"Up to this period the current of Mr. Frost's life seems to have run

smoothly and prosperously; a happy husband and father, and a prosperous

tradesman, he seemed destined to go through life without a cloud on his

fortunes, when he unfortunately became involved in law proceedings with

a Mr. Protheroe, town-clerk of Newport, and land-steward to Sir Charles

Morgan, a man of great influence in the neighbourhood. The immediate

cause of this quarrel was Mr. Frost's having become bail for a relation,

whom Mr. Protheroe (an attorney) was suing for an alleged debt of

150_l._ The legality and existence of the debt were both denied; but

owing, it is said, to some informality, the suit was decided against the

defendant, and in the consequences of this decision Mr. Frost became

involved. Conceiving himself wronged, Mr. Frost, it appears, threatened

to lay a statement of the whole affair before the public, unless his

portion of the loss was refunded. The judgment not being upon the

merits, but merely in consequence of a technical mistake, he conceived

he was not morally bound to pay the money. This argument it seems was

not satisfactory to the plaintiff, and the end was, that Mr. Protheroe

brought an action against Mr. Frost, upon the ground that this threat of

publication was an attempt to extort money. In the eye of the law it was

so, and Mr. Frost had 1000_l._ damages awarded against him for this rash

step. Mr. Frost immediately sold his stock, and paid all his creditors,

save one relation, who arrested him for a debt of 200_l._ Upon this Mr.

Frost declared himself insolvent, and surrendered himself as such."

The matter, however, did not end here; but the writer already quoted

says further:--

"In the mean time his opponent, Mr. Protheroe, had commenced a fresh

action against him for libel. Mr. Frost had, in reference to the former

action, alluded to the jury as being 'packed,' and also asserted that

two of the witnesses, clerks of the plaintiff, were perjured. Upon this

Mr. Frost was tried and found guilty of a libel, for which he paid the

penalty of six months' imprisonment in Coldbath-fields Prison, London.

"Public opinion was, however, in Mr. Frost's favour, though the law was

his enemy. On his return to his native town, after his imprisonment for

this libel, he was met by fifteen thousand of his neighbours, with

banners and music, and so made a sort of triumphal entry into Newport,

ruined by course of law, without having, in general estimation, been

guilty of a shadow of crime."

From this period Mr. Frost continued to reside in Newport, exerting his

influence, upon every occasion, in support of the more popular views

upon the various questions coming under discussion, and advocating, with

considerable effect, the necessity of reform in the corporation of that

small borough. When the Municipal Corporation Reform Bill was passed, he

was looked upon by his fellow-townsmen as the fittest person to

represent their opinions; and, in the year 1837, he was elected mayor,

notwithstanding the strenuous exertions of the party opposed to him in

political opinions. At the same time he held the office of guardian of

the poor of the union in which he lived, under the Poor Law Amendment

Act; and in reference to this law, as well as all others upon which any

popular feeling existed, he espoused the cause of opposition.

At the conclusion of the year of his mayoralty, he was placed on the

list of justices of the peace for the district of Newport, in

consequence of the representations of his fellow-townsmen, by Lord John

Russell, at that time Secretary of State for the Home Department; but,

notwithstanding his elevation to this undoubtedly honourable post, he

continued to employ his greatest efforts in favour of the wishes of the

working classes. In 1838 he joined a society called "The Working Men's

Association," at Newport, and this was the first step which he took

towards that unfortunate termination of his career which subsequent

circumstances brought about. In the course of the ensuing year he was

elected, as the representative of the district of Monmouthshire and its

vicinity, in "The Convention of the Working Classes," an assembly which

met in London in order to endeavour to procure the adoption of the

principles of the "Charter" by parliament. Preparatory to his quitting

Newport to take his share in the discussions which took place at this

Convention, he attended several meetings of the persons by whom he had

been elected, for the purpose of their determining upon the precise

grounds to be taken by him upon his arrival in London. Acting as

chairman at several of them, he made such assertions, and employed such

arguments, as were considered by the officers of her majesty's

government inconsistent with the duties of the office of magistrate,

which he then held; and Lord John Russell in consequence wrote to him,

to demand an explanation of his conduct. A long correspondence took

place, and considerable public excitement was occasioned; but the result

was that, in the month of May 1839, the name of Mr. Frost was removed

from the list of persons in the commission of the peace.

This step upon the part of the government had the effect of raising Mr.

