Having then referred at great length to the law affecting the case, the

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--

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