Part 81

"The usual course of the public-office was for some of the magistrates to give daily attendance there from about eleven in the forenoon to three or four in the afternoon, for the despatch of business; but it appeared that for some time before the day in question not only were they there in the day-time, but that some of them staid to a late hour at night.

"The officer in command at the barracks (three-quarters of a mile off) used to call twice a-day at the office, to communicate with the mayor on the state of the peace of the town; nor should it be omitted, that an excellent understanding was kept up between the civil and military authorities, and that on every occasion when the soldiers had been called upon to act in aid of the civil power, the assistance required was both promptly and efficiently given.

"Some of the magistrates resided in the town; Dr. Booth's house, for instance, was about six minutes' walk from the public-office; the mayor and some others lived in the suburbs; while the houses of a few were still further off; George Redford, the prison keeper, lived at the public-office--a well-known, confidential, and intelligent man of business.

"Such was, in general, the state of things at Birmingham, when, in the forenoon of the day in question, a bellman was heard in several of the streets, crying a Chartist meeting to be held that day at Holloway-head at one, or, as it was differently reported, at half-past twelve and half-past six o'clock. Holloway-head and the Bull-ring, about a mile from each other, were the usual places of holding such meetings.

"It appeared, also, that at eleven o'clock of the forenoon the following letter was sent to Captain Moorsom, a special constable of the borough, who had acted as the medium of communication between the ward leaders and the magistrates, viz.--

"Public-office, Monday July 15, 1839, 11 a.m.

"'Dear Sir,--The magistrates here assembled are desirous, with your permission, to avail themselves of the advantage of your aid and means in watching and ascertaining the character and proceedings of the meeting, should one take place, at Holloway-head. Some magistrates will be in attendance at this office, and quite prepared to act according to circumstances, and to the nature of the information you may transmit to them. This is a precautionary measure which the magistrates feel it incumbent upon them to adopt, although they venture to anticipate a peaceful issue. They would not have felt themselves warranted in taking this liberty, but from the encouragement they have derived from your uniformly courteous, able, and kind co-operation with them during the existing troubles.

"'I remain, dear Sir, yours faithfully, "'Captain Moorsom, R.N.'" "'J. K. BOOTH.

"On receiving the letter at noon. Captain Moorsom arranged with the Edgbaston ward leader that proper men should be appointed to convey information to the public-office as to the character of the meeting, while he himself watched its proceedings; but nothing occurred to cause any apprehension. By two o'clock about three hundred persons had assembled at Holloway-head; in an hour or so afterwards the numbers had diminished, and seemed to Captain Moorsom to be quite insignificant.

"About this time Colonel Chatterton, of the dragoons, called as usual at the public-office, and was told by the mayor that there was no occasion to keep the soldiers at the barracks in readiness, since, from all he heard, the town was quiet. Hence it appeared that the mayor set no value on the information of Mr. Coburn, who had told him in an earlier part of the day that from what had been said in his hearing the day before, at a meeting at Holloway-head, disturbance was to be expected at night.

"At five o'clock the mayor left the public-office to go home to his own house, about a mile-and-a-half off, the other magistrates having left before him; and before going away he gave express directions to George Redfern, the prison-keeper, that if magistrates were wanted he was to send or go for him or Dr. Booth.

"It further appeared that later in the evening, about seven o'clock, a great number of persons (probably about one thousand) was assembled at Holloway-head, and these, instead of dispersing when they left the ground, proceeded in a body towards the Warwick-road, to meet (as was supposed) two Chartists who had been bailed out of prison that day, and were expected to return to Birmingham that night. From some cause or other, never satisfactorily accounted for, a mob of men and boys came back from the Warwick-road, and suddenly arrived by hundreds in the Bull-ring, about half-past eight o'clock; there they violently set fire to several valuable premises, burned and destroyed a great deal of furniture and other property, broke many of the windows of the public-office (a little way off), and having done the work of destruction uninterruptedly for not less than an hour, at last they gave way and retired, either seeing the police had turned out against them, or expecting the speedy arrival of the military.

