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1820.] Mr. Canning's Speech. -Mr. Hunt's Trial. 357 legitimate power of the other House of and hopeless task to raise such a spirit Parliament, as it does in upholding that and then to govern it! They may stimusupreme power (for such is the power of late the steeds into fury, till the chariot the purse) which resides in the democrati. is hurried to the brink of a precipice ; but cal branch of the Constitution. Wbalever do they flatter themselves that they can beyond its just proportion was gained by then leap in, and, hurling the incompetent one part, would be gained at the expense driver from his seat, check the reins just of the whole; and the balance is now, in time to turn from the precipice and perhaps, as nearly poized as human wis avoid the fall ? I fear they would attempt dom can adjust it. I fear to touch that it in vain. The impulse once given, may balance, the disturbance of which might be too impetuous to be controlled, and, bring confusion on the Nation.

intending only to chavge the guidance of " I remember that most excellent and the machine, they may hurry it and themable man, Mr. Wilberforce, once saying selves to irretrievable destruction. in the House of Commons, that he never “ May every man who has a stake in believed an Opposition really to wish mis the country, whether from situation, from chief to the country; that they only wish- character, from wealth, from his family, eu just so much mischief as might drive and from the hopes of his children,-may their opponents out, and place themselves every man who has a sense of the blessings in their room. Now, Gentlemen, I can for which he is indebted to the form of not help thinking that there are some per Government under which he lives, . see sons tampering with the question of Re that the time is come, at which his deciform something in the same spirit. They sion must be taken, and, when once taken, cio not go so far as the Reformers ; they stedfastly acted upon-for or against the even state irreconcilable differences; but institutions of the British Monarchy. The to a certain extent they agree and even time is come at which there is but this co-operate with them. They co-operate line of demarcativo. On which side of with them in inflaming the public feeling that live we, Gentlemen, shall range ournot only against the Government, but selves, our choice has long ago been made. against the support given by Parliament In acting upon that our common choice, to that Government, in the hope, no doubt, with my best efforts and exertions, I shall of attracting to themselves the popularity at once faithfully represent your sentiwhich is lost to their opponents, and thus ments, and satisfy my own judgment and being enabled to correct and retrieve the conscience." errors of a displaced Administration. Vain

son,

TRIAL OF HENRY HUNT AND OTHERS AT YORK. The Trial of Mr. Hunt and nine others, Murray and Shawecross were so outracharged with a Conspiracy to alter the geously assaulted. Hunt took an objeclegal frame of the Government and Con. tion to this evidence, and Mr. Justice Bai. istitution of the Realms, and with Meet- ley doubted whether it could be received ; ing tumultuously at Manchester, on the but Mr. Scarlett proceeded to shew that 16th August last, with 60,000 persons, some of the persons who were in training, many armed with sticks, &c. commenced and who assaulted Murray, attended the at the York Assizes on Thursday, March meeting on the 16th; the evidence was 23, before Mr. Justice Bayley.--Mr. Scar then allowed to be given.-This importlett conducted the prosecution.--Mr. Hunt ant investigation continued Friday and Sa. conducted his own defence. The persons turday. Their evidence was designed prosecuted were Henry Hunt, Joseph John- chiefly to prove that the Manchester

Joho Knight, James Morehouse, Jo. meeting excited terror, alarm, and danger seph Healey, John Thacker Saxton, Ro. in the town, and therefore was illegal: bert Jones, Samuel Bamford, George Swift, while Hunt, who cross-examined witnesses and Robert Wilde. The number of wit in his bold, fearless inanner, endeavoured nesses put down for the prosecution ex to substantiate that the meeting was perceeded 80; for the defence 105. The de- fectly legal, that the people committed no fendants' witnesses, in two bodies, march breach of the peace, and that when ated from Rochdale by way of Huddersfield tacked they offered no resistance. The and Halifax. They joined at Leeds, where Judge objected to have evidence gone they slept. They carried two banners, into as to the conduct of the Yeomanry, inscribed “The Truth, the whole Truth, because they were not trying their conand nothing but the Truth."

