Monmouthshire Merlin

SPECIAL COMMISSION AT MONMOUTH. TRIALS FOR BIGB TREASON. On Tuesday last, the day to which the Court adjourned on the 10th ult., for the trial of priaoners charged with HIGU TREASON, under the Special Commission, the influx of ttrangert into Monmouth was not as great as the public anticipated. The hotels were not crowded, and many parties who calculated on high remuneration for their lodgings, and held out for tempting offers, were disappointed. The minor hostelries were, however, filled by witnesses, and arrivals from the manufacturing districts, continued throughout tha day. Order and good arrangement were observable in every quaiter, and there appeared really as little excitement, as at ordinary Assizes. The military pacing their rounds, and the London police walking about, told the stranger that there was no want of preparation to meet danger if it approached, and repel any aggressions, if such were attempted to be made, upon the due administration of justice but all was calm and tranquil, and on the Judges entering the town, no groups were observed, but those congregated to have a look at My Lords' the Judges." Witnesses continued constantly to arrive from all parts of the county, particularly from Newport, and not the slightest effort was made to molest them, or to taunt them, even by a harsh expression. As to personal outrage, there appeared to be Dot the remotest idea entertained of attempting it. That it was apprehended by the au- thorities, was, however, plain, from this—that small parties of the Lancers were sent out at different timet in the day, for the purpose of scouring the country. Sir F. Pollock arrived in the town on Saturday, and the other barristers on the following day. The witnesses, for the most part, came on Monday and it being rumoured that there "II a probability of their being obstructed on the road, a company of the 12th Lan. cera procwded at far as Usk to accompany them but not the slightest symptom of such intentioa wtt exhibited. The Learned Judges arrived also in the course of the day. At at the opening of the Commission, it had happened that a man, in pressing forward to I" the pritoners alight at the Court-house, was accidentally wounded by a soldier's bay- onet, it was considered right to have wooden barriers made outside the court, which would be sufficiently wide to admit the pritoners from the prison van, without the possibility of any each accident again occurring. In the interior of the court itself several alterations were made by order of Lord Granville Somerset, J. F. Vaughan, Major Marriott.and the Mayor T. Dyke, Esq., the object of which was to give increased accommodation to the Keporters. Shortly after nine o'clock on Tuesday morning the bugle sounded, and Lancers were seen advancing from their several quarters, who, with the infantry stationed iat the vicinity of the Ceart-house, were reviewed in the square by their several officers. The infantry tiled off end returned to the guard-room, while the Lancers continued mounted and under arms. A aeetioa of the London police, under the command of Captain Marest, marched up to tire court. They were stationed along the avenues and stairs leading to the court, and beyond tbe outer iron gates. At this hour. applications for admission became rather importunate. The police discharged their duty firmly, but respectfully, towards all, admitting none but Meh at were provided with tickets. At half-past nine the van for conveying the prisoners from the gaol to the court-house left the Beaufort Arms, followed by twenty-seven Lancers, under the command of Lieutenant Bernard. Mr. Ford, the governor of the gaol, met the van and its escort at the avenue leading to the gaol, and having received the authorised order for the transmission of his Critonert, he directed the officer to turn out the Rifles, who were on duty in the gaol, and aving enfiladed the passage from the gaol gate to the spot where the van was drawn up, which was a distance of about twenty yards, and Lieutenant Bernard having surrounded that portion of the road in the vicinity of the van, so as to render all access by strangers ioipottible, be returned to the gaol for the purpose of bringing out the prisoners, who had been previously hand-cuffed and secured by chains together, in two separate parties of six each. Frost and Waters were in advance of the first party, escorted by the gaoler. Frost walked forward with a steady gait, and a firm, fixed countenance. Although he did not evince tbe least shrinking, yet he showed a strong sense of the awful situation in which he was placed. There was little alteration in his appearance when he was arraigned, with the exception that he was somewhat emaciated, the effect, no doubt, of his close imprisonment. Mr. Frost bowed most gracefully to a gentleman who was standing under the arch leading to the gaol. Hit appearance, and that of his fellow prisoners, elicited from the bystanders tome 8Xpreuione of regret and compassion. The expressions appeared to have reached their eara, at then, for the first hme, there was a visible alteration in their countenances.