STATE TRIALS, &c. &c. 681. The whole Proceedings in the Case of JOSEPH HANSON, Esq. on an Indictment for a Misdemeanor, in aiding and abetting the Weavers of Manchester in a Conspiracy to raise their Wages; tried before the Hon. Sir Simon Le Blanc, Knight, one of the Judges of his Majesty's Court of King's Bench, and a Special Jury, at Lancaster Spring Assizes: 49 GEORGE III. A. D. 1809. LANCASTER Spring Assizes, 1809. REX v. HANSON, Esq. Counsel for the Crown. Mr. Serjeant Cockell, Attorney-general for the Mr. Park [afterwards a judge of the Common Mr. Topping; Mr. Holroyd [afterwards a judge of the King's Lancashire? THE jurors for our lord the bench]; Mr. Yates, Mr. Cross, Mr. Richardson. Mr. Scarlett, Attornies. (SS.) king upon their oath, present, That before and at the time of committing the offences hereinafter-mentioned, to wit, on the twenty-fifth day of May, in the forty-eighth year of the reign of our sovereign lord George the third, by the grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, at Manchester, in the County Palatine of Lancaster, divers evil-disposed persons, to the number of one thousand and more, whose names to the jurors aforesaid are yet unknown, being workmen and Messrs. Duckworth, Chippendall, and Denison. journeymen in the art, mystery, and manual SPECIAL JURYMEN. occupation of weavers; and not being content to labour in that art, mystery, and William Fitzherbert Brockholes, of Claughton, manual occupation at the several rates and Esq. Edmund Leigh, of Chorley, Esq. TALESMEN. John Jackson, of Middleton. John Adams, of Kirkdale. VOL. XXXI. prices at which they and other such workmen and journeymen had been wont and accustomed to work, but unlawfully devising and intending unjustly and oppressively to augment and increase the wages of themselves and other workmen and journeymen in the said art, mystery, and manual occupation; and unlawfully and unjustly to exact and ex B 3] tort great sums of money for their labour and and gathered together, to persevere and per- 2nd. Count-That the defendant so being. such person as aforesaid, and well knowing all and singular the premises and unlawful proceedings aforesaid, but further unlawfully and maliciously devising and intending as afore said heretofore, and whilst the said unlawful combination and conspiracy existed, and was prosecuted and carried on, to wit, on the 25th day of May, in the forty-eighth year of the reign aforesaid, with force and arms, at Man chester, in the county palatine of Lancaster, did go to and amongst the said evil-disposed persons so assembled and gathered together as aforesaid, and did then and there unlawfully and maliciously say, speak, utter, and publish, to and in the hearing of divers of the said evil-disposed persons so assembled and gathered together as aforesaid, the malicious and inflammatory words following, that is to say, your cause (meaning the said unlawful intentions of the said evil-disposed persons) is good, and I (meaning himself, the said Joseph Hanson) will support you, as far as three thousand pounds; stick to your cause (mean ing to the prosecution of the said unlawful intentions of the said evil-disposed persons) I will support you (meaning the said evil-disposed persons) as far as three thousand pounds will go, and, if that will not do, I (meaning himself, the said Joseph Hanson) will go further. Stick to your cause (meaning the said unlawful intentions of the said evil-disposed persons) and you will certainly succeed. Gentlemen (meaning the said evildisposed persons so assembled and gathered together) stick together, and you shall gain your ends. Gentlemen (meaning the said evil-disposed persons so assembled and gathered together) you cannot live by your labour; I would advise you to be steady, and stick to your purpose (meaning the prosecution of the said unlawful intentions) and, no doubt, you will gain your ends." To the great encouragement of the said evil-disposed persons; to the great injury and oppression of the masters employing workmen and journeymen in the said art, mystery and manual occupation; to the great danger of the breach and disturbance of the peace of our said lord the king, in contempt of our said lord the king and his laws; to the evil example of all others, and against the peace of our said lord the king, his crown and dignity. Mr. Serjeant Cockell.-May it please your Lordship, Gentlemen of the Jury; I am also of counsel against the defendant in this prosecution, which is certainly of a very grave and serious nature. I shall rejoice if the defendant can deliver himself from this heavy charge by proving his innocence before you this day; but if the evidence which I am about to adduce shall be as forcible as I conceive it will be, I do not know how you can discharge your duty but by convicting him; and if this should be the case, Mr. Hanson has only himself to thank for his misfortune. Gentlemen, in prosecuting this cause, I shall not endeavour to inflame your passions, or to excite your indignation against the defendant. All expressions of this sort shall be avoided; and if you have out of Court heard any thing of the transaction, which is the subject of the present indictment, I beseech you to dismiss from your minds every impression which such a circumstance may have occasioned, for every British subject is supposed to be innocent until his guilt is established by evidence. In conducting this prosecution, I shall endeavour to do my duty to the public, and at the same time to behave with the utmost moderation towards the defendant. I have no malice to gratify, nor do I entertain any personal enmity against Mr. Hanson; and I do not wish for his conviction unless the charge shall be satisfactorily proved to your own minds. Do you, on the other hand, your duty, whatsoever consequences may ensue. I will proceed to state what was the conduct of the defendant on the 25th of May last. Mr. Hanson, I understand, is a man of fortune. I believe he has been in trade, but he certainly was not in trade or business at the time this offence is alleged to have been committed. I believe he possesses an ample fortune by inheritance. I mention this only for the purpose of stating that Mr. Hanson having himselfbeen, or his father having been in trade, he must know what consequences would ensue from inflaming a discontented body of men, who, though they had always received from their employers a just recompence for their labour, were striving by force to augment their wages. On the 24th of May, the weavers of Manchester, and its neighbourhood, had certainly considerable difficulties to struggle with. The depression of trade bore hard upon them, and upon all; and every one must have been subjected to a certain portion of the common pressure of the times. I believe these weavers were much to be pitied. Their distresses were very great; the high price of provisions