"It is here to be observed that Captain Moorsom had been watching the proceedings of the people at Holloway-head (in the evening), till he saw them go away; then, thinking they might have adjourned to the Bull-ring, while in fact they had passed it on their left, he went to the Bull-ring, and finding nothing that to his mind indicated disturbance, about eight o'clock he proceeded to the public-office to report what he had witnessed, and ascertain from the magistrates what were their arrangements for the night; but though he asked for a magistrate he did not go or send for one; and having told the superintendant of police, whom he saw there, that everything was quiet, he returned home about a quarter before nine, after expressing his opinion to the Edgbaston ward leader that there was no fear of disturbance. George Redfern, the prison-keeper, staid at the public-office till some time after eight, when a constable came in and asked for the magistrates, adding that the town was in an excited state. On hearing this he lost not a moment, but set off to Dr. Booth's, and thence to the mayor's. He found both of them at home; and the mayor having joined Dr. Booth at his house, they proceeded to the barracks as quick as they could, called out the military, and accompanied them on horseback to the Bull-ring. Whilst George Redfern was thus away for forty-two minutes, and after he returned to the public-office, the superintendant of police was repeatedly called upon to act against the rioters, but he steadily refused, in consequence of orders that without the military or a magistrate's sanction the police were not to go out, nor, in fact, did the police begin to act at all till Mr. Walker (a magistrate) came to the public-office, and with him they went against the mob soon after half-past nine. It was the opinion of some, that had the police gone out and acted earlier the mob might have been dispersed, or at least that the property thus destroyed by the rioters might have been defended; but it appeared a very doubtful question.

"Upon such a state of facts, though the evidence will supply a great deal more in relation to the issue, the mayor and magistrates are charged with neglect of duty.

"Now, the case must be looked at as it presented itself to the mayor and magistrates at the time, and not as if they could have foreseen the extent of calamity, which their want of preparation, their absence from the public-office, or any other circumstances may be thought to have occasioned.

"Believing then that they acted with perfect good faith throughout, and considering besides that they took reasonable measures to watch the proceedings of the Chartists at Holloway-head, that they relied on information which led them to apprehend no disturbance or outbreak, that on leaving the public-office in the afternoon at five, the mayor gave directions to George Redfern, the prison-keeper, to send or go for him or Dr. Booth, if magistrates should be wanted; and taking into account that the mayor and Dr. Booth were each of them at home when George Redfern came for them, I am of opinion that under all the circumstances, the mayor and magistrates were not guilty of neglecting their duty on the occasion referred to in the memorial.

"The general orders to the police, which prevented them from acting when first they were called upon to do so, I think ought not to have been given; but it is reasonable to believe that the mayor and magistrates laid on the restraint purely out of consideration to the men themselves.

"I have, &c. "DAVID DUNDAS."

This was a report which entirely exonerated the magistrates from all blame; and leaving this part of the case, we shall now proceed to the trial of the persons implicated in these transactions, which took place at the Warwick assizes, in the month of August, in the same year.

On Thursday the 1st of August, a lad named Perry, was first tried for breaking into the house of Mr. Horton, the silversmith, and stealing a silver sugar-basin; but he was acquitted. In a second indictment, the charge made was that he had received the basin well knowing it to have been stolen. The evidence went to show that the basin had been found in his possession, and that he refused to give it up; but it appeared that he had picked it up, and the jury acquitted him, discrediting the allegation of his felonious intention.

On the next day John Neale, William Shears, John Storey, William Edes, and Frederick Mason, were tried upon an indictment charging them with being parties to the riot of the 4th of July, and a verdict of "Guilty" returned.

On Saturday the 3rd of August, Jeremiah Howell, aged thirty-four; Francis Roberts, twenty-six; John Jones, twenty-one; Thomas Aston, fifteen; and Henry Wilkes, twenty-one; were put upon their trial. The indictment charged them with having at Birmingham, on the 15th of July 1839, with other persons to the number of two thousand, unlawfully and feloniously assembled, to the disturbance of the public peace, and with having feloniously pulled down and demolished the house of James and Henry Bourne. The evidence showed the implication of all except Wilkes, and with that exception the prisoners were found guilty.

On the same day John Collins, whose name has been already alluded to, was called in and arraigned upon an indictment preferred against him. The indictment recited that there had been an unlawful assembly called together in the town of Birmingham on the 4th of July, and that George Masters and John Hugh Sweeting, being officers of the London Metropolitan Police, and being duly sworn in as special constables, did, by order of the magistrates, remove such unlawful assembly; and then it alleged that John Collins, being a wicked, seditious, and disaffected person, and endeavouring to bring into hatred and contempt the police force, and to excite tumults amongst the Queen's subjects, did cause to be written and published a certain false, scandalous, and malicious libel on the police and the administration, which were the resolutions of the National Convention. These resolutions were then set forth.

The libel was proved to have been taken to the printer by the prisoner, and to have been printed and posted through the town by his directions. It was in the following terms:--

"_Resolutions unanimously agreed to by the General Convention._

"Resolved--1. That this Convention is of opinion that a wanton, flagrant, and unjust outrage has been made upon the people of Birmingham by a bloodthirsty and unconstitutional force from London,

## acting under the authority of men who, when out of office, sanctioned

and took part in the meetings of the people, and now, when they share in the public plunder, seek to keep the people in social slavery and political degradation.

