"'Dear Sir,--The magistrates here assembled are desirous, with your
permission, to avail themselves of the advantage of your aid and
means in watching and ascertaining the character and proceedings of
the meeting, should one take place, at Holloway-head. Some
magistrates will be in attendance at this office, and quite
prepared to act according to circumstances, and to the nature of
the information you may transmit to them. This is a precautionary
measure which the magistrates feel it incumbent upon them to adopt,
although they venture to anticipate a peaceful issue. They would
not have felt themselves warranted in taking this liberty, but from
the encouragement they have derived from your uniformly courteous,
able, and kind co-operation with them during the existing troubles.
"'I remain, dear Sir, yours faithfully,
"'Captain Moorsom, R.N.'"
"'J. K. BOOTH.
"On receiving the letter at noon. Captain Moorsom arranged with the
Edgbaston ward leader that proper men should be appointed to convey
information to the public-office as to the character of the meeting,
while he himself watched its proceedings; but nothing occurred to cause
any apprehension. By two o'clock about three hundred persons had
assembled at Holloway-head; in an hour or so afterwards the numbers had
diminished, and seemed to Captain Moorsom to be quite insignificant.
"About this time Colonel Chatterton, of the dragoons, called as usual at
the public-office, and was told by the mayor that there was no occasion
to keep the soldiers at the barracks in readiness, since, from all he
heard, the town was quiet. Hence it appeared that the mayor set no value
on the information of Mr. Coburn, who had told him in an earlier part of
the day that from what had been said in his hearing the day before, at a
meeting at Holloway-head, disturbance was to be expected at night.
"At five o'clock the mayor left the public-office to go home to his own
house, about a mile-and-a-half off, the other magistrates having left
before him; and before going away he gave express directions to George
Redfern, the prison-keeper, that if magistrates were wanted he was to
send or go for him or Dr. Booth.
"It further appeared that later in the evening, about seven o'clock, a
great number of persons (probably about one thousand) was assembled at
Holloway-head, and these, instead of dispersing when they left the
ground, proceeded in a body towards the Warwick-road, to meet (as was
supposed) two Chartists who had been bailed out of prison that day, and
were expected to return to Birmingham that night. From some cause or
other, never satisfactorily accounted for, a mob of men and boys came
back from the Warwick-road, and suddenly arrived by hundreds in the
Bull-ring, about half-past eight o'clock; there they violently set fire
to several valuable premises, burned and destroyed a great deal of
furniture and other property, broke many of the windows of the
public-office (a little way off), and having done the work of
destruction uninterruptedly for not less than an hour, at last they gave
way and retired, either seeing the police had turned out against them,
or expecting the speedy arrival of the military.
"It is here to be observed that Captain Moorsom had been watching the
proceedings of the people at Holloway-head (in the evening), till he saw
them go away; then, thinking they might have adjourned to the Bull-ring,
while in fact they had passed it on their left, he went to the
Bull-ring, and finding nothing that to his mind indicated disturbance,
about eight o'clock he proceeded to the public-office to report what he
had witnessed, and ascertain from the magistrates what were their
arrangements for the night; but though he asked for a magistrate he did
not go or send for one; and having told the superintendant of police,
whom he saw there, that everything was quiet, he returned home about a
quarter before nine, after expressing his opinion to the Edgbaston ward
leader that there was no fear of disturbance. George Redfern, the
prison-keeper, staid at the public-office till some time after eight,
when a constable came in and asked for the magistrates, adding that the
town was in an excited state. On hearing this he lost not a moment, but
set off to Dr. Booth's, and thence to the mayor's. He found both of them
at home; and the mayor having joined Dr. Booth at his house, they
proceeded to the barracks as quick as they could, called out the
military, and accompanied them on horseback to the Bull-ring. Whilst
George Redfern was thus away for forty-two minutes, and after he
returned to the public-office, the superintendant of police was
repeatedly called upon to act against the rioters, but he steadily
refused, in consequence of orders that without the military or a
magistrate's sanction the police were not to go out, nor, in fact, did
the police begin to act at all till Mr. Walker (a magistrate) came to
the public-office, and with him they went against the mob soon after
half-past nine. It was the opinion of some, that had the police gone out
and acted earlier the mob might have been dispersed, or at least that
the property thus destroyed by the rioters might have been defended; but
it appeared a very doubtful question.
