down, and having put them down, keep them down," I must have heard you. Nothing of the serf, occurred. I can say positively that nothing of the kind hap- pened. When the Yeomanry appeared, you desired the people to cheer, and they did. Those cheers were of the same kind as were given when you first ascended the hust- ings, but perhaps louder. The multitude did not hiss hoot, or groan at them. I only heard cheering, which would prevent hisses from being distinguished. If there had been groaning, hissing, and hooting, at the extremity of the crowd, the cheeimg of those Youad the huntings would prevent me from healing il. I saw no sticks flourished by the people as the cavalry approached. Had they been flourished, 1 must have seen it. 1 was looking towards the magistrate's house. 1 saw the special constables using the!: 1 staves. They beat the people with them ; am! of course raised them in the air. That was after the Yeomanry had arrived at the hustings ; the consta- bles were then in the rear of the Yeomanry. I do not know that the constables were beating those who escaped from the Yeomanry, they were striking those around them. If there had been a general resistance on the part of the peo- ple when the Yeomanry came up, i must have seen it. There was no such thing. Examined by Mr. Barrow. lain son of the late Mr„ Tyas, an eminent Proctor in the ciiv of London. It was a little after one when I •.>•>> Mr. 209 Moorlioase in the street, He was hailed by Mr. Hunt. Mr, JohniJOii and Mr. Hunt went on the hustings together! I do no'^know whether or not Moorhousegot on the hustings. 1 did not see any person at work on the hustings. Cross-examined by Mr. Scarlett. As the cavalry advanced towards the hustings, the people made way for them as fast as they could. The constables were behind the cavalry, and were striking persons be- tween the cavalry and them. From the time the cavalry ar- rived until Mr. Hunt was taken, occupied about live or six minutes. 1 was taken into custody. I meant to have fol- lowed *Mr. Hunt to the NewJBailey, as he was the great source of attraction : but seeing the Yeomanry strike sero- sal persons, 1 looked out for a constable, and placed myself under his protection. I was, however, apprehended. I took a note of several of the inscriptions on the banners. (Here the witness spoke of the several inscriptions on the flags, as they have already been stated). There were two bands of female reformers. The ladies from Royton, had a flag with the extraordinary inscription, " Let us die like men, and not be sold like slaves." There were many caps of liberty, and the inscription generally was, " Hunt and Liberty." Mr. Hunt toid me at tiie Exchange that there w r as no room in the carriage forme, but room was found for Moorhouse. Carlile, whom 1 have since seen in London, was in the car- riage, I believe Knight was also in it. I don't recollect any hissing after we left the avenue leading to the police- office. I recollect every symptom of popular disapprobation being manifested as the crowd passed the Star-inn and the police-ofiice. The magistrates had their head-quarters at the Star-inn I am not sufficiently acquainted with tin; streets of Manchester to know whether the procession advanced to the hustingsby the most direct road. The people appeared tome to go up tothe hustings, and place themselves promiscuously round it. 1 think, when Mr. Johnson and Mr. Hunt told the people to cheer, the cheer was greater than that which was given to Mr. Hunt. I think the cheer seemed to intimate, "We have mot for a fixed purpose to petition for reform, and your presence shall not prevent us."' In one sense, it was a cheer of defiance, but not in another. 1 do not think it was meant te intimate that they would resist the yeomanry, but that they had met to do what they conceived to be their duty, without transgressing the law, and they would not be intimidated. In this hitter sense, it might be considered a cheer of defiance. I think there were about 80,000 persons '2iO present, but it was a very difficult point to decide on. As the divisions advanced, most of those who composed them had walking-sticks. I did not observe them carry the sticks on their shoulders —they used them for walking. I arrived in Manchester on the Gth. I saw Mr. Hunt on the Dth, coming down the street called Piccadilly, and by the Ex- change; but I did not hear him make his speecb. I knew nothing of the meeting but by public advertisement — nothing of the plans or arrangements of their committee. Re-examined by Mr, Hunt. — The report I sent to The Times appeared in that pap6r, except that some parts which were stale, owing to the delay, were struck out, and that some remarks, in which I reflected strongly on the conduct of the yeomanry, were softened down. I saw no such thing as a bloody dagger at the meeting. When the military appeared, there certainly did seem a disposition in some part of the crowd to run away. The cheer ordered by Mr. Hunt was recommended by him (Hunt), to restore confi- dence to those who were running away. I heard Mr. Hunt say to some persons on the hustings, " We will give them three cheers to re-assure them," or to that effect ; but this was not said publicly to the people. There was not, as far as I could discover, any resistance whatsoever offered to the yeomanry. It did not strike me that the people wished to close in ou the military, for the purpose of cutting them off; but when the military had passed, the people were pressed in, and to prevent the pressure made in giving way, rushed back to their former places. This was, as I suppose, not a voluntary rush, but a rush occasioned by the pressure. The people at the outskirts continued going away when the Yeomanry came ; but 1 did not observe the gene- ral flight until the Yeomanry began to cut the flags and ban- ners. Ou Mr. Hunt's arrest the people were Hying in every direction. 1 was struck at myself twice on the hustings, and I was not resisting. I never heard you (to Mr. Hunt) desire or urge the people to resist ; but, on the contrary, you desired the people not to resist. A part of the crowd might have hissed without my having heard them. I heard none. I should think, from their very peaceable conduct, that there was none. By the Court. — When 1 passed by the Star, 1 did not see either Mr. Hunt or Mr. Johnson do any thing which could hare produced the hissing. 1 don't recollect that the}" did any thing to put a stop to it. Nothing was said nr done by either of them to encourage or produce hissing it the police-officers, nor did 1 see them do any thing to 211 prevent it. The hissing was general as far as 1 could ob- serve. It was of no very long duration. Mr. Hunt had desired the people to observe tranquillity at several times. 1 think the carriage of Mr Hunt was stopped without any direction. It was frequently stopped by the crowd not getting on. They (Hunt and Johnson) certainly gave no orders to have the carriage stopped at the places mentioned. The address of Mr. Hunt, not to resist, was to the people at large. The words were, " By all means do not resist;" in 6hort, he was perpetually addressing them on this point, and very earnestly. He desired them at various times not to resist. He said, ''If they want me let me go." This was before the military had got to the hustings. Words to this effect he repeated several times. By Mr. Johnson. — 1 think 1 did see you put your hand to the people to restrain them from hissing at the police, but 1 cannot swear to it. At the conclusion of this ex animation the Court adjourned. SEVENTH DAY, Flie moment the court was opened this morning, both the galleries and the body of the Court were crowded to excess. At nine o'clock Mr. Justice Bayley entered the Court. — Mr. Hunt having, with the other Defendants, taken his seat at the table, proceeded to call witnesses. The first person called was, John Earnshaw, a member of the Society of Friends. Mr. Hunt submitted that he had a right to examine this witness upon his affirmation, as to what he had seen on the 16th of August. Mr. Justice Bayley said, that Quakers were, by the. 7th and 8th Wm. 111. chap. 74, precluded from giving evidence in criminal prosecutions, otherwise than upon oath. The Learned Judge cited several cases where the evidence of Quakers had been refused. He mentioned also an instance where a rule for a criminal information had been discharged, on the ground of its having been obtained upon the affirma- tion of a Quaker. Mr. Hunt said, that he would not press the point against his Lordship's opinion, particularly as he had other witnesses to prcve the same facts. He then proceeded to call other witnesses. Dd 212 JOHN BHATTARGH sworn, Examined by Mr. Hunt. I am a Wharfinger, and reside at Pendleton, near Man rbester. On the 16th of August 1 was in company with Mr. Earnsbaw and Mr. Bancroft (two members of the So- ciety of Friends), in a room overlooking the meeting. 1 went to Manchester on that day, to collect money; business was going on as usual. I went up to the New Cross, where a groat crowd of people was assembled. There were no shops shut up then ; business was going on as usual at New Cross. This was about ten o'clock. There were great crowds there ; they were forming into line. 1 conversed with several persons on the subject of the meeting, but no one expressed any alarm for the safety of the town. 1 felt no alarm myself; if 1 had 1 should have stopped my teams. 1 had two teams at work on that day, and they carted as great a quantity of coals as on any other day. I suppose the people formed into line for the purpose of getting through the streets with more ease. I saw several parties come in- to town; there were many women and children with them. The women were tidily dressed ; apparently in their holiday clothes. 1 saw one party headed by several females, walk- ing in procession. At Shude-hill 1 saw the Bury party; they also had numbers of women and children with them. 1 saw the black flag borne by the Lees and Saddleworth party ; they had not large bludgeons or cudgels in their hands; they had some common walking sticks; if they had staves four or five feet long, and as thick as my wrist, shoul- dered like muskets, 1 most assuredly must have seen them; but 1 did not see any such thing. The Bury party were walk- ing quietly along when I saw them. I saw no ill conduct or acts of violence commit led by any of them. I went to the meeting about }'2 o'clock, in order to witness the proceed- ings. I was on the second floor of a house about 30 yards from the hustings. 1 had a complete view of the hustings and of the whole field. I went to the room by the invita- tion of Mr. Bancroft, who had taken it in order to see the meeting. 1 sa« several of the patties arrive. I saw nothing jn their appearance different from those I have already nien- tioncrl. They had flags and bands of music. I heard "God save the King" and "Rnle, Brilarmia," played. They were received with loud approbation. If did not strike me a< a disloyal meeting. I saw no symptoms of disloyalty amongst Thorn. I don't belong to any of the Unions for Reform. I rhservfd, when tbev wore all **s-?mblf o\ that it wa? the ^ra'idest sight I n>r saw in mv life, and ?o I think yet. I sa-.v a double lint of coustdbleb directlv under me. Manv 213 of them were persons whom I knew to be special constables. I saw no acts of violence or any insult offered to them. 1 saw Nadin come down the line, and go up again towards Buxton's, before you came. There was no insult or violence offered to him. I saw you arrive ; you were received with cheers. The people took off their hats when they cheered. When " God save the King" was played, all the people that I supposed belonged to the meeting, took off their hats ; but the constables did not take off their hats. Mr. Hunt. — That is a curious fact, my Lord. I heard part of what you said when you got upon the hustiugs, but not distinctly. I was between the hustings and the Magistrates' house. After you addressed the peo- ple, there was some disturbance behind the hustings. You turned round, and extending your hand, said, " If any one create any disturbance, put him down and keep him down.' This appeared to he addressed to some one belonging to the hustings. 1 did not hear you say, pointing to the military, "There are your enemies, if they molest you, put them down and keep them down." It was impossible, as the soldiers had not arrived at the time. 1 saw the military come up at the corner of Dickenson-street. This caused some confusion, and the people in the outskirts began to run. You cheered in order to keep them together, and the effect of it was, that the people stood still again. Then the cavalry came in, and formed opposite the house where, as 1 since understood, the magistrates were. They put them- selves in line, and cheered. 1 saw nothing done by any of the crowd to resist them. 1 never took my eyes off the ca- valry till they got round the hustings. They advanced at either a canter or a gallop; they came as fast as they could. There were not any stones or bricks thrown at them, nor any sticks thrown at or lifted up against them. 1 could see all that passed as well as 1 can see this Court now. Cross-examined by Mr. Scarlett — I have lived in Pendle- ton 34 years. I lived in London about nine years since. I have men to go with my carts. L shook a handkerchief out of the window when Mr. Hunt arrived. 1 joined in the shout. I cannot say whether there was any difference be- tween the shout given when Mr. Hunt arrived and that given on the arrival of the cavalry. I have heard people say there were 150,000 persons present. I gave a pound note towards Mr. Hunt's Election for Preston before I left Manchester. This was the only subscription in which I joined. 214 Re-examined by Mr. Hunt — I nerer saw yon before you arrived in the carriage. HEN BY ANDREWS, sworn— Examined by Mr. Hunt- I have been your servant seven years. I have been at many meetings. I accompanied you to the three meetings at Spa- London; to the public meetings at Bristol, Bath, the county meetings in Wells, Wiltshire and Salisbury, and the public meetings at Westminster. I have heard that you are a freeman of Bristol. 1 know that you have property in Bath; you have houses, a large yard, and out premises there. You are Lord of the Manor of Glastonbury, in So- mersetshire, and have a farm there, 1 perambulated the bounds there for you. You also have farms in Wiltshire and Hampshire. 1 know you are a Liveryman of London. When you attended the Westminster meeting you resided there. 1 accompanied you to the Manchester meeting, as well as to all the others which you have attended. 1 never saw any riot or breach of the peace committed by of any the persons composing those meetings. The meeting on Brandon-hill, Bristol, was surrounded by he Tie soldiers. The people and yourself cheered them, both in going to and coming from the meeting. This did not appear to give any offence to the soldiers. 1 recollect meeting some of the Horse Guards on our return from one of the Spafields meetings ; they were cheered. There was also some hissing. You did not hiss. You rose in the gig and told the people not to hiss the sol- diers, but to cheer them ; this was done, and the soldiers passed quietly on. We met a second party of soldiers, and the same thing occurred. There were no lives lost. 1 was with you at the second Spa-fields meeting. There had been a riot before we arrived. We arrived at Spa-fields about 12 o'clock. The rioters were gone then. 1 accompanied you to Bullock Smithy in August last. When you heard that the meeting was put off, you said you would return. You went to Stockport, and the next morning you went to Manchester. L walked before the gig. In Manchester you addressed the people. You said you must return, and the people Sirid, " no, no," wait to the 10th. 1 recollect this, asl wanted to go back myself. 1 left a wife and family be- hind me, besides, 1 had lost my linen in the way down. We returned to Mr. Johnson's. Next day you came into the stable and said you would remain till the 16th. 1 remember your speaking about your political horse, Bob. Bob is now- dead, and buried at Preston. 1 saw his grave. It was said that he was poisoned at Lancaster Assizes. 1 know you have 21 had large farms at El ford, where you were horn. You were always called the poor man's friend. Mr. Hunt. — My Lord, I call this witness to character. Mr. Scarlett. — This is reversing the thing. It was usual to call the master to the character of the servant. I never heard you urge any meeting to acts of violence. You were called the poor man's friend, as you said, that il fa poor man worked hard all the week, he ought to have enough to support a family. You were generally visited by Squire Wigmore and Mr. Hutchins, the clergyman of the parish. I never saw you or any of your company intoxicated in my life. My fellow-servant (a female) has lived upwards of six years with you. Cross-examined by 3Ir. Serjeant Hullock. My fellow-servant is not here to give my master a charac- ter ; he can say as much for me as I have said for him. I do not know my master has any property at Manchester. I remember hearing that Mr. Beckwith's shop was broken open, and some guns stolen on the day of one of the Spa Fields meetings ; I heard a man was shot in the shop. This was before he went to the meeting. Mr. Hunt was chairman at that meeting ; I did not see Watson there; I cannot say that I knew him at the time. I never saw Thistlewood and Dr Watson in company with Mr. Hunt. I knew no other per- son at the meeting but Mr. Hunt. I did not accompany Mr. Hunt to London after his liberation from Lancaster g*ol. I was not at the dinner given after his entry into town. W r e came to Mr. Moorhouse's house from Bullock Smithy. My master remained all night. 1 cannot say that Knight was there when we went. I first saw Knight at £ medley Cottage. I do not know Mr. Carlile. I can't say whether he was at Smedley Cottage or not. I was not with Mr. Hunt when his action against Dr. Stoddart was expected to come on at Guildhall, London. 1 was in the country, at Middleton Cot- tage. I was never at Blackheath with my master. I have heard of his having been a brewer at Bristol. I believe Mr. Hunt is a lodger, w hen in London. When he lodged in Nor- folk street, Strand, he had three rooms and a kitchen. 1 have not been in town with him lately. Whilst we remained at Manchester we were at Johnson's house. I knew that Mr. Grundy called on Mr. Hunt, because I held his horse. I saw Mr. Hunt and Mr. Johnson go in a carriage to the meet- ing on the lGth of August. I believe Knight also was iu the carriage. There was a fourth person, but I do not know who he was. 1 never saw him before or since. Mv mister 216 breakfasted with Mr. Johnson that raornmg. I do not know whose carriage it was. Mr. Johnson does not keep a ba- rouche. Re examined by M r. Hunt. 1 never in my lite sat down with you to dinner. 1 never professed to meddle with politics. 1 have enough to do in minding my business. Mr. Hunt.— No, it is quite enough that the master should be a politician. By the Judge. — "When my master said that a poor man who worked from Monday morning to Saturday night ought to get enough to support his family, 1 did not understand him to insinuate that people so working did not get. enough. EDWARD RAINES, jun, sworn.— Examined by Mr. Hunt. 1 have not made any depositions. 1 am connected with The Leeds Mercury 1 have not read any newspaper con- taining the evidence given on this trial. 1 have cautiously abstained from doing so. I attended the meeting on the lGth of August for the purpose of giving a report of the bu- siness. I was upon the hustings that day. I arrived on the field at 12 o'clock. I saw the different parties come up in ranks, arm in arm ; they were received as they advanced to the hustings, each with three times three cheers. They did not take up their stations in a very regular manner; they all got as close to the hustings as they could. Nothing parti- cular struck me, but that they came in bodies ; some attend- ed with music and banners. 1 do not recollect any of the tunes played ; I took particular notice of their sticks; my attention was, from previous information, particularly drawn to this point; 1 saw nothing in their hands but common walking sticks; many had them, but I cannot say the pro- portion. I did not notice a greater proportion of sticks than is usual among country people at races, or on other such occasions. 1 saw no long staves shouldered like muskets,, nor any thing resembling them. I looked at all the parties as they came on the ground, but I saw no such thing. If such ac ircumstance as this occurred, 1, attending as a Reporter, must, I think, have noticed it. 1 advanced to the hustings, or cart about half past twelve, and remained in that situation till one o'clock, when another cart arrived with boards. When the hustings were formed, I mounted them. There was no removal after the first erection of the hustings. One or two \ oung men from the •217 hustings frequently recommended order, as the parties arri- ved, and the order was observed as perfectly as, under such circumstances, it could be. About one o'clock a subscrip- tion was raised, to get those who came from a distance some ale, but they afterwards resolved to have nothing but water, and a can of water was sent for. About one you arrived, followed by a very large procession. On mounting the hust- ings you appeared out of temper at the situation in which they were placed. Among those who came upon the hust- ings were a number of girls, dressed uniformly in white. They appeared on an average to be about 22 or 23 years of age : I think there were twelve or fourteen in number. I think the reason of their being on the hustings was to avoid the pressure of the crowd, which was very great at the time ; one or two women had fainted from the pressure. An at- tempt was now made by those nearest the hustings to push themselves back, in order to avoid pressing against them : they partially succeeded. To the best of my knowledge, while Mr. Hunt was speaking, the crowd was close to the hustings. After a few minutes you began your speech. I took notes of that speech in short-hand; I had some diffi- culty in doing so (Here witness produced his notes, and al- so a copy of what he had written from tbem). The speech commenced thus : — " Friends and fellow-countrymen, I must beg your indulgence for a short time, and beg that you will keep silence. I hope you will exercise the all-powerful right of the people in an orderly manner." — [Here witnees said that the ,w ords " orderly manner" were not in his notes]. I wrote it a few hours after from memory; that was usual with reporters. He proceeded to read — "And any man that wants to breed a disturbance, let him be instantly put down. For the honour you have done me by inviting me to [preside at your meeting I return you my thanks-, and all I have to beg of you is, that you will indulge me with your patient attention. It is impossible that, with the most patient attention, we shall be able to make ourselves heard by the whole of this immense assembly. It is useless for me to attempt to relate to you the proceedings oi the last week or ten days in this town and neighbourhood; you well know- them, and the cause of the meeting appointed for last Monday being prevented; it is therefore useless for me to say one word on that subject, only to observe, that those who put us down, and prevented us from meeting on Mon- day last, by their malignant exertions, have produced a two- fold number to-day. It will be perceived, that in calling this new meeting, our enemies, who flattered themselves they 218 bad jrained a victory, have sustained a greater defeat. There Lave been two or three placards posted up last week, with the names of one or two insignificant individnals attached to them— one Tom Long, or Jack Short, a printer." — At that moment 1 observed the cavalry come on the ground at a ra- pid pace, from the direction of St/Peter's Church. They acre in considerable disorder. They had not then come Fnto the crowd. They drew up in front of Mr. Buxton's house, the foremost of them being opposite to it. I have omitted one circumstance which occurred before the cavalry arrived. Mr. Hunt stopped in the middle of his speech, for ■what reason I do not know, and directed the people to give three cheers ; he turned round and said to those near him, "there is some disturbance in the outskirts' 'tis only to rally tfoein, that is all." As the cavalry approached Mr. Buxton's house, Mr. Hunt said " you see they are in disorder, this is a trick-" The cavalry, after halt-ng about three minutes, brandished their swords, and advanced. 1 saw no attempt made to resist them, nor did I hear any encouragement given to do so. My eyes were directed towards the cavalry till they began to advance to the hustings. When they had. got about 10 yards into the crowd, I turned away ; 1 saw no stones or brick bats, thrown, nor any sticks lifted up against them. 1 should think the hi stings, were GO or 70 yards from Mr. Buxton's house; when the cavalry were within about 30 yards of the hustings, X turned away. In about half a minute they arrived at the hustings, Mr. Hunt, stret- ching out his 'arm, ctied " be firm." Ifis face was then in the direction of the cavalry. The words were addressed to the whole crowd. No application had been made, to my knowledge, for the cavalry to pass through. I had no know- ledge of the purpose for which the cavalry advanced, nor have I any reason to suppose Mr. Hunt had. There was a huge body of special constables near the cavalry, but they remained stationary. I saw no constables accompanying the cavalry. I heard nothing from Mr. Hunt alter the words " be linn," but the words "give three cheers;" these words were repealed., as were the words " be firm." 1 think the last direction to give three cheers, was when the cavalry lirst arrived. 