create insurrection, and to disturb the public peace. The inquiry
extended to a very great length, but the most interesting evidence was
that of one of the associates of the prisoners, named Samuel Powell
Thomson. He said, "I had been in Sheffield about three years in January
last. I became a member of the Secret Association the first or second
Sunday after the disturbance in Wales, some weeks before Christmas. I
belonged to a class held at Valentine Benison's, in the park. I attended
meetings from time to time there and at other places. There was a room
in Figtree-lane. There were two sorts of meetings, one a public
meeting, to which any one was admitted, the other a secret one for those
who were made members. I knew Samuel Holberry. I got acquainted with him
the latter end of August or the beginning of September. He attended the
meetings in Figtree-lane. I saw him on Sunday, the 5th of January; it
was at his own house. There were some other men I had seen at the
Chartist public meetings. Holberry said he had been to Dewsbury, and he
was happy to tell us that the day, and the hour, and the moment were
settled when a unanimous rise would take place, but only two people in
each town were to know the time. He had pledged his word, he said, that
no place of worship should be destroyed, and no provision stores. We
then went to the room in Figtree-lane, where there was a party of
members belonging to the Secret Association. Holberry repeated what he
had previously said, and said the time would be short, but he was not
allowed to make it known to any but two. He said he had another journey
to go, and would want some money. He had to go round by Nottingham and
that district. He mentioned Sutton and Ashfield. We began to make a
subscription of 10_s._ or 11_s._ I gave sixpence." The witness having
detailed the occurrences at subsequent meetings at which he was present,
and at which the quantity of arms in the possession of the conspirators
was calculated, went on to say:--"On the Saturday Boardman desired me to
come to the Figtree-lane room about three o'clock. I went and found
several men there, one of the name of Cooper. Samuel Holberry came; he
told us to follow him. We went to a public-house in Lambeth-street. We
went into the lodge-room up stairs. We found a person of the name of
M'Catterick and others. Holberry spoke; he stated that the first thing
to be done was for us all to assemble, and be at the Town-hall and
Tontine exactly as the clock struck two, as they were first to be taken.
That the classes were to come up to take them. One was to come up first
from every class, and then two, and then the whole body. Boardman said
he could bring about fifty. I said I could bring fifty. M'Catterick said
he could bring about forty. Duffy said he would bring sixty-four. The
Irishmen present began to talk about getting arms. It was decided that
they should go to the shops where weapons were exposed for sale, and
break them open. They were to shut the gates of the Tontine, and
barricade them with the coaches. In the Town-hall, one part was to
occupy the lower floor and the other the upper. They began to talk about
the "cats." It was decided that they should be thrown between the
barracks and the Tontine. Holberry said, that he and eight others would
go, after the soldiers were called out, and fire the straw chamber. One
was to climb the spout and throw a fire-ball into the straw-chamber.
They were also to fire the riding-school. The ones and twos who were to
come up first were to assassinate all the watchmen they met. We remained
in Lambert-street till nearly six o'clock. Holberry said they had agreed
as to what was to be done, but they had not agreed provided they were
put off. In that case they were to 'Moscow' the town. I was in company
with fourteen or sixteen belonging to my class. I took these men to
Burke's class, in Mill-lane. They were generally armed. William Wells
brought three daggers, and gave them to me; he wished the name to be
filed out. We remained at Burke's till two o'clock. Burke dipped some
torches in turpentine. A person came down from the council, which had
met at Lambert-street, and brought word we were to meet at the top of
Watery-lane. We set off thither, about twenty-four of us. We got there
near about three o'clock. We then came back to Tobacco-box-walk. We met
a few Irishmen of Duffy's class. They said they were seeking Duffy. I
accompanied them to Duffy's house. The people were armed with dirks, and
weapons of that sort; some with pistols. We then went to Burke's. We did
not find him at home. As I was coming from Burke's house to my father's
I was stopped by a policeman on the Ladies'-bridge, and taken to the
Town-hall. I have seen Booker at these meetings, I think on the Friday."