duct. The Examination, as far as it went the Mr. Scarlett entered into a luminous first day, related to facts antecedent to detail of the circumstances connected with the 16th of August, particularly to the the Manchester proceedings; and Mr. Hunt drilling at White Moss, on the 15th, where defended himself in an energetic speech

of

358 Trial of Henry Hunt and others at York. [April, of considerable length; but as Mr. Jus. which would produce terror in the minds tice Bayley's admirable and impartial of his Majesty's subjects, although 59,000 charge to the Jury contains the substance persons out of a meeting of 60,000 were of the whole evidence, we shall content completely innocent, yet there might be ourselves with presenting a copious ab twelve or twenty illegally met there, and stract from the same.

those twelve or twenty would be liable to Mr. Justice Bayley, in summing up, be tried on the ground of having illegally said, it was his duty to lay down the law, assembled. The case, as it was stated by and to make such remarks on the evidence Mr. Serjeant Hawkins, seemed to contemas might assist'them in forming their judg. plate the event of immediate danger re. ment. They were to put entirely out of sulting from the meeting. He, however, view, on the present occasion, the conduct was not prepared in his own mind to say of the magistrates and military, whether' that the appearance of immediate danger right or wrong, and to confine themselves

was necessary to constitute this offence. to the consideration of the character and If the Jory conceived that, from the peaceconduct of the meeting, and those of the able demeanour of the people at the time, defendants as connected therewith. The and the association of the women and indictment against the defendants con children on the ground, the meeting was tained a charge of conspiracy, a charge not sufficient to produce a feeling of imof unlawful assembly, and a charge of mediate danger, though it might of future riot. The last-mentioned charge might danger, he would recommend it to the Jury be, in this case, put entirely out of con to find a special verdict. With respect to sideration. There were different counts; the subject of conspiracy, it was necessary one charging the defendants with conspir to observe that the defendants were not ing to meet, and causing others to meet, liable to be found guilty, although they for the purpose of disturbing the public were seeking the same end, if the Jury peace; another charged them with hav. were not of opinion that they were acting ing met together for the purpose of rais. in pursuance of one common design, with ing and exciting discontent and disaffec the privity of all. It might be, that, in a tion in the minds of the subjects of our case of this kind, twelve or twenty persons Lord the King, and also to incite them to might go to a meeting, each of them incontempt and hatred of the Government tending to sow sedition ; yet, if such perand Constitution, as by law established. son intended to sow that sedition, from Another count set forth, “ That the de the mere motive and impulse of his own fendants met and assembled, together with mind, and not in common with the other divers others, to a very great number, parties, they could not be found guilty of in a threatening and menacing manner, conspiracy. On the other hand, to prove with sticks and other offensive weapons, conspiracy, there was no necessity to show and with divers seditious ensigns and the absolute meeting together of the parflags, on which there were various infiam. ties accused. If the circumstances were matory inscriptions and devices, to the such as to induce the Jury to believe that great terror of the peaceable subjects of they could not have occurred without the our Lord the King." It would be for previous concert and combination of the the Jury to consider whether the conduct parties accused, it was sufficient. But if of the defendants fell under any, and which the Jury were of opinion that they might of these charges. It had been laid doan have met together by accident, without by Serjeant llawkins, that bodies of armed previous arrangement, then the charge of men meeting to consider of grievances, or conspiracy must be dismissed from their numerous bodies meeting, though unarmed, minds. A party expressing an intention under such circumstances as could not to go to this or any other meeting might but endanger the public peace, and raise induce other persons who heard of it fears and jealousies among the King's sub. through him, to attend also, without any prejects, were uplawful assemblies. In ap vious design. They could only implicate, plying this doctrine to the case under coo in the offence of conspiracy, those persons sideration, the Jury were to look to the who the evidence showed either actually purpose for which the people met, the were, or from circumstances must have manner in which they came, and the means been, parties to the formation of the ori. which they were using to effect their pur- ginal plan. Those who joined in a plan, pose. A great number of persons might thougli at a late period of the transaction, meet under such circumstances as were could not be distinguished from those with not calculated to raise terrors, fears, or whom it originated, because they agreed jealousies, in the minds of the people in to all that previously been done, and the neighbourhood. But, in an assembly thus became conspirators. As to the ques. so constituted, and met for a perfectly tion of assembling it might be, that the legal purpose, if any individuals intro avowed object of the meeting was lawful, duced themselves illegally, in order to but it might be attended by twelve per. give to that meeting an undue direction, sons intending or attempting to give an

improper

1820.] Trial of Henry Hunt and others at York.