Frost still higher in the opinions of those persons of whom he was now

the professed leader; and, while in the Convention in the metropolis, he

acquired considerable influence, on his return to Newport he was

received with great enthusiasm. In his speeches, the views which he

took, although undoubtedly opposed to the government of the day, of whom

he spoke in no measured terms, were decidedly in favour of the operation

of "moral force," as distinguished from "physical force," in securing

the object which his partisans had in view. It is surprising, therefore,

to find, that on his eventual re-appearance at his native town, he

should have espoused the cause of violence, and should have consented to

take the lead in so formidable a movement as that which was made under

his immediate control and direction.

Frost, however, was not the only individual whose proceedings attracted

attention. Other delegates to the Convention had been appointed from the

same district, and the violence of the declared opinions of one of them,

named Vincent, laid him open to charges against him of a very serious

nature. He was found to have gained great power over the operatives in

the coal and iron districts around Monmouth; and his outrageous language

soon obtained for him the notice of Mr. Phillips, the mayor of Newport,

within whose sphere of action he most frequently exhibited himself. A

prosecution was in consequence determined upon; and, on the 2nd of

August 1839, true bills were found at the Monmouth Assizes against him,

together with other persons, his associates in the cause of violence,

upon a charge of unlawfully meeting together, intending to disturb the

peace and tranquillity of this realm, and to excite disaffection and

hatred to the government and constitution of the country. Amongst the

defendants upon these indictments was Mr. Frost; but, unfortunately for

him, his case was postponed to the ensuing assizes. A verdict of

"Guilty" was returned upon the charge preferred against Vincent, and he

was sentenced to one year's imprisonment, while his companion, William

Edwards, was ordered to undergo nine months' imprisonment, and John

Dickenson and William Townsend were sentenced to six months'

imprisonment.

After this conviction no popular movement took place, but the prisoners

were conveyed, without any attempt at disturbance, to the county jail;

and although many remonstrances were heard as to their being subjected

to the rigorous discipline of the jail, these eventually ceased, and a

prospect of peace and quietude presented itself. While yet the

authorities were congratulating themselves upon the check which appeared

to have been given to physical-force chartism, however, information

reached them that secret meetings were nightly held in beer-shops and

club-rooms in the country districts, the proceedings at which were

calculated to excite feelings of the greatest uneasiness amongst the

well-disposed subjects of her majesty. Rumours were afloat that a rising

was meditated on the hills, for the purpose of attacking Newport, and,

in the event of success, of marching to Monmouth to liberate Vincent and

the other Chartist prisoners confined in the jail of that town. From the

frequency and vagueness of such reports, little importance (generally

speaking) was attached to them until Sunday, the 3rd of November, when

Mr. Phillips, mayor of Newport, obtained information, to which some

credence was attached, that an insurrectionary movement had been

determined on in the Chartist lodges. The mayor, from the first moment

of serious alarm, adopted every precautionary measure, which firmness,

correct judgment, and indefatigable exertion could accomplish. On the

first intimation of danger, he sent the police-officers to summon all

the special constables to attend him at the King's Head Hotel, at eight

o'clock in the evening. The call was promptly responded to by all the

respectable inhabitants; and it was resolved that, in consequence of the

information received, it was necessary that fifty special constables

should remain on duty in the King's Head Hotel all night, fifty at the

Westgate Hotel, and fifty at the Parrot Inn. The mayor afterwards

adjourned to the Westgate Hotel, where the magistrates held their

sittings; and a detachment of the 45th foot, consisting of thirty

soldiers only, was stationed in the house, under the command of

Lieutenant Gray, it having been deemed advisable that the remainder of

the troop should stay at the workhouse with Captain Stack, where about

two hundred stand of arms were deposited. In the course of the evening

and the night, the special constables, who were on duty parading the

streets, captured many Chartists, armed with pistols, pikes, and other

deadly weapons. The alarm was complete; for, during the whole of the

afternoon, every inhabitant, or stranger, who happened to arrive in town

from the vicinity of the works, brought in the terrifying intelligence

that the ringleaders of the Chartists had been scouring the hills during

the whole of the day, in all directions, and compelling, by brute force,

all who came within their reach to join their ranks, and that it was

highly probable that an attack would be made upon Newport that night.