"2. That the people of Birmingham are the best judges of their own right to meet in the Bull-ring or elsewhere, have their own feelings to consult respecting the outrage given, and are the best judges of their own power and resources to obtain justice.

"That the summary and despotic arrest of Dr. Taylor, our respected colleague, affords another convincing proof of the absence of all justice in England, and clearly shows that there is no security for life, liberty, or property, till the people have some control over the laws they are called upon to obey.

(By order)

"W. LOVETT, Sec.

"Friday, July 5, 1839."

The prisoner was found "Guilty," but recommended to mercy on account of his former good character.

On Tuesday, William Lovett, who was the secretary to the National Convention, was tried upon a similar indictment, charging the publication by him of the same libel; and after a long and impartial trial, in which the prisoner defended himself with much tact, a verdict of "Guilty" was returned.

Several other prisoners were, during the ensuing week, found guilty of riot, but the prosecutions against many were withdrawn.

On Thursday morning, the 8th of August, Mr. Justice Littledale passed sentence on the prisoners against whom convictions had been recorded.

Jeremiah Howell, Francis Roberts, and John Jones were first placed in the dock.

The Clerk of the Arraigns asked the prisoners what they had to say why sentence of death should not be passed upon them.

Mr. Justice Littledale then put on his black cap, and addressed them. They had been convicted of felony by a jury of their country, for demolishing the house of James and Henry Bourne, of Birmingham. This offence, by the policy of our law, had for many years been punishable with death; and though of late years many offences which were before capital had, by the humanity of the legislature, been mitigated, the punishment for that offence had not been reduced, and it was still thought proper to retain the punishment of death for it. Even at this time, as to such offences as remained capital, where there were any alleviating circumstances, mercy was usually and properly extended. But, he regretted to say, that their offence was not one of that description, nor could he, in the discharge of his public duty, honestly recommend them to mercy. They had been aware that Birmingham had for some time been in a very excited state. Riots had from time to time occurred, which it had been found very difficult to suppress, till at length on the 15th of July they reached their highest pitch--houses were then demolished and burnt, property to a great value destroyed, and, but for the interposition of a superior force, the mob might have had possession of the town, and a much greater amount of property might have been destroyed, and many lives sacrificed. In this act of demolition the prisoners unfortunately engaged themselves, and began the devastation. He therefore found it necessary, as far as lay in his power, to make an example of those who had been convicted, in order to prevent similar outrages in Birmingham and other parts of the kingdom where such things might be contemplated. He hoped that some benefit to others, at least, would result from their sad example, and that those who should hear the account of these lamentable outrages and their result, would be warned by it from the commission of similar offences. But although he could hold out no hope of mercy here, there was for them a hope of obtaining it in another world from that Almighty Being who understood all hearts, and was always disposed to grant it where there was an humble and true repentance. Their time here was fast approaching to its end, and they must be prepared to meet their God. He entreated them to employ that time in true repentance for all their offences, and endeavour to obtain, through the merits and intercession of our Saviour Jesus Christ, that mercy from God which they could not hope for from man. It now only remained for him to pronounce the awful sentence of the law, which was, that they, Jeremiah Howell, Francis Roberts, and John Jones, be severally taken to the place from whence they came, and that they be severally taken from thence to the place of execution, and there severally hanged by the neck till they were dead; and (concluded the judge) may the Lord, in his infinite mercy, have mercy on your souls.

Thomas Aston (the lad who was convicted for the same offence as the other prisoners) was then brought to the front of the dock.

Mr. Justice Littledale said, in his case it did not appear to him that the awful sentence of the law, which would be recorded against him, should be carried into effect, and his life would probably be spared. He would take time to consider for what his sentence should be commuted.

John Neale, William Shears, William Edes, Eleazer Hughes, and James Pomeroy, convicted of misdemeanour and riot, were next placed the dock.

The learned judge, after commenting on the offences of which they had been found guilty, said he found it necessary in their cases, and in order to discourage such scenes of tumult, the consequences of which, when once begun, no man could foresee, and protect life and property in Birmingham and elsewhere, to inflict a severe punishment. He, therefore, sentenced them severally to eighteen months' imprisonment in the House of Correction, and hard labour.

The following prisoners, convicted of the same offence, some of whom pleaded guilty, and in favour of whom there were mitigating circumstances, were then placed at the bar, and received the following sentences:--

John Drinkworth, twelve months' imprisonment and hard labour.