359 improper direction to the conduct of those presentation," it amonnted to sedition ; who were lawfully met; in that case such but if, as Mr. Hunt explained it, the inpersons would be guilty of unlawfully as. scription merely meant, that if the people sembling, though there should have been did not procure “ Equal Representation," no conspiracy. With respect to bauners they would be starved to death, it would bearing inscriptions, their illegality did not come within the character of sedition. not extend to every man present at the Again, the inscription of “No Corn Laws's meeting, but only to those particular per left the Jury to consider whether the meansons who adopted those banners, and the ing of it was that the corn laws were so sentiments inscribed on them; or who, oppressive, that every means, legal or ilwith a full knowledge of their existence, legal, were to be taken, in order to get rid gave perfect confidence and co-operation of them; or whether it was a mere exto the meeting. So also in case of drillo pression of disapprobation. In the foring. It could only affect those who knew mer case it would certainly be sedition, that drilling was practised for illegal pur in the latter it would not.

As to the cap poses. To show whether terror was or of liberty, it was one of the insignia of the was not produced, he would state the tes crown; and when the King weut to Partimony on both sides in this case. They liament, an officer of state always bore it would find in the evidence on the part of before him. It did not, therefore, of nethe prosecution a great deal which im- cessity, meau any thing seditious. With ported that no apprehension of immediate respect to any stoppage of business ocdanger existed ; and the circumstance of casioned by the meeting, it was positively women and children being present would sworn, by a great mass of evidence for be worthy of their consideration in that the defendants, that it was not at all inrespect. It was admitted that an attempt terrupted. The phrase sworn to by one was made to keep peace at the meeting. of the witnesses, as having been used by But this might have been done in order 10 a person going to the meeting, Damely, forward future objects. It might have that they would " make a Moscow of Manbeen hoped, that, by this means, the pre- chester," seemed to be inconsistent with pared seed would be sown, while those the general intention expressed by the rewho pursued this course would wait till formers on that day. There was every the time of harvest to reap the benefit reason to believe that Mr. Entwistle was of it. The Learued Judge then proceeded mistaken in the expression of Hunt about to recapitulate the voluminous evidence their enemies, as applied to the soldiers. adduced in the ccurse of this interesting With regard to the shout set up when the trial, briefly cominenting on it as he went military appeared, it might be the shout on. He observed, that a meeting of 60,000 of consciousness of innocence, and a de. persons, if they all came to a certain point, termination to remain on that conscious. with a common knowledge of what was to ness, or it might be the shout of intimidabe done, might create terror.

With re

tion. Its nature was to be determined by spect to the banners, he again observed, the circumstances in which it was uttered. that those only who showed that they were There was no other witness that spoke to favourable to any motto inscribed on them, threatening expressions but Mr. Francis by carrying, or immediately marching un Phillips. The multitude round the hustder them, could be considered as liable to ings appeared to this witness disciplined any penalty which the illegal nature of troops, ready to protect tunt in case of any of their inscriptions might warrant. any molestation. If he had a false imIt was given, he observed, in evidence, pression in this case he might in another, that Moorhouse was a religious man, and and there seemed to be no evidence that constantly read the Bible to his family- the multitude were ready to fight, as the a fact stated to induce the inference that majority of them had no arms, most of he would not be guilty of an illegal or im them being even without sticks. With re. moral act. It was also stated that Mrs. gard to Mr. Hultoa, the magistrate, it was Moorhouse, though in the family-way, to be considered that he was not in that went through the crowd ; and it was not situation which enabled him to observe so likely, if darger had been apprehended, accurately what passed as many of those that her husband would have permitted whose evidence negatived the throwing of her to attend. With respect to persons sticks, stones, and brick-bats. Situated walking in the military step, to which as Mr. H. was, and having heard of drillseveral witnesses had sworn, it could not ings, &c. he might be agitated and not affect the persons charged, unless they cool during the time he was coosidering were proved to have been cognizant of that he might become highly criminal if the fact. With respect to the inscription, he suffered such proceedings to go to such “Equal Representation or Death," if it length as to endanger the peace of the meant that those who adhered to such a town. The depositions submitted to Mr. standard would lose their lives unless they H. had there been a million of them, could procured what they deşined “ Equal Re. be of no avail, for the Jury were bound