1 left the hustings when the cavalry- bad advanced about ten \ ait's into the crowd. I got off at the back of the hustings, and went through the people, to the distance of about four yards, in the opposite direction from Mr. Buxton's house. By that lime 1 saw a trumpeter, en a rye-bald horse, wheeling his horse to the back of the hust- mgs; the crowd, as if h\ one impulse, moved back; 1 was 219 carried about thirty yards back ; 1 then got upon a cart, and looked towards the hustings ; 1 saw no resistance made to the military. Mr. Hunt.— Did you not see something done by the cavalry, which, according to your impression, was calculated to cause resistance on the part of the people X Mr. Scarlett objected to this question. Mr. Justice Bayley. — 1 can't allow the witness to an- swer that question, and for this reason, bacause the Jury would be trying the question from prejudice, and not from the evidence. — 1 have thought much upon it, and 1 am of opinion that the question ought not to be asked. Mr. Hunt. — My Lord, 1 think 1 have a right to shew the nature of the attack made upon the people. Mr. Justice Bayley. —1 am of a different opinion. 1 have taken a note of your observations, and you shall have all the benefit arising from it. When 1 got off" the hustings 1 met with no impediment but from the density of the crowd. The Trumpeter was about two yards from the hustings, and an equal distance from me when 1 saw him. He was between me and the hustings. He had been enabled to come round through the crowd, In that quarter (the back part and side) there was no locking of arms near the hustings. 1 cannot say how they were at a distance. 1 did not see a cordon of locked arms, eight or ten deep, round the hustings. 1 did not see any people locked arm in arm. 1 think it was not possible to see whether any persons had their arms locked at a dis- tance of four yards. 1 can't say whether or not they were locked arm in arm close in front of the hustings. 1 saw the whole of the people form round the hustings as they came up. 1 perceived no difference between the manner of their forming and that usual at other meetings. I have attended public meetings at Leeds, York, and elsewhere. I did not hear any one direct the people to lock arm in arm, in order to keep the cavalry, from coming amongst them. It was not possible to see from Mr. Buxton's house whether the people were locked arm in arm or not. I saw nothing warlike in the meeting. The people had not the ap- pearance of disciplined troops, ready to protect Hunt or to fight for him, as occasion offered. I saw no infantry. My impression was, that the eheers were cheers of conscious innocence, confidently relying on the protection of the laws. You did not point to the soldiery, and say to the people, " Your enemies are among you ; if they attempt to molest F. e no you, got them down and keep them down." I stood near vou, and I think I must have heard the words, had you used them. I heard nothing like those words. I did not hear you say, when the cavalry arrived, " They are only a few soldiers, very few, and we are a host against them." If any such words were used, I must have heard them. When you bid the people be firm, you used no gesture, or action, or other expression, to induce them to resist. My impression was, that you merely wished the people to stand, and to pre- vent dinger from their running away. Mr. Scarlett objected to any questions respecting witness's impressions of what was said. Mr. Justice Bayley said the witness had a right to give his impressions of what lie had seen and heard. Mr. Hunt— My Lord, I — Mr. Justice Bayley — Mr. Hunt, I have decided in your favour. Mr. Hunt — My Lord, I shall waive the question with re- spect to this and all other witnesses, and perhaps it will be for your Lordship's convenience, provided Mr. Scarlett will consent to expunge from the evidence the impressions of Messrs. Green, Hardman, &c. Mr. Scarlett — That is different. Those are impressions with respect to the meeting. By the Judge — When the words " be firm" were used, the people stood perfectly still. I saw no sticks lifted up, or stones thrown. The people did not put themselves in any posture, either of offence or defence. All eyes were bent on the cavalry. It was very possible for those nearest the ca- valry either to have rushed upon them, or struck them. It did not appear that the words used by Mr. Hunt were for the purpose of inducing the people to put themselves in a posture of offence or defence. By Mr. Hunt — When you used the words " be firm," you stretched out your arms, with your hands open and the palms down. Cross examined by Mr. Scarlett — 1 do not know whether Mr. Hunt had his hat en or not. 1 only saw the left hand. 1 do not know what he had in his right hand. 1 was in- duced to notice the sticks, from having heard that the Ra- dical Reformers came to their meetings armed with clubs and cudgels. ] have no recollection of having seen a letter of Mr. Hunt to the people of Manchester, inviting them to come to the meeting armed with no other weapon than a self-approving conscience. 2-21 • By Mr. Barrow— 1 did not see Jones on the hustings. By Dr. Healv — t saw you on the hustings; yeu desired the people to be quiet. By the Judge- 1 took notice of the places from wh ; ch the parlies came, as they were mentioned on the banners. Mr. Thomas Schnfield sivorn. — Examined by Mr. Hunt. 1 reside at Shelderslow, near Manchester. 1 was at Lees on the IGth of August. I saw about 40 or 50 men as- semble on that morning ; they had nothing in their hands more than common walking-sticks used in the country. 1 went lo Oldham that morning. 1 saw a large assembly of of people on Bent-green ; 1 left them there and proceeded to Manchester on my business. 1 am a cotton carder. 1 found that business was going on as usual at Manchester. It was half past eleven when 1 got down to the Infirmary. 1 heard no fears expressed of the consequences of the meet- ing. At the top of Moseley -street, 1 saw the Stockport people pass. They consisted of men, women, boys and girls, all walking in procession. There were many of the women walking arm in arm with the men in the procession. They did not look to me as if they were going to commit any act of violence. Some appeared rather decent, and others not. They appeared to be a people sadly torn down and in dis- tress. I dare say they had on the best clothes they could muster. The shops were all open the same as they are on any other day, for any thing 1 saw. I saw the Oldham, Roy ton, Lees, Saddleworth and Moseley parties pass the Exchange door, and looking through the windows. [Mr. Hunt here observed, that the Exchange was a large build- ing where the gentlemen of the town go to read the papers and transact business.] The gentlemen seemed laughing at the flags. There was no symptom of alarm manifested. The people passed by in a peaceable and orderly manner. I saw no insult offered to any one. I saw no uncommon number of sticks with the people. I did not join the procession. 1 saw nothing to alarm me. I went to Peter's-field. I saw some peace officers, but did not know them to be such until they began'to use their bludgeons. I saw the cavalry come upon the ground. They formed in front of Mr.Buxton's house. 1 saw no resistance on the part of the people. By the Judge. — I saw no resistance on the part of the people. By Mr. Hunt. — I was near the hustings, but not so near as that the cavalry could reach me with the cuts of their sa- bres. [ saw no insult or abuse whatever offered to Uk- '2-2-2 cavalry or constables. The people appeared to get out of the way as fast as they could, to let the cavalry pass. I was nearer" to the hustings than to Mr. Buxton's house. 1 kept my eyes on the Yeomanry as well as I could till they got up to the hustings. 1 am five feet ten inches high. 1 could see very well over the people. 1 saw no brick-bats or stones thrown, nor sticks lifted up against the cavalry. The peo- ple were so jammed and crowded together, that they cloud not do so, even had they|been inclined. Mr. Scarlett— You may go, my friend, I have no questions to ask you. ROBERT HARROP, sworn. — examined by Mr. Hunt. — I live at Lees, and manage a spinning concern for my father. 1 recollect directions having been given to buy linen to make a flag — some white bleached cambric wa3 bought, it was to make a flag to go to the Manchester meeting. Directions were given to have inscriptions and devices put upon it, and they were put on accordingly, but it would not answer, be- cause, when the painter began to letter it in black, the let- tering was seen through, and it prevented the reading. We determined to have it of some other colour, and the painter having no paint but the black with which he was painting the letters, we agreed that the flag should be painted black , and that the inscriptions and devices should be painted white. This was the sole cause of the white flag being made a black one. It was never pointed out to us, nor had we any idea that a black flag was more offensive than a white one. I did not see the procession go off to Manchester. 1 did not go with then. 1 went by myself. 1 saw the parties in Man- chester. 1 did not see any of my townswomen with them.-- There were women with the Stockport party. 1 saw no large sticks or staves, either with our own or either of the other parties. If any of my own townspeople had come armed in this way 1 should have noticed it. 1 went to the meeting. 1 saw nothing in the course of the morning which created any alarm in my mind for the safety of the town ; the shops were all open, and business going on as usual. 1 was at the exchange. There were many of the townspeople there. 1 heard no expression of alarm by any of them. 1 did not see any act of violence or any insult offered to the gentlemen on the Exchange, or to any one else, by any of the parties. 1 saw the cavalry go to the hustings. By the Judge. — 1 did not see the people do any thing to resist the cavalry. I wa> at the extremity of the meeting, and had to look acroos the people. I was not in a bituatiim 223 to see whether any resistance was offered near the hustings, I saw no resistance during the whole of the day. Some of the cavalry Jcame near where I was, but there appeared no disposition to resist them. I could not see any clubs with the people near me. Cress-Examined by Mr. Scarlett. I did not put on the flag the words " No borough- mongeriag," " Unite and be free," " Saddleworth, Lees, and Moseley Union" on one side ; and on the other ** Taxation without representation is unjust and tyrannical," " Equal representation or death." There was a hand hold- ing the scales of justice, and the word "justice" under it. On the other there were two hands clasped, and the word " love" under them. [Here the flag was produced : it was about six feet long by three or four broad], — That is the flag ; the women I think put the white fringe upon it. I selected some of the mottoes. Mr. Scarlett — Did Doctor Healy chuse any of the mot- toes 1 Witness — No. Mr. Scarlett — Because he seems to have a parental fond- ness for it. Mi. Hunt— I perceive there is a piece cut out of the flag, I hope it won't be said the bloody dagger was upon that piece. Witness — No. There was not a bloody dagger on the fla?. Dr. Healy — I was afraid you would not produce the flag, Mr. Scarlett, and so I have brought a model of it. [Here the Doctor produced a small model of the flag, with the in- scriptions, &c. It was fastened to a stick, suspended from a pole, as hanging signs are over shop doors or windows], Mr. Scarlett observed, that the word death was in small letters on the model, but on the flag itself the letters were large. Mr. Hunt — My Lord, the model is done from memory. Witness — I am quite sure there was no bloody dagger painted upon it. Mr. Hunt — Are you quite sure that there was no bloody dagger on the flag, as described by Mr. Scarlett? Witness — I am sure there was not. Mr. Scarlett — I shall explain that by-and-by. W. NICHOLSON Sworn— Examined by Mr. Hunt. 1 live at Lees ; 1 am a printer ; I was not called upon to paint a flag before the 16th of August. I went to Man- 224 Chester o» that day, but not with the Lees party. 1 saw them near the Exchange at Manchester ; they had a black flag ; I saw part of it painted ; 1 saw no difference in the appearance of Manchester on that da}, save in one instance, I saw a public-house with the windows shut ; I went in with some friends and called for a quart of beer ; a female ser- vant said they could not give it, as they had received orders from the Magistrates not to sell any on that day, however she would ask her mistress ; she afterwards returned and we got two quarts of beer ; I saw a procession pass. A waggon broke through it without molestation, as did also several gentlemen. I took notice of their sticks ; I think about one to four had sticks, they were for the most part switch sticks. The procession was headed by about 30 or 40 females rather poorly attired ; they walked four a-breast ; I saw people pass along without taking any notice of the procession, which surprised me. I heard no one express any alarm at the entrance of the people into town. Mr. Hunt— Were you on St. Peter's-field ? Witness — I beg your pardon Sir ; I have made a digres- sion ; I must go back to the Exchange, if you please. Mr. Hunt — Sir, I wish to bring you as shortly as I can to the evidence ; you had better let me question you : — Were you on St. Peter's-field ? Witness — I was. Mr. Hunt' — Did you see me arrive ? Witness — I beg your pardon, Sir. — Are you Mr. Hunt ? Mr. Hunt — Yes. — Did you see me arrive on the field ? Witness — Oh, I beg your pardon, Sir ; I had not the pleasure of knowing you before. Yes, I saw you arrive. I had heard of your great refutation for oratory, and so I was anxious to get near the hustings, in order to hear you, and judfje for myself. T saw the soldiers advance, but not a single person offer- ed them the least opposition ; in fact the people were so dense that it was impossible to get out of the way. I did not see Dr. Healy advance with his party, but I was too busily employed looking at the people in the Exchange; they seemed anxious to see the procession pass, but they positively betrayed no symptoms of alarm. 1 saw one yeo- man pass the Exchange, and nobody insult him. T saw both Wylde and Dr. Healy on the hustings, and heard the latter say, " Be peaceable ; take care you are not thrown into confusion." He lived at Lees, and had a considerable property there, with his father. When the cavalry had ad~ vanced beyond the hustings he saw some sticks thrown ••his w.i* after the arrest. ■225 The Court held that this evidence was not necessary. Cross-examined by Mr. Sergeant Hullock. We are booksellers, but never sell any of the " trash" publications, as they are called — that is, Cobbett, Wooller, and such like. We never sold Hunt's Speeches ; do not know whether they are trash. — [This witness excited con- siderable laughter, from the didactic manner in which he delivered his evidence. At one time Mr. Hunt was north- east of him, at another south-west. Sometimes lie saw his back, sometimes his front; at other times the wind was in his favour, as well as against him. The witness himself, being a cheerful good-natured man, heartily joined in the laugh, which the gravity of the Court could not occasionally resist.] JOHN HULLEY, sworn, — Examined by Mr. Hunt. Was a woollen-clothier, residing in Moseley, and went to the Manchester meeting with his mother and wife ; the former was 65 years of age. There was no appearance at Manchester of alarm. The shops were at business, and the people following their usual occupations ; he saw the differ- ent processions enter, and in a peaceable, quiet, and orderly manner, without offering the slightest insult to any body. He took his goods into Manchester, and went round as usual to his customers. He had not the slightest fear about his property on that day. His customers did not appear to be alarmed about the meeting; they were carrying on their /rade as usual, and expressed no apprehensions about the people. Witness went to the meeting with his wife, and his mother, after she transacted some business of her own, was to have joined them. He saw no insult offered by any of the people at the meeting to any body. Q. Did you see any violence committed by any person else ? Mr. Justice Baylej— No, don't ask that question. It is obvious to what he alludes. 1 have other reasons for not wishing that their case should be investigated or prejudiced here. Mr. Hunt had no wish to press any question upon a wit- ness which his Lordship considered irregular. He saw Mr. Buxton's house as well as the hustings, and could see plainly what occurred in the line between them. He saw the cavalry come from Buxton's to the hustings. There was no resist- ance whatever offered to the cavalry by the meeting. He did not hear any of the cavalry say what they wanted at the 22(5 hustings. He was nearer to the caralry than the people on the hustings ; and if any of the latter heard any of the cavalry say what they wanted, he must have heard it also. He did not know the object of the cavalry to be to enable the con- stables to get up to serve a warrant. If any such communi- cation of their object had been loudly made, situated as he was, he must have heard it as soon at least as any body on the hustings could. Nancy Prestwitch examined. — Was mother of the last witness," and went to Manchester on the 16th of August, and walked there, thought it was ten miles distant. She saw a dozen or so of her own townswomen (from Mosely) and a number of others, at the meeting. Though she was sixty-five years of age, she walked out towards Smedley Cottage, after her walk into Manchester, and they formed her there at the head of the line, as Commander of about 200 or 300 women. She knew St. Peter's-fields, and got there before Mr. Hunt came. She wanted relief, and went and got a gill of beer, when she met Mr. Hunt, as she was coming back to the ground, the cavalry-men were coming there ; she stopped there. Neither herself nor any of the 200 or 300 women offered to take the cavalry prisoners: She went with peace, and joined in the shout when Mr. Hunt arrived, before she go- her gill of beer. When the cavalry-men came up she heard shouting, but did not join in it, not knowing what it was for. The people of Manchester did not seem alarmed about the meeting. If she had had any apprehension of riot she certainly should not have gone there. Mr. Scarlett said, it did not follow that because strangers entering the town had no apprehensions of riot, therefore the inhabitants in the town should be also free from alarm. He here freely confessed, that he did not mean fo charge Mr. Hunt with intending to excite the people at the instant to actual tumult. It was quite enough to shew that the effect of his pi'oceeding was intimidation. Mr. Justice Bayley. — Then it may so happen, perhaps, that your object is not sufficiently stated in the indictment. Mr. Scarlett thought intimidation would be quite enough. Mr. Justice Bayley — I would not for the world mislead the Jury. If I can hold the scales of justice equally ba- lanced, then I shall do my duty. Mr. Scarlett could not see Mr. Hunt's object in putting a number of the questions he had put. The only effect was to occupy a large portion of time. Mr. Hunt was surprised at this observation. The prose- cution occupied four days, not quite as much was yet given t&7" for the defehc>, "»hd yet'tfte Learned Gentleman com- plained. ; '■' "''*'; '• "■•' Mr. Scarlett said that three quarters of the time during the prosecution was taken up in cross-examinations. Mr. Huat, Yes, : aind very necessary ones. Mr. Scarlett, 'Wte : have shewn that a strong alarm was felt in Manchester. ' V: ■" Mr. Hunt, we have shewn the reverse. Mr. Justice Bayley, I must leave that to the Jury. Mr. Scarlett repeated, that it signified little what was the feeling of those -who camp in from the country, it was the peoph* -m the town; whose leelings were to be principally considered . »• ' Mr. Justice •Bavley, There are two questions : — First, whether there was actual terror in any considerable portion of the inhabitants ? Secondly, whether there were any ac- companying circumstances in the meeting so as to excite rea- sonable grounds for apprehension of the consequences ? these two points, I shall submit to the Jury. Examination resumed — They were all women ; no man came to put them in order. She went to look at the great man, and see what was going on. She had nothing to do with the Hags. Re-examined by Mr. Hunt. j carried no sword. We had good intentions — that we had [a laugh], ROBERT WOOD, sworn— Is a Chemist and Druggist in Manchester, residing near New Cross. He observed the Oldham and Saddleworth people enter the town en the I6th of August, and saw nothing particular in their conduct ; men, women, and children pas- sed altogether quite peaceable. He did not shut up his shop until evening, when the Magistrates ordered the doors to be closed. He saw no cause whatever for alarm, the people had no appearance of an invading army. Some few had common walking sticks, he saw no large stf.ve.s whatever. He went to St. Peter's field about 12 o'clock, and certainly heard no alarm expressed by any inhabitant. Mr. Serjeant Cross, Ten thousand may have no fear, and yet twenty thousand others may. Mr. Hunt, Yes, but if ten thousand have no fear, it is clear that they were free from the apprehension. Witness [Mr. Wood] with Dr. E-irnsl-jiw, of 1he Society •ef Friends, attempted to pass up to a window' of a house \>4 Part 8.— Priee Si.rprhcr.l f > 2-28 overlook the area, but were prevented by constables. They however, at length got to the window, and had a complete view of the hustings, and the whole line between it and Mr. Buxton's house. He saw many divisions of the people come np to the field. Some played " God save the King" and " Rule Britannia," and those near the music took off their hats, he supposed, on account of the tunes. He saw no insult whatever offered by the people. He saw Mr. Hunt arrive on the ground amidst loud clieeiing. (He then descri- bed Mr. Hunt's speech, as before described by other wit- nesses). While the speech was going on there seemed to be some slight disturbance towards Dean's-gate ; and he heard Mr. Hunt say, he had no doubt people would be sent among them to create a disturbance ; that if any such appeared, they should put them down and keep them down. Where the disturbance was, the place was exactly opposite Dicken- son-street. It was some time before the soldiers came, that Mr. Hunt desired the meeting to keep down their enemies. The observation could not possibly have been meant for the soldiers, who were not at the time on the spot. He saw the yeomanry advance at a quick pace round Brown's cottage and form in a line opposite Mr. Buxton's house. He after- wards saw them during their progress to the hustings, and did not see the least resistance opposed to them by the peo- ple. He saw no brick-bats, sticks, or stones flung at them as they advanced ; if such had been thrown he must have seen them. The place where the yeomanry charged was opposite his window ; he saw no sticks held up against them ; some constables held up their staves. The cavalry were within 20 yards of where he stood, and he did not bear them say what they wanted at the hustings. The staves appeared to be held up by the constables to protect themselves from the swords of the cavalry. Mr. Justice Bayley — That must not be asked. He was in the window with Dr. Earnshaw and Mr. Ban- croft (two of the Society of Friends). They were family men, and expressed no apprehension for the safety of their families. He saw no resistance offered to the cavalry, ex- cept from the density of the crowd ; the people could not get out of the way. Mr. Hunt.