"Upon such a state of facts, though the evidence will supply a great
deal more in relation to the issue, the mayor and magistrates are
charged with neglect of duty.
"Now, the case must be looked at as it presented itself to the mayor and
magistrates at the time, and not as if they could have foreseen the
extent of calamity, which their want of preparation, their absence from
the public-office, or any other circumstances may be thought to have
occasioned.
"Believing then that they acted with perfect good faith throughout, and
considering besides that they took reasonable measures to watch the
proceedings of the Chartists at Holloway-head, that they relied on
information which led them to apprehend no disturbance or outbreak, that
on leaving the public-office in the afternoon at five, the mayor gave
directions to George Redfern, the prison-keeper, to send or go for him
or Dr. Booth, if magistrates should be wanted; and taking into account
that the mayor and Dr. Booth were each of them at home when George
Redfern came for them, I am of opinion that under all the circumstances,
the mayor and magistrates were not guilty of neglecting their duty on
the occasion referred to in the memorial.
"The general orders to the police, which prevented them from acting
when first they were called upon to do so, I think ought not to
have been given; but it is reasonable to believe that the mayor and
magistrates laid on the restraint purely out of consideration to
the men themselves.
"I have, &c.
"DAVID DUNDAS."
This was a report which entirely exonerated the magistrates from all
blame; and leaving this part of the case, we shall now proceed to the
trial of the persons implicated in these transactions, which took place
at the Warwick assizes, in the month of August, in the same year.
On Thursday the 1st of August, a lad named Perry, was first tried for
breaking into the house of Mr. Horton, the silversmith, and stealing a
silver sugar-basin; but he was acquitted. In a second indictment, the
charge made was that he had received the basin well knowing it to have
been stolen. The evidence went to show that the basin had been found in
his possession, and that he refused to give it up; but it appeared that
he had picked it up, and the jury acquitted him, discrediting the
allegation of his felonious intention.
On the next day John Neale, William Shears, John Storey, William Edes,
and Frederick Mason, were tried upon an indictment charging them with
being parties to the riot of the 4th of July, and a verdict of "Guilty"
returned.
On Saturday the 3rd of August, Jeremiah Howell, aged thirty-four;
Francis Roberts, twenty-six; John Jones, twenty-one; Thomas Aston,
fifteen; and Henry Wilkes, twenty-one; were put upon their trial. The
indictment charged them with having at Birmingham, on the 15th of July
1839, with other persons to the number of two thousand, unlawfully and
feloniously assembled, to the disturbance of the public peace, and with
having feloniously pulled down and demolished the house of James and
Henry Bourne. The evidence showed the implication of all except Wilkes,
and with that exception the prisoners were found guilty.
On the same day John Collins, whose name has been already alluded to,
was called in and arraigned upon an indictment preferred against him.
The indictment recited that there had been an unlawful assembly called
together in the town of Birmingham on the 4th of July, and that George
Masters and John Hugh Sweeting, being officers of the London
Metropolitan Police, and being duly sworn in as special constables, did,
by order of the magistrates, remove such unlawful assembly; and then it
alleged that John Collins, being a wicked, seditious, and disaffected
person, and endeavouring to bring into hatred and contempt the police
force, and to excite tumults amongst the Queen's subjects, did cause to
be written and published a certain false, scandalous, and malicious
libel on the police and the administration, which were the resolutions
of the National Convention. These resolutions were then set forth.