Cross-examined: I took a promise of secrecy. I remember the terms of it:
"Will you do all that lies in your power, even to the loss of your own
life, and the shedding of the blood of the tyrants?" That was the first
part. The person replies, "Yes." The second part was, "I do most
solemnly and sincerely promise, in the sight of Almighty God, and the
assembly here present, that I will assassinate any one who shall betray
the secrets of this meeting, and bear assassination if I should betray."
This was what I said; I revealed these secrets, but not till I was taken
as a prisoner. I consider the oath I have taken to-day binding on my
conscience. The witness was further cross-examined with a view to show
that he was unworthy of belief.
Several other persons were subsequently called, whose testimony was
corroborative of the statements which had been made, and the jury having
been addressed by the learned counsel for the several prisoners, a
verdict of "Guilty" was returned.
On the following day John Clayton, John Marshall, Thomas Penthorpe, and
Joseph Bennison, pleaded guilty to an indictment charging them with a
seditious conspiracy to procure arms and disturb the public peace in the
town of Sheffield, on the 12th of January; and William Martin was
convicted of uttering certain seditious words in the room in
Figtree-lane.
On the 18th of March the trial of the conspirators in custody for the
affair at Bradford took place.
Robert Peddie, William Brooke, Thomas Drake, James Holdsworth, and Paul
Holdsworth, were put to the bar charged with a seditious conspiracy to
oppose the law.
The most important evidence in this case was also that of an accomplice,
named James Harrison; and his testimony showed the implication of all
the prisoners in a plot to attack and burn the town. Peddie, who with
Marsden had come from Scotland, was to assume the whole command; and it
was agreed, that arms should be procured and other means taken to oppose
the constabulary and military forces. The statement of the witness as to
the arrangement for the attack was as follows:--
"They were to meet at the Green-market, as near two o'clock as possible,
but not later. When they got to the Green-market, they were to take
possession of the Bazaar and the Piece-hall for ammunition, and the
News-room was to be the depôt for the men. Peddie said they would soon
set the colliers to work, and make holes through the walls of the
News-room, to put the cannon through; and they were to get food and
clothes. After they had done with Bradford they were to take the cannon
and the baggage-carts with shoes, clothes, and provisions, and go to
Dewsbury. 'We shall gain strength,' he said, 'as we go; if we have five
hundred in the morning we shall have two thousand at night.' From
Dewsbury we were to make our way up to London. I went to the
Green-market a little after two o'clock. Peddie was there; George Flynn,
Isaac Holloway, and Paul and James Holdsworth. There were near thirty;
some had guns, some pistols, some pikes. Peddie had a belt with a pistol
and dagger. Peddie asked if I had seen Turner? I said I had not. Peddie
said 'I don't know what the man is doing to be so much out of his time.
I have had possession of the Green-market near half an hour. We have got
two watchmen prisoners,' and he pointed to the shed. I went across the
market to look at the watchmen. I saw Brook that night at the New Inn,
after I left the market. He was with another man, coming into the town.
He returned in about ten minutes. He asked me to take a walk through the
town, and see what was going on. On the way to the Court-house we met
some foot-soldiers; and at the Court-house the cavalry were coming out
of the yard. Brooke said 'It is a plain proof we're deceived, for the
magistrates know as much about it as we do ourselves.' We went down
towards New-street. We saw some people in the distance. Brooke said, 'I
have something about me; if these are constables I shall be taken.' We
were stopped, and Brooke was taken into custody. They searched me, and
let me go. I saw Paul Holdsworth on the Sunday evening, about nine
o'clock, in Nelson-street. I know Smith, an orange-seller. He lives down
a passage leading out of Nelson-street. Holdsworth was going there; he
had something in his hand like a brush-handle, about six feet long. He
was one of the sentries over the watchmen in the shed. James Holdsworth
was in the Green-market. He had a spear."
Other evidence was adduced, showing the intention of the Chartists to be
to secure the town; and that they had gone fully armed for the purpose
of attaining their object. Several of the witnesses admitted that they
were parties to the design, and that they were taken into custody; but
were subsequently induced to make a statement of the circumstances
within their knowledge.