— How did they get up to the hustings, if the crowd could not get away ? Mr. Justice Bayley— Do not ask that. Witness said a passage was kept up nearly to the hustings by the constables ; he saw Mr. Nad in and others pass it. If a person from his window said that a constable wanted to -22.0 get up, it must have been heard. Nadin was frequently within hearing of Mr. Hunt; he (IVadin) was never disturb- ed whilst walking up and down through a cordon of consta- stables. He did not see a cordon of people around the hust- ings. From what witness saw, Nadin, he thought, might have passed up to the hustings; he (witness) could certainly have got there. The people stood about the hustings, in the ordinary way ; he was in a second floor, and much nearer the hustings than Buxton's house ; about 85 yards nearer. If bludgeons were thrown, he must have seen them; he saw no appearance " of disciplined troops in the crowd, ready to light for Hunt if occasion offered" (the words of a witness for the prosecution). He did not hear Mr. Hunt say, they (the soldiers) were very few, and the meeting a host against them. He merely heard him propose to give them three cheers. When the soldiers came, many at the skirts of the crowd began to run away. The cheers restored peace, and the people came back. JOHN ROCKLIFFE sworn. Lived near Lees, and was a master cotton-spinner. Was at Manchester on the 16th of August, and saw business going on there as usual, without any symptoms of alarm, or any shops shut. Mr. Peel's works were going on, and the people were looking out for the procession, rather with the appearance of cheerfulness than of alarm. Witness was afterwards at the meeting, which he described as being of the most peaceable description. In the streets he saw many respectable Ladies like those in Court, walk- ing in the streets, free from alarm and insult. Indeed as he passed along High-street, he felt astonished at the indiffer- ence of the people. The first time he saw the yeomanry, they were drawn in line before Mr. Buxton's house, bran- dishing their swords. Witness was from a dozen to twenty yards before the hustings ; saw the yeomanry approach; they went quite close to him. The crowd made no opposi- tion whatever to them, or he thought he must have seen them. Nothing at all was thrown at them, or he must have seen the missiles, for he saw the whole space made by the cavalry to the hustings, and saw them coining. He watched them the way they went ; He did not look whether the crowd closed in behind them. When the cavalry came through, every body strove to make the best of his way off". MARY JONES sworn. She was (he wife of a fustian-cutter, residing in 200 Windmill-street, near St. Peter's-field. She whs at home on the 16th August last, and would never forget that day. She then described the arrival of the different parties of the crowd, and also of the yeomanry cavalry. She saw no person whatever insulted by, or alarmed at, the crowd. She saw the whole of the approach of cavalry to the hustings, and no opposition was made to them by any of the crowd ; if it had been made in any manner, she must have seen it. The people fled when the yeomanry came up to the hustings ; a great many could not get away; many near her door were so pressed as to throw down an iron railing, and a woman was there killed. JOHN LEES, sworn. He lived at Crompton; was a master-manufacturer, and went to see the meeting. He saw the crowds ad- vancing to Manchester — they consisted of men, women and children. A few had walking-sticks, but no other weapons.— He then described that he saw the people afterward? on the field, from the front window of the Wind- mill public-house, almost immediately at the back of the hustings. The meeting was most peaceable; they lied when the yeomanry came, and made not the smallest resistance, or he must have seen it. He saw Nadin on the day, walking up and down in the line of the hustings. Heard nobody call out and make way to have a warrant executed. He did not hear the smallest notice given to the people of the ap- proach of the cavalry, nor of any warrant being about to be served. Mr. Scarlett observed, that many of Mr. Hunt's questions to-day were founded on a misapprehension of Mr. Hulton's testimony. Mr. Hunt denied this, and said be wanted to shew that neither Nadin nor any other person had attempted to execute a warrant; if they bad, there would have been no resistance. He was under no misapprehension respecting Mr. Hulton's evidence. That Gentleman had represented Nadin's telhng him he could not execute the warrant without military aid, and he (Mr. Hunt) wished to shew that there was no neces- sity for such assistance. Mr. Justice Bayley — I must ultimately tell the Jury that there is no evidence from Nadin to justify the employment of the yeomanry to support the civil power in the execution of a warrant. JOHN FELL, srern. I am a grocer in Manchester. I saw the people come up to the field on the 10th August, they were •231 as peaceable as this Court. Some had a few common waits* ing-sticks, but no staves. He corroborated in all its parts the evidence already given of the quiet demeanour of the meeting, from beginning to end. He saw many magis- trates in the first floor of Mr. Buxton's house, when the ca- valry advanced, among them were Mr. Hay, Mr. Fletcher, and Mr. Wright, and he saw them in York since this trial commenced. He saw a tall gentleman call from the window for the Boronghreeve, and soon after he saw Mr. Nadin called. The hitter went to the range of constables. The yeomanry came up, just as they were cheered by the popu- lace, and returned that cheer; witness heard the word " forward," given from the window, or the officer at their head, he could not say which. They then advanced sword in hand, though not the slightest opposition was offered to them, and the people were making away as fast as they could. The crowd did not close in upon the cavalry as they ad- vanced, nor brandish sticks, nor hoot, nor any thing of the kind. He had no apprehensions for the town when he heard of the meeting and saw it. The yeomanry could not have been closed in upon, for they were supported by the regular cavalry, then by the Cheshire, and last by two pieces of fly- ing artillery. MA RYBRIANT, sworn.— Examined. She resided at Manchester, in Lad-lane, and was at the meeting of the 16th of August; she remained on the field until Mr. Hunt was taken from the hustings. She stood up- on a rising ground, near the Windmill public-house. She saw all the processions come upon the field with flags and music ; and felt no alarm at all for the safety of herself or of th^ town. She also saw the cavalry corns upon the ground, and advance towards the hustings. The special constables fell back to admit them in. She heard the people cheer the soldiers, but did not hear the soldiers return it. Did not hear the people hiss or groan' at the soldiers. Saw no bricks or stones thrown, or sticks held up at the soldiers. Some few old people had walking sticks. Did not see any one offend the soldiers in any way; Saw the people run- ning away from the soldiers. This witness was not cross-examined. JOSEPH WATSON, sworn— Examined by Mr. Hunt. 1 reside at Oldham. I overtook and passed an Oldham party as they were going to Manchester on the 16th of Au- gust. They were going along quietly. 1 saw no acts of violence. 1 saw a few walking sticks; there were not 232 many who had them. None of them had long staves shoul- dered like muskets. I observed Dr. Healy amongst them. 1 walked with him. He and two others walked a little before the rest. 1 walked near two miles, with him. The whole party seemed in the best humour. The party halted nearNew Cross for a time. They made room on the road for horses and gigs, as they passed on the road. They were walking in procession, by which means they were enabled to make more room for passengers than if they had been walking indiscriminately. There were many females with the party. They did not look like an army going to invade a town. The procession marched in the same order as the Benefit and other Societies do. 1 did not go to the meeting until the dis- persion had commenced. I was not under any apprehen- sion for the safety of the town, nor did 1 conceive there was any danger. Cross-examined by Mr. Serjeant Hullock. 1 did not intend to speak at the meeting. I never pretend- ed to be a maker of speeches. Properly speaking, 1 never addressed the people. 1 might have read something to them, but I never made an extempore speech. I perhaps read a string of resolutions. 1 suppose 1 was stvled Chairman on that occasion. It was near Rochdale, on the 16th of Au- gust, 1818. It was the first and last time 1 was placed in .such a situation. There were near one thousand persons present. I do not recollect many dissentient voices to the resolutions. Mr. Justice Bavley objected to this mode of examination. They had a right to ask witness as to every act of his life connected with the proceedings before the Court, but no other. Examination continued— 1 know Mr. Knight. 1 was at a meeting where he was present. It was in the latter end of July, between the 20th and 2Uth ; 1 think it was the 26th. Knight was not tie Chairman of the meeting. 1 heard him speak at it. L do not recollect his having made any allusion to the meeting of the 10th August. After pas-iing the meet- ing 1 came up and walked with Dr. Healy. He seemed in spirits; he did not tell me what the Resolutions were; 1 don't think he knew himself. I heard him advise the peo pie to be orderly, and not to offer any insult. That adrice arose out of another circumstance, it was understood that the party was going to Manchester, f will swear, that, to Ihrjbestofmy knowledge, he did not tell me about the busi ncss of the meeting. 233 Mi*. Serjeant Hullock, Do you mean (o swear that he did not tell \ ou what the business was to be ? Witness, Did you mean to ask me, Sir, whether he told me what the object of the meeting was ? Mr. Serjeant Hullock, That is exactly what I was endea- vouring to ask you. Witness, I swear to the best of my knowledge, he did not ; we talked about the weather, and various other things. The Court adjourned at a quarter past six. -««©•- EIGHTH BAY. The Court met at the usual hour of 9, and the evidence for the defence continued. The examinations to-day were directed to disprove the terror said by the prosecution to have been felt at the assembling of the meeting of the 16th of August, The principal witnesses whose depositions were taken are most respectable merchants, manufacturers, and other inhabitants of Manchester. ROBERT WRIGHT, sworn.— Examined by Mr. Runt. 1 live at Hollywood, about five miles from Manchester. I am a hat-manufacturer. I remember going to Manchester on the 16th of August last. My house is about a mile from the main road, between Lees and Manchester. I went to see the procession ; I saw the Oldham, the Royton, and Saddleworth divisions ; they were perfectly peaceable, and walking in a kind of order; they had a considerable num- ber of women and children mixed with them. 1 saw no large sticks or bludgeons; they made use of no improper language ; they neither insulted nor assaulted any person. This was the procession which had the black flag; 1 took my horse, and rode to Manchester to see the meeting ; 1 did not go in any of the processions, nor have I any connexion with those called reformers. I reside in the neighbourhood of Mr. Duncough ; I saw nothing that created alarm for my person or property, though 1 am a man of considerable pro- perty. 1 am a married man; I have a wife and family ; 1 left them to go and see the meeting; it was assembled when I arrived ; I arrived on the field near one o'clock. I was there half an hour before Mr. Hunt came on the field ; I took up my station in the field near the line of constables in the space between the hustings and Mr. Buxton's house. 1 observed the conduct of the people ; they appeared perfectly 234 peaceable; 1 saw none of them armed with large staves or sticks shouldered as a soldier shoulders his musket. 1 did not observe one large staff; the ground on which 1 stood was high, and I could see all the crowd, but 1 saw no large sticks or staves shouldered. I remained, and saw the mili- tary come on the ground. Examined by the Court. I saw them advance towards the crowd ; the crowd cheer- ed when they came on the field at Mr. Buxton's house ; the military cheered again ; 1 heard no groaning, hooting, or hissing, when the military advanced; I saw nothing done by the crowd, as the military advanced, that indicated resist- ance ; 1 heard nothing said on the hustings encouraging re- sistance; 1 was within 40 yards of the hustings, and could hear what was said ; I saw nothing thrown at the military ; I saw no sticks held up in opposition to them, or in defiance of them. Re-examined by Mr. Hunt. I saw nothing that created any alarm for the safety of the town or of my property ; when the military arrived on the ground, the people cheered, and the military cheered again. There was a little panic in the outskirts of the crowd as the military approached. I heard a cry of " Be firm," and [ thought it was intended to allay the fears of the people, lest some accident should occur in their running away ; the sud- den running away would create danger ; there was a panic when the military approached, and the cheers from the mul- titude rather re-assured me; I saw the infantry arrive in Dickinson-street. 1 did not hear Mr. Hunt say, turning to them, " There are your enemies ; put them down, and, hav- ing got them down, keep them down." In the advance of the yeomanry to the hustings, they passed within one yard of me. During their progress from Mr. Buxton's house to the hustings,! kept my eye upon them. There were neither large stones, brick-bats, cudgels, or bludgeons, hurled at them. When the cavalry passed I did not see the peop'e close in again. The people endeavoured to make their escape, and did not press on the yeomanry. 1 heard no expression of alarm at the appearance of the meeting before the military arrived. T heard no request made by the con- stables, at the time of the approach of the military, to have room to serve a warrant. I did not hear them state why they were proceeding to the hustings. 1 remained near the line of special constables all the time. 1 was on the field till the dispersion of the meeting. 235 Cross-examined by Mr. Scarlett. X thought the military, as they advanced, were going to take somebody on the hustings. I saw the constables near them. I was about 40 yards at first from the hustings, and T retreated about 20 or 30 yards nearer Buxton's house. When I had my face towards the hustings, the line of con- stables was on the left. The crowd was very thick towards the hustings. I attended the meeting of January. I was at no meeting of blanketteers. How did you receive notice of the meeting?— I saw it in the papers. The Manchester Observer?-— Yes. Do you take in that paper ? — No. Did you see it at the village, or in what house did you see it? The Court objected to this as no evidence. What number of the Manchester Observer did you see?— I saw the Saturday's paper before the meeting. I observed in it the requisition, and the signatures ol persons requested to attend the meeting. I went to the meeting as a spectator. I expected Mr. Hunt to speak. I did not know Carlile, nor had I heard or read, at that time, that he was indicted for blasphemy. I say this on the best of my recollection. I cannot recollect now that I had heard then that he was under prosecution. 1 did not see the Manchester Observer regularly. I cannot recollect that 1 had read in that paper an account of the Smithfield meeting. I attended the meeting in Ja- nuary, at which Mr. Hunt presided, but I was not at the dinner after it. I knew there was to be a meeting on the 9th. I had heard it spoken of, and I had likewise heard that it was put off. I know the defendant Johnson. I have known him about a year. Where did you see him first?— I cannot recollect. I pass his shop in .joing to market, and sometimes call in. I have read in his shop the newspaper: never much. I never saw any paper but the Manchester Observer in his shop. I never heard him read it in his shop. On your solemn oath, did you not hear him read the Manchester Observer ?-- -Yes, I will swear that I cannot re- collect that I did. I have been often in Mr. Johnston's shop, but I do not recollect how often. I heard of Cobbett's arrival at Liverpool, but do not recollect that I read it in a newspaper. Did Johnson ask jou to attend the meeting of the lGth of August?— I think he did. Had you then heard that Carlile had opened a shop to sell 236 Paine's works, called the "Temple of Reason," and lhe"Office of ibe Republican imdDeisl ?"— I have seen so in the papers. Did you ever read Tom Paine I— Never a word of it. When Johnson asked you to attend the meeting, had you heard of the resolutions of Smithfield ? — I cannot recollect that 1 had. I have no knowledge of those resolutions. I cannot recollect that I was to attend the meeting of the 9th, which was postponed. I live at Hollywood. I had heard it reported that people were drilling. 1 never saw any drilling party in my neighbourhood. 1 cannot say how long before the meeting I heard of drilling. Examined by Mr. Hunt. Johnson never was at my house in his life. We are not on visiting terms. I never was at Johnson's house in Smed- ley, in my life. Bis shop is in the public street, in Shude- hill, and it was there 1 saw him. I called for the purpose of hearing the news. Did you ever see in his shop the " Age of Reason," or any of the theological works of Paine ? — I never did. Arc these works sold in Johnson's shop 1 ? — No. Questioned by the Court.— What is Johnson? A brush- maker. If I saw a newspaper lying on the table, I used to take it up and read it a little, but I never saw the works of Paine. It was a current report that there was to be a meet- ing on the 9th of August. It was likewise a current report that it was put off, and to take place on the 16th. I would have attended that meeting whether I had seen Johnson or not. Did Johnson invite you to attend that meeting, or take any part in the proceedings ?— I cannot recollect that he did. Examined by the Court.— I would not have attended if 1 had had any reason to apprehend any thing illegal, riotous, or tumultuous at tliat meeting. By Johnson. — Did wilness become acquainted with me through a friend called Mr. Gee '( — Yes ; the first time I went to his shop was with Mr. Gee. I never heard from Johnson that drilling wzs going on, nor have I heard so in Johnson's hearing. I have heard that the drilling was con- fined to marching, and I had no reason to suppose that it went beyond marching. I never heard Johnson say anything seditious in my life. SIDNEY WALKER, sworn.— Examined bij Mr. Hunt. 1 am a lieutenant in the Bengal native infantry. lam re- turned from India about 2 years. 1 was at Manchester on the •237 lGth of August last; my family resides there ; it consists of my mother, my sister, and her family, and a brother. 1 observed the processions on the 16th August. The people were per- fectly peaceable and orderly. I went to the meeting after- wards. I saw the processions pass through Deansgate at the bottom of St. Peter's-street. I saw nothing before 1 o'clock in the conduct of the people calculated to excite fears in the respectable people of Manchester. Neither my mother nor my sister, nor any of my relatives, nor any body else that I know of, expressed fears for the safety of the town. I saw the cavalry on the field, but not at Mr Buxton's. I was on the Deansgate side of the hustings, Mr. Buxton's house being on the opposite side. Neither in the field, nor in the course of the day, did 1 observe any act of violence committed by the people. 1 saw one or two going to fight among them- selves, who were prevented by those around them, who would not allow a riot to be created. 1 heard no threat made to any respectable person. Cross exa?ni?ied by Mr. Serjeant Hullock. I am out of the army. I am not on pay, as I have beeri absent two years and a half — two years being the longest absence allowed. 1 am to retire from the arni}\ I am now a student in the Inner Temple. I arrived at Manchester two days before the meeting, and heard of the meeting by com- mon report ; and I came from the country, where I was at my sister's, about a mile from Manchester, to see it. My mother lives about 400 or 500 yards from St. Peter's field. I am a member of no political society. I only knew that Mr. Hunt was to attend. I knew none of the other parties. 1 did not know that Carlile was to attend the meeting. Mr. Hunt objected to questions about Carlile, as he was not one of the defendants. Mr. Justice Bayley said, the question was legitimate, as Carlile's name was found in the requisition, among those in- vited to attend the meeting. Mr. Hunt.— But none of the defendants' names are among the requisitionists. Do you know Mr. Wooler? — Yes, I do. Where is his shop ?-— In Fleet-street. Is not Carlile's shop likewise in Fleet-street, and called the office of the Republican and Deist?— Yes. Did you know Mr. Hunt before"?— No. Had you seen him before?— Yes. Where?— At the Crown and Anchor tavern, 238 When, or on what occasion ? — After the death of Sir Sa- muel Romilly. Who presided at that meeting? — Sir F. Burdett. Did you see any other political characters there ? Mr. Hunt objected to this question : he saw no reason why all the persons that he ever met with should he dragged forward in court. The examination of the witness proceeded. — 1 was not at Guildhall on Carlile's trial. I never saw Mr. Hunt at any other place before the 16th of August except at the Crown and Anchor. I remember seeing the procession coming into Manchester. The divisions marched in order. I do not know whether they kept the step or not. 1 cannot judge of the numbers. It was said that there were between 50,000 and 100,000, but I could not judge how many. I heard Mr. Hunt's address. I saw the carriage of Mr. Hunt at a distance coming to the held. Re-examined by Mr. Hunt. The persons assembled were not in military order. They certainly were not so ; for, as a military man, 1 might then have computed their numbers. I should have done so, had they been in lines. I had not heard that Carlile was con- victed of any crime before the 10th of August. I never heard that Mr. Wooler had been convicted of any crime. I heard he had been tried. 1 never saw you in company with Carlile or Wooler. 1 never saw Carlile in my life. The two houses where I slept the two nights after my arri- val were my mother's, in Manchester, and my sister's, two miles off. I thought the people in the field in a very unmili- tary order, and not like disciplined troops. I saw none with large sticks shouldered, as soldiers shoulder their muskets. Did the people round the hustings appear like disciplined troops, ready to defend and protect Hunt if any molestation was offered ?— No, certainly they did not appear ready to light, for they had no arms. Examined by the Court. As a military man, I did not, from the appearance of the procession, think that the people must have been drilled. It did not strike me that they must have been drilled, either from the sound of their feet, or from any other circumstance. To the best of my belief they did not loek up like soldiers : their ranks were at some paces distance— so far were they from being locked up. 239 W. THEUVALL, sworn— Examined by Mr Hunt. 1 am a builder ; I reside at Manchester ; 1 was there on the 16th of August last. I live about 200 yards from the place of meeting. 1 have a wife and family. 1 live in Loyd-street. I saw some of the processions coming into Manchester on the 16th ; they came peaceably, in the same manner as they walk at club-feasts, I was employed that day about my own business. I felt no alarm, from what I heard or saw, for the safety of the town or of my family. I have considerable property in Loyd-street. Nothing that I heard or saw induced me to believe that my properly was in the slightest danger. I was not much out of the house till about 12 o'clock. None of my neighbours or any other per- son expressed alarm. I saw processions come in like bene- fit clubs. There was nothing to distinguish ihem. Some had walking-sticks. They were accompanied by females and children. There was no closing of shops, locking of doors, or barricading of premises before 8 o'clock. I went to the meeting about half-past 12. I was in the outer part, adjoining my own house. I saw great numbers of Manches- ter people there, my townsmen and neighbours. None of them expressed any consternation or alarm before the sol- diers came on the field. I did not see the black flag. I saw no body of men with large sticks shouldered like mus- kets. I was in the northern corner of (he field, at the angle opposite to Buxton's house. I stood upon some timber, and commanded a view of the meeting. I saiv the cavalry ar- jive, and form in front of Buxton's house. I saw them move towards the hustings. Examined by the Court. I saw no attempt to oppose the military. I heard no groanings, hootings, or hissings at them. I saw neither stones, sticks, nor brickbats thrown at them, or thrown up in the air as they passed. I saw no sticks held up at them. 1 was in a situation to have seen it if any thing of that kind had occurred, although I was at a considerable distance. Cross examined by Mr. Serjeant Cross. 1 was stationed at the corner of the field lower down than the Quaker's meeting-house. I knew Mr. Johnson. 1 did not know him till within three days of the lGth of August. 1 i d nut this call upon the whole nation to insist that inquiry should be in. tituted V— Dolby's Parliamentary Register, Second Session, page 43. 248 By the Court— Do you mean by " previous arrange- ments," the time or the manner ? Witness — I mean both, my Lord. By the Court — Without any meeting of delegates, do you think the arrangement might have taken place as you saw it? Witness — 1 should not think it absolutely necessary that there should have been previous arrangements between the .several places to come as they did, but it is probable there was. THOMAS ROTHWELL sworn.— Examined by Mr. Hunt. I am a tanner, and live at Cheetham, about a mile and a half from Manchester. I saw the people go to Manchester. I live near to Mr. Heath (a witness for the prosecution). I saw the Bury division move on five abreast, and they went peaceably. I heard no violent expression from them. There were women and children, some of 12 years old, with them. They walked five abreast as well as the men. There were a great (number of women. I can't say how many. They were in the proportion of eight men to one woman or child. There were children of both sorts (boys and girls). 1 heard them say they were going to hear Mr. Hunt. I saw nothing in their manner or conduct to excite the least fear in me for my person or property. I have known Mr. Johnson seven years. 1 never heard him say that he ever intended to over- turn the government. Cross-examined by Mr. Littledale. There might be about 3,000 persons in the Bury parly. Bury is about 9 miles from Manchester. JOSEPH SCHOFIELD.