Chief Justice Tindal addressed the prisoners in the following

words:--"John Frost, Zephaniah Williams, and William Jones, after the

most anxious and careful investigation of your respective cases before

juries of great intelligence and almost unexampled patience, you stand

at the bar of this court to receive the last sentence of the law, for

the commission of a crime which, beyond all others, is the most

pernicious in its example, and the most injurious in its consequences,

to the peace and happiness of human society--that of high-treason

against your sovereign. You can have no just ground of complaint that

your several cases have not met with the most full consideration, both

from the jury and the court; but as that jury have, in each of them,

pronounced you guilty of the crime with which you have been charged, I

should be wanting in justice to them if I did not openly declare that

the verdicts which they have found meet with the entire concurrence of

my learned brethren and myself. In the case of all ordinary breaches of

the law, the mischief of the offence does, for the most part, terminate

with the immediate injury sustained by the individual against whom it is

levelled. The man who plunders the property, or lifts his hand against

the life of his neighbour, does by his guilty act inflict, in that

particular instance, and to that intent, a loss or injury on the

sufferer or his surviving friends; but they who, by armed numbers, or

violence, or terror, endeavour to put down established institutions, and

to introduce in their stead a new order of things, open wide the

flood-gates of rapine and bloodshed, destroy all security of property

and life, and do their utmost to involve a whole nation in anarchy and

ruin. It has been proved in your case, that you combined together to

lead from the hills, at the dead hour of night, into the town of

Newport, many thousands of men, armed in many instances with weapons of

a dangerous description, in order that they might take possession of the

town, and supersede the lawful authority of the Queen therein, as a

preliminary step to a more general insurrection throughout the kingdom.

It is owing to the interposition of Providence alone, that your wicked

designs were frustrated. Your followers arrive by daylight, and, after

firing upon the civil power and the Queen's troops, are, by the firmness

of the magistrates, and the cool and determined bravery of a small band

of soldiers, defeated and dispersed. What would have been the fate of

the peaceable and unoffending inhabitants, if success had attended your

rebellious designs, it is useless to conjecture. The invasion of a

foreign foe would, in all probability, have been less destructive to

property and life. It is for the crime of treason, committed under these

circumstances, that you are now called upon yourselves to answer; and by

the penalty which you are about to suffer, you hold out a warning to all

your fellow-subjects, that the law of your country is strong enough to

repress and to punish all attempts to alter the established order of

things, by insurrection and armed force, and that those who are found

guilty of such treasonable attempts must expiate their crime by an

ignominious death. I do, therefore, most earnestly exhort you, to employ

the little time that remains to you, in preparing for the great change

that doth await you, by sincere penitence and fervent prayer; for

although we shall not fail to forward to the proper quarter that

recommendation which the jury intrusted to us, we cannot hold out to you

any hope of mercy on this side the grave. And now doth nothing more

remain than that the Court pronounces (to all of us a most painful duty)

the last sentence of the law, which is, 'That each of you, John Frost,

Zephaniah Williams, and William Jones, be taken hence to the place from

whence you came, and be thence drawn on a hurdle to the place of

execution, and that each of you be there hanged by the neck until you be

dead, and that afterwards the head of each of you shall be severed from

his body, and the body of each, divided into four quarters, shall be

disposed of as her Majesty shall think fit; and may the Lord have mercy

upon your souls.'"

The prisoners received the announcement of their fate with the utmost

firmness, yet propriety of demeanour. They were the only persons in the

crowded court whom the fearful nature of the sentence, and the low,

solemn tone, in which it was pronounced, did not most deeply affect.

The prisoners were then removed from the bar, and the clanking of their

chains was painfully audible.

Charles Waters, John Lovell, Richard Benfield, John Rees, and Jenkin

Morgan, were next placed at the bar, and, as in the former case, were

addressed by the learned Judge with great solemnity. Their cases, though

sufficiently aggravated, presented features of palliation which entitled

them to an extension of mercy, and their lives would be spared. "At the

same time (said his lordship), looking to the active and prominent share

which each of you has taken in the lawless proceedings at Newport, on

the fatal 4th of November, we cannot hold out to you the hope of further

mitigation than that you must be prepared to leave your native country,

and probably for the remainder of your lives. For the present, and with

the object of obtaining such mitigation of the execution of your

sentence, it is our duty to pass the sentence required by law;" which

his lordship did in the form adopted with the other prisoners.

