learned gentleman proceeded to say:--"I shall now, therefore, give you a
short outline of the facts, which I understand will be clearly proved in
evidence before you. For that purpose I must remind you of the
geographical situation of the county in which these disturbances took
place. You are probably well acquainted with what is called the 'hill
district,' in the county of Monmouth. It is of a triangular form, having
for its apex a place called Risca, about five miles from Newport. The
base is at a distance of from fifteen to twenty miles as you ascend the
country. On the west side you have Nantiglo and Beaufort iron-works--on
the east, Blaenavon, and the hills in the neighbourhood; Blorage, I
think, being one of the heights. The country is intersected by deep
glens, watered by rapid streams; the Rumney being on the west, and the
Sirhowy parallel to it; then come the rivers Ebbw Upper and Ebbw Lower,
which join and flow down towards Newport; and near to that is Lanthewy,
and the river Avon. In that county, as you are aware, are mines of coal
and iron. These mines have of late years been worked to a very great
extent; and those mountainous hills which, fifty years ago, were almost
uninhabited--a few shepherds' huts only being scattered up and down, are
now the seat of a dense population, estimated, I am told, at forty
thousand persons, employed in working the iron and coal mines, and in
supplying the wants of those so engaged. I am afraid the population
which has thus suddenly sprung up is, in many instances, not the most
peaceable. I am afraid that a degree of ignorance prevails which is much
to be deplored; and that many of those who live there are subject to be
practised upon by designing men. It would appear that this population
had been organised to a considerable degree by societies established
amongst them, so that on any occasion a command might be issued and
circulated amongst the population, and speedily obeyed. It will appear
that the prisoner, John Frost, who had been for many years a
linen-draper in the town of Newport, possessed extensive influence in
this part of the country, the hill district of the county of Monmouth.
Newport, you are aware, is the place from which the coal and iron
obtained in the mines is exported. It is a considerable town, and great
importance is attached to it. It is the highway from South Wales to
Bristol, Gloucester, Birmingham, and the north of England. It will
appear in evidence before you, that in the week preceding Sunday, the
3rd of November, a plan was formed for a general rising of the
population of the district, to take place on the night of that Sunday,
when it should arrive. Various consultations were held, at which Mr.
Frost was present. Those consultations were held chiefly at a place
called Blackwood, between Rumney and Sirhowy. There is a public-house
called the Coach and Horses, where there was a lodge or society, and
where meetings were held, and where it is clear this scheme was devised
or matured. There was particularly a meeting held on Friday before
Sunday, the 3rd of November. Deputies attended at that meeting; there
was a return of the armed forced which could be mustered; and it would
appear that there the plan or scheme was laid down which was afterwards
to be carried into effect. What was that plan? It appears that orders
were to be issued to the men to assemble armed on the evening of Sunday,
November the 3d. There were to be three principal divisions--one was to
be under the command of John Frost himself, who was at that time
stationed at Blackwood. Another division was to be under the command of
Zephaniah Williams. Williams lived higher up the country; he kept a
beer-house at Coalbrook-vale, on the Ebbw, near Nantiglo. He was to
collect the men up the country, and to bring them down towards Newport.
The 3d division was to be under the command of a person of the name of
William Jones, a watchmaker, at Pontypool. He was to collect the people
from the north and west, and bring them down, and they were all to meet
somewhere near Risca or Cefn, and to come on to Newport. They were to be
at Cefn about midnight on Sunday, and, being assembled there, they were
to march to Newport about two o'clock in the morning--a time when it
was expected that there would be no preparation to receive them; when
the inhabitants would be buried in sleep, and entirely disarmed of all
suspicion or apprehension of danger. They were, when at Newport, to
attack the troops who were there, to take possession of the town, to
break down the bridge which is there across the river Usk, to stop the
mail, and then, by a signal, the success of the scheme was to be
announced. The mail not arriving in an hour and a half after its usual
time, those who were in concert with them in that town would know that
the plan had succeeded, and there was to be a general rising there, and
in Lancashire generally, and elsewhere. Gentlemen, there never was a
charter law universally and instantly established--there never was the
remotest chance of this scheme being accomplished; but, had it not most
providentially happened that the night between Sunday and Monday was one
of the darkest and most tempestuous that was ever known in England, it
is difficult to conjecture the degree of mischief which might have been
wrought before the insurrection could have been suppressed, and peace
and tranquillity restored. Gentlemen, John Frost, the prisoner,
remaining at Blackwood, the men under his command did assemble
considerably earlier than the other divisions. He crossed over from
Blackwood to a place called Newbridge, on the Ebbw, and came by
Abercairn to Risca and the Welsh Oak, and there he was early in the
night; but, from the difficulties which presented themselves, the other
divisions, which were to come from the upper parts of the country, did
not arrive until long after the expected hour. Zephaniah Williams, who
was to bring the men from Nantiglo, did not arrive till after daylight.