The libel was proved to have been taken to the printer by the prisoner,
and to have been printed and posted through the town by his directions.
It was in the following terms:--
"_Resolutions unanimously agreed to by the General Convention._
"Resolved--1. That this Convention is of opinion that a wanton,
flagrant, and unjust outrage has been made upon the people of
Birmingham by a bloodthirsty and unconstitutional force from London,
acting under the authority of men who, when out of office, sanctioned
and took part in the meetings of the people, and now, when they share in
the public plunder, seek to keep the people in social slavery and
political degradation.
"2. That the people of Birmingham are the best judges of their own right
to meet in the Bull-ring or elsewhere, have their own feelings to
consult respecting the outrage given, and are the best judges of their
own power and resources to obtain justice.
"That the summary and despotic arrest of Dr. Taylor, our respected
colleague, affords another convincing proof of the absence of all
justice in England, and clearly shows that there is no security for
life, liberty, or property, till the people have some control over the
laws they are called upon to obey.
(By order)
"W. LOVETT, Sec.
"Friday, July 5, 1839."
The prisoner was found "Guilty," but recommended to mercy on account of
his former good character.
On Tuesday, William Lovett, who was the secretary to the National
Convention, was tried upon a similar indictment, charging the
publication by him of the same libel; and after a long and impartial
trial, in which the prisoner defended himself with much tact, a verdict
of "Guilty" was returned.
Several other prisoners were, during the ensuing week, found guilty of
riot, but the prosecutions against many were withdrawn.
On Thursday morning, the 8th of August, Mr. Justice Littledale passed
sentence on the prisoners against whom convictions had been recorded.
Jeremiah Howell, Francis Roberts, and John Jones were first placed in
the dock.
The Clerk of the Arraigns asked the prisoners what they had to say why
sentence of death should not be passed upon them.
Mr. Justice Littledale then put on his black cap, and addressed them.
They had been convicted of felony by a jury of their country, for
demolishing the house of James and Henry Bourne, of Birmingham. This
offence, by the policy of our law, had for many years been punishable
with death; and though of late years many offences which were before
capital had, by the humanity of the legislature, been mitigated, the
punishment for that offence had not been reduced, and it was still
thought proper to retain the punishment of death for it. Even at this
time, as to such offences as remained capital, where there were any
alleviating circumstances, mercy was usually and properly extended. But,
he regretted to say, that their offence was not one of that description,
nor could he, in the discharge of his public duty, honestly recommend
them to mercy. They had been aware that Birmingham had for some time
been in a very excited state. Riots had from time to time occurred,
which it had been found very difficult to suppress, till at length on
the 15th of July they reached their highest pitch--houses were then
demolished and burnt, property to a great value destroyed, and, but for
the interposition of a superior force, the mob might have had possession
of the town, and a much greater amount of property might have been
destroyed, and many lives sacrificed. In this act of demolition the
prisoners unfortunately engaged themselves, and began the devastation.
He therefore found it necessary, as far as lay in his power, to make an
example of those who had been convicted, in order to prevent similar
outrages in Birmingham and other parts of the kingdom where such things
might be contemplated. He hoped that some benefit to others, at least,
would result from their sad example, and that those who should hear the
account of these lamentable outrages and their result, would be warned
by it from the commission of similar offences. But although he could
hold out no hope of mercy here, there was for them a hope of obtaining
it in another world from that Almighty Being who understood all hearts,
and was always disposed to grant it where there was an humble and true
repentance. Their time here was fast approaching to its end, and they
must be prepared to meet their God. He entreated them to employ that
time in true repentance for all their offences, and endeavour to obtain,
through the merits and intercession of our Saviour Jesus Christ, that
mercy from God which they could not hope for from man. It now only
remained for him to pronounce the awful sentence of the law, which was,
that they, Jeremiah Howell, Francis Roberts, and John Jones, be
severally taken to the place from whence they came, and that they be
severally taken from thence to the place of execution, and there
severally hanged by the neck till they were dead; and (concluded the
judge) may the Lord, in his infinite mercy, have mercy on your souls.