— Examined by Mr. Hunt. I reside at Hollinsrwood, near Manchester. I am not in business I saw one of the parties going to Manchester on the 16th. 1 think the party was from Oldham. I saw the black flag with them. I observed their conduct as they passed along. It was peaceable, orderly, and quiet. 1 did not go to Manchester that day. I received no insult from the party. Few of them had sticks, and these were common walking- sticks. None of them had large staves shouldered as soldiers do their muskets. 1 felt no alarm, and saw nothing to ex- rite it. 1 never heard any thing said about making a Mos- cow of Manchester. SAMUEL SLACK sworn.— Examined by Mr. Hunt. I live at Manchester, in Windmill-street. 1 was at homf • in a situation to see them from the time they arrived in front of Mr. Buxton's. In the course of that day I saw nothing calculated to create in my mind, or 251 1 lie mind of any body with whom I conversed, any alarm. I heard no alarm expressed. No opposition was made to the military that I saw. There was no grossing, or hooting, or hissing at them. I perceived nothing done to intimidate them. I saw no stones, or sticks, or brickbats thrown at them, or thrown up in the air. Cross-examined by Mr. Serjeant Cross. I was at the meeting before, of a similar kind. It was when Mr. Hunt was there. I believe Mr. Hunt presided on that occasion. I do not remember Johnson on the hustings. I dined with Mr. Hunt and others that day, at the Spread Eagle. There were speeches and toasts. I heard a toast given "To the immortal memory of Thomas Paine;" Mr. Hunt was then in the chair. Mr. Justice Bayley. — Is this evidence? Mr. Sergeant Cross and Mr. Scarlett submitted that it was evidence, if it showed that Mr. Hunt had, by speeches or toasts, incited to disloyalty or disaffection. Mr. Justice Bayley said, he would allow them to put any question as to the character of the witness: the witness had admitted that he was present when an improper toast was given; but then this was at a dinner in January, and it did not follow that because a man was disloyal in January, he should also be disloyal in August. Mr. Scarlett observed, that similar evidence was allowed in the case of Home Tooke and Hardy. Mr. Hunt replied, that that was part of the case, and did not refer to any time previously to the particular acts charg- ed. He (Mr. Hunt) had been invited to the dinner, and any thing which fell from him there, or which was said by others, could not, he submitted, be now urged as evidence against him, unless it could be shown that it tended to produce the conspiracy charged. After some long and desultory' observation on both sides, Mr. Justice Bayley, who had in the mean time looked into the case of Home Tooke, decided, that the question was one which ought not to be put. It was not, he conceived, pro- per te bring any act of the defendants against them now which occurred before the period of the present charge. If an indictment wcie preferred against a man for perjury, it would not be admissible evidence to say, that up to the period of the alleged crime he had been in the constant habit of not telling the truth. It was then contended bv the counsel for the prosecution, li •25-2 that the question ovight to be put, as it might affect the cha- racter of the party. Mr. Justice Bayley admitted it might in another shape ; but though it would he legal in another manner, yet, having got at it in an illegal way now, he held that it could not be, received. As the defendant had given evidence of charac- ter, it was competent to the prosecutors to give also general evidence of character, but not in this way. The question was not admitted. Examination continued.— Mr. Hunt was in the chair at that meeting. 1 do not remember Johnson, Knight, Barn- ford, or Moorhouse being present. I helieve Mr. Hunt made a speech after dinner. I did not hear him say that he would be amongst them soou again. I had no expecta- tion of the kind. He was, I believe, called on to take the chair by the committee. I was not one of the committee. 1 •was not at Johnson's house before the 16'th of August last. I never was there in my life. I attended the meeting on the 16th of August. I cannot say i disapproved of the objects of that meeting. ISA A C WOOD sworn. — Examined by Mr. Hunt. I live in Back Queen Street, Manchester. I am a tanner. My residence is about 200 yards from the place where the meeting was held. I have a wife and eight children. I was in Manchester on the 16th of August last. I went to the country, on Saturday, the 14th, and returned about one w'cleck on the Monday. I did not find on my return, that any thing had stopped my business. I waited at the meet- ing for a few minutes. There were a great number of per- sons assembled together. I then went home to mv family ; but 1 did not do so on account of any alarm I felt from wit- nessing the meeting. I saw nothing to excite alarm. I went home, as usual to my dinner. I did not find my wife and family in a state of consternation, None of them ex- pressed any alarm to me. I have no reason to suppose that they felt apprehension or alarm on account of my absence. I returned to the meeting, which was not then dispersed. The cavalry had just come to the ground. I was opposite the end of the Quakers' meeting. I saw a part of the caval- ry come in. They advanced towards the hustings, and no resistance was made to them by the crowd. They went up close to the hustings, and surrounded them. I was in a situation where I must have seen any opposition made bv the people to the military, had resistance taken place. [ s*w the cavalry Irom the time they were seveuly yards from 2f>3 the hustings, until they came quite close to them. They were not, that I know of, hissed, hooted, or groaned at. I saw nothing thrown at, or lifted up against them. If any stones, brickbats, or sticks, had been hurled in the air, I was in a situation to havs seen them. Cross-examined by Mr. Litthdale. 1 have been acquainted with Mr. Johnson for a short time, 1 am one of his bail. 1 am not bail for any of the other defendants. Re-examined by Mr. Hunt. I have been in the volunteers at Manchester. I was in a corps who clothed and armed themselves ; but I left it about two years before it was disbanded. I was connected with it for seven years. I entered about the year 1802. It was a rifle corps. Mr. Hunt here expressed a desire, that, as so much evi- dence had been given, in proof of certain facts, it would be well if the learned Judge were to state to the Jury that those facts were fully proved, and that there was no need to call further evidence to them. Mr. Justice Bayley. — 1 cannot at this moment suggest any thing to the Jury. Mr. JAMES SCHOLEIELD.— -Examined by Mr. Hunt, 1 am a dissenting minister, and live at a place called Hulme, near Manchester. 1 was at Manchester on the 16th of August last. 1 came in on business. I saw several of the processions coming into Manchester. I went there to attend professional business. There were many women and children with the parties. Mr. Justice i» ay ley. — That fact appears to be sufficiently proved. Mr. Scarlett. — It is not only proved that women and chil- dren were present, but even their proportion was spoken to, Examination continued. — I saw the people going to St. Peter's-field. The processions exhibited the utmost regu- larity, jocularity, and good humour. 1 saw no person in- sulted. 1 was situated between the house where the magis- trates were and the hustings. 1 was in an elevated situation, which commanded the whole meeting. I observed a double row of special constables about ten yards before me. They extended from Mr. Buxton's house to the hustings. 1 was informed that the magistrates were at Mr. Buxton's house; and I was near enough to see some of them through the win- dow. I was there when \ou arrived oh the field, Aftvr 254 you had arrived, and got on the hustings, a board was exhi- bited, bearing in large characters the words "Order! order!" As far as 1 could perceive, every disposition was shown by the people to obey that direction. There was no interrup- tion by talking or otherwise. The different divisions had bands, which played the air generally called " Rule Britan- nia," and the national anthem of "God save the King." When the latter was played, the people, for the most part, took off their hats. I felt no alarm, nor did I hear any person express alarm at the meeting. I was highly gratified to see so numerous "an assembly behaving in so peaceable a manner. 1 saw the military arrive ; 1 perceived no oppo- sition to have been manifested towards them. I saw nothing held up except the hats of the people. As the cavalry ad- vanced the people held up their hats as a sort of guard against the cutting of the swords. The people were fleeing away as fast as they could. There were no brickbats, stones, or sticks, hurled against them. They passed within JO yards of me. The people attempted to disperse immediately ; but the crowd was so intense that they could not. Cross-examined by Mr. Scarlett. When the cavalry advanced the people at the extremity of the crowd fled, but those immediately contiguous to the hus- tings closed in. Some of the constables followed the cavalry; others were mixed with the crowd, and could not get out. 1 preach at a church called Christ-church. 1 never saw so large a congregation at one time before. Though my voice is good, I could not have made all the people at the meeting hear me. I could have made upwards of 20,000 of the people hear me. I think the meeting was a pleasant and friendly one. There were 80,000 persons present. I was highly gratified at the sight of a meeting so numerous and so peaceable. 1 did not disapprove of the meeting — I approved of it " as a people." 1 could not approve of the meeting, particularly, unless 1 knew the intentions with which it was called. I saw the placards convening the meeting. I saw several flags. One of them had two hands united, and the word " union'" written under them. I saw another inscribed, " No coin laws." I also saw a flag, on which were the words " Annual parliaments, universal suffrage, and vote by ballot." I did not consider those banners as pointing out the objects for which the meeting was convened. They only spoke the sentiments of those who carried them- that uni- versal suffrage, annual parliaments, and vote by ballot, would be agreeable to them, I should appiove of a meeting called for the purpose of inculcating doctrines of tin's kind, if they were beneficial to the people. I have written for several newspapers, but not particularly for the ManchesterObserver. 1 am not a hired writer. I wrote two pieces for the Man- chester Observer. Those pieces were not of a political na- ture, farther than the Scripture connected them with politics. The Scripture does not make use of the words " Annual Par- liaments" and " Universal Suffrage." The Scripture may, in many points of view, be connected with politics. One of the articles I wrote was, I believe, before, the other since the meeting. I did not sign my name to either of the essays* There was no particular title to either of them. One of the articles probably may be " A letter to the subscribers of the Manchester declaration." Several letters were written on that subject. My address was to the ministers— to the ministers of the Four Evangelists — I mean to the clergymen who had signed the declaration, in support of the police of Manches- ter. I wrote to disapprove of murder— to express my opi- nion that a minister ought not to approve of murder. I did not condemn the clergy. I would not condemn any one. I wished to convince. I blamed the clergy. The Scriptures were my guide. The declaration was signed by many of the clergy «f the church of England. It was not signed by the majority of the dissenting ministers. I am not attached to any sect in particular. I and my flock conform ourselves to he Scriptures, and act according to them. We are denomi- nated " Bible Christians." I did not know that Mr. Car- lile was to be present on the lGth of August. I am not ac- quainted with that gentleman. I .-aw iwo or three of my congregation present at the meeting. They were not on the hustings. Re-examined by Mr. Hunt. I believe my two letters were written after the lGth of August. One of them went to condemn the conduct of the magistrates who had signed a declaration in favour of the conduct of the police of Manchester on the 16th of August. 1 cannot speak positively as to the time when I wrote the articles. They were signed with the initial " S." My first Utter contained a disproval of the prominent part which some of the clergy had taken in political matters. THOMAS BROOKS, sworn.— Examined by Mr. Hunt. I live at Stockport, and am a pattern-drawer. T was at Manchester on the 16th of August last. 1 was on Mr. Moorhause's coach at the Bulkeley Arms, and saw a great 25G number of people pass by. Moorhouse was present with me most part of the time. I went to Manchester in company with Moorhouse. We passed the people about a mile from Stockport. They were not walking regularly, but in an in- discriminate manner. There were women and children amongst the crown", I saw no bludgeons with the people. Some of them had walking-sticks. The people passed us at the watering-place where the coach stopped. All was quiet and peaceable. We passed the people again before they got to Manchester, at Hardy-green-bridge. We proceeded straight to the White Bear, situated in a street called Picca- dilly. The Ashton people were in sight when we approach- ed the White Bear. Hardy-green is about a mile from the White Bear. I know Mrs. Moorhouse. The coach over- took her on the road, about a mile and a half from Stockport. She'was taken into the coach. She was then pregnant. Tbe horses were taken from the coach at the White Bear, and the people wanted him to go on to the meeting with the coach, which, he said, he wss willing to do, if he were paid. The coacb did not, however, proceed to the ground, Mr. Moor- house being afraid that people would climb on the roof and break it down. I went to the field soon after one o'c'ock. Moorhouse was not with me. I saw him come to the field in a carriage. I was then taking some refreshment in Deans- gate. The carriage in which you were got within 5 or (J yards of the hustings. 1 did not see Moorhouse quit the coach, or go upon the hustings. I was the person who hand- ed down the chair to enable you and the others to get up on tbe hustings. I was very near the hustings, and if Moor- house was on them, I must have seen him. I was between the carriage and the hustings, about a yard from them. 1 saw no people locked arm-in-arm round the hustings. I saw nothing but a great crowd. 1 stood near the hustings till the cavalry appeared. Cross-examined by Serjeant Ilullock. 1 went to Manchester by the coach, in order to attend the meeting. Mr. Moorhouse was on the roof with me and other passengers. He did not tell me what was to be done at the meeting. We bad no comersatinn of any moment. I did not a-k Mr. Moorhouse what the resolutions were to be. 1 knew that Mr. Hunt had been at Mr. Moorhouse's. I saw him standing near the door. I saw Mr. Hunt and Mr. Moorhouse going to Manchester, on Monday, the 9th of August. 1 have attended very few ujeetings. I was pre- sent at one that was held in January, at which, I believe, Mr. Hunt presided. The Stockport division were mustering at a place called Sandy Brow, at Stockport. 1 was present at one meeting there. I never saw Moorhouse at any of the meetings at Sandy Brow. When I passed through Stock- port in the morning, there might be about 80 or 100 persons assembled. We passed the Ashton division on the road. The people were walking in a straggling way, not at all like military. Mrs. Saxton and some others were in Air. Hunt's carriage. I do not know Carlile, and cannot say whether he was there or not. The people made way " promiscuously," to a'-lmit the carriage to pass. Hunt and Johnston got on the hustings, but I lost sight of Moorhouse. WILLIAM BROOKS sworn. Was son of last witness, and corroborated his father's evi- dence, that Mr. Moorhouse was not on the hustings on the 16th August ; he was with him in the Windmill public house when the cavalry advanced to ihe hustings. JOHN HOBSON, Jun. sworn. Was not in any profession ; resided at Heath-green, three miles from Manchester. Was not acquainted with many of the inhabitants. Was in a house in Windmill-street, over- looking the meeting of the 16th August. He was with his uncle and friend. The house in which he was was exactly behind the hustings. He saw the meeting assemble, and conducted most peaceably ; he had no apprehension what- ever respecting the safety of the town. He saw the soldiers advance to ihe hus f in<;s. There was no disposition what- ever to resist them on the part of the people ; quite the con- trary. There were no stones, brick bats, or clubs, thrown in the air as the yeomanry approached. He did not meet that morning a single individual who had the slightest apprehen- sion of that meeting. Cross examined. ---He went to the meeting with his uncle, who had come over from Liverpool, and had never been at a meeting before. JOSEPH BARRET, sworn. Resided at Newton Heath, where he was a manufacturer, and employed l'rom oue to two hundred men. Thev ha examiHed had said quite enough, touching the same points to which he meant to call them. One of the Jury having intimated some desire to know the probable duration of the remainder of the ttial — Mr. PEARSON, who has been indefatigably occupied as Solicitor for the defendants, said, that they meant only to call four more witnesses as to facts, and two to impeach the cha- racrer of some of the witnesses for the prosecution. He thought unless the cross-examinations were very protracted, the testimony of these witnesses would not occupy more than three hour*. 262 Mr. Justice Baylby— Then, I apprehend, Gentlemen, w« shall have a speech from the Learned Counsel in reply, and it will remain afterwards for me to direct your attention to some leading points, which may guide you in your coming to due consideration of the whole circumstances of the taie- Adj owned. NINTH DAY. On Mr. Justice Bayley entering the Court, the Deputy Sheriff requested any Gentleman of the Jury present would hand to his Lordship the letter by which they were sum- moned. Several Jurors immediately handed over the letters they received on being summoned — they were all alike. The Judge read the letter, which merely intimated to the Special Jurors that they were summoned, but did not use a single syllable beyond this mere intimation. His Lordship on reading this letter, remarked, that he saw nothing of irre- gularity whatever in it. >uch an intimation was by no means unusual when there was hardly time enough to have the Special Jury reduced, and the regular distringas issued. There was nothing in any manner irregular in this letter. EDMUND DARLEY swnrn.— Examined by Mr. Hunt. I reside in Manchester. 1 am a builder. 1 have known John Willie, a butcher, from two to three years. From what has come to my knowledge, I most certainly would not believe him on his oath. Cross-examined by Mr. Scarlett. I have lived in Manchester 20 years. I never saw Willey examined in a court of justice. I was at the meeting on the 16th of August. I never was at a public meeting before or since ; 1 went out of curiosity. By the Judge — My reason for not believing him, is, that he has within the last few months frequently deceived me. WILLIAM PHILLIPS sworn—Examined by Mr. Hunt. 1 live in Salford, Manchester. 1 am a butcher. 1 know John Willie ; he has been a butcher, but he is now out of business. I have known him several years. From what I know of his character, I would not believe him on hi« oath. Cross-examined by Mr. Serjeant Hullock. 1 hare lived in Salford nearly all my life. I left Man- chester on Wednesday night. 1 did not before that see any account of tbe progress of the trial. I did not see an ac- count of the witnesses examined. I did not know that Wil- lie was examined until I came to York. I was not at the meeting on the 16th ot August. 1 was not one of those who cheered Mr. Hunt on his going home last night, 1 came to speak of Willie's character. I have got my subpoena here. 1 never saw Willie examined in a court of justice in my life. He was in jail u? Lancaster, and took the benefit of the Insolvent Act. 1 was asked if 1 knew Willie, and I said yes, and then 1 got a subpoena. The Rev. JOHN GOUGH KOBARTS sworn, Examined by Mr. Hunt. I reside at Manchester. I am a dissenting minister. I reside in Moseh y-street, I was at home the greater part of the day on the 16>h of August. I saw several parties pass my house. I went over the ground before you arrived, and I af erwards saw you in the market-place, with a party at- tending you. I afterwards went to my own house. 1 was not at the meeting, but I went to the ground after it was dis- persed. I could see a part of the meeting from my dressing- room window. When in the town I saw nothing which ex- cited fear in my mind. — (This witness was not cross examined.) MICHAEL HEAVISIDE, sworn— Examined by Mr. Hunt. lam a general dealer in Manchester. I buy good* and finish them. 1 have a warehouse in Palace-street, but I re- side in Boundary-street. I have a wife and four children. My warehouse was open as usual on the 16th August. The business of the town appeared, upon the whole, to go on as usual; there was occasionally a shop shut up. In my way home I went to the meeting. I was there when you arrived. The meeting appeared to be a peaceable one; I saw nothing to the contrary. I remained until the yeomanry arrived. Up to the period of the arrival of the troops I saw nothing which excited in my mind any fears for the safety of my person, my family, or my property. Cross-examined by Mr. Littledale. I saw nothing of the processions as they entered the town. The Rev. Mr. HINDMARSH Sworn— Examined by Mr Hun*. I ati) a dissenting minister, and res'dr at Salford, I wss in 264 Manchester on the 16th of August last. I saw several parlies pass on to the meeting on that day. They appeared to me to be perfectly peaceable and quiet. I was upon St. Peter's Held near an hour and a hall ; 1 made it a point to observe what was 1 he character and complexion of the meet- ing, and therefore 1 traversed < very part of it. 1 went there merely as h specta'or. I considered, in the first place, that 1 was perfectly secure under the protection of the laws, while the people remained in a state of tranquillity; 1 there- fore thought 1 might remain upon the ground with safety. I saw nothing upon the ground winch altered this impression. 1 every where heard congratu ations on the peaceable com- plexion and character of the meeting, and every one hoped it would terminate quietly. In the course of my perambu- lation, I went near the house in which the Magistrates were. I saw a double line of constables leading to the hustings. The crowd were close to the constables, I saw no disposi- tion in the people to insult them. The line of constables reached a considerable way into the crowd. 1 remained upon the field until the cavalry arrived. 1 saw nothing be- fore their arrival which excited any fears for the safety of person or property, or the safety ot the town. 1 had not the least idea of any such thing. 1 saw nothing, which in my judgment, could excite the fars of any rational, temperate, sober-minded man. 1 am not a Radical Refoiiner. 1 never associated myself with any party in the state. 1 do not con- sider myself a political character. In consequence of what I had heard about the Reformers, I went to the meeting. I wished to satisfy myself of the state of society. I thought the people appeared peaceful and cheerful in a remarkable degree. 1 should not, from what 1 saw, expect the crowd to follow bad advice. I think they were not disposed to acts of violence. 1 have lived nine years in Manchester and the neighbourhood. I saw the cavalry arrive. 1 was then re- moving from the field. 1 was perhaps 50 yards from Mr. Buxton's house. 1 saw a general bustle, and on looking round 1 saw the cavalry come up at a smart pace towards Mr. Buxton's. 1 saw them go the huntings. From the first to the la>t 1 saw nothing done either to intimidate, or insult, or oppose the military. If any hissing, hooting, groaning, or brandishing of cudgels took place on their arrival, I think 1 must have seen it ; hut there was no such thing within my hearing and sight. 1 kept my eye on the cavalry until 1 found it necessary to provide for my own safety. I saw no stones, brick-bats, or sticks hurled in the air, or at the ca- valry. 265 Cross-examined by Mr. ScarUlt. 1 was standing near the Quakers' Meeting-House ; there was a great crowd between me and the hustings. 1 went to inspect the meeting, and partly to st e Mr. Hunr, whom I hart not seen before. I have kept aloof from all parties for 40 year 1 *. I had nothing to do with the hanners ; tiiey were, 1 think characteristic of the meeting. I consider " Equal Representation or Death,'' to be nearly the same as " Liberty or Death;'' 1 mean, that equal tcpresentalion is es»en'ial to liberty. 1 think there was no intention of a breach of the peace on that dav. 1 did not suppose that any of the ban- ners were intended to be acted upon on that day ; as to any future r-sults I am incapable of judging. Mr. Scarlitt.