William Jones, who was to bring his division from the north and west,
did not arrive at the appointed time. A man of the name of Britton, who
commanded a party of this division, did arrive in time, but Z. Williams
with the others was too late. John Frost having come to Risca, remained
there until shortly before daylight. It was then thought necessary to
muster the forces there collected, and to march on towards Newport.
There were collected at that time, according to the best computation
that could be made, about five thousand men. Many of them were armed
with guns and pistols, many had spears or pikes, and many were provided
with an instrument called a mandril, which, as I understand, is a short
instrument, made of iron, for picking coal in the mines--a very
dangerous and deadly weapon if used for hostile purposes--resembling a
pickaxe in shape; others had scythes fixed on sticks, and those who had
not weapons of this kind were armed with sticks and bludgeons. Mr. Frost
commanded them, and they marched towards Newport. They marched in
military order, five abreast. The word of command was given from time to
time by Frost, and they came down from Cefn by Pie-corner to
Tredegar-park, the seat of Sir Charles Morgan, and through which the
highway of a tram-road passes. By the time they had got to
Tredegar-park, the day had dawned. Here inquiries were made by Frost as
to the position of the military. I may now mention what had been passing
at Newport during the night. Intelligence had been brought to Newport on
the Sunday night of what had been passing in the hills. Mr. Phillips,
who was the mayor of Newport, immediately took measures for the safety
of the town, and special constables were sworn and stationed at the most
important points. There are three principal inns in Newport, the
Westgate, the King's Head, and the Parrot. These inns commanded the
principal streets, and there the special constables were stationed. The
Westgate is in the market-place, and was considered the most important
station of all. The mayor went to the Westgate with other magistrates,
and sat up the whole night, sending out constantly for information, and
making the best preparations to preserve the peace and defend the town.
When the day dawned intelligence was brought that the insurgents were
advancing, and were in the neighbourhood of Newport. The mayor had sent
a person of the name of Walker, to gain information. That person had
been shot at, and returned dangerously wounded. The mayor then sent for
military assistance. There was in the neighbourhood only one company of
soldiers, under the command of Captain Stack, who were stationed in the
workhouse, which had been converted into a temporary barracks, and is on
the outskirts of the town. Captain Stack sent thirty of his men to the
assistance of the mayor, under the command of Lieutenant Grey and two
sergeants. I believe the barracks are about half a mile from the
Westgate. Lieutenant Grey brought his men to the Westgate, and in a
little time they were stationed in a room in the inn which it is
material, gentlemen, I should describe to you. That inn is in
Westgate-street, fronting the north. On the east side there is a room,
with a bow-window, looking out upon the street. In that room the
military were stationed. There is a corresponding room on the western
side of the house, where the magistrates were assembled. Between these
two rooms is a corridor or passage, which you will find was a scene of
strife. The special constables remained before the door of the inn where
they had been placed. The military had not loaded, and it will be a fact
most material to the case, that the soldiers did not load their muskets
till they were fired upon. This being the state of things at Newport as
the insurgents approached, Frost at the head of the body, and giving the
word of command, they reached the machine at Court-y-bella, and there
Mr. Frost inquired respecting the military. He was told by two boys whom
he met at the turnpike, that a number of soldiers had marched to the
Westgate Inn. On that the insurgents divided, and part of them turned to
the left and went up the hill leading to St. Wollo's Church, whilst
another part kept to the right and went towards the town of Newport,
through Commercial-street. This last division afterwards came up and
joined the others. Those who had gone by St. Wollo's or the Friars, went
down Stow-hill, which leads to the Westgate Inn, where Mr. Frost had
been told the military were. Mr. Frost still walked at their head, and
when they had passed a place called the Catholic-chapel, which is close
to the back of the Westgate, the insurgents tried to gain admission to
the Westgate Inn by the carriage entrance to the courtyard, behind the
premises I have been describing. That entrance is from Westgate-street,
and when they failed to procure admission there, they wheeled round to
the front of the Westgate Inn. Mr. Frost was still with them, and, as it
will be distinctly shown to you, was in front of the Westgate Inn at
that time. The special constables were before the door, and the