For the defence it was argued that the whole story related, bore the
character of fabrication; and that none of the expressions imputed to
the prisoners, at all warranted the jury in coming to a conclusion that
they were guilty of sedition.
The jury, however, found a verdict of "Guilty." At the conclusion of the
assizes, the learned judge passed sentence upon the prisoners who had
been convicted:--
Samuel Holberry was sentenced to be imprisoned in the jail of
Northallerton for four years, and at the expiration of that period to be
bound, himself in 50_l._, and to find two sureties of 10_l._ each, to
keep the peace towards her Majesty's subjects. Thomas Booker, to be
imprisoned at Northallerton for three years, and to be bound, himself in
30_l._, and to find two sureties of 10_l._ each. William Booker, his
son, to be imprisoned two years at Northallerton, and to be bound in his
own recognizance in 20_l._, to keep the peace for two years. James
Duffy, three years in Beverley jail, and at the expiration of that
period to enter into his own recognizance of 20_l._, to keep the peace
for three years, and to find two sureties of 10_l._ each. William Wells,
one year's imprisonment, and at its expiration to enter into his own
recognizance of 20_l._ to keep the peace for one year. John Marshall,
Thomas Penthorpe, and Joseph Bennison, otherwise Benson, convicted of
riot, were sentenced to two years' imprisonment at Northallerton, and to
enter into their own recognizances of 20_l._ to keep the peace for two
years. William Martin, for using seditious language was sentenced to
twelve months' imprisonment, without hard labour, in the jail at
Northallerton.
Robert Peddie, William Brooke, Thomas Drake, and Paul Holdsworth, for
conspiracy, with intent to create riot at Bradford, were
sentenced--Peddie to be imprisoned in Beverley House of Correction for
three years, and to enter into his own recognizances for three years, in
the sum of 30_l._, and find two sureties of 10_l._ each. William Brooke,
three years' imprisonment in Northallerton House of Correction, and to
enter into his own recognizances of 30_l._ to keep the peace. Thomas
Drake, to be imprisoned in Beverley jail for eighteen months, and enter
into his own recognizances of 30_l._ for three years. Paul Holdsworth,
three years in Northallerton House of Correction, and the same
recognizances as Brooke.
John Walker, Joseph Naylor, John Riding, Phineas Smithies, Hutton, and
Rishworth, convicted of riot at Bradford, were sentenced to
imprisonment; Walker, Naylor, Riding, and Rishworth, for two years in
Wakefield House of Correction, and to enter into their own recognizances
of 30_l._ each, and Hutton and Smithies eighteen months in the same
place, recognizances 30_l._
In the course of the assizes many other convictions for sedition, for
seditious publications, and other offences of a like character, took
place.
At Monmouth, Henry Vincent and William Edwards, persons who were long
notorious for their opinions--the former of whom (as we have stated) had
already been convicted of an offence of a similar description, were
indicted for having conspired with John Frost, to subvert the
constituted authorities, and to alter, by force, the constitution of the
country.
The trial came on before Mr. Baron Gurney, on the 20th of March; the
case for the prosecution being conducted by Mr. Serjeant Talfourd, Mr.
Richards, and Mr. Whateley.
Several witnesses were called, whose testimony was adduced with a view
to show the nature of the language employed by the prisoners. Vincent
was the principal orator; but he was proved to have been supported by
Edwards and Frost. The tenor of his speech was condemnatory of the whole
course of proceeding of the government, with threats against both Whigs
and Tories; and it contained a declaration of the intention of the
Chartists to rise on the 6th of May in the year 1839 (the meeting being
held on the 1st of January), if the charter was not granted before then,
and send the ministers to "look for lodgings at New York."
The jury delivered a verdict of "Guilty;" but in consideration of the
long imprisonment which the defendants had already undergone,
recommended them to mercy.
They were sentenced, Edwards to fourteen months', and Vincent to twelve
months' imprisonment.
At Liverpool, on the 6th of April, R. W. Jackson, R. J. Richardson,
William Butterworth, and Bronterre O'Brien, were tried before Mr.