alone

360 Trial of Henry Hunt and others at York. [April, alone to attend to viva voce evidence, given meeting at which they assembled, after in open Court. Nadin's statement to Mr. such training, would be illegal also, as to Hulton might justify the latter in issuing those privy to such purpose, though it the warrant, but Nadin had not been pro might have been attended by thousands duced to prove the circumstances under of innocent persons. The Learned Judge which he acted ; neither had any of the then took a brief view of the evidence on magistrates been brought forward in cor both sides, as it affected the defendants roboration of Mr. Hulton's evidence; and individually. sitting there, as he (the Judge) was to ad He would now leave the case to them, minister equal justice to all, it was his with this one observation--not to give a duty to tell them, if the omission were calverdict of guilty, unless they were fully culated to raise a doubt in the minds of satisfied of the sufficiency of proof-nor the Jury, the defendants were most cer a verdict of acquittal, while such proof tainly entitled to the benefit of that existed in their minds. If they had any doubt.

doubt, they would give all the defendants His Lordship then went on to recapitu- the benefit of it. late the leading points of the defence, as It was very near twelve o'clock when it bore on the defendants generally. As bis Lordship concluded ; and, in a few to Saxton, the Crown has very properly minutes after the Jury retired, and, after given up the case against him. The cha consulting together for five hours, returned racter of the meeting was decidedly peace into Court at five o'clock. The Foreman able, and no proof had been adduced that held a paper in his hand, and said the Jury terror was excited in the town of Manches. had agreed upon their verdict, which be ter; but it had been suggested that future read as follows :and not immediate disturbances were in “Moorhouse, Jones, Wild, Swift, Saxcontemplation; this was for the consider ton - Not Guilty. — Henry Hunt, Joseph ation of the Jury. He then repeated his Johnson, John Knight, Joseph Healy, and observations as to what would constitute Samuel Bamford - Guilty of assembling the meeting, or any part of it, illegal or with unlawful banners an unlawful assemotherwise. The meeting, it was said, had bly, for the purpose of moving and incit. been called by 700 housekeepers, but of ing the liege subjects of our Sovereiga this no proof had been given. It did not Lord the King into contempt and hatred appear what resolutions Mr. Hunt intend of the Government and Constitution of the ed to propose; if the same as at Smith- realm, as by law established, and attend. field, and that the Jury conceived they ing of the same." were calculated to excite discontent and Mr. Justice Bayley. “ Do you mean disaffection, then quoad Mr. Hunt, the that they themselves intended to incite?" meeting would be illegal; and if he com - The Foreman. “ Yes." - Mr. Littlemunicated such intentions to any others, dale. " This verdict must be taken on and that they approved of them, then the fourth count.". Mr. Justice Bayley. there would be a conspiracy; and if any “ Let the verdict be so recorded. You three of them went to the meeting with find, gentlemen, ou such counts as the such intent, the meeting would, as far as words of your verdict are applicable to. they were concerned, be illegal. fle then You do not mean to find that they created staied the mottos on the different banners, terror, or incited it in the minds of the with the interpretation put on them by liege subjects of our King.”—The Forethe defendants and the prosecution. If “We meant, my Lord, to find on any of those banners were meant to con the first count, omitting a few words.”— vey to the eye what in such a meeting no The Learned Judge then requested they voice could convey to the ear--if they would retire and look over the counts of meant that the people should be disaffect the indictments again, and say to which ed or discontented till they had obtained count they meant to apply their verdict. those objects—then the parties who bore The Jury withdrew for a few minutes, the flags, and those who marched with and returned with a verdici of.Guilty gethem, would be guilty of an illegal act, nerally on the fourth count, and Not Guilty and the meeting, as far as they were con upon the remaining counts.- Mr. Justice cerned, would be illegal. The training Bayley. “I take it for granted the deand drilling, if intended merely to produce fendants are still under recognizances.”greater order and regularity in those who Mr. Hunt. “We are, my Lord.” — Mr. attended the meeting of the 16th, was per- Justice Bayley, “ Then let them now ad. fectly harmless; but if it was intended, ditionally, in Court, enter into their own by giving this regularity, to give a greater recognizances to keep the peace and good degree of strength to the party, and there. bebaviour for six months, Mr. Hunt in by to overawe the Government, or to gain the sum of 20001. Mr. Johnson of 10001. confulence to any seditious opinions to Knight, Bamford and Healey 5001. each. procure a legal object by motives of fear, The parties immediately entered into then it would have been illegal, and the their several recognizances.