insurgents asked them to surrender; one of the constables said they
would not surrender, on which the command to fire was given, and
immediately the firing began upon the bow-window of the room in which
the military were stationed, and the insurgents attempted to break
through the front door of the porch to the interior of the house. They
used their pikes for the purpose of forcing the door, and having
succeeded, they got into the hall and the passage leading from the
magistrates' room to the room where the military were stationed. It was
now the time for Lieutenant Grey to do what became him as an officer of
her Majesty, and as a good subject of this country, who wished to
preserve the lives of his fellow-subjects, and to take care that
universal confusion should not occur. Orders were given by him to the
military to load. They loaded. I should mention to you, gentlemen, that
the room in which they were stationed was that in which was the
bow-window--that is, a projecting window having three sides, and not
being circular. The shutters of this window were closed, and the glass
had been broken by the shots which had been discharged. But while the
shutters remained shut the soldiers could not use their guns and fire on
the insurgents. Lieutenant Grey, who on that occasion acted certainly in
a manner which is above all praise, for the moderation, the firmness,
the energy, and intelligence he displayed--went to open the shutters of
one part of the window; the mayor went to open another part of the
window, and Serjeant Daly to open another. As the mayor opened the
shutters he received two wounds, one in the shoulder and the other in
the hip. Serjeant Daly was also wounded in the head by slugs, which
passed into it, and the gun which he had in his hand had its lock
knocked off by a ball which had been fired by the insurgents. The
soldiers were then ordered to fire. At this time the insurgents had
gained the various approaches to the house; they were in the passage
leading to the room in which the military were assembled, and if the
order to fire had not then been given, there is no reason to doubt that
the military would all have been massacred. The order, however, was
given, and it was speedily and effectually obeyed. The insurgents in the
passage were fired on, and several of them fell and were killed. The
shutters being also removed from the window, the men directed their
pieces through it, and thus had command of the space in which the
insurgents were drawn up. They accordingly fired into the street, and
several of the insurgents were wounded and fell, and the others were
speedily dispersed (Mr. Frost had not been seen after the firing first
began), and they fled in every direction. Zephaniah Williams was about
ten minutes too late, but he did arrive at last with the Nant-i-glo men,
a band almost as numerous as that led by Frost himself. William Jones,
of Pont-y-pool, did not come nearer to Newport than Malpas, but he was
proceeding onward when he heard of the disasters which had happened to
his associates in Newport. He likewise fled, and the men who were with
him dispersed. I should mention that these three parties in their
progress scoured the country and pressed various persons whom they
compelled to march with them, at the same time seizing all the arms they
could find. Mr. Frost himself was seen soon after the defeat of his
associates in Commercial-street, which leads to Tredegar; after the
action was over, he was seen in Tredegar-park escaping into a wood, and
he was apprehended in Newport on the Monday night with pistols and
powder in his pocket. Gentlemen, thus tranquillity was restored, and it
will be for you to say, if these facts be true, whether there is any
reasonable doubt of the guilt of the prisoner Frost. And how are those
facts to be proved? With regard to the main circumstances, no doubt
whatever can be entertained; and I shall prove the facts by witnesses
who are above exception, who were unconnected with the circumstances,
and who were employed in trying to establish peace and to restore
tranquillity. With regard to the declarations made by Frost, which I
have avoided to detail for the present, the proof of these will much
depend on the evidence of persons who were concerned with him in the
insurrection. When my learned friend comes to remark upon their
testimony, he will probably call them accomplices; but, gentlemen,
whether they are voluntary or compulsory witnesses, there is no doubt
that their evidence ought to be received with great suspicion, and
weighed with anxious care; but if you do sift it, and find no good
reason to doubt its veracity, you will not hesitate to believe the
evidence given by such individuals. In such cases evidence of this kind
must be laid before the juries who try them; for it is evident that
treasonable conspiracies are not concocted in public; and how can they
be proved but by the employment of spies and informers, whose evidence,
it is true, is generally condemned and often disbelieved. In this case,
however, I purpose to call no spies, no informers--for none such were