All the prisoners received the intimation that they should be

transported with some indication of surprise. Rees alone leant his head

upon the bar and wept.

Notwithstanding the extremely perilous situation of the unfortunate men,

who were thus convicted and left under sentence of death at Monmouth,

during the whole period occupied in their trials their brother Chartists

throughout the county persisted in pursuing their reckless and

mischievous career. In the immediate vicinity of Monmouth, small armed

bands associated themselves for the purpose of deterring the attendance

of jurymen and witnesses at the trial; but the active interference of a

large body of the London police-force, sent down with a view to the

preservation of peace and good order, effectually prevented the success

of their schemes. Rumours were industriously circulated, as well before

the commencement of the proceedings of the special commission as during

their continuance, that a new rising was intended, to procure the

release of the prisoners from custody; and the most active preparations

were made to meet any outbreak which might occur; but it eventually

turned out, either that the reports were unfounded, or that the devisers

of the plots wanted the courage or the means to carry them into

execution. In Sheffield, Dewsbury, and many of the northern towns, the

Chartist agitation was kept up, avowedly without the least consideration

for the wretched prisoners; and, by the vigorous agency of the police,

the most atrocious plots were discovered and frustrated.

In the metropolis, too, the work of disaffection was apparent. Repeated

meetings took place, and schemes of the very worst character were

devised; and, on Tuesday the 15th of January, the government received

private information that an insurrection was to break out on that night

or on the following morning, and that the firing of London in various

parts was to be the signal for a general rising throughout the country.

Orders were in consequence instantly transmitted to the Horse Guards,

for the preparation of a sufficient force to repel any treasonable

attack which might be made; and here, as well as at all the barracks in

the vicinity of the metropolis, and at the Tower, the whole of the men

were put under arms. The metropolitan police-force and the city

constables received orders to be ready for immediate action, and the

London Fire-engine Establishment--a body of most enterprising and active

officers--formed into a fire-police, was placed in readiness to employ

their exertions to assist the municipal authorities to suppress the

supposed intended conflagration.

The alarm, which was necessarily spread through the metropolis in

consequence of these warlike preparations, however, turned out to be

without cause; for although on that night a very large meeting of

Chartists took place at the Hall of Trades, in Abbey-street,

Bethnal-green, there was no attempt at violence. The conduct of the

speakers at this assemblage, indeed, sufficiently showed the extremes to

which they desired their followers to go; and a subsequent meeting on

the following Thursday proved that they were not quite so harmless as

their apologists would have had it supposed. At this convention, held,

as it was announced, for the purpose of discussing the existing state of

the working-classes throughout the country, upwards of seven hundred

persons attended, the majority of whom seemed to be individuals of low

rank. At nine o'clock the committee came upon the platform, when Mr.

Neesom was called to the chair. After the chairman had detailed the

objects for which the meeting had been called, Mr. Spurr, who had on a

former occasion taken an active part in the discussions, rose to propose

the first resolution. After a few preliminary observations, he contended

that the only way to preserve the peace was to be prepared to wage war;

and in support of such an assertion he thought it would be well

deserving the attention of the meeting to bear in mind the words of a

celebrated person, "to put their trust in God, and keep their powder

dry," which was received with loud cheering. On silence being restored,

the speaker was about to proceed, but a body of police appearing at the

door with drawn sabres, caused the greatest possible confusion. The

chairman entreated the meeting not to be disturbed, as it was held on

constitutional principles, but in order not to give their enemies an

opportunity of succeeding, he hoped there would be no breach of the

peace committed. The police then, having blocked up every avenue leading

to the room, prevented all present from retiring, and proceeded to

search their persons. Daggers, knives, sabres, pistols primed and

loaded, and other weapons of an offensive character, were taken from

many of them, while upon the floor were discovered others of a like

description, evidently thrown away by their owners in order to enable

them to escape detection. Twenty-one of the persons who were taken into

custody on this occasion unarmed, were detained in the Trades Hall, and

eleven others, upon whom pistols and daggers had been found, were

removed to safe custody, in order to await their examination before the

magistrates. Upon subsequent inquiries taking place, several of them

were discharged, while, however, others, with new prisoners subsequently

secured and identified as parties to the meeting, were tried and

convicted at the Old Bailey Sessions, and sentenced to various terms of

imprisonment.