Thomas Aston (the lad who was convicted for the same offence as the
other prisoners) was then brought to the front of the dock.
Mr. Justice Littledale said, in his case it did not appear to him that
the awful sentence of the law, which would be recorded against him,
should be carried into effect, and his life would probably be spared. He
would take time to consider for what his sentence should be commuted.
John Neale, William Shears, William Edes, Eleazer Hughes, and James
Pomeroy, convicted of misdemeanour and riot, were next placed the dock.
The learned judge, after commenting on the offences of which they had
been found guilty, said he found it necessary in their cases, and in
order to discourage such scenes of tumult, the consequences of which,
when once begun, no man could foresee, and protect life and property in
Birmingham and elsewhere, to inflict a severe punishment. He, therefore,
sentenced them severally to eighteen months' imprisonment in the House
of Correction, and hard labour.
The following prisoners, convicted of the same offence, some of whom
pleaded guilty, and in favour of whom there were mitigating
circumstances, were then placed at the bar, and received the following
sentences:--
John Drinkworth, twelve months' imprisonment and hard labour.
James Rhodes, nine months' imprisonment and hard labour.
John Storey, Frederick Mason, and Thomas Salter, six months'
imprisonment and hard labour.
John Taplow, for the same offence (who pleaded guilty), one month's
imprisonment and hard labour.
John Smith, William Clift, and Thomas King, were discharged on entering
into their own recognizances in 40_l._ each to appear and receive
judgment when called upon.
John Collins and William Lovett were then brought up and asked why the
court should not pronounce sentence upon them for the misdemeanour of
which they had been convicted?
Mr. Lovett addressed the Court:--Because, in the first place, he was
convinced that the jury were prejudiced against him. He had it from very
good authority that several of them declared their express wish that all
the Chartists should be hanged. That, he submitted, was a very good
reason for a lenient sentence. His lordship would also take into
consideration the evidence on the trial, and the proof of the facts set
forth in the placard, combined with the prejudiced feelings of the
jury--circumstances which ought to weigh much in the present case.
Mr. Justice Littledale then addressed the prisoners. They stood
severally convicted of having published a seditious libel. He had taken
all the circumstances of the case into his serious consideration. John
Collins had received a good character, and the jury, on that account,
had recommended him to mercy. In Lovett's case, the jury did not so
recommend. At the same time he observed, that Lovett had received a very
good character, and though the jury had not recommended him to the
merciful consideration of the court, he would not on that account make
any difference in their sentence. The sentence of the court was, that
they be severally imprisoned in the common jail of this county for one
year.
They applied to be imprisoned on the debtors' side; but the learned
judge said he had not the power to make such an order.
The business of the assize was then closed.
The final merciful consideration of the cases of the convicts who had
received sentence of death, exhibited the leniency with which the
government desired to deal with their offences, in spite of their
enormity. On Thursday the 15th of August, a large deputation of members
of parliament waited upon the minister of the crown within whose
department of office the subject came, for the purpose of soliciting
mercy for the condemned men. They happily succeeded in their
philanthropic object, and a reprieve was instantly despatched to
Warwick. It was felt, however, that although the punishment of death was
removed, the infliction of a severe penalty was rendered necessary by
the enormity of the offence, and the sentence of the prisoners was
commuted only to transportation for life.
It would be impossible in the space to which we are limited, to go
through the cases of all the persons who were convicted in the course of
the years 1839 and 1840, for their advocacy, by the violence of their
language, or of their deeds, of the cause of Chartism. Throughout the
greater part of the manufacturing districts of England, the agitation
which prevailed upon this subject was very great, and repeated and
frequent acts of violence were committed, the participators in which
suffered the penalties of their offences; but to recite each particular
case would be little more than to repeat the same details.
