Part 85
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.
The prisoners were charged with a conspiracy to violate the law, to 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.