The accounts received from some of the country districts also, showed

that the conduct of the Chartists there was still more alarming;

although from the vigilance of the police, and the constant watch kept

on their movements, all serious mischief was prevented.

At Sheffield a plot of a most fearful description, which had for its

object the burning of the town, was discovered to have been formed, and

considerable preparations towards carrying this diabolical attempt into

execution were found to have been completed. The magistrates immediately

procured the assistance of the military, and the most anxious exertions

were made to render any attack which might be attempted futile. It was

ascertained that a midnight meeting was to be held among the Chartists

on the night of Saturday, the 11th of January; and Colonel Martin,

commanding the troops in the vicinity of the town, was called upon by

the magistrates to render them such assistance as should be necessary to

prevent any outbreak. In the outskirts of the town it was found that the

Chartists had assembled in great numbers, and were prepared to undertake

any mischievous attack which might appear to their leaders to be proper.

The police, who were stationed in the roads to gain intelligence of

their proceedings, were repeatedly fired upon and wounded; and one

individual, who, from his dress, was mistaken for one of their body,

received no fewer than twenty-seven slugs in his neck and shoulders from

repeated discharges at him. In the course of the night a great many

persons were taken into custody, and a large quantity of muskets, pikes,

daggers, a species of instrument intended to impede the progress of

horse-soldiers, with three long and sharp prongs, called a cat, with

powder, balls, and hand-grenades, were secured. In the darkness of the

night large bodies of men, armed with muskets and spears, were seen

moving from various points towards the town; but, upon their approaching

as far as the pickets which had been thrown out, they appeared to come

to the conclusion that their scheme had been discovered, and that

therefore their attack would be repelled, and they turned back and

marched off into the country districts. During the whole of Saturday

night and of Sunday, the greatest degree of excitement prevailed

throughout the neighbourhood of Sheffield, and frequent seizures of

combustibles and arms took place in houses in the suburbs.

The prisoners who were taken were instantly conveyed before the

magistrates for examination, and Samuel Holberry, Thomas Booker, his son

William Booker, James Duffey, William Wells, John Marshall, Thomas

Penthorpe, Joseph Benison, and William Martin, were eventually committed

to York Castle for trial.

Throughout the whole week, great alarm prevailed among the well-disposed

inhabitants of the town; and the military continued in possession of the

principal places of strength to prevent any new effort against the

public peace.

The exhibition of violence on the part of the Chartists, however, was

not confined to Sheffield; but at Dewsbury a simultaneous rising took

place. On the Saturday night the town was seized by a number of armed

men; and the private watchmen, six in number, were compelled to fly. Mr.

Hale, an inhabitant of the town, who was acting as inspector of the

watch, was fired at, although without effect, and the mob kept the

neighbourhood in a state of terror during the whole night by the

constant discharge of fire-arms. In Heckmondwicke, and other villages,

similar scenes were enacted; and it was afterwards learned that the men

who thus disturbed the public peace, were proceeding to join the

Sheffield Chartists, but before morning all of them had dispersed.

While these disturbances, however, had occupied the attention of the

authorities in the North, in London the government and the law officers

of the crown had been occupied in determining the fate of the prisoners

under sentence at Monmouth. The questions for the consideration of the

judges, reserved at the time of the trials of Frost, Williams, and

Jones, for in each the same points arose, were argued before the fifteen

judges in the Exchequer Chamber; and after a most lengthy and learned

discussion, extending through three days, the case terminated on the

afternoon of the 28th of January.