— I ask you if you thought it safe to have the doctrine of equal representation or death preached to the people? Witness — T do not think the safety of the town was en- dangered by it upon that occasion. Mr. Scarlett- Did you see a flag with the inscription, " Let us die like men, and not be sold like staves V Witness — No. Mr. Scarlett — We will assume it to have been there, and now I ask you if it ought to have been held up to the peo- ple ? Witness — I consider it to be a general sentiment, that on many occasions in public life, after Members of Parliament are elected, the volers are sold like slaves I think the preaching of such an opinion in public is safe. I do not know that 1 am qualified to say whether the people were sold like slaves. It is the du'y of every man t" preach what h" believes true. I think that that doctrine, if used on the 16th, would not be productive of dan»er. Mr. Scarhtt. — So that if a man thought representation it- self was a tyranny, and that every man ought to have a personal vole in the making of laws, he has a right to preach it ? Witness — 1 did not say that. When 1 spoke of preaching what a man believed to he true I spoke as a preacher, and not as a politician. I do not conceive it expedient that a man should publicly inculcate every thing he believes, but when people Assemble to state and con>i ler their grievances, they have a right to go the leng'h ot saying, as their opinion that they are sold like slaves. I think the people have the same liberty of speech as is exereisi d by the House of Com- mons in doing business. They have a right to express their opinions, provided it is done consistent!) 1 with the law and the peace of society. Sometimes an individual is not so good a judge of political matters as his neighbour. I think toIerat*oti in religion and politics should be equal. I think every man has a right to indulge his own thoughts consis- tently with the peace of society. Mr. Scarlett — But who is to judge of the peace of society? Witness — The uroper functionaries. Mr. Scarlett. — Who are the proper functionaries. Witness. — The Magistrates. Mr. Scarett. — Had you any curiosity to see Carlile? Wi'ness. — No. 3 do not know him. 1 did not see his name on a placard, or if 1 did I have forgotten it. Re-examined by Mr. Hunt. If T had seen a placard signed hy 700 persons, calling a public meeting to consider <»f a Reform in Parliament, I should not have called such a meeting either improper or illegal. Mr. Justice Bayley. — Witness cannot judge of the il- legality of the meeting. Mr. Hunt — Had any one delivered an inflammatory sppech exciting the meeting to acts of viuhnce, 1 should consider it immoral and illegal. Mr. Hunt — Had jou heard that a man had in a certain speech in a particular place, (which speech was afterwards circulated by the public press,) recommended the whole na- tion to insist on the performance of a particular act, should you thnk it illega 1 ? Witness. — Yes, if it was recommended to be done by vio- lence. My understanding of the people being sold like slaves is, when the voters sell their votes, and that the Mem- ber returned, disposes of the liberties of the people without consulting their interests. This I take to be selling the peo- ple. This 1 think is matter for the discussion of a public meeting. I did not hear the speakers. I think the meeting was dispersed before they went into the question. JOHN ROBINSON, sworn.— Examined by Mr. Hunt. I am a merchant residing in Manchester. I was there on the I6ih of August. The people were nea.lv all assembled when I went to the meeting; L went at a quarter before one. I had previously been about mv usual avocations. I was not out of my counting house untii I went to the meeting Per- sons called upon me that morning about business as usual. I wa« in a s-tustion on the ground to see the meeting. I '207 was within 30 yards of Buxton's house when the cavalry ar- rived ; they passed me as they formed. I was within thirty yards of them ; I did not see any of the people offer any in- sult or violence to them. When they arrived I was in a situ- ation to see the conduct of the people nearest to them. When they came up I found some difficulty in getting out of their way. I did not see the people hiss, hoot, groan or hrandish their cudgels at the cavalry as they advanced. 1 think if a man had put his hand above his head I must have seen it. If there had been hissing or groaning I must have heard it, unless it happened while I was falling back, in that case it might have happened without my knowledge. I saw the cavalry advance towards the hustings. By the Judge. — While they were advancing nothing was done to intimidate, oppose, or insult them. By Mr. Hunt. — 1 saw nothing on that day which excited my tears for the safety of myself or my family ; if I had I should not have gone to the meeting. Cross-examined by Mr. Cross. 1 went to the meeting through curiosity. I do not think I could see better from Buxton's house than from where 1 stood. Mr. Hunt, My Lord, this closes our case. PROSECUTOR'S REPLY. Mr. Scarlett commenced his reply for the prosecution. The time had now arrived when it became him to address the jury on the evidence produced in this tedious but most important case, and neither on his own account nor on theirs would he take up more of their time (on which I here had been so large a demand already) than he should feel to be ne- cessary, and commanded by the most imperious duty. He need scarcely remind them that a counsel, in conducting a cause like the present, carries about with him no personal views — that he acts not from personal motives ; that he is a minister of justice ; that, in the observations which he finds it necessary to make, he acts on public principle ; and that it is neither just nor candid to suspect him of any sinister in- tentions, or to impute to him any improper motives, while he performs what his conscience dictates and his office de- mands. He premised this, because, in conducting this re- ply, he would endeavour with boldness to unmask the hy- pocrisy of the defence which thev had heard, and show that L 1 " 260 4-5ths of the mass of evidence which had occupied their at- tention and exercised their patience for the last four days had no more to do with the issue now to he tried, than with any other public transaction, or any other meeting which the defendant had attended. Before, however, he entered on this, he must make a few observations of a personal na- ture. He must show the manner, tone, and temper observed by the defendant that they might be able to decide whether, in a court of justice, that system of intimidation, and violence is to be acted upon, which had been attempted, and with but too much success, in the town of Manchester. Fatal, indeed, would be the result, and melancholy the day, if that spirit of disorder and intimidation, which had been manifested out of doors should everhnd its way into a Court of Justice, and if this Court should be converted into a hust- ings where the voice and decision of the Jury should be de- manded on grounds of popular fear or popular favour. He hoped he should not see that day ; but if he did, entertain- ing as he did the solemn conviction that the dearest rights and privileges of the people depended upon the calm, orderly, and dignified administration of justice, he would struggle to prevent its approach. He therefore craved their indulgence while he proceeded to lay before them the ob- servations which he had to make in this important cause, without any regard to popular favour or to popular clamour, which, he should despise himself if lie did not despise. He called upon them to attend to him while he made a few re- marks on what was not immediately connected with the case, but was forced upon him by the conduct of one of the de- fendants (Mr. Hunt.) That defendant, on opening his speech for his defence, had chosen to say, that, after the close of the evidence for the prosecution, and the hearing of Counsel for the other defendants, when he (Mr. Hunt) asktd that the Court might meet an hour later on the following day, to al- low him to prepare himself for addressing the Jury, labour- ing as he did under infirmity of body and anxiety of mind, the requestwas unfeelingly opposed by " that man" (point- ing to me, said the learned counsel); nothing could be more untrue than the insinuation here made. The jury would re- collect, that when the defendant applied to the Court to meet an hour later on the Tuesday, he (Mr. Hunt) did it upon the ground, not that he was indisposed, but that he might have a little more time for going through the great mass of evidence which had been taken in the case: he (Mr. Scarlett) opposed the request, because he did not think it necessary for the defendant':- preparation. Sundav had in- 269 tervened, during- which lie had time to examine the evidence of the previous week ; and only three witnesses had been heard on the Monday, whose evidence it was easy to review. But he (Mr. Scarlett) was accused of being unfeeling, as having opposed the request when made on the ground of ill health, and this was done that it might go forth to the couu- try that he acted on unfeeling and persecuting principles. If the defendant had applied for a little time on account of indisposition, he (Mr. Scarlett) hoped that he was too well known in this place to be suspected of any wish to oppose it. He objected to the favour, because he thought itvvas asked in order that an audience like that, whose feelings of zeal for the defendant his lordship could scarcely check on a previous day, might be again collected to applaud him. The next persona 1 remark to which he would allude was that which had been made by the defendant on the expression of satisfaction which he (the learned counsel) had uttered in his opening speech, that the cause was to be tried by a Yorkshire jury. He accused him (Mr. Scarlett) of expressing that, satisfaction, while he knew that he had a retainer to oppose a change in the place of trial from Lancaster to York. The defendant knew that this was not true at the time he uttered it, but he thought that the statement would prejudice him (Mr. Scarlett) in the opinion of the jury, and therefore he resolved to make it. He would now tell then, the truth, and briefly explain to them the real stale of the facts. The defendant had applied on the last day of Term to have the venue altered from Lan- caster to York. When he (Mr. Scarlett) entered the Court on that day, lie had no knowledge that such an application was to be made ; so far was he from being engaged to oppose it. He (Mr. Scarlett) heard his hon. friends, the Attorney and Solicitor-General, say, that the object of the defendants was only delay, that they could never be brought to agree on coming to York, ami that the trial would be postponed; but he (Mr. Scarlett) did not speak a word or utter a syllable upon the subject. His (Mr. Scarlett's) private friends well knew his sentiments, and were well aware that he was pleased with the change of place for the trial, and that what the defendant said was totally untrue. And he must do his learned friends the Attorney and Solicitor-General the jus- tice to mention to the Jury what in his candour and gratitude the defendant had concealed — that so far were they from any desire of taking an undue advantage of him after the Court had decided upon the change, that they had actually length- ened his recognizances, the recognizances of the defen4aq|a having been forfeited. 270 Mr. Hunt here interrupted the learned Counsel, and de- nied that the recognizances had been forfeited, or that he had received any favour from the law-officers of the Crown. Mr. Justice Bay ley said that they had been forfeited— that the record was sent down too late. Mr. Scarlett continued— He mentioned these things not to defend himself — for he required no defence from such a charge, — coming from such a quarter, and that in a place where he was known, but to show the temper with which the defendant conducted himself. He had gone on to say that he (Mr. Scarlett) wished a brief in the cause against the magistrates; but that he (Mr. Hunt) could not get anyCounsel to bring forward their conduct properly in the Court of King's Bench. Now, in answer, he would say, that if Mr. Hunt had wished to bring the cause before the Court of King's Bench, there was not a Counsel who would have ob- jected to undertake it, or would not have lent him all the assistance in their power. But, instead of applying to any gentleman of the bar, who, according to the rules of Court, and the regular administration of justice, must conduct such proceedings, he thought of making tbo application himself, though he was aware be could not be heard. Mr. Hunt again interrupted the learned counsel, declaring that he could not allow such mis-statements to pass uncon- tradicted. At the time he made the application to the Court of King's Bench, he was not aware that he was prevented by any rule of Court from arguing the case for himself. Neither was it true that he had made no application to gentlemen of the Bar; he had applied to the Attorney-General, who had declined, and that the learned counsel (Mr. Scarlett) well knew. Mr. Scarlett. — 1 do not know it, nor do I now believe it. The defendant, instead of making an application where it would have been heard, was determined to show his own powers, and came into Court, while he knew he could not be listened to. Mr. Hunt again declared the observation was untrue, and repeated that he had applied without success to the Attorney- General" Mr. Scarlett said, that if such an application was made, it was a mere application of impertinence. The defendant well knew that the Attorney-General never came into the Court of King's Bench unless called there to perform an official duty. Now, with regard to the third personal attack which had been made by the defendant, he did not think it necessary to animidvert on it, as the question had been already set at jest 271 by his lordship. The defendant had unjustifiably brought forward a charge against the under-sheriff in tailing the jury; preparing himself, no doubt, for styling them, in case they brought in a verdict of guilty, a " packed jury." The de- fendant was most unfortunate in the number of his enemies ; he was at war with all juries, with all magistrates, with all constables, with all peace-officers, with all authorities, with all the House of Lords, and all the House of Commons. In proceeding withhis personal attacks, he (Mr.Huut) had stated, that he (Mr. Scarlett) had invented part of the charges against him, and that the bloody dagger of which he (Scar- lett) had spoken, only existed in his distorted imagination. If the Lord of the Manor of Glastonbury, who was so highly respected in his neighbourhood, and who always enjoyed the intimacy of the clergyman of the parish hid imbibed from his society any portion of justice or candour, he might have supposed, in the first instance, that he (Mr. Scarlett) would not have invented this charge, but that it was in the brief put into his hands. The least degree of reflection would have convinced him that such a charge, unsupported either by the instructions in his brief or the testimony of his witnesses, would have been most injurious to his cause. But, to show that the bloody dagger was not the creation of his fancy, he would read the part of the brief from which he obtained the statement regarding it. (The learned counsel then read a sentence to the effect stated.) The statement was not indeed supported by the witnesses, as no dagger was painted on the banner, but the mistake admitted of easy ex- planation. The standard alluded to had not indeed a dagger painted upon it, but the top of the staff was pointed like a dagger, as had been staled by one of the witnesses, and painted red. He would leave the defendant all tiie advan- lair-" which might arise from this correction, which he did not think very materia!. The next thing that he (Mr, Scarlett) was charged with doing contrary to truth and justice was to connect him (Mr. Hunt) with Carlile. It seemed that he (Mr. ►Scarlett) was so incensed against the defendant, that he must prosecute him in all ways; that he must invent charges when he could not find tkeni ; and that, forsooth, he must make him not only hostile to the throne, but to the sacred institu- tions of reiiyion. And then the gentleman, who, among his oratorical figures, had tears at command on the mention of this charge, shed a tear of sorrow and mortification, declar- ing, that he, on the contrary, so far from being connected with Carlile, held his principles in detestation ; that he dis- liked them so much, that, if Carlile was not suffering already 272 the infliction of the laws, hf woukl have expressed what he felt at his temerity in attacking the sacred doctrines of reli gion. Then he stated his belief that his hated name was in- troduced to the jury to prejudice his cause ; that the Re- formers were friendly to religion, and God forbid that he should associate with infidels. But let the jury see what was the real state of the case, and consider the absurdity of this hypocritical cant. What had been proved in the case ' Mr. Hunt had put into the box a witness (his most respect- able witness), of the name of Tyas, who said that Cariile and the defendant were in the carriage, and proceeded to the hustings together. He (Mr. Scarlett) came now to a part of the defendant's speech which was more to the sub- ject, and to facts of which he could not deny that he (Mr. Hunt) made a propet use, for he v as willing to allow him merit where he deserved it. The defendant had asked why the ma- gistrates were not called, and ha was entitled to take ihe bene- fit of the absence of their testimony until the reason of it was explained. He (Mr. Scarlett) would now state the reasons which would give the jury a clue to the whole case. Whe- ther the magistrates on that day acted discreetly or indis- creetly, on exercising their authority to disperse the meeting ; whether the constables told them what was true or false, or behaved with moderation or violence ; whether the Yeo- manry did right or wrong in approaching the hustings, or in their conduct afterwards, had nothing more to do with the cause than whether Mr. Hunt is lord of the manor of Glas- tonbury, or is visited at Middleton-cottage by Squire Wig- more and the clergyman of the parish. On the first day, the solicitor for the Crown not being aware of the course ot' examination, or how the learned Judge would direct the pro- ceedings, had summoned the magistrates as witnesses, and had them in attendance. He (Mr. Scarlett) thought from the beginning that their evidem e would not be required, and on opening the case he had studiously abstained from that part of the transactions of the clay which related to them. He had accordingly resolved not to examine evidence as to any thing which happened after the military appeared on the field. In this he was confirmed by the learned Judge. The inquiry into the conduct of the m iiristrates had. no more to do with the inquiry now pending into the conduct of the meeting than any two events whatever-- the Ioniser inquiry might be instituted in another shape, and he did not wish to distract or prejudice the minds of the jury by mixing them together. If the jury were trying the magistrates, they would be trying a more important cause than the present, and '273 which, being connected with a deeper interest, would, if brought into view on the present trial, only tend to prejudice the public mind. This was his justification for not calling the magistrates. His lordship concurred in his opinion, and the jury would observe that the examination was always broken oft" or interrupted when it came to involve them. Whatever therefore had been said, or whatever the Jury had heard, regarding the conduct of the magistracy and the yeo- manry, ought to be dismissed from their minus, and ought not to influence their decision. I he charge on tbe record was to be tried in the same manner as if no magistrate, no constable, no yeoman, had appeared on the field during the day. If die meeting was in its original formation and concoc- tion an illegal meeting, it was immaterial to this issue whether it went through all its proceedings, and dispersed of its own accord, without any act of violence, or «as dispersed by the military, or in its dispersion committed acts of violence. What might have been the result of the meeting was not now the question. The legality of it is a point to be determined entirely distinct from any result which might have happened. The appearance of the yeomanry on the field is merely a circumstance, which, by the mode in which they were re- ceived, might determine ihe character of the meeting. Whe- ther the j eoinanry attacked the crowd, or the crowd attack- ed the yeomanry, or whether ther« was no attack from either, had nothing to do with the question ; the original formation and character of the meeting itself was the only point at b- sue. Though the motives of the law, in declaring meetings illegal, were grounded on the apprehended result of violence and riot, it was not necessary that that result should he con- summated, to constitute its illegality : but the motives of the law were wise; for who could say what could be the conse- quences of such meetings ? What power could restrain their violence, or repress their excesses i Was it safe; v. as it rea- sonable ; that one man should be adowed to assume the power of commanding 80,000 or J 00,000 people] and did the Jury think that Mr. Hunt, whatever were his powers of oratory over a mob, should assemble 50,000 people, or that he should carry them about like a wild beast muzzled, to be let loose or not, as he should think proper I Could he, or could any man, however trancendent his influence over the minds of the people, be sure that he could always command them when they were excited, or calm their tumult, like the sage of the poet, (Virgil), by a look, by a word, or by the waving of his hand ? The defendant did not possess that power, nor did any man ; and therefore the law hud wisely 274 declared, that such meetings, creating such alarm, alii tending to such dangers ought not to be permitted. Having said thus much, he would now come to consider how the last three days had been occupied. They had been occupied in hearing evidence foreign to the question. In a crowd of 80,000 people, a question as to the conduct of persons in one part of the people was not to be decided by what was observed at another. Was a witness to be proved perjured because he stated what occurred in one part of the multitude, and which was not seen at another? Of the 400 of the Spafields rioters who went to attack the Tower, 300 wotdd swear there was no violence intended. Besides, did any one deny many things that the defendant's endea- voured to prove? Did any one deny that the leaders of the party inculcated order? Did any one of the witnesses for the crown deny that Mr. Hunt inculcated order '? or did any witness but one attribute to him any design of assaulting the military under the tiile of " enemies" of the meeting. Yet all the witnesses called for the last 2 or 3 days for the de- fence only established negatives by assertions that had never been contradicted. Mr. Scarlett then said, he would read for the jury a part of one of his (Hunt's) speeches, on a former occasion. Mr- Hunt.