employed--but I propose to call persons who were engaged more or less in
the insurrection, and who, I submit, may be trusted if their evidence be
consistent, and if it be corroborated as to the main points to which
they will speak. On that evidence no doubt will exist in your minds with
regard to the guilt of the prisoner. Gentlemen, it gives me sincere
satisfaction to find that he is defended by gentlemen of the first
eminence and the first talent at the bar of England. All that zeal,
learning, and eloquence can accomplish, will be achieved in his cause,
so that the result of this trial must satisfy the public justice of the
country. I own it seems to me, that my learned friends will have a
difficult task to perform. I think they will hardly deny the law of
treason as it was laid down by Mr. Justice Foster and Lord Tenterden;
and here was an insurrection of men, formidable from their numbers, met
for a public purpose, and actually engaged in conflict with the Queen's
troops, not accidentally, or in a sudden affray, but publicly, with
premeditation and design. Will my learned friend say that it was a
private object the prisoner sought to obtain? What this was I am at a
loss to conjecture. It was not private revenge, or a private grievance.
The insurgents did not meet for the purpose of discussing petitions to
be presented to the Queen, or to either of the houses of parliament. It
was not a meeting arising out of disputes between the masters and
servants engaged in the coal and iron trade. It was not a sudden
outbreak arising from want of employment, or the want of food; for, I
believe, that if inquiry be made, it will turn out that the coal and
iron trade has not been in a more prosperous condition than it was when
this insurrection occurred; that the wages of those employed in it were
high, and that those persons who were engaged in the insurrection had no
pretended private grievances which they wished to redress. What
conclusion then must be drawn from this if the witnesses speak the
truth? That they assembled for a public object with an armed force to
change the law and the constitution of the country. Unless this offence
be satisfactorily made out there can be no question, gentlemen, that it
will be your duty to acquit the prisoner, and that you will have great
satisfaction in doing so; but if the evidence clearly and satisfactorily
establishes the case against him, you will no doubt act the manly part
which it will be your duty to perform. You will not shrink from your
duty, whatever may be your feelings. It imports all persons, whatever
may be their situation, that the law shall be respected and obeyed:
whether they possess landed property, or if they are merchants, or
tradesmen, or labourers. Whatever may be their situation, whether it be
high or humble, it imports them all that such tumults as this should be
suppressed, and, for the sake of example, that punishment should take
place. I have given you a short outline of the facts of the case. I have
no doubt that the witnesses who will be called and examined will receive
from you the most careful attention, and that you will listen, with the
respect due to them, to the arguments which may be adduced in favour of
the prisoner. On these it will then be your important duty to pronounce
your verdict of 'guilty' or 'not guilty;' and I have no doubt that you
will do so with justice towards the prisoner, and with satisfaction to
the public justice of the country."
The learned Attorney-General having concluded his address, the first
witness, named Samuel Simmons, was called.
Sir F. Pollock rose to submit an objection to the court, to the
examination of the witness. It appeared that by various statutes, the
prisoner was entitled to the delivery of a copy of the list of witnesses
to be examined at the trial, and also of a copy of the indictment, and
of the panel. The statute of the 7th William III. entitled the prisoner
to the delivery of a copy of the indictment five days before the trial,
and to the delivery of a copy of the panel two days before the trial.
The statute of the 7th Ann, c. 21, s. 11, provided that "when any person
should be indicted for high treason or misprision of treason, a list of
the witnesses who should be produced on the trial for proving the said
indictment, and of the jurors, mentioning the names, professions, and
places of abode of the said witnesses and jurors, should be also given
at the same time that the copy of the indictment was delivered to the
party indicted." It then further provided in favour of the prisoner,
that "a copy of all indictments for the offences aforesaid, with such
lists, should be delivered to the party indicted ten days before the
trial, and in the presence of two or more credible witnesses, any law or
statute to the contrary notwithstanding." In the present case the list
of witnesses had been handed to the prisoner on the 17th of December,
but the copy of the indictment had been served on the 12th of the same
month. The distinct provisions of the act therefore had not been
complied with.