The conclusion arrived at by the judges was communicated by the Lord

Chief Justice of the Common Pleas to the Home Secretary, in the

following letter:--

"Westminster-hall, 28th January, 1840.

"MY LORD--I have the honour to inform your lordship that the

argument upon the three cases of The Queen v. Frost, The Queen _v._

Williams, and The Queen _v._ Jones closed this afternoon, and that

the judges, after considering the subject, have come to the

following determination upon the two questions which have been

argued before them, viz:--First--A majority of the judges, in the

proportion of nine to six, are of opinion that the delivery of the

list of witnesses was not a good delivery in point of law.

"But secondly--A majority of the judges, in the proportion of nine

to six, are of opinion that the objection to the delivery of the

list of witnesses was not taken in due time. All the judges agreed

that if the objection had been made in due time, the effect of it

would have been a postponement of the trial in order to give time

for a proper delivery of the list. The result, therefore, of the

determination of the judges is, that the conviction is right.

"I have the honour to remain, my lord, your lordship's faithful and

obedient servant,

"N. C. TINDAL.

"The Lord Marquess of Normanby, &c. &c. &c."

On the day following the receipt of this communication, at a Privy

Council which was held, it was determined that the lives of the convicts

must be forfeited to the laws of the country, and the following letter

was transmitted to Monmouth:--

"Whitehall, January 29, 1840.

"SIR--I am to signify to you the Queen's commands that the

execution of the sentence of Death, passed upon Zephaniah Williams,

John Frost, and William Jones, now in the jail at Monmouth, be

respited until Thursday the 6th day of February next. But the

prisoners are to be distinctly informed that the sentence of the

law will then be carried into effect.

"I am, sir, your obedient humble servant,

"NORMANBY.

"To the High Sheriff of the County of Monmouth."

The governor of the jail, in obedience to these instructions, delivered

a copy of this letter to each of the prisoners, and they appeared

perfectly composed, and as if they had never entertained any hopes of

mercy being extended to them. Every exertion had been made in the

metropolis in the meantime with a view to procure the mitigation of the

sentence of the prisoners. Petitions from all classes poured in to the

Home Office; but all were declared to be of no avail, and it was not

until Friday evening, the 31st of January, at a late hour, that her

majesty's ministers came to a resolution to spare their lives. Sir

Frederick Pollock used his greatest efforts to procure this desirable

end; and having had no fewer than six interviews with Viscount Melbourne

upon the subject, he had given up his task in despair, when, urged by

Lord Brougham once again to see the premier, the learned and

indefatigable advocate retired with the promise of her majesty's

ministers, that the crimes of Frost and his two wretched partners in

guilt should not be expiated on the scaffold.

On the following evening an express was sent off to Monmouth, bearing

intelligence of this decision on the part of the government; and on

Sunday night it arrived in that place. The reprieve, however, was

accompanied by an order for the immediate removal of the prisoners to

the hulks; and a military escort having been procured, at half-past one

o'clock on Monday morning, the prisoners were roused from their beds,

informed for the first time of their altered fortunes, and ordered

instantly to prepare themselves for their removal. The wretched men had

already taken leave of their families, supposing death to be inevitable,

and their first feelings at their escape can be well imagined. They were

now supplied with refreshments: and at two o'clock they were hurried

into the prison van, and, escorted by a troop of lancers, were conveyed

to Chepstow, and there put on board the Usk steamer, to be carried to

Portsmouth, from whence they were to be transported for life.

In the course of the time during which the prisoners lay at Portsmouth

awaiting the sailing of a vessel for New South Wales, renewed attempts

were made to procure their freedom. Petitions from many districts,

numerously signed, were presented, in which the impolicy of tarnishing

the annals of a month in which the nuptials of the young queen were to

be celebrated was urged; and even parliament was occupied with the

discussion of the propriety of the steps taken by the government. In the

House of Commons and in the House of Lords motions were made with a view

to obtaining the pardon of the prisoners, but the ministers of the

Crown, in a wise exercise of the duties of their office, strengthened in

their opinion upon the case by that of the learned judges, before whom

the prisoners were tried, declined to recommend that Her Majesty should

make any farther alteration in the sentence of the prisoners. The

following letter, conveying the sentiments of the judges upon this

occasion, was produced in both Houses of Parliament:--

"Westminster-hall, January 31st, 1840.