— My Lord, 1 submit this, cannot be read as a speech. Mr. Scarlett said, he would only read it as a part of his ('Mr. Scarlett's) own speech, and the jury would sec from it what sort of defence a man who was charged for the unlawful assembling of a mob was predetermined to make. He would suppose Mr. limit to say, "This is the mode in which 1 shall defend myself." " Let them," said Mr. Hunt at the meeting .in Srnithfield, "bring their spies and informers to give evidence against me. I have 50,000 of you before me, whom I can call in my defence ; and ill only bring 30 a-day it will take three years and a half to try me, which no Judge or Jury can stand." So it was here : witnesses were brought for several successive days to prove what was not material to the case. His Lordship had tried several riots. Mr. Justice Bayley. — No, I have not, Mr. Scarlett. Mr. Scarlett had thought so from the long experience of the learned Judge ; but he (Mr. Scarlett) had witnessed many such trials, and he had never seen a large body of thc» rioters themselves called to prove that there was no riot. But if, instead of 40 witnesses, the defendant hail called 4000, what would their evidence amount to ? Thev might have said that tiiey had gone to the meeting, some with their wives, and some with their daughters; hut he would show by* and-by that this was 110 ground of defence, and he would also show that the whole of the defence was one of craft. It had been stated to the Jury, that the meeting of the IGth had been called by several hundred resident householders of Manchester. Was that proved? Did any o( the friends of the Doctor (Healy) give any proof of this ? Why not call some of those householders ? Did Mr. Hunt think that the Jury were to be caught by such chaff as this ? Why not call them ? Did the Jury think that this would not have been done by Mr. Hunt, or his legal adviser would not have called some of those people, if it was thought they could stand the fire of cross-examination ? Hut no; there was not one single tittle of proof that the meeting had been so called. This, he maintained, was the best negative evidence that could be produced that r.o such tiling had been done. There was one subject to which the defendant had not alluded, and which, if the trial had lasted for 24 days, would have been buried in oblivion, and the jury would not have heard about it, except from the notes of the learned Judge. It was, that, many days before the intended meeting of the Dili Aug. there had been military training going on in the neighbourhood. Was not that calcu- lated to create alarm in the minds of the magistrates at Man- chester ? Could any thing be more natural than that such a circumstance was calculated to create alarm '. (Mr. Hunt here made some remark which we did not hear, and Mr. Scarlett observed, that the Jury saw the effrontery as well as craft with which the defendant conducted his defence; but he would expose both before he sat down, in spite of those interruptions.) I Jut, as he was observing, not a single man had been called to account fortius drilling, and show its ob- ject was innocent, if such was the case. No one was put into the h -x to contradict the evidence of Chadwick, of which he would speak more presently. What, then was the inference which the Jury were te draw? Was it that HO, 000 men were assembled in the manner described, and that no one was called to say why they had been so disci- plined, to state that the object was innocent, if so it was? They had not dared to oiler a word of evidence on this point. So much for this part of the case for the present. Bamford , — and when he mentioned the name of this defendant, he could not but express his regret at the situation in which he saw him now placed - he (Mr. Scarlett) admired his talents, and the respectful manner in which he had conducted him- self in the course of his defence ; and probably others as \( m 270 well as himself were sorry that, he was not found in better company. But Bamford had told the jury, and Healy said the same, and it was frequently repeated by Mr. Hunt, that they had assembled to look for their political rights ; though they admitted that some honest men differed from them on this point. It was assured by them that annaal parliaments, and universal suffrage were the rights of the people of this coun- try. This was not the tribunal before which the question of parliamentary reform could be discussed. Whatever might be the opinions of the Jury or his own on this question, was not material to the case ; but this he would say, that if a mad held such opinions ever so honestly, they were not such as ought to be dictated to parliament, and those who did so were not only wrong, but the very worst enemies to reform, annual parliaments, and universal suffrage, and the political rights of the people 1 Surely, the political rights of the people were only such as were established by the laws and the constitution of the country : but it was said that these were the natural rights. Why a man, upon this principle, had as much natural right to be a king, or to be a peer, as to be a member of the House of Commons. He should be glad to learn in what page of the Book of Nature this right was to be found ; whether any of the defendants could point it out? This doctrine was not only advocated as the rights of the people, but as material to the safety of the kingdom. The gentlemen of the jury knew, for it was a matter of' his- toric record, that the origin of the House of Commons was an emanation from the power of the King ; and in progress of time it irrew to what it now was — a balance of power be- tween the King and the people — a balance formed upon the wisest plan which human ingenuity could devise ; and so it would continue, unless it was attacked by the rude hand of revolution. But at no one period of our history were such things known as annual parliaments and universal suffrage. Tn the early history of parliament, it was a fact, that one mem- ber was named by the king, the other by the Sheriff; and, in the towns, members were elected by the King's bailiff, or by some others under his authority. It had gradually impro- ved to^its present mode of election ; but this it was sought to destroy by one of those measures which were destructive in themselves, and, if good, were too sudden to last. It any man preached at a public meeting the doctrine that annual par- liaments and universal suffrage ought to be the law of the coun- try, he might as. well say that there should be no representa- tion at all; but that every measure which was to operate as a law should be put separately to parishes, and let them de- 277 cide ; and had any man a right to say that the doctrine of universal suffrage should prevail, that every man should give his opinion upon every law, or that death should be the al- ternative if such doctrine were not allowed ? Suppose that Mr. Hunt could prevail upon Bamford or any other of the defendants that the opinions of the " immortal Paine" were correct, he might with the same justice say, no king or death, or no republic or death. He might, it is true, hold his opi- nions of those different modes of government; but he had no right to say at a public meeting that we should have such go- vernment or none at all. As well might Carlile say that reason should be the law, and that we should have no re- ligion. If sucli were his opinion, he might say that human beings perished like the beasts of the field ; that man ceased to exist at all when he ceased to exist in this world ; that the universe had no soul ; that the heavenly bodies had no ar- rangement ; that salvation Mas a fable, and the Bible a fa- brication, invented by the rich to keep down the poor, and that therefore it should no longer be believed. Such might be his (Carlile' s) opinions ; but had he a right to preach those opinions at a public meeting ? Having mentioned the name of Carlile, he would ask, who was it that had invited him to this meeting — this man who had been notorious as the sales- man of the Deist and the Republican ? Was it his fame and the knowledge of his principles which produced him a seat in the Coach with the Lord of the Manor of Glastonbury, and the cultivator of 5,000 acres ? Had Mr. Hunt told them what brought Carlile to the meeting? Was there any man who would lay his hand to his heart and say, that it was not the approval of his principles which had brought him thither ? Good God! to what a state of society must we have come, when we found that the man who could neither read his own language nor any other, the man who had embraced and published such principles, was taken by the hand and in- troduced to the people of Manchester — probably, for aught they knew, as the colleague of Mr. Hunt, if the meeting of the 9th of August had taken place? He asked, what other conclusion could be drawn from the presence of Carlile at the meeting of the 16th; and if the people were deluded into the principles of that man — if the 30 witnesses a-day, of whom intuition had been made, had imbibed such principles, what would become of the sanctity of an oath, and what cre- dit could be due to such witnesses I What, then, would be- come of the demagogue who should persuade them to take their religion from \)\h man, and their politics from Mr. Hunt? He would now coine to look at the case which had been laid before them, and view that case as they (the Jury) had heard it : he considered himself as fully entitled to their verdict as he ever was by any evidence which he ever pro- duced in any case. They (the counsel for the prosecution) charged the defendants with a conspiracy to excite discon- tent; they charged them with assembling in a formidable and menacing manner, and with an unlawful meeting. This was the substance of the indictment. Let them now look at the proofs which have been offered; and would anyone say that they had not. been sufficient to support that indictment? At a meeting which was held in Smitlifield, before the close of parliament, the last summer — a meeting at which Mr. Hunt presided — certain resolutions were agreed to. Those resolutions were handed to Mr. f'itzpatrick, the last witness whom he had called. He (Mr. Scarlett) had not read those resolutions before, because he did not know whether they could be proved — he had only alluded to the substance of them. The Jury had heard Mr. Hunt say, that if no heads were broken, no houses demolished at any of those meetings, therefore they were lawful. This he denied— that circum- stance could not constitute legality; and he would show that, whether their result were peaceable or otherwise, the object was a delusion of the people— not a reform in Parlia- ment, but a destruction of the government of the country. He would read some of these resolutions to the jury. The first was a declaration that every man born in the Rritish do- minions was a freeman. This he (Mr. Scarlett) admitted ; every man in this country was undoubtedly a freemnn : there was no country in which more freedom was enjoyed; there was no country in which such a spectacle as that they now witnessed could be produced, where a cause, carried on, he would admit, with all the support of go- vernment, was left to the dc< ision of such a judge and such a jury. Looking to the government of other countries, and of other times, they would find no sue!) scene as the present, it was weil known that the Roman consuls could put to death any man who should disturb the laws, and in cases of emergency a dictator was appointed, with the power of life and death over all the people : hut what country was it, ancient or modern, where, as was the ca.-e with this na- tion, the administration of the laws and the ven government itself were placed in the hands of the people ? The next re- solution declared that it was expedient that a code of laws ■diould be provided. Hut whv provide a code of laws — had we not a ro(]c id' already ' a traitors to their duty. See what had been done on the night of the loth of August. Chadwick went to White Me-ss at 12 o'clock, where he saw large bands of men training by regular lea'itrs. They had no anus, it was true ; but the word " lire" was given, at which there was a regular clapping of bauds. Whv was not somebody called to con- tradict this, if it could be contradicted, instead of wasting four days in proving what was unnecessary ? T.'.e evidence of Sliawcross, Haywood, and Murray, was not in contradic- tion to that of Chadwick. They spoke only as to rnarchinj; ; and it was not necessary to give the word " lire" in march- ing. Chadwick also saw Murray on the "round, and heard him called a spy. The jury had heard Murray himself de- scribe the ill treatment h^ had received : thev obliged him to abjure his allegiance, and administered the form of an oath 283 to that f fleet ; after which ho was let off with two additional blows. They had heard that one man, who acted as a lead- er, and formed the party into a sqsare for the purpose cf reading a letter which had been received from Manchester, was afterwards seen heading a party to the meeting. It next appeared, that the procession, to the meeting, in which Mr. Hunt was, had stopped before Murray's door, for the pur- pose of hooting and hissing, and somn of them cried out, " No White Moss humbugs.'' Mr. Hunt might say he had no control over them ; hut could he be stiff rod to blow hot and cold ? He who atoi:e time boasted of such control, at auother denied he had any. He (Mr. Scarlett) did not mean to say that it was the intention of Mr. Hunt to commit a riot there, but did not the circumstance show the connexion be- tween the White Moss training, and the 16th August? The hissing before Murray's door was proved by the respectable testimony of Mr. Tyas, and of Dr. Smith; hut Mr. Tyas went further, and he (Mr. Scarlett) was glad that Mr. Tyas had been produced ; for he had understood, since he came to York, that he was a respectable young gentleman, who had distinguished himself considerably at the University of Cambridge. Mr. Tyas's evidence proved the hissing near the police-office. Did that show respect to the magistrates? Hissing and obedience were quite different; Mr. Hunt knew it as well as any man. What could be inferred from this hissing but a disposition hostile to those magistrates ? The learned counsel then proceeded to state the training at Tandle-hills, and the circumstance of Bamford's giving di- rections to his division, on setting out for Manchester to keep order, and of his having distributed laurel leaves to the lead- eis. Why was it necessary to command them to be orderly, unless they had a disposition to be otherwise? The defendants hiive also graced their cause bv the evidence of Mr. Jfaha S;h'dn*eld, the dissenting clergyman. He would say nothing nore of him than asking whether he could be believed on his oath, he who could not recollect whether he had wriuen for the Manchester Observer or not, or what he. had wriuui? He(Mr„ Scarlett) had called 17 witnesses, respectable men, men ot property in Manchester, who all proved that they felt alarmed for the state of the town; indeed, their acts had proved their alarm, for they had taken precautions to guard against the apprehended mischief. Bamford himself seemed to have the same feeling, by the orders which he had given to keep quiet. He meant not to charge them with any disturbance; they were quiet in consequence of commands from head- quarter-. He did no? mean to charge the defendants with v a 284 expressions, "we shall have a Moscow," and such like. No doubt, the object of their leaders, on that day, was to keep tbem peaceable. " Good friends ! Sweet friends! let me not stir you up to any sudden flood of mutiny." These might have been his words; but, like another Anthony, he held up to them the garment of the constitution, and pointed to its stabs. His object was not to produce a riot then, but to shew to those whom he designated as enemies that the people had power to trample onthem if* they pleased, and_ to destroy Manchester, but that it was not proper to exer- cise it then without looking to the result. Me (Mr. Scarlett) gave credit to the feelings of those who conceived that Man- chester was in danger if that meeting continued together. It was of no use to say that the leader did not intend *hey should act. Lord G. Gordon, at the head of 10,000 per- sons over whom he had infiuencp, was not ahle to restrain them, and he was only acquitted of high treason from his peaceable intentions. So would Mr. Hunt now be, if he had been indicted for high treason. Would it be said that Mr. Hunt could have controlled the meeting of the 16th if they had broken out into acts of violence "" Why then should not danger have been feared ? The Lord Mayor of London was prosecuted for not having dispersed the Gordon mob, even before any riot had been committed. It was unneces- sary tor him to say more on this point. His only object was to vindicate the character of that high spirited magistrate, Mr. Hulton— than whom a more charitable and amiable man did not exist in the county where he lived. The evidence of Mr. Hulton was quite natural for a man standing where he had. He had not sworn that sticks and stones were thrown at the cavalry, but that it appeared to him they were raised up. It appeared, however, from the evidence of Mr. Hul- ton and others, that the crowd had closed upon the cavalry, and it was then natural for a person in Mr. Hulton's situa- tion to feel alarmed for their safety. The circumstance of women and children being among the meeting did not disprove die present charge. Women and children had mixed in Lord Georpe Gordon's meeting ; but that was proved to be illegal, and so must every meeting be which was calculated to inspire terror and alarm in his Majesty's peaceable subjects. It was laid down by Mr. Sergeant Hawkins, in his Pleas of the Crown, that to constitute an illegal meeting an act of riot or violence was not ne- cessary. Any meeting calculated to intimidate was illegal. They had heard from Ramford, that to train men it was not necessary to have his Majesty's commission. He admitted 285 this ; but then it depended upon the object for which they were trained. Why had not the defendant shown that the object here was lawful ? And here he should observe, that one of the greatest causes for alarm was the nnslcry with which these trainings were conducted. It had been said that the meeting assembled to discuss certain politisal questions. If those people meant to pass resolutions, it was evident that l hey could not be discussed by them. Which, he should be glad to know, of those industrious weavers and cotton-spin- ners who attended the meeting, were fit to decide on such questions as these ? was it to be supposed that political sci- ence, as it had been called, could be considered by an assem- of 50,000 persons? He would, in Mr. Hunt's own lan- guage, give a description of the meeting; and he would then ask of the Jury, whether, on his own showing, he did not mean to inspire the peaceable inhabitants with alarm — to fill the magistrates and local authorities with fear — and to hold up to scorn all those public functionaries which the law had appointed to administer the justice of the country? Did not Mr. Hunt state to the people that it was " a tremendous meeting V Did not two of the witnesses prove that he used this expression ? It was indeed a tremendous meeting, and its consequences would be fearfully tremendous if the ver- dict of the Jury sanctioned it as a legal one. Mr. Hunt re- turned thanks to the people for the honour which they had conferred on him in calling him to the chair, and observed, " that it was impossible he could make himself heard by every member of the tremendous meeting he there saw be- fore him." He (Mr. Scarlett) verily believed, that at that moment there was in the mind of Mr. Hunt, a mixture of fear and vanity. " It was useless," he proceeded to say, " for him to call to their minds the circumstances which had taken place for the last ten days in the town." It was evi- dent from this that he was privy to those circumstances, and knew them well. He next observed, " that the efforts of those who attempted to put them down by the most malignant exertions, were the means of making them meet that day in twofold numbers." What was this but to say, " you were prevented from meeting on the 9th of August to proceed to the election of a member to represent you in Parliament — I deny the right of the magistrates to prevenl >ou. But now you have met on the 16lh, and their malignant exertions have had the effect of making you meet in a twolold number. I don't advise you to resist the constituted au- thorities ; but show your firmness, and I will meet yon again in fourfold number?. At present ynu arc raw and •im undisciplined troops, and fly at the sight of a red coat ; but stand firm; manoeuvre in the very face of the magistrates and of the army, and you must succeed. We must persevere, since the former meeting was adjourned, or postponed." Mr. Hunt was for two hours examining a respectable gen- tleman from Manchester, to show that he had not, in speak- ing of the projected meeting of the 9th of August, made use of the word " adjourned/' but that he had adopted the word " postponed." The evidence, however, proved that he had used both these words. "The meeting," continued Mr. Hunt, •' was put off. Who put it off ? The magis- trates, who showed by their conduct, that they had sustained a defeat." This sentence was, it seems, followed by loud and long applause. When the cavalry appeared, and drew their swords, Hunt and Johnson told the people to give three cheers. Those cheers were explained by Mr. Tyas, in his evidence, as being intended to show that they were not daunted by the unwelcome presence of the military, although another witness had declared that it was meant for a cheer of approbation. The legality of the meeting, at common law, was to be decided by the circumstances connected with it. Mr. Hunt had defended it, as a meeting no le->s legal than an assembly of citizens in Palace-yard. But who could ever contend that all the people of England might meet there ? The meetings in Paiaee-yard were of a description that was well-known to the Constitution. The meeting at Manchester, on the other hand, was convened by some secret committee, assisted by Mr. Hunt. It was not a county meeting, nor a town meeting, but a meeting of every person who might be pleased to attend. It was, in fact, calling on all those who had any grievance, real or imagi- nary, to come forward, while Mr. Hunt preached his poli- tical doctrines to them. The broad question for the Jury to decide was, whether this was, or was not a lawful assembly? To that point he hoped they would give their most serious consideration. They were to say whether they thought it was lawful to assemble in such a form and with such banners as had been described. As to the designs of those who thus assembled, they had no evidence ; they were left to conjecture. If Mr. Hunt and those who met on the 16th of August,- designed to pass any such resolutions as those that were agreed to in London, that design alone made such a meeting illegal, and formed a ver\ grave and serious ground of offence. Mr. Hunt had not called before them any per- son, to show what resolutions he meant to propose ; the Jnry bad no informal inn of what was the object of the meeting 287 It was, therefore, only to be judged of by circumstances— by the mode, for instance, in which the people were assem- bled. He contended then — and he called on the jury to come to the same conclusion — that the intention of Mr. Hunt was, either to call on the people to meet for the election of a member to serve in Parliament, as had been done at Birm- ingham, and of which purpose notice had been given on the 9th of August, or else to pass such resolutions as were agreed to at Smithfield in the month of July. If they were of opinion that the parties had either object in view, then the meeting was cleaily illegal. But, even independent of that, if the mode of assembling, if the vastness of the numbers, if the system of organization which appeared— if these circum- stances, taken together, conspired to impress terror on the minds of peaceable men, it was an unlawful meeting. The next matter for their consideration would be the. part which each of the defendants took in the transaction. With respect to Mr. Hunt, no doubt whatsoever could be entertained. He appeared to be the grand mover of the whole machine. With respect to Johnson, they found him with Mr. Hunt at the hustings, and there proposing him as chairman. A very remarkable conversation, which took place with Johnson, was also detailed by two of the witnesses. Evidence was, however, given by two persons, who declared that they would not believe the witness, Willie, on his oath. But how did the fact stand ? Slater, one of the witnesses, was a pub- lican ; and Willie a butcher, a total stranger to Johnson. Johnson happened to go to Slater's while Willie was there, and the conversation turned on the business of the approach- ing 16th of August. Had any one contradicted the fact? that such a conversation had taken place? No; but two persons, a butcher and a builder, were sent for express from Manchester, who stated that they did not believe Willie on his oath. Willie swore that he had a certain conversation with Johnson, and, having mentioned it to some person, it came to the ears of the magistrates, who seut for him. It appeared that he was watched, and, as he returned from the magistrates, Johnson, sent a servant after him, to call him into his shop. Where was that servant? Why was not he produced? The witness was, however, corroborated by Johnson himself, for he asked Willie, whether he had not said so and so ? which showed that there must have been a meeting between them. It was quite plain, from this circumstance, that Willie was watched by Johnson, and it thus appeared that there were some individuals who kept s/*ies and informers in their pay, as well as tbo?e who i/i're more commonly 288 blamed for employing such instruments. Willie's evidence sufficiently proved that Johnson had a previous knowledge of the meeting, and that he had said " They would bring such numbers together as would enable them to set at naught any soldiers that might be brought against thrm." Moor- house, it also appeared, was with Mr. Hunt ; he had gone to Smed ley-cottage, and had also accompanied Mr Hunt to the hustings. At the Stockport meeting he told the people to attend at Manchester on the 16th, and to bring with them as many of their friends as they could. Moorhouse, on the morningof the 16th, set outwithhis coach from Stock- port, and, inthe midstof this eight-mile stage, he stopped and watered his horses for half an hour. Was not the object of this delay to wait for the procession, and to arrive regularly with it ? Moorhouse went on, and was hailed by Mr. Hunt opposite the Exchange. He got into the barouche, and they approached the hustings in the same caniage. Moorhouse, he therefore argued, was a principal party in this design. It would be for the jury to consider whether he was not the person who chiefly incited the St«c!-port people to attend the meeting. He next came to Wylde, whom they found directing the people to lock arm-in-arm round the hustings. Dr. Healy, it appeared, was also there. " But," said the Doctor, " where there is no law, th*-re can be no transgression." It would be a very good thing for the Doctor if there were no law. He seemed to think it would be proper to allow men to march to public meetings as they pleased, to hear what they pleased, and to deliver any sentiments they liked. Fortunately, however, there were laws connected with points of that kind. Well, they fou«d the Doctor arranging a body of people, and marching with them to the ground. He appeared to be intimately con- nected with " the black fl-ig," as he produced a facsimile of it, " in little." He (Mr. Scarlett) inconsequence pro- duced the original ; and if the defendants had put in a fac- simile of their caps of libertv, he would have exhibited some of the real ones. They had heard much of the cap of liberty. It had been, since the French revolution, a revolutionary emblem. The mischiefs that, had been hatched, engendered, and perfected, under the ensign of the cap of libertv, had converted it into an emblem of disaffection. It was no longer the cap of liberty ; it had degenerated into a badge of licentiousness. With respect to Saxton, as it was stated that he was a reporter, and attended the meeting in that ca- pacity, that would be a fair ground for the Jury to give ;t verdict in his i'.nnur, \ fori: 1<;>v»\ therefore, to dismiss biui t>H9 from your attention altogether. The defendant Knight, it was proved, was in the carriage with Mr. Hunt, and pro- ceeded with him to the hustings. He had now merely to call their attention to the particular points which they had to consider. 