James Rhodes, nine months' imprisonment and hard labour.

John Storey, Frederick Mason, and Thomas Salter, six months' imprisonment and hard labour.

John Taplow, for the same offence (who pleaded guilty), one month's imprisonment and hard labour.

John Smith, William Clift, and Thomas King, were discharged on entering into their own recognizances in 40_l._ each to appear and receive judgment when called upon.

John Collins and William Lovett were then brought up and asked why the court should not pronounce sentence upon them for the misdemeanour of which they had been convicted?

Mr. Lovett addressed the Court:--Because, in the first place, he was convinced that the jury were prejudiced against him. He had it from very good authority that several of them declared their express wish that all the Chartists should be hanged. That, he submitted, was a very good reason for a lenient sentence. His lordship would also take into consideration the evidence on the trial, and the proof of the facts set forth in the placard, combined with the prejudiced feelings of the jury--circumstances which ought to weigh much in the present case.

Mr. Justice Littledale then addressed the prisoners. They stood severally convicted of having published a seditious libel. He had taken all the circumstances of the case into his serious consideration. John Collins had received a good character, and the jury, on that account, had recommended him to mercy. In Lovett's case, the jury did not so recommend. At the same time he observed, that Lovett had received a very good character, and though the jury had not recommended him to the merciful consideration of the court, he would not on that account make any difference in their sentence. The sentence of the court was, that they be severally imprisoned in the common jail of this county for one year.

They applied to be imprisoned on the debtors' side; but the learned judge said he had not the power to make such an order.

The business of the assize was then closed.

The final merciful consideration of the cases of the convicts who had received sentence of death, exhibited the leniency with which the government desired to deal with their offences, in spite of their enormity. On Thursday the 15th of August, a large deputation of members of parliament waited upon the minister of the crown within whose department of office the subject came, for the purpose of soliciting mercy for the condemned men. They happily succeeded in their philanthropic object, and a reprieve was instantly despatched to Warwick. It was felt, however, that although the punishment of death was removed, the infliction of a severe penalty was rendered necessary by the enormity of the offence, and the sentence of the prisoners was commuted only to transportation for life.

It would be impossible in the space to which we are limited, to go through the cases of all the persons who were convicted in the course of the years 1839 and 1840, for their advocacy, by the violence of their language, or of their deeds, of the cause of Chartism. Throughout the greater part of the manufacturing districts of England, the agitation which prevailed upon this subject was very great, and repeated and frequent acts of violence were committed, the participators in which suffered the penalties of their offences; but to recite each particular case would be little more than to repeat the same details.

The events of the latter end of the year 1839, when a most systematic and violent attempt was made to seize the town of Newport, in Monmouthshire, by an organised band of Chartists, will be found to be hereafter described; and for a more complete view of the abominable conspiracy which existed in reference to the advancement of the cause of Chartism, we must refer our readers to the article in which the riots of Wales are delineated.

[Illustration: _Manchester Massacre._]

THE CHARTIST RIOTS 1839-40.

The riots which took place at the end of the year 1839, in the manufacturing districts of England and Wales, will long be remembered as among the most serious and violent popular commotions which have occurred in this country in the course of the current century. The Chartists, whose proceedings we have already alluded to, are alone answerable for the mischievous "risings" to which the country was made the prey, and many of them have paid the forfeit of their offences by the infliction of the punishments of transportation, fine, and imprisonment.

Among the most distinguished of the Chartist leaders, who were concerned in the Newport outbreak, which was the most serious of those to which public attention was directed, was Mr. John Frost, who previously to the time of his connection with these proceedings had been a magistrate, and a respectable inhabitant of the borough of Newport, in Monmouthshire. Mr. Frost was well-known to have long entertained political feelings extending to the extreme of radicalism; but, considering the situation of trust which he had held in his native town, it was scarcely deemed possible that he should be engaged in proceedings, the declared object of which was to subvert the government of the day.

Preparatory to entering into a description of the circumstances immediately attending the great Chartist movement against Newport, we shall give a short narrative of the life of Mr. Frost. At the time of his conviction, in the month of January 1840, he had just attained the age of fifty years; his birth, therefore, must have taken place in the year 1790. At an early period of his life he was deprived of the paternal care of his father, and the direction of his education devolved upon his maternal grandfather, a boot and shoemaker at Newport, in extensive business. The schools of Bristol it was found, afforded far better means of education than those of Newport; and, to obtain the benefit of them, Frost was sent to the former place, where he sedulously laboured to avail himself of the good opportunities which were so considerately and timely offered to him.