ABSTRACT

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FOREIGN OCCURRENCES.
FRANCE.

neral progress throughout the vation, and Lelters froni Angouleme contain the the intelligence was assuming every in. following account of a horrible outrage stant a character more alarming. The committed near Confolers:-A young troops under the command of Joseph couple, who were on the point of being O'Donnel had passed over to Riego. married, went together to invite their re Those before the Isle of Leon had joined lations to the nuptials. The girl was Quiroga; while the Count L'Abisbal, who mounted upon her lover's horse, followed had secretly left the capital for Ocanua, by him on foot. On their arrival at a abandoned the Royal cause, and pro. village where the young man wanted to claimed the Constitution, which was sworn see some person, he left bis destined bride to by him and his troops, and also by : to wait his return in the road. Imme. regiment of cavalry quartered at the lat. diately after three ruffians arrived, who, ter place. The news of these events was after grossly insulting the young girl, ob- accompanied by information, not less liged her to alight from the horse, strip- conclusive, from Gallicia, Leon, Old Cas. ped her naked, committed outrages on her tile, and Murcia. It was known, also, person which decency will not permit us that the fine regiment of Malaga, with its to relate, and threatened to murder her; Colonel, Picquero, bad taken the oaib tu they then killed the horse, cut open his the Constitution in Ciudad Rodrigo, and belly, took out the entrails, and in their was marching upon Astorga. These implace put the unfortunate young woman, portant events burst upon Ferdinand like sewed up the animal's skin, and made off. a clap of thunder.-Ballasteros was sent Some children who were passing by after for from Valadolid, whither he had been wards heard cries issuing from the bowels banished, and vested with the command of the horse, and immediately ran in great of the army of the centre. On receiving fright to tell their parents that the devil this charge on the 5th instant, he observed was in a dead horse lying in the road. In to the King, that, under existing circumthe mean time the young man arrived and stances, it would be necessary to convene heard the groans of his expiring mistress. the Cortes, and the powerful reasons he She was dragged out of the horrid situa. gave had great effect on the King's mind. tion where the villains had placed her, As a preliminary step, however, the de. and transported to the nearest barn, where cree, calling on the various branches of every attention was paid to her. The the Administration for their opinions, was police set directly about pursuing the issued; but it was not satisfactory, and horrid monsters who had committed an created general murmurs. The people offence new in the annals of crime, and openly declared they would not be satiswere fortunate enough to arrest them. fied with any thing short of the Constitu. They were recognized by the young wo. tion of 1812. Such was the state of things man vpon confrontation. The aufortu when Abisbal's defection threatened the nate victim could not survive the outrages capital, if the King did not instantly prowhich had been perpetrated upon her, claim the Coustitution. Scarcely was and expired five days afterwards.

this known, when two expresses brought SPAIN.

advices that Arragon had revolted, as well The Revolution in Spain has received as Valadolid, the moment Ballasteros left its consummation by the acceptance, on the latier city. These incidents caused a the part of Ferdinand, of the terms pro. confusion that presaged a Revolution in posed to him by the Constitutionaliste. the Capital, which must have been ex. The following inieresting particulars de. tremely serious; and in order to prevent scribe the circumstances which led to it Ballasteros went to the Palace, and this most important event. From the be. firmly told the King, that between the acginning of March to the 8th, but especi. knowledgment of the Constitution and ally from the 6th to that day, dispatches his dethronement, or perhaps worse, no arrived at Madrid in rapid succession alternative was left. He must now choose from the provinces, which convinced the one extreme or the other, but not a mo. Government of the impossibility of supe

ment was to be lost. Such was the dilemporting any longer the system of arbi ma in which the King stood at the mo. trary power, They were too well ap ment, and thus in fact was he brought to prised that the insurrection which broke his senses. He consented, and Ballaste. out in the Isle of Leon was making a ge Tos instantly went forth to tranquillize the Gent. Mag. April, 1890.

people,

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