1st, Whether the assembly was an unlawful one; and, next, what part the respective individuals took in it. He would be perfectly at his ease when he had dis- charged his duty on this occasion. As to consequences, he feared none, except indeed the verdict of a British Jurv, asserting that such a meeting was lawful. He trus'ed the jury would discharge from their minds any idea of the public impression which their verdict might pro- duce, and only consider how they best might execute the great duty they had to perform. Much had been said in fa- vour of great public meetings : but s^me of those wbo spoke most in praise ol them, seemed to wish to press the system to boundless licentiousness. If such were to be the prac- tice, if great bodies of people were to be congregated toge- gethcr from all quarters, it would be better to give up the power rather than retain it, when it threatened perilous con- sequences to their persons and properties. The great Roman historian had described a state of things somewhat similar, when he depicted the people of Rome, on the accession of Augustus, becoming the willing instruments of their own sla- ver) — " ac novis ex rebus aucti, tuta et prresentia quam Ve- tera et periculosa mallent." Why had they done so? Be- cause they weil recollected the strife and misery to which they had been exposed by the licentious dispute of contend- ing factions at former periods of their history. He hoped the jury would, by their conscientious verdict tbis day, save their country from so lamentable a trial. When the verdict of a Jury sanctioned and preserved the laws, those who pro- nounced that verdict did the most essential service to the in- terests of society in general, by showing that the laws of a country were sufficient to maintain the peace, and adequate to the punishment of those who attempted to infringe them. On the other hand, if, in consequence of certain topics which were unfortuna'ely connected with this question, the Jury should be induced to give a verdict, finding this to have been a lawful assembly, he would hang down his head in sorrow, for he should begin to fear that the law was not sufficient to preserve the public peace. He was however, of opinion, that the law as it now eK'.sted, was powerful enough to re- press disorder. He hoped the Jury, by their verdict, would show that it was, and that no twelve Englishmen would be found to say, that such a meeting, assembled nnder 290 such circumstances, and in such a manner, was, or ought to be, tolerated by law. JUDGE'S CHARGE. Mr. Justice Bayley, after a short pause, proceeded to address the Jury. They had now, he said, at length arrived at the end of this most important case, and it became neces- sary for him to offer to them such observations, in summing up, as the circumstances appeared to him to demand. Ho would, as accurately as he could, lay down to them the law which was applicable to the case ; and he would make such remarks on the evidence, as, in the discharge of his duty, he might deem proper, in order to point out for their consider- ation the grounds on which they were to proceed in forming their judgment. He would be as brief as possible in advert- ing to the merits of both sides of the question. And, in the first place, he earnestly entreated of them to dismiss entirely from their minds every feeling connected with political or party question, an I not to take into consideration what the consequences of their verdiet might be, but merely to con- sider what verdict, according to the evidence, they were bound to give. With respect to the observations he should make to them on this subject, it was their duty to weigh them maturely, but not to adopt them unless they met with their perfect concurrence. lie would, in this case, lay en- tirely out of the question the conduct of the military and the magistrates. The great point for consideration was the con- duct of the crowd on this occasion: and as the acts of the magistrates, of the military, and of the constables, might create a prejudice in their minds, he had cautiously abstain- ed from suffering them to be investigated or entertained in the course of the trial. The propriety of the conduct of the individuals to whom he alluded could not then be discussed; and the jury must not suffer t' eir minds, in any respect, to be influenced by the consideration how far their verdict would operate either in favour of or in prejudice to the ma- gistrates, constables, or military employed on the occasion in question. It was with a view to prevent a prejudice of that kind that he had, in the course of the trial (not, he hoped, inconsistently with the situation which he held), de- sired the defendant not to put a question which, in point of law, lie was entith d to do. He saw the way in which that question was propounded and embodied in the case, and he perceived that it could not serve the defendant. He there- fore thought it was his duty to prevent the question being persevered in. For this reason, and for this reason onlv. he desired the defendant not to press the question. He was quite ?ure that, in this rase, as in all other.-., the Jury would 29 \ give to the defendants every fair credit, which, on a proper consideration of the evidence, they might appear entitled to receive. If the case justly admitted of doubt, they would give to the defendants the benefit of that doubt, and pro- nounce, with respect to them, a verdict of acquittal. He hoped and trusted, and was indeed satisfied, that if the evidence imperiously called on them to come to a dif- ferent conclusion, they would come, boldly and fear- lessly, to that conclusion. His idea was, that the inquiry should be conducted in such a way, as, if possible, to give even the defendants themselves satisfaction as to the mode in which it was carried on : so that, if a verdict of guilty were recorded against them, they might have an opportunity of saying that their trial was an impartial one. After these very few preliminary observations, he should proceed to point out to the jury the nature of the present indictment. It contained a charge of conspiracy ; it contained a charge of unlawful assembly ; it contained a charge of riot. But, on the subject of the charge of riot, he would not propound to them any observations, because he conceived that the con- sideration ol the other charges alone remained for them. The circumstances of the conspiracy, as they were stated in the indictment, were these:— The indictment set forth, " That the defendants conspired to meet, and to cause and procure other persons to meet, for the purpose of disturbing the public peace, and the common tranquillity of the King and realm." This was one count; and it would be for the jurv to say, whether anv conspiracy was made out, so as to authorize them to find a verdict of guilty. The count further charged, that the defendants met together for the purpose of raising and exciting discontent and disaffection in the minds of the subjects of our Lord the King, and also to incite them to contempt and hatred of the Government and constitution as by law established. Therefore there were here three heads of charge — 1st, that of a seditious meeting, to disturb Ihe public peace ; a 2nd purpose was to raise and excite dis- content and disaffection in the minds of the subjects of the King; and the 3d purpose was to incite the subjects of the King to contempt and hatred ofthe Government and consti- tution of the realm as by law established. The unlawful as- sembling was stated to be with two different views ; and if the existence of either one or the other of those views were made out in evidence, it would be sufficient to warrant a con- viction. The first view charged was, that the defendants, by themselves, and also with various other persons, unlawfully, maliciously, and seditiously did assemble, for the purpos* of Wo. 10, price Sixpence.) O o 292 raising and exciting discontent and disaffection in the minds of the liege subjects of the King; and, 2d, with a view to excite contempt and hatred of the Government and constitu- tion, as by law established. Therefore, the meeting, which in the first instance was charged as a conspiracy to disturb the pi'blic peace, was, in the next place, described to be an assembling for the specific purposes which he had stated. Another count set forth, " That the defendants met and as- sembled, together with divers others, to a very great cumber, in a threatening and menacing manner, with sticks and other offensive weapons, and with divers seditious ensigns and flags on which there were various inflammatory inscriptions and devices, to the great terror of the peaceable subjects of our Lord the King." One of the purposes, therefore, to effect which they were charged with unlawfully assembling, was to excite discontent and disaffection in the minds of his Ma- jesty's subjects; and 2dly,they were charged with meeting in a menacing manner, and in military array, in order to effect that illegal object. On thesubject of unlawful assemblies, he would quote what Mr. Sergeant Hawkins, perhaps the best writer on the question, stated as necessarily constituting an unlaw- ful assembly. He said, " any meeting whatever, of a great number of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the King's subjects, seems properly to be called an unlawful assembly ; where, for instance, those great numbers having some grievance to complain of, met armed together, for the purpose of discussing the best way of ridding themselves of that grievance ; because, under these circumstances, no one can say what may be the event of such a meeting." Mr. Sergeant Hawkins's opinion then, was, " that a great number of people, meeting under such circumstances as cannot but endanger the public peace, and raise fears and jealousies among the King's subjects, was an unlawful assembly." And he adduced, as an exemplifica- tion of his opinion, "persons meeting together armed, in a warlike manner." That, however, was not essentially ne- cessary to constitute an unlawful assembly. Taking all the circumstances together, if a meeting " endangered the pub- lic peace," and tended to " raise fears and jealousies among his Majesty's subjects," it was an unlawful assembly, al- though the people did not appear armed. Therefore, one of the questtons the Jury would have to decide was, whe- ther the meeting now under consideration consisted of such numbers of people, and was called together under such cir- cumstances, as could not but endanger the public peace?— 2,93 It might be, that, in a very large assembly, there were many persons entirely innocent of any improper object. They might meet for what was a strictly lawful purpose ; and yet there might, in that meeting, be many other persons ille- gally assembled, who might wish to make the innocent par- ties the instruments in their hands for effecting tbeir unlaw- ful purposes. Now, he had no difficulty in stating, that, in all cases of unlawful assembly, they were to look to the purpose for which the people met, the manner in which they came, and the means which they were using to effect their proposed object. All these were circumstances which the Jury were bound to take into consideration. He had no hesitation in stating to them, that it was not because a meet- ing was composed of 60,000 persons, or because it was a body containing women and children, that therefore it was an unlawful assembly. That number of persons might meet under such circumstances as were not calculated to raiso terrors, fears, or jealousies, in the minds of the people in the neighbourhood. But, in an assembly so constituted, and met for a perfectly legal purpose, if any individuals intro- duced themselves illegally, in order to give to that meeting an undue direction, which would produce terror in the minds of his Majesty's subjects, although 59,000 persons out of a meeting of 60,000 were completely innocent, yet there might be 12 or "20 illegal!)' met there, and those 12 or 20 would be liable to be tried on the ground of having illegally assembled. It followed, that although a meet- ing might be perfectly legal as to the great bulk of the people attending it, yet if any persons, by a plan among themselves, introduced objects new to that meeting, by placards or any other means, which objects were likely to give to the meeting a direction not before contemplated, so as to produce alarm, or to endanger the public peace, and strike terror into his Majesty's subjects, those persons were liable to be indicted for illegally assembling together. The case, as it was stated by Mr. Serjeant Hawkins, seemed to contemplate the event of immediate danger, resulting from the meeting. He, however, was not prepared > his own mind to say, that the appearance of immediate danger was necessary to constitute this offence. If in the results the jury were satisfied that, from such an assemblage, ac- companied by the circumstances he would by-and-bye point out to them, terror must have been inflicted on the mind's of his Majesty's subjects, leading to ftn apprehension of imme- diate danger, they would give a ver lict against those wh<> occasioned that apprvherr>i"n. On the fther hand, if, froai 294 the peaceable demeanour or the people at the time, and th« association of women and children on the ground, the meet- ing was not sufficient to produce a feeling of immediate dan- ger, though it might of future danger, he would recommend it to the jury to find a special verdict. If they found a spe- cial verdict^ he would call on them to state whether they thought the circumstances attending the meeting were such as were calculated to produce immediate danger. Iflhey thought not, they would then find, "that the persons met under such circumstances as were not likely to inspire the fear and terror of immediate mischief, but which were cal- culated to create a fear and terror of distant danger." With respect to the subject of conspiracy, it was necessary to ob- serve that the defendants were not liable to be found guil- ty, although they were seeking the same end, if the jury were not of opinion that they were acting in pursuance of one common design, with the privity of all. It might be, that, in a case of this kind, twelve or twenty persons might go to a meeting, each of them intending to sow sedition : yet, if each person intended to sow that sedition, from the mere motive and impulse of his own mind, and not in com- mon with the other parties, they conld not be found guilty of conspiracy. To prove conspiracy, there was no necessity to show the absolute meeting together of the parties accu- sed. If the circumstances were such as to induce the jury to believe that they could not have occurred without the previous concert and combination of the parties accused, it was sufficient. If the circumstances were of such a na- ture as to imply that there must have been a previous plan that would warrant conviction for conspiracy. If, in this case, the jury should be of opinion that these persons could not have come together in the way described — generally speaking, with a regular step, and approaching a par- ticular place, at the exact time they did ; if they believed they could not come in that way, in the common order of cir- cumstances, without a privious meeting between the parties, that was sufficient evidence of a preconcerted plan. But if the Jury were of opinion that they might have met together by accident, without previous arrangement, then the charge of conspiracy must be dismissed from their minds. A partv expressing an intention to go to this or any other meeting might induce other persons who heard of it through him, to attend also, without any previous design. They could only implicate, in the offence of conspiracy, those persons who the evidence showed either actually were, or from circum- stances must have heeu. partus to the formation of the on 295 ginal plan. Those who joined in a plan, though at a late period of the transaction, could not he distinguished from those with whom it originated, because they in fact agreed to all that had previously been done, and thus became con- spirators. In considering the matter of conspiracy, they must look to the case of each defendant, and see with which of the other defendants he conspired. It might be, that, as to ihe conspiracy charged in this case, they would be of opinion that, one, and one alone, of the present defendants, together with diveis other persons not named, had formed the plan, it would subject the defendant, and him alone, to be found guilty of the charge. The fact o( assembling did not stand on the same ground ; because, if in such a meeting as that, 12 persons assembled for unlawful purposes, (that was, to give an improper direction to the proceedings of those who were legally and properly met), those twelve might be found guilty of illegally assemblings, though there was no previous conspiracy. la deciding this case, they would take all the attending circumstances into consider- ation. One of these circumstances was, the appearance of the parties as if they had been drilled. With respect to banners, bearing inscriptions, their illegality did not extend to every man present at the meeting, but only to those par- ticular persons who adopted those banners, and the senti- ments inscribed on them ; or who, with a full knowledge of their existence, gave perfect confidence and co operation to the meeting. So also in the case of drilling. It could only affect those who knew that drilling was practised for illegal purposes. If he knew that persons were drilled, for the purpose of overawing his Majesty's subjects, and bearing arms, and. he attended a meeting of that kind, and gave it his confidence, then he was guilty of attending illegally. But if, on the other hand, he was present at a drill-meeting, not being aware that it was assembled for illegal purposes, the low considered him innocent, because he was not privy to the fact which alone rendered the thing illegal. As to the point, whether a specific assembly was likely to produce terror, future or immediate, the fact might be proved in two ways — by showing, on the one hand, that terror was actually produced — or on the other, by proving the absence of all terroi. To show whether terror was or was not produced, he would state the testimony on both sides in this case. They would find in the evidence on the part of the prosecution, a great deal which imported that no apprehension of immediate danger existed ; and the circumstance of women and children being present would be 296 worthy of their consideration in that respect, It was admit- ted that an attempt was made to keep the peace at the meet- ing. But this might have been done in order to forward fu- ture ohjects. It might have been hoped, thai, by this means, the prepared seed would be sown, while those whj pursued this course would wait till the time of harvest to reap the benefit of it. Having made these observations, which he deemed it necessary to do, in ordor to enable them to arrive at a correct conclusion, and at a proper understand- ing of the evidence, he would now point out to them what the nature of that evidence was. The learned Judge then proceeded to recapitulate the vo- luminous evidence adduced in the course of this interesting trial, briefly commenting on it as he went on. He observed that a meeting of 60,000 persons, if they all came to a cer- tain point, with a common knowledge of what was to be done, might create terror. With respect to the banne.s, he again observed, that those only who showed that they were favourable to any motto inscribed on them, by carrying, or immediately marching under them, could be considered as liable to any penalty which the illegal nature of any of the inscriptions might warrant. It was .jiven, he observed, in evidence, that Moorhouse was a religious man, and constantly read the bible to his family — a fact stated to induce the in- ference that he would not be guilty of an illegal or immoral act. It was also stated that Mrs. Moorhouse, though in the family way, went through the crowd ; ard it was not likely, if danger had been apprehended, that her husband would have permitted her to attend. With respect to persons walking in the military step, to whic'i several witnesses had sworn, it could not affect the persons charge!, unless they were proved to have been cognizant of the fact With res- pect to the inscription, " equal representation or death," if it meant that those who adhered to such a standard would lose their lives unless they procured what they deemed " equal representation," it amounted to sedition: hut if, as Mr. Hunt explained it, the inscription merely meant, that if they could not procure " equal representation," they would be starved to death, it would not come within the character of sedition. Again, the inscription of " No Com Laws" left the Jury to consider, whether the meaning of it was, that the corn laws were so oppressive, that every means, legal or illegal, were to taken in order to get rid of them ; or whether it was a mere expression of disapprobation. In the former case it would certainly be sedition, in ihc latter it would not. As to the rap ol liberfv, it w;\* one of the insignia nf \hi erown ; and 297 when the King went to Parliament, an officer of state always bore it before him. It did not, therefore, of necessity, mean any thing sedilious. With respect to the stoppage of busi- ness occasioned by the meeting, it was positively sworn by a great mass of evidence for the defendants, that it was not at all interrupted ; and, certainly, if any interruption of busi- ness had taken place, in a great town like Manchester, it would have been easy to have called evidence to that fact. When his lordship had come to the testimony of Chad- wick, reading the evidence at length, Mr. Scarlett suggested that, if all parlies would agree, the reading of the evidence might be very much abridged. All the parties agreed. His Lordship then said he would read the evidence, and if he omitted any thing material he begged it might be sug- gested, and he would read it. Bamford.