"MY LORD--As to the law, the uniform practice has been, so far back

as we have any means of knowledge, that if the judge upon the trial

of an indictment feels any serious doubt as to an objection that

occurs in point of law, he decides the point against the prisoner,

and allows the trial to proceed, reserving such point of law, in

order that he may take the advice and opinion of all the other

judges thereon. After consulting them, and hearing argument thereon

(if thought necessary) the opinion of the judges is taken, and that

of the majority binds the judge who has reserved the question. If

that opinion should be against the prisoner, the law is suffered to

take its course, and the sentence which has been passed remains. If

the opinion of the judges is in favour of the prisoner, the

constant course is for the judge who tried the prisoner, and passed

the sentence, to apply to the Secretary of State for a free pardon.

And this course in no way depends on any consent, express or

implied, on the part of the prisoner; the judge pursues it at his

own discretion, and decides the point for the present against the

prisoner, giving him the benefit of further consideration and

advice with the other judges. And this course is pursued for the

manifest purpose of preventing a failure of justice; inasmuch as if

the judge decided under his immediate impression, supposing it to

be in favour of the prisoner, and directed an acquittal, there

could be no new trial, although upon reference to the other judges

his own opinion was held to be wrong. On the other hand, if the

opinion of the judge is at the time unfavourable to the prisoner,

it can be reserved by that course, and if erroneous set right.

"With respect to the statement in the memorial, of what took place

at the trial, so far as relates to ourselves, we cannot but remark,

that the learned counsel labour under a complete misapprehension,

at which we are the more surprised, as we expressly stated that no

distinction would be made between this and other cases tried at the

assizes, but that it must follow the ordinary course.

"At the time of the discussion, we all of us entertained serious

doubts, more or less strong, on the objection that was raised

before us. And if the law had obliged us to come to an immediate

and final decision, without the power of consulting the judges,

which the law does not, we were not prepared, without much further

consideration, nor without hearing the argument on the part of the

Crown concluded, to come to any determination on the point. We

therefore followed the ordinary course pursued on similar

occasions, decided the point against the prisoner by allowing the

trial to proceed, subject to the revision before referred to.

"We beg to inform your lordship, that we think the circumstance

stated and relied on in the memorial; viz., that two of the judges

under the special commission ultimately declared their opinion in

favour of the objection, does in our judgment make no difference

whatever; nor do we think that any inclination in their minds at

the time of the trial ought to affect the question; the law is

taken from the majority of the judges when consulted.

"Under the circumstances above mentioned, we beg leave to represent

to your lordship, that in our opinion there is no ground whatever

to entitle the prisoner, John Frost, to a free pardon.

"N. C. TINDAL.

"J. PARKE.

"J. WILLIAMS.

"To the Most Noble the Marquess of Normanby, &c."

While these proceedings were going on in London, on the 26th of January,

Bradford, in Yorkshire, was made the scene of acts of conspiracy against

the government; but as the particulars of this affair appear in the

allusion to the trial of the conspirators, which we make hereafter, we

shall not here further refer to it.

The trial of those prisoners whose names we have already mentioned as

having been parties to the Sheffield conspiracy, came on at the York

assizes on the 16th of March, before Mr. Justice Erskine.

The court was at an early hour besieged by parties anxious to obtain

admission. In a part of the hall a great number of pikes, knives,

daggers, and fire-arms of various kinds, were laid in readiness to be

produced at the trial. On the table in the court was a large basket

containing pistols, muskets, balls, powder, and shells of various kinds,

some of them nine or ten inches in diameter, and bound round with great

quantities of pitched twine.

At nine o'clock his lordship entered the court, and was immediately

followed by the Attorney-General (Sir John Campbell) who had gone down

specially to conduct these prosecutions.

Samuel Holberry, Thomas Booker, William Booker, and James Duffey were

put to the bar. Wells, included in the same indictment, had pleaded

guilty.

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