This induced the mayor to look for further assistance, and he

accordingly sent an express to the mayor of Bristol, requesting a

reinforcement of troops. The morning dawned upon the affrighted town

without apparent danger, but still alarms were abroad; and, as the hours

advanced, business appeared at a complete stand-still, and no one

ventured to open his shop. At eight o'clock Lieut. Gray, of the 45th,

with two sergeants and twenty-eight soldiers, arrived at the Westgate

Hotel, from the barracks at the poor-house, beyond Stow Hill, the

remainder being left under the command of Captain Stack at their

barracks. The gallant lieutenant immediately placed himself and men

under the direction of the mayor; and the brave and determined fellows

were judiciously posted in the room which commanded the entire extent of

the front of the premises. The shutters of the Westgate Hotel windows

were closed, but the entrance was open, and the passage occupied by

special constables with staves, there being no appearance of a military

force from the exterior of the house.

The subsequent circumstances attending this unfortunate affair, are best

detailed by the Attorney-General's speech, and by the evidence which was

produced at the trial; and having merely stated the fact of the riot

having occurred on the 4th of November, 1839, we shall proceed to the

description of the circumstances attending the investigation before the

jury.

The importance of the inquiry was deemed by the officers of the crown to

be sufficient to warrant the issuing of a special commission for the

trial of the prisoners, and the necessary preliminary arrangements

having been made, the business of the commission at length commenced on

Wednesday, the 1st of January, 1840, at Monmouth, Sir N. C. Tindal, the

Lord Chief Justice of the Court of Common Pleas; Sir J. Parke, one of

the Barons of the Court of Exchequer; and Sir J. Williams, one of the

Justices of the Court of Queen's Bench, being the Judges appointed to

undertake the difficult task of trying the numerous prisoners in

custody; and the Attorney-General (Sir John Campbell), the

Solicitor-General (Mr. Serjeant Wilde), Mr. Serjeant Ludlow, Mr.

Serjeant Talfourd, Mr. Wightman, and Mr. Talbot, being the counsel for

the crown. The counsel engaged for the prisoners were Sir F. Pollock,

Mr. Kelly, Mr. Thomas, and Mr. Rickards.

The whole of the prisoners had been arraigned upon the indictment

preferred against them on a former day, and had solicited to be tried

separately, in obedience to a right conferred upon them by act of

parliament.

Mr. John Frost was the first put upon his trial. He was placed at the

bar at nine o'clock in the morning, and appeared to posses great

confidence.

The Attorney-General then rose, and thus proceeded to address the court

and jury:--"May it please your lordships, gentlemen of the jury; In the

discharge of my official duty, I have the honour of attending here to

conduct this important prosecution. I hope you will believe that my only

object is, that the facts of the case may be fairly laid before you;

that truth may be fully investigated; that innocence may be vindicated,

if innocence be found to exist; and that you will only pronounce the

verdict of guilty upon clear and convincing proof. It is highly

important that parties accused should be zealously and ably defended;

but it is likewise of importance that the law should be vindicated; that

the peace of society should be preserved; and that, when crime has been

committed, guilt should be brought to punishment. I think that no one

will deny the necessity for the solemn inquiry in which we are engaged.

There has recently been in this county an armed insurrection; the law

has been set at defiance; an attempt has been made to take possession of

the town of Newport; there has been a conflict between the insurgents

and the Queen's troops; there has been bloodshed; there has been the

loss of many lives. Gentlemen, the intelligence of these outrages has

caused great alarm and dismay throughout the kingdom. Various prisoners,

charged with having been concerned in these outrages, are now accused of

having committed the highest crime known to the law. Not only on account

of the importance of the occasion, but from the forms of the law, it

became necessary for her Majesty to issue a special commission for the

trial of those charged as offenders. A bill of indictment for high

treason was found by a jury of the county against (amongst others) John

Frost, the prisoner at the bar; but still he is presumed to be innocent.

All the indictment says is this, that he should be put upon his trial. I

need hardly caution you, gentlemen of the jury, that you are to dismiss

from your recollection all that you have read, and all that you have

heard, upon this subject. You are to be guided entirely by the evidence,

and you will proceed as if you never had heard of the case until the

indictment was read to you. I further use the liberty of saying that you

are not to regard my statement, either as to the law or as to the fact.

The law you will receive from the venerable judges who preside over this

court--the facts you will hear from the witnesses, and you will be

guided by the evidence they give, and the credit that you think their

testimony is entitled to. A most important charge is given to you, for

it is one which bears upon the guilt or innocence of the prisoner. No

men can have higher functions to discharge--the life and the reputation

of the accused are in your hands--but there are likewise in your hands

the public safety and the public justice of the country."

The Chronicles of Crime or The New Newgate Calendar. v. 2/2 being a series of memoirs and anecdotes of notorious characters who have outraged the laws of Great Britain from the earliest period to 1841 · 第 73 / 90 段