— I leave it entirely to your Lordship's judg- ment. Yon have had a great deal of trouble. Mr. Justice Bayley. — I grudge no trouble; you have a right to my services. His Lordship then continued to sum up. He said, the phrase sworn to by one of the witnesses, as having been used by a person going to the meeting, name- ly, that they would " make a Moscow of Manchester" seem- ed to be inconsistent with the general intention expressed by the reformers on that day. There was every reason to be- lieve that Mr. Entwistle was mistakeniu the expression of Mr. Hunt about their enemies, as applied to the soldiers. With regard to the shout set up when the military appeared, it might be the shout of consciousness of innocence, and a de- termination to remain on that consciousness, or it might be the shout of intimidation. Its nature was to be determined by the circumstances in which it was uttered. There was no other witness that spoke to threatening expressions but Mr. Francis Phillips. The multitude round the hustings appeared to this witness disciplined troops, ready to protect Mr. Hunt in case of any molestation. If he had a false im- pression in this case he might in another, and there seemed to be no evidence that the multitude were ready to fight, as the majority of them had no arms, the most of them being even without sticks. The learned Judge having proceeded through the evidence given on the first three days, and the hour having arrived at which the Court usually adjourned, said to the Jury, that he would desist, and adjourn the Court if he fatigued them. No answer being returned, he continued for another hour, when an intimation was given, that, as the business could not 298 terminate to-day, it might be convenient to adjourn now (at half-past seven.) This was assented 1o by the learned judge, and the court was adjourned till Monday, at nine o'clock. Mr. Hunt, before the court broke up, intimated a wish to the Jury that they would in the interval abstain from conversing with others on the subject of this trial, and also from reading the newspapers, which had been fill- ed with libels on him during the last week. His Lotdship expressed a confidence that the Jury would attend to the wish now expressed ; but it Mr. Hunt was anxious to secure it under the sanction of an oath, he would put the book into their hands an d swear them on both points. Mr. Hunt thought this unnecessary. After what had fallen from his Lordship, he was sure they would attend to their duty. The court then adjourned till Monday at 9 o'clock. TENTH DAY. Monday, March 27. The utmost anxiety was manifested to obtain early admis- sion to the court this morning, as it was generally known the Judge meant to conclude his charge early in the day. At eight o'clock every part of the court was occupied. Pre- cisely at nine o'clock Mr. Justice Ba\ley entered. All the defendants soon after took their seats. The learned judge throughout the day seemed oppressed with indisposition, and repeatedly took medicine. His Lordship, in his commencement this morning, said, that he had on Saturday night advanced so far in hi-> charge as the evidence of Shawcross, who merely produced the pla- cards — The learned judge then proceeded to detail the re- maining evidence for the prosecution, with respect to the part taken by Mr. Hunt at the Smithtield meeting, the reso- lutions of which, on the 2 1 st July, his Lordship read seriatim, the jury were, from a consideration of the tone and tt mper of those Resolutions, to form a judgment of the disposition of the individual who recommended them. He commented with severity upon that one which pointed out, that the peo- ple were absolved from any obedience to ihe laws, except on such conditions as was therein expressed, from and after the 1st January, 1820. How far such Resolutions were con- sistent or inconsistent with due subordination to the law, he left it to the Jurv to consider ; as well as how far they were ±09 or were not calculated to bring his Majesty's Government into hatred and contempt. The next evidence was that which related to Bamford, and it only shewed that he recom- mended peace and order; still he was identified with the placards, if they thought them illegal. If a meeting for con- sidering a reform in Parliament be illegal, he is an offender; but it was his Lordship's duty to tell them that it was not. There was no illegality in carrying sticks, unless they were for an unlawful purpose ; nor banners, unless their tenor was such as to excite suspicion of the objicts of those who carried thpin there, or concurred in bringing them there with an evil intention. As to numbers, they alone did not make a meeting illegal, unless attended with such circumstances as did actually excite terror, or were reasonably calculated to excite terror. Such circumstances were forbade by the law. They had truly heard that where there was no law, there was no transgression. If the meeting was inno- cently intended, then the law was not violation. You then Come, observed his Lordship, to Dr. Healy's ad mouitory re- mark to me, to take care and not in any thing I say prejudice your minds against him. If I do, Gentlemen, discard any expression of mine having such a tendency altogether from your minds. I mean to do my duty with integrity to the best of my poor judgment. If I err, and err with intention, then. Gentlemen, there is that power to which I am awfully re- sponsible, Between the Crown on the one hand, and my country on the other, 1 shall do, 1 hope, equal justice. The defendants, I trust, shall sum t no uudue prejudice at my hands — my conscience will uphold me in what 1 have to say to you ; and he who will sit in judgment upon all o\»r poor acts, will have to say what motive dictated them. 1 have now closed my observations upon the evideace for the pro- secut'on, and before I sum up that for the defence, I wish to stale that I have made a summary of it. which wdl bring its leading points with less fatigue to your minds. If, how- ever, 1 omit any thing material for any of the defendants, or as I go on, shall mis^ one, touching upon any fact in their favour, thru it will he only necessary to remind me of the omission, and I shall read in detail the part to which my at- tention shall be called. Mr. Hunt — Probably you will rdlow us, my Lord, to avail ourselves of your kind permission, as you go on, without deeming our interruption obtrusive. Mr. Justice BAYLEY — Yes,, Mr. Hunt, I not only allow you, but desire you promptly as I go on, to call ray attefltioa a* yoy may please ?? 300 The Learned Judge then resumed his charge, and said, that, with respect to Baniford, all that had been proved in his speech was a recommendation to peace and order. There were no sticks in his groupe, save a few common walking sticks carried by old men; there were women and boys in the throng; and it was for the Jury to consider whether Bamford and these people, carrying their wives and daughters with them to such a crowd, meant to create on that day riot, tumult, and disorder? With such an intention, nothing was less likely than that they would carry to the scene those who were the dearest objects of their affection. According te the evidence for Bamford, the people in Irs party, so far from being tumultuous, were peaceable and joyful ; and the drilling, as it was called, so far from being illegal and noc- turnal, was open and innocent ; the only object being mere- ly to enable the people to attend the meeting as conveniently for each other and the public as it was possible. The Learned Judge then enumerated the names of the witnesses whoswore the parties on ihe 16th of August, went to the meet- ing in the utmost peace, and conducted themselves while there with equal tranquillity. There was no act of violence, according to these witnesses, committed by them ; no viola- tion of peace, which would bring them under the reprehen- sion of the law So far in favour of Bamford. With respect to Saxton, the Crown had abandoned the case. In behalf of Mr. Hunt, three different, propositions were established in his favour, by the witnesses produced in his defence. First, that the procession moved to the field in the utmost order — that all the exhortations to the people were in the spirit of pence, and that they imbibed and adopted that spirit in every respect. There was no insult, no offence given, ex- cept some lew loose expressions, only implicating the indi- viduals using them, and not fairly attributable to the bulk of the people. There were none saw sticks thrown, nor bludgeons, nor brick-bats; no panic in Manchester, all was tranquil and free from apprehension up to the moment the military arrived on the ground. It was admitted that the people shouted when the cavalry came ; some said this was in defiance, but for the defendants a different construction ■was put upon the act, and that it merely signified their confi- dence in being legally assembled, and their determination to remain in the discharge of what they considered a justifiable duty, without fear of interruption. If the object were legal, and the means of effecting that object legal, theu the people bad undoubtedly a right to remain while so conducting them- selves, and there was no proper reason win thev should- be -501 disturbed. Under such circumstances the people had a right to stand firm. It was also deposed, that besides the pro- miscuous groupe of women and children who came into Manchester, there were many other to all appearance re- spectable females who walked to and fro among tbe multi- tude, without seeming to apprehend any danger from their situation. There was also in evidence, that marks of respect were paid to loyal tunes, that not the slightest indication of disturbance took place, and that no stones, brick-bats, or sticks were flung up in the air during the day, nor hooting, nor hissing at the cavalry. The Learned Judge then enume- rated the witnesses, who spoke to the peaceable character of the meeting. As to the drilling, if it were only intended to promote regularity and convenience at the meeting, then it was not illegal. He thought they might put out of their consideration, that the words " these are your enemies," were addressed by Mr. Huut to the soldiers in Dickinson- street, for that must have been a mistake ; such an expres- sion could not have occurred, according to the witnesses for the defence, or they must have heard it. This was the summary of the evidence for Mr. Hunt.— (Mr. Hunt sug- gested, that when he saw the black flag, he expressed his opinion to those around him, that it was very foolish. 1 he Learned Judge assented, that it was in evidence Mr. Hunt made that remark.)— The Learned Judge then proceeded to notice the ero^s-examination of the wit- nesses for the defence. With respect to the animadversion cist upon the use which Mr. Scarlett! made of Carlile's name in his opening speech; it was in evidence that Carlile was on the hustings the allusion to him was therefore justifi- able, and not, as Mr. Hunt had said, an unwarrantable ca- lumny. It happened as it often did, that the opening speech did contain matter, which, though justifiably introduced, was not subsequently proved in evidence. When the Learned Judge touched upon the evidence given by the Dissenting Ministers, he applauded the observations made by them, that they abstained from any interference in p^rty polities. In their ininisiry " charity thmketh no ill,"' and as teachers of the Gospel, it became them to remain aloof from the angry politics of the day. With respect Jo Moorhouse, it was in evidence from the witnesses called in his defence, that he did not nvmnt the hustings — that he was not in the carriage until after the hissing took place at the Star Inn and the Police- office, and threfore not responsible for those ac*s of con- tempt towares the Magistracy, if they were intended as such, and it ought also to be borne in mind, that one witness 302 had an indistinct recollection that Johnson attempted to stop these expressions of popular displeasure, by a motion of his hand. The evidence of Mr. Tyas was very important to shew the apparently pacific demeanour of Mr. Hunt, for he de- posed to his repeated and continued exhortations to peace, when the cavalry came on the ground, and while they were advancing to the hustings ; that he used the words, " By all means be quiet; don't resist. If they want me, let me goat once." Then as to the panic, it would seem that in so popu- lous a place m Manchester, if that panic at the congregation of such a meeting was any way general, a multitude of wit- nesses could be brought to state the fact, and that it would not be left on the part of the prosecution to depend upon the evi- dence which had been produced. Of this, however, the Jury were alone the competent Judges. Of the general character of Mr. Hunt's life, he must also remind them, they had the testimony of one of his domestics, who proved that his mas- ter was always in the habit of visiting the Clergvman and the 'Squire of his neighbourhood ; that he has seen his company often, and never remembers any man riotous or intoxicated in his house; but, on the contrary, the utmost regularity and sobriety. He added, that he had often heard his mas- ter's doctrines, but never any which had the smallest tendency to encourage the working classes to look for support to any other means than the fruits of their own industry — he had heard him say, that he thought the sober and industrious man, who worked from Monday morning to Saturday night, outfit to be able to earn a livelihood for himself and family. A placard had been put in which was represented as being one of those in pursuance of which the meeting of the 16th of August, was convened ; it represented the meeting to be called " to consider the most lawfal means of procuring a Reform in the Commons House of Parliament." Such a meeting for such a purpose had certainly nothing illegal in its mode of convocation, unless in its accompanying circum- stances it assumed a different character, and did either ac- tually excile terror, or became calculated, by its appearance, to inspire such a sensation in the mind of a rational person. The question, then, in the first place, was, was this meeting, or was !t net, h-gally convened ? Secondly, was it, or was it not, peaceable? It it wt.'e not so, a third question arose as to the person-, who became criminal by their conduct. The meeting may be illegal in the first instance, circumstances may make it so in its subsequent conduct ; but in either case there may be a number attending it whose intentions were pel (Veil* innocent. It was the province of the Jury to at- 303 certain and arrange this distinction, if the evidence bora ihem out in forming it ; and by the evidence ceuld they only ascertain and fix that point. A meeting to recommend a Reform in Parliament was clearly legal, unless from its num- bers and the subsequent misdirecting of them it assumed a different character. If the manner made the meeting illegal, then those only who countenanced that manner, and who went to promote it, incurred the displeasure of the law. With a view to consider that point, they must scan the evi- dence minutely, as it affected each of the defendants. It must be clear that the manner, the numbers, the banners, the apparent military step, had an evident tendency to produce terror, andthen the individuals who had so produced the ter- ro , or who knowing it, attended to add to its effect by the demonstration of their numbers, must be specifically desig- nated just as the evidence, and nothing but the evidence, shall warrant their designation. If this terror be in this particular case excited, its existence or effect must be made out previous to the dispersion of the mob. It was suggested on the part of the Crown, that it was not intended to pro- duce the mischief at the exact time the meeting assembled ; perhaps not on that day, but to have a prospective operation, that the public pulse was only to b« felt on that day, and the full panic only prepared for a future. To judge of the legality of the motives which actuated the principal persona- ges on that day, was the arduous task entiusted to the jury, and thev were to form their opinion upon the impressions which the evidence produced upon their minds. With res- pect to the numbers composing the meeting, they were so great as to warrant any body in rationally concluding, that deliberation was not their ohject — that we, that he meant to pursue the sain-' course at Manchester which he had just before pur- sued in Smithfield. If they thought that were his object, and that then the Smithfield resolutions were to be repeated at Manche-ter, then, quo ad, Mr. Hunt's attendance at the meeting was illegal ; but this did not implicate the o:her de- fendants, unless they were knowingly and wilfully assisting and co operating for the same purpose. The learned Judge said he would next ca 1 the attention of the Jury to the in- scriptions upon the flags, and again remind them, that such Hi were illegal could only affect those who carried them or who followed them, assenting to their meaning and charac- ter ; to such onlv could the flags apply. They would see from a perusal of the inscriptions whether any end and which of them bore any similitude to the Resolutions of the Smith- field meeting already adverted to. One of them (tiie Stock- port) bote the inscription, " Annual Parliaments, Universal Suffrage, Voting by ISallot " It' these inscriptions were merely to express an opinion in favour of such doctrines, and merely an opinion without meaning to act upon it illegally, ihen they were nor guilty of a criminal intention, The same observation applied to the inscription " No Corn Laws." Many opii.i »ns prevailed respecting these laws, and there was no illegally in expressing them, provided the intention was not to intimidate or overawe the Legislature, " No Uoroughmongers." — That phrase U.<| certainly a reference to one ot the Smithfield Resolutions. " Unite aw omanry came up to the hustings J We have since made every effort to obtain them, but without effect, and have served an order on the prosecutor to produce them, an order vh'rh vour Lordship sees has been disregarded. Mr. Justice 1>avi,ev then resumed his charge. — He said 30(i that with reference to Johnson, it appeared he had gone from Bullock Smithy to Manchester, with Mr. Hunt ; he had appeared with him on the hustings, whether according to a previous concert, and for an illegal object, the Jury, according to their construction of the evidence, must decide. As to the case of Mo^rhouse, there was evidence of still less participation. Pie was not on the hustings, if the evidence adduced on his behalf weie to be credited. Wherever there appeared doubt of criminality of intention, should they de- cide upon fixing on any of the parties the guilt of any of the counts in the indictment, the safer course for the Jury to pur aue would be to record a verdict of acquittal. Swift was on the hustings, but there was no proof of his being criminally engaged there, and for an illegal purpose, if his witnesses' statements were correct. Asaiust Healey there was the black flag, if they inferred any criminality from that emblem. The inscription it bore was as follows: — " No Borough- mongers ; Unite and be Free ; Equal Representation or Death; Saddlevvorth, Lees, and Moseley Union; No Corn Laws ; Taxation without Representation is Unjust and Ty- rannical." If these devices were, he repeated, calculated, from their nature, to excite in the minds of the people hatred and contempt of the Authorities of the State, then they were certainly illegal, and the parties bearing them and concur- ring in them, amenable to ihe law for their conduct. With respect to Bawford, who carried the Mddleton flag, nothing could be more decent than his conduct throughout the whole of the day. If the account given by the witnesses he adduced he a correct description of it, he was every where described as recommending peace and order. Then came the flags with Ihe mottoes " Unity and Strength," " Liberty or Death." Now Uic>e were, like the others, innocent or culpable, according to the meaning affixed to them by those who brought and concurred in bringing them into the field. If that unity and strength would overawe the laws, was the meaning attached, then it was an illegal emblem. Another party was led up by W\lde, but what their banners were did not appear in evidence. Jones merely put up the hustings, and whatever else he had done appeared, according to the evidence, as of little importance ; i.e recommended what every body would wish to see adopted, namely, union and harmony. The Learned Judge was then once more about to revert to the Smithfield Resolutions, when Mr. Hunt begged leave, with great deference, to submit to his Lordship, whether a Chairman who merely received »uch Resolutions at the moment of the meeting, and po»sib'y 307 without his concurrence in their formation, ought to be bel* so strictly responsible for their contents? Mr. Justice Bayley— The law imposes upon a man so acting, the responsibility to which I allude. I have in mv charge, Mr. Hunt, done fairly by you, in putting to the Jury those circumstances which may bear in your favour, as well as those which may have a contrary operation. I have done so I hope impartially, 1 know conscienciously ; and 1 so- lemnly declare, that if this were to be the last moment of my life, I should charge as 1 have now charged. The learn- ed Judge then proceeded to refer to the evidence, and to en- force upon the minds of the Jury, that the main question they had to try was, whether the meeting was, or was not, arcord- ing to its manner, calculated to produce terror, either in the manner in which it was formed, or in the circumstances that ensued before its dispersion. If they thought it was so constituted or conducted, then the parties, with that view attending it, were criminal, and the Jury would specially re- cord the species of criminality they attributed to them, The Learned Judge concluded thus: — " \ ou, 1 have no doubt, have considered throughout this arduous trial, and with patient attention weighed the evidence on both sides. Be- tween the defendants and the public, 1 know you will im- partially and justly judge, laying aside, as 1 implore you to do, all considerations of party or prejudice which may pre- vail elsewhere, and give your verdict, as you upon your so- lemn oaths are bound to do, upon the evidence alone. 1 have only one observation more, and 1 peremptorily require attention to it out of respect to the Court, and out of deference to the laws, when your verdict is given, be it one of Guilty or Not Guilty, 1 require that no symptom of approbation or disapprobation shall be uttered within these walls; any such demonstration of feeling is a high con- tempt of this Court, and calculated to subvert the principles on which Juries should always act. If a Judge or Jury should ever act on the popular effect which any particular decision may create, or travel out of the evidence before them to form their opinion, their conduct would not only be highly erroneous, but most criminal. Find no defendant guilty, Gentlemen, whose guilt is not in your minds clearly established by the evidence — fiud no defendant innocent, if you think the evidence establishes his guilt. ; — wherever a doubt arises, the defendant ought to have the benefit of it." At a quarter past twelve o'clock the Learned Judge closed his Charge, and the Jury retired. Shortly before five o'clock the J-;rv returned into tlic bos. Qq 308 The Foreman held a paper in his hand, and said the Jury had agreed upon their verdict, which he read as follows ; — ".Moorhouse, Jones, Wylde,Swift,Saxton — Not Guilty. " Henry Hunt, Joseph Johnson, John Knight, Joseph Hcaly, and Samuel Bamford, Guilty of assembling with unlawful banners an unlawful assembly, for the purpose of moving and inciting the liege subjects of our Sovereign Lord the King to contempt and hatred of the Government and Constitution of the realm, as by law established, and attend- ing at the same." Mr. Justice Bayley — Do you mean that they themselves intended to incite ? The Foreman— Yes. Mr. Littledale — This verdict must be taken on the fourth count. Mr. Justice Bayley. — Let the verdict be so recorded. You find, Gentlemen, on such counts as the words of your verdict are applicable to. You do not mean to find that they created terror, or incited it in the minds of the liege subjects of the King. The Foreman. — We meant, my Lord, to find on the first count, omitting a few words. The Learned Judge then requested they would retire and look over the counts of the indictment again, and say to which count they meant to apply their verdict. The Jury withdrew for a few minutes, and returned with a verdict of Guilty generally on the fourth count, and Not Guilty upon the remaining counts. Mr. Justice Bayley — I take it for granted the defendants are still under recognizance. Mr. Hunt. — We are, m\ Lord. Mr. Justice Bayley.— Then let them now additionally, in Court, enter into their own recognizances to keep the peace and good behaviour for Six Months, Mr. Hunt in the sum of 2.0001., Mr Johnson of 1,0001, Bamford and Healy 5001. each. The parties immediately entered into their several recogni- zances. Mr. Hunt.— What is meant by good behaviour, My Lord? —it is a very indefinite term. Mr. Justice Bayley.-The law defines it, Sir. Mr. Hunt.— 1 always, my Lord, wish to shew good beha- viour to the law. Mr. Justice Bayley— Then vou have only to continue to shew to it the good behaviour vou observed in Court during hi«t trial. * 309 Mr. Hunt— I hope I shall always do so, my Lord ; in any thing that fell from me, it was far from my intention to give any offence to the Court. Mr. Justice Bayley — You gave me no offence, Mr. Hunt. Mr. Huut — I never shall, I hope, my Lord. I have to thank your Lordship much for your patience during this long trial. Mr. Justice Bayley — You owe me no thanks for doing that which was my duty, nor in what I say to you do I do more than state a fact, 1 do not mean a civil expression. Mr. Hunt- If 1 move the Court of Kings Bench for a new trial, I suppose, my Lou!, the defendants who are ac- quitted need not attend, though the indictment charges a conspiracy. Mr. Justice Bayley — I can't advise; hut there was a case in Surrey ; I forget the name ; I'll recollect it directly. His Lordship then turned r-ound to the Jury, and said, they had his best thanks for the patient attention they had bestowed upon this arduous trial. He was very much obliged to them. — Then facing the body of the Court, his Lordship added, " I very much approve of the conduct of the Court at the time the verdict was given in ;" alluding, we presume, to the universal silence which prevailed at the time. It was near six o'clock before the Court broke up. Mr. Hunt was cheered as he went home to his lodgings. He maintained, to the last, his wonted composure, and there was a calmness and respectful decorum in his manner at the close of the trial which excited much sympathy for his situa- tion. THE END Printed by W Molineux, 5, Bream's Buildings, Chancery Lane. THE PARLIAMENTARY REGISTER FOR THE Sate gtt&ton, Price Eight Shillings boards, Is now particularly recommended to public attention, at it contains all the arguments for and against the New Coercive Measures ; the Papers relative to the inter- nal state of the Country ; and will fully expose the (now proved to be) false information, by means of which those dreadful inroads on the ancient institutions of the country were carried into effect. N 0, I. — Price Sixpence, or THE NEW PARLIAMENT, Will be published as soon as the houses meet, containing an AUTHENTIC LIST of the NEW HOUSE of COM- MONS, a LIST of the PEERS, His Majesty's Ministers, &c. The Debates concerning Her Majesty Queen Caroline, the Civil List, the Revenue, the Manchester business, and vari. ous other important Subjects, will be highly interesting. The work will be published in sixpenny numbers, and follow up the proceedings of Parliament more prompt!'-' than before. On Tuesday next, April 4lh will be published, pricr 6d. a full report of the proceedings of a PUBLIC MEETING to be held at the Crown and Anchor Tavern in the Strand, on Monday, April 3rd, to take into consideration the pro- priety of presenting some token of NATIONAL GRATI- TUDE to HENRY HUNT, Esq. for his manly struggle in defence of the RIGHTS and LIBERTIES of the people of England, during his late important TRIAL at YORK. To be Publithcd by THOMAS DOLBY, 'XJKi v i^vJiTY of CALIF v>:.:aA AT UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. LP-:'!. tJECi %i v Form L9-Series 4939 UC SOUTHERN REGIONAL LIBRARY FACILITY A A 000 133 068