The events of the latter end of the year 1839, when a most systematic
and violent attempt was made to seize the town of Newport, in
Monmouthshire, by an organised band of Chartists, will be found to be
hereafter described; and for a more complete view of the abominable
conspiracy which existed in reference to the advancement of the cause of
Chartism, we must refer our readers to the article in which the riots of
Wales are delineated.
[Illustration: _Manchester Massacre._]
THE CHARTIST RIOTS 1839-40.
The riots which took place at the end of the year 1839, in the
manufacturing districts of England and Wales, will long be remembered as
among the most serious and violent popular commotions which have
occurred in this country in the course of the current century. The
Chartists, whose proceedings we have already alluded to, are alone
answerable for the mischievous "risings" to which the country was made
the prey, and many of them have paid the forfeit of their offences by
the infliction of the punishments of transportation, fine, and
imprisonment.
Among the most distinguished of the Chartist leaders, who were concerned
in the Newport outbreak, which was the most serious of those to which
public attention was directed, was Mr. John Frost, who previously to the
time of his connection with these proceedings had been a magistrate, and
a respectable inhabitant of the borough of Newport, in Monmouthshire.
Mr. Frost was well-known to have long entertained political feelings
extending to the extreme of radicalism; but, considering the situation
of trust which he had held in his native town, it was scarcely deemed
possible that he should be engaged in proceedings, the declared object
of which was to subvert the government of the day.
Preparatory to entering into a description of the circumstances
immediately attending the great Chartist movement against Newport, we
shall give a short narrative of the life of Mr. Frost. At the time of
his conviction, in the month of January 1840, he had just attained the
age of fifty years; his birth, therefore, must have taken place in the
year 1790. At an early period of his life he was deprived of the
paternal care of his father, and the direction of his education devolved
upon his maternal grandfather, a boot and shoemaker at Newport, in
extensive business. The schools of Bristol it was found, afforded far
better means of education than those of Newport; and, to obtain the
benefit of them, Frost was sent to the former place, where he sedulously
laboured to avail himself of the good opportunities which were so
considerately and timely offered to him.
He became early devoted to books, and little relished his grandfather's
business to which he was at first indentured. From these indentures he
was released by the interference of an uncle, then mayor of Newport; and
he became assistant to a woollen-draper, in Bridge-street, Bristol.
Leaving this city he remained for some time in London in the same
capacity; and at last returning to Newport, at the solicitation of his
mother, he took the house and business of a Mr. Thomas, draper and
tailor, the drapery branch of which he carried on until 1812, when
finding himself prosperous, he married his present wife, a distant
relation of his own, and niece to Mr. Foster, the mayor of Newport, who
had been the means of getting him released from his first indentures.
Whilst in London, although not more than twenty years of age, he was
entrusted with the chief management of the business of the house in
which he was engaged. He was particularly esteemed for his sobriety, and
generally spent his evenings at some of the political club meetings
which were then so numerous. In these clubs the unhappy subject of these
records was in the habit of associating with Gale Jones, Thelwall,
Hardy, Galloway, and others of the same school; and although he spoke
but seldom, it cannot be disputed that the lessons which he there
received and the principles which he there imbibed, had a great
influence in directing his mind to that course which he subsequently
pursued.
In the year 1817, Mr. Frost entered into a public political discussion
with Mr. Cobbett, which was the first occasion on which he had been
placed in a conspicuous position before the world. From this period he
became a constant agitator. In all questions, whether of a local or a
general character, he took an active part, and more than once before his
connection with that struggle for chartism, which was productive to him
of so serious results, he became involved in situations threatening him
with ruin.
In the year 1822 Mr. Frost was subjected to a severe imprisonment, upon
a conviction founded upon a libel published by him against Mr.
Protheroe, the town-clerk of Newport. Upon this subject a writer,
apparently favourable to Mr. Frost and the views which he took upon this
question, thus expresses himself:--