The Attorney-General, on the other side, contended first, that the
objection was too late, and that it ought to have been made before the
arraignment of the prisoner on the indictment, when the formal error, if
any had been committed, might have been remedied by fresh service; but
secondly, that in fact there was no error at all, for that the service
of the copy of the list of witnesses and of the copy of the indictment
before the time required by the act of Queen Ann was advantageous to the
prisoner, and that their not having been handed to him both together
could not be deemed by the court to be sufficient ground for setting
aside the proceedings, or for directing an acquittal of the prisoners.
In answer to these arguments, which occupied the whole day, Chief
Justice Tindal said, "It seems to me that the prisoner's counsel have
raised a very great doubt, and the point is one which requires serious
consideration. It is the more important as the same objection may apply
itself, under existing circumstances, to several other cases. We
propose, therefore, to take a course in the present case, to prevent the
possibility of any hasty decision operating to the disadvantage or
prejudice of the prisoner on the one hand, or to the prejudice of public
justice on the other. We shall allow the trial to proceed, and take the
opinion of her Majesty's judges on the subject, in the event of the
result of the trial on the present occasion making such a reference
necessary."
On the 2nd of January the learned counsel for the crown proceeded to the
examination of witnesses in support of the allegations against the
prisoner. The evidence was corroborative of the statement made by the
learned Attorney-General, and it is unnecessary to repeat the facts
which were sworn to. Sir Thomas Phillips, the mayor, who had been
knighted, and Captain Grey, who had received a new rank in consequence
of their gallant and praiseworthy exertions in defence of the town, were
called and examined, but they in effect related the same story which had
been detailed in the opening speech.
The next witness called was Thomas Walker, the special constable, who
had been wounded. He stated that he went out by order of the mayor to
make observations upon the district towards Risca, which is about six
miles from Newport. He found several parties of men on the road,
apparently armed; and at Risca he heard shots fired, and some cheering.
On his return he was stopped by about sixteen men, and he was stabbed by
one in the thigh, while another fired a pistol at him, the ball from
which inflicted a very severe wound. He managed to reach Newport, but on
his arrival there he was so weak as to be unable to walk any further;
and having reported himself to the mayor, he was carried home and put to
bed.
The mode by which the men, under the command of the prisoner, increased
the number of his followers, was detailed by several witnesses, who were
labouring men, residing on the different lines of march taken by the
Chartists. From their testimony, it appeared that every cottage was
attacked and the male inhabitants forced to take such implements as they
might possess, (fit to be employed as offensive weapons,) and accompany
the main body. In case of refusal, or of disinclination being exhibited
to obey the orders which were given, force was used, and persons were
set to guard those who appeared likely to attempt to escape. Out-scouts,
it was also proved, were appointed to watch the districts in the
neighbourhood of the Welsh Oak, and the various places of meeting, and
upon the approach of any strangers, they were directly seized and
carried before some of the leaders for examination. Chartist lodges were
shown to have been established throughout the whole district of country
surrounding Newport; and at the meetings which were held antecedent to
the insurrection, collections were made for the purpose of defraying the
expenses of the purchase of arms to be used against the authorities of
the town.
Other witnesses were called, who deposed to facts implicating Zephaniah
Williams and William Jones, as well as the prisoner Frost, and proved
the employment of great violence by them and their followers.