might make it difficult for them to procure a livelihood; but, the greater their grievances were in reality, the less ought Mr. Hanson to have concerned himself with these misguided people, especially at a time when they were assembled to the number of thousands, and meditating most destructive measures unless their wishes were complied with. On the 24th of May, a very large body of weavers assembled in St. George's Fields, I think at eleven in the morning. They were very resolute. They said they had assembled there for the purpose of raising their wages, and were determined that their employers should comply with their demands—and they would not leave that spot until their demands were satisfied. Gentlemen, some of the police' (who are very diligent and the public are deeply indebted to those who took upon them to act in the magistracy, and other departments of justice on this occasion) having received intelligence of this meeting, arrived. The boroughreeve came upon the spot, and, like a very honest and conscientious man, he told them that if they had grievances, they ought to be redressed; "but," added he, "this is not the way in which you ought to act. You will bring upon yourselves and families great calamities; you are an unlawful mob, you are come here to disturb the peace and alarm the neighbourhood, and I beg you will disperse." No-they would not disperse they would not return-they thought they had better remain there and be shot, than go home and see their families in want. would not be satisfied with it, became more tumultuous. There was no time then to deliberate. The military were sent for. Mr. Nadin and several officers had been there during the whole time of this assembly, but they could do nothing. And now I call your attention to the conduct of this defendant, than which I cannot, if I prove the case, imagine any thing more wicked. The boroughreeve finding his arguments vain, About half-past three, or thereabout, Mr. went to the magistrates and told them the situa- Hanson came upon the ground. Mr. Hanson tion in which they were. The military were had at this time neither a civil nor a military at last called in, in order that the mob might uniform. He was not a magistrate or a peacebe dispersed. The magistrates then said, they officer, nor had he the command of a military would do what they could for them-they company, therefore he had no business there, would undertake to advocate their cause as far unless to suppress a riot-to endeavour to as it was proper to do so. With these assur- assist the peace-officers in sending these unances they dispersed, I think about four in happy men to their homes. If he had come the afternoon; and it was hoped tranquillity with this purpose, it would have been well; would have been restored. Not so: on the and here I must make this observation, that morrow, about the same hour, a terrible num- soon after he came on the ground he boasted ber-to what amount you will hear from the of his influence over the mob-that it was in witnesses-many thousands of the weavers as- his power to make them disperse and go quietly sembled; and many of you know what the home. If he had that power, why did he not town of Manchester is composed of, what a use it? If he was a good subject of the country, number of persons of other descriptions there why did he not go to the magistracy-why not are to mingle with those who meet for these join the police, and by the power he had over purposes. The town was alarmed. Mr. these people, occasion them to disperse ? See Nadin, the deputy-constable of Manchester, what he did! He came to the ground on went round-told them the consequences of horseback, in order that he might have the. their conduct-was laughed at, and treated command and a view of the people. Thus with contempt. The boroughreeve appear- mounted, he rode up to an officer, lieutenant ed-argued with them-did every thing Trafford, who had been detached to see what he could-exhorted them to return quietly was going forward, and if possible to disperse home. He was told-"this is not language the multitude; well, he comes up to that ofto hold out to us to-day. Did you not say ficer-and that I may not do Mr. Hanson inyesterday our grievances should be redressed?" justice or misrepresent what passed between -and they showed a very strong disposition him and lieutenant Trafford, I will read what to become more riotous. He was then told is given to me as his testimony-lieutenant that they had appointed delegates; " which Trafford of the 4th dragoon guards, saith delegates," said they, "are now at the magis- that, "as part of his regiment was proceeding trates'. Go you to them, see what can be to St. George's Fields, he was detached in done, and we will stop here." Accordingly order to undertake the command of the same, the boroughreeve went to the magistrates, and and to ascertain the condition of the rioters." reported what he had heard from the mob; No gentleman could have acted with more their representations proved fruitless, and I prudence than did lieutenant Trafford on this think the note I am going to read to you did occasion, and I think that when I have read great honour to the head and heart of Mr. the whole of his account of this transaction, Farrington, a very active magistrate in the you will say the same. He says, "that on comtown of Manchester. He wrote this answer:-ing on the ground, he had not been above a few "It is the opinion of the magistrates that, minutes before Mr. Hanson came up to him, under the existing circumstances, they can- and asked him if he would allow him to address not treat with men deputed from a large body the populace, and he added, he had much of men assembled in a tumultuous and unlaw-influence over them, and that whatever he ful manner. If they disperse, and go peaceably and quietly home, they will take their situation into consideration, and they are ready to attend to any representation which may be made in a proper and peaceable manner." There is no man living who on such an emergency could possibly have acted with more dignity as a magistrate. This paper was then put into the hands of the boroughreeve; he handed it over to the delegates, and it was read to the people. Instead, gentlemen, of showing any disposition to act under the advice of these magistrates, they, having said they desired them to do, it would be done immediately. When I then found he was the commander of this vast meeting-that he was the very principle on which it acted, I told him I could not allow him to address the people, and he then most insidiously answered, he hoped they would go quietly home." Gentlemen, this adds to his guilt. Mr. Trafford replied, he could not allow him to harangue the people, that it would exasperate them the more. Mr. Hanson begged that he would not use any harsh means towards them; he said he should not hurt them.-If Mr. |