Justice Coleridge, on an indictment charging them with sedition.
The meeting at which the sedition was alleged to have been spoken, was
held on the 23rd of April, 1839, at Batty's Circus, Manchester,
pursuant to a placard which was posted through the streets. The four
defendants were there; and their speeches sufficiently indicated their
political opinions to be of the most violent description. Various
expressions were proved to have been used, by which the adoption of
force was recommended, and the jury found the prisoners "Guilty."
In the course of the ensuing three days, several other convictions for
sedition took place, at the same assizes, before the same learned judge.
Many prisoners, whose cases presented circumstances of a mitigating
character, were allowed by the government prosecutors to be discharged
upon recognizances to keep the peace; while others, who had been
convicted of being parties to riots, which had occurred at Wigan,
Bolton, and Ashton, were allowed to plead guilty, with a view to the
mitigation of their sentences.
On the 9th of April, Mr. Justice Coleridge passed sentence upon the
prisoners.
Richardson and Butterworth, who had long been known as connected with
the Chartists and their proceedings, were sentenced to be imprisoned in
Lancaster Castle for nine months, and at the expiration of that time, to
enter into their own recognizances in 100_l._, with two sureties in
50_l._ each, to keep the peace for three years. Upon Jackson being
placed at the bar, his lordship said "that it was a melancholy thing to
find a person of his station in society, attending such meetings as
those which had been referred to in the evidence. He was a minister of
religion, presiding over its services in a chapel where Christians met
for sacred worship; and yet he was found at a public meeting, using
language which one would have rather expected from the lips of one who
had been a follower of the camp, than a member of a sacred profession.
He had talked, if a constable came to his house to search for arms, of
presenting to him the sharp end of the pike, the muzzle of the gun, and
what came out of it. He must, in passing sentence, consider his station,
abilities, and power of injuring society." He was ordered to be
imprisoned for eighteen months, and to enter into his own recognizance
of 500_l._, with two sureties in 250_l._ each, to keep the peace for
three years.
Mr. O'Brien was next brought up. He was one of the most popular leaders
of the day, and was notorious for the active part which he had taken
throughout the whole of the proceedings of the Chartists. Upon his being
informed that a sentence of imprisonment would be passed upon him, he
implored the court rather to send him out of the country for life,
declaring that he had no hope of England in its present state. His
sentence was similar in its terms to that of Mr. Jackson.
Mr. Jackson was then sentenced to six months' further imprisonment on a
second indictment against him, and the following prisoners received the
judgments appended to their names for their participation in the
mischievous events which had recently before occurred.
George H. Smith, to be imprisoned in the House of Correction at Preston
for eighteen months, and to enter into his own recognizance in 500_l._,
with two sureties in 100_l._, to keep the peace for three years. John
Kaye, six months; recognizances in 200_l._, with two sureties in 50_l._
Christopher Doyle, nine months; recognizances in 300_l._, two sureties
in 100_l._ each. William Barker was sentenced to eighteen months'
imprisonment in the House of Correction at Kirkdale, with hard labour.
Frederick Davidson, six months, with hard labour. Samuel Scott, eight
months' imprisonment; to enter into his own recognizance in 100_l._,
with two sureties in 50_l._ each, to keep the peace for three years.
Charles Morris, twelve months' imprisonment; recognizances in 100_l._,
with two sureties in 20_l._ Daniel Ball, eighteen months' with hard
labour; similar recognizances. Peter Murdin, six months' imprisonment
with hard labour. William Willoughby, three months' with hard labour.
FEARGUS O'CONNOR, ESQ.
CONVICTED OF THE PUBLICATION OF A SEDITIOUS LIBEL.
The trial of Mr. Feargus O'Connor came on at York, before Mr. Justice
Coleridge, on the 17th of March 1840, when the Attorney-general appeared
to conduct the prosecution on the part of the crown. The information
charged the publication of two seditious libels in a newspaper called
the "Northern Star," of which the defendant was proprietor and editor,
upon the 13th and 20th of July in the preceding year.