The evidence as to the apprehension of Frost, was that of Mr. Thomas
Jones Phillips, clerk to the magistrates of Newport. Having proved the
issuing of the warrant for the prisoner, he said "On Monday the 4th of
November I went to Mr. Frost's house with the superintendant of police,
but he was not there. I afterwards went to Partridge's house, but not in
search of Mr. Frost. I had a search warrant for Partridge's house. I
went to the house attended by some special constables. It was between
the hours of seven and eight o'clock at night. I knocked at the door,
but no notice was taken. I then attempted to enter the house, but
finding the door fastened, I called out 'Partridge,' and he said 'I am
gone to bed.' I said 'Get up and open the door, or I must force it
open.' The door not being opened, I forced it open. I heard the cross,
that seemed to fasten the door inside, falling down, and then, when the
door was open, I saw Mr. Frost standing within two yards of it. He was
facing me. The cottage in which Partridge lives is a very small one, and
the door opens from the street into the room. There is no passage. I
walked up to Mr. Frost, and laid my hand upon his shoulder on one side,
while Mr. Rogers, who was with me, laid his hand on his other shoulder,
and said to Mr. Frost, 'He was a prisoner.' Mr. Frost said, 'Very well,
I will go with you directly.' I said, 'No, I am not yet prepared to go
with you,' for I had the search warrant to execute. I then searched the
house. Mr. Frost appeared to me (at the time) to be very much fatigued;
and he himself told me that he felt very uncomfortable. He walked
arm-in-arm with me from Partridge's house to the Westgate Inn. He was
not searched till he got to the Westgate Inn. There were found upon him
three pistols, a powder-flask, and some balls. The balls I believe were
loose in his pocket. The pistols were all loaded."
This evidence, which was concluded at the end of the fifth day of the
trial, completed the case for the prosecution.
Sir F. Pollock, on the following Monday morning, proceeded to open the
case for the defence. The learned gentleman occupied more than five
hours and a half in addressing the jury; commenting in the most able
manner upon the whole of the vast mass of evidence which had been
adduced, and contending that there was nothing in the conduct of the
prisoner, or of his associates, which could in the slightest degree
warrant a presumption that they had assembled for the purpose of
committing any offence which could be supposed to amount to
high-treason. He urged that the probability was, that the assemblage
took place with a view (on the part of the Chartists), to exhibit their
power, and, by making a general movement, to procure the release of
Vincent, their partisan, at that time undergoing an imprisonment, on a
charge of sedition, in Monmouth jail; and that some prisoners having
been made from amongst them, they had gone to demand their liberation,
and had become exasperated by the harsh measures adopted against them by
the authorities.
Several witnesses were called with a view to support these suggestions,
and to show that the first act of aggression was on the part of the
soldiers; and many persons gave the prisoner an excellent character for
humanity and general mildness of disposition.
Mr. Kelly then proceeded to sum up the whole of the evidence, on the
part of the prisoner, in a most able speech, and he was followed by the
Solicitor-General in reply.
Towards the conclusion of the eighth day's proceedings, the Lord Chief
Justice addressed the jury upon the whole case. At six o'clock the jury
retired to consider their verdict, and in about half an hour returned
into court, and declared that the prisoner was "Guilty" of the offence
imputed to him, but recommended him, generally, to the merciful
consideration of the crown.
On the following morning, the 9th of January, Zephaniah Williams was put
upon his trial. As we have already entered so fully into the facts
proved against the prisoner Frost, it would be useless to repeat the
evidence adduced in any of the subsequent cases, which was merely a
repetition of that already given. On Monday the 12th of January, this
prisoner was called upon for his defence, when he appeared dreadfully
affected. His counsel had already addressed the jury at great length in
his behalf, and he contented himself with denying that he ever
entertained any notion of the kind imputed to him, and solemnly
protested that he never had the least design of revolting against the
Queen. He was found "Guilty," but, as in the case of Frost, was
recommended to mercy.
William Jones was then put on his trial, and on Wednesday he was also
pronounced "Guilty," with a similar recommendation to mercy.
It now became the duty of the learned judges to proceed to the
consideration of the indictments preferred against the other prisoners,
in custody for minor offences alleged against them. Charles Walters,
Jenkins Morgan, John Rees, Richard Benfield, and John Lovell, confessed
themselves guilty of the charges laid against them; and the
Attorney-General withdrew the prosecutions against Edmund Edmunds, James
Aust, George Turner, and Solomon Britton, in reference to the propriety
of whose indictment great doubts existed. On the same day several other
prisoners pleaded guilty to charges of conspiracy, riot, pike-making,
burglary, &c.; and on Thursday, the business of the special commission
was terminated by the learned judges passing sentence on the prisoners.
Frost, Williams, and Jones, were first brought up; and their lordships
having gone through the usual forms put on the black caps, and--