— They became more animated. Not a single expression escaped their lips at the time, but each prisoner teemed anxious to letson the pain or annoyance which might be caused to hit flllo".priloner by the hand-bolta or chains. As soon as the first party of prisoners were secured in the van, Mr. Ford returned for the remaining prisoners. Zephaniah Williams and Waters were the first two of this party. Williams has rallied wonderfully. He appeared quite unshaken, without the slightest symptom of bravado; both he, Waters, and their companions, evinced a manly bearing but they, as well as the others, manifested a consciousness of their truly serious situation. Williams, Waters, and Morgan saluted the few persons permitted to remain within the yard of the gaol. The van having been secured, and the several turnkeys having taken their places in the front seat, it was surrounded by the Lancers, the advanced party of the latter having their lances lowered for a charge, and thus guarded it reached the court in a few minutes. At the entrance to the court, and in tha^part of the atreet between the van and the entrance, there was placed a large temporary palisading, formed of strong timbers, and consisting of two sides, which completely protected the pritoners from any encroachment by the spectators, who anxiously crowded around to have a view of them. On their reaching the court, the same expression of regret for their situation as was made on their departure from the gaol, was also manifested, and with the same effect, on the feelings of the prisoners themselves. For some time after the prisoners had entered the eonrt, tbe Lancers continued to patrol in front of it, and then returned to their quarters. The Judges proceeded to Court at ten o'clock, biting accompanied by the High Sheriff of tbe county, and preceded by two of the 12th Lancers, two metropolitan policemen of the A division, and the various officers of the court. Having robed themselves, their Lordships, preceded by the Mayor, High Sheriff, and other official gentlemen bearing wands, and followed by train-bearers and gentlemen- ushert, and a small force of the metropolitan police, entered THE COUln. Long before the time appointed for the judges commencing their proceedings, those for whom seats had been reserved in the court were seen to enter, and take their respective stations. Amongst the earliest of these were the counsel for the Crown and for the prisoners. The counsel for the Crown took their place opposite to the jury-box; those for the pritoners tat with their backs to their clients, and immediately fronting the judges. The counsel for the Crown were the Attorney and Solicitor Generals, Mr. Sergeant Talfourd, M.P., Mr. Sergeant Ludlow, Mr. Wightman, and Mr. Talbot. The counsel for UioprisoiMrs were Sir F. Pollock, M.P., Mr. Fitzroy Kelly, M.P., and Mr. Thomas. At the barristers' bench, and next to the solicitors for the prisoners, sat Mr. Feargus O'Connor, who entered the court a few minutes before the judges. In the early part of the day there was GO recognition between Mr. O'Connor and Mr. frost. Mi. O'Connor did not appear to be much affected by the tituation of hit friends at least «ourt with a smile upon hit face, with which he frequently indulged those who looked at him. At a palt ten o'clock, the judges, Sir Nicholas Tindal, Mr. Baron Parke, and Sir John Williams, took their placet on the bench. Mr. Bellamy called on the High Sheriff to return the grand panel of the county. The nsott proclamation for the attendanco of the Mayor and Magistrates in the county was then made. The grand jury was uext called over. Al half-past ten o'clock it was directed by Mr. Bellamy, that the prisoners should be placed at the bar. As so many were to be arraigned at the one time, Mr. Bellamy sug- gested tethegaoterthatsomeof them should be moved out of the prisoners'dock to the toaall space betide it—that which belongs to the gaoler himself. This was done the conseqaenca wat, that Mr. Froat and Mr. Waters stood in the gaoler's box. The names of the prisoners were then called over as follow :—John Frost, Charles Waters, John Lovell, Richard Benfield, John Rees, George Turner, alias Cole, Zephaniah Williams, Edmond Ednendt, Jacob Morgan, Solomon Britton, William Jones, James Aust, John Rees, and David Jonea. Frost was dretsed in black, and all the prisoners appeared to maintain a decent compo- sure. Frost, particularly, although looking as serious as a person iu such a situation should, yet was perfectly calm and collected. The Clerk of the Arraigns addressing Frost, said, John Frost, holdup your right hand." Mr. Frost, before complying with the request, took off the black gloves which he wore, and then held up hit hand. ^The other prisoners having also held up their hands, the Clerk of Arraigns then pro- '<Lre*c^ indictment, which he did, word for word, as it has been already pub- lii le unng the time of its being read, the prisoners at the bar seemed to pay but little obser "d* t° were course all fully awur« of its contents. Some of thern were eac'' °''ier > '^e only one who was engaged in consultation was t ep banla hWllhams, who was engaged nearly all the time with his solicitor, Mr. Owen, otn he liberty was afforded of standing in the dock in company with the prisoners. 'generally either resting his head upon his right hand (his usual attitude), or in looking about the court. Upon the conclusion of the reading of the indictment the Clerk of Arraigns said, How ,a,10I1, John Frost, are you guilty of these treasons or not 1" Mr. Frost, in a very firm tone of voice, replied, Not guilty." Charles Waters in reply to the same question, made the same answer in a firm tone of .0108. The reply of John Lovell was scarcely audible. Richard Benfield, when his name was prenoooced, bluthed, replied, and then looked up to the ceiling. The answer of John licet was given in a strong tone of voice. George Turner said Not Guilty" before the question was put to him. The answer of Zephaniah Williams was strong and decidcd. Edmond Edmonds said" Not guilty," in a very subdued tone. Jenkins Morgan gave hit answer with a rather careless expression. Solomon Britton turned deadly pale, aid then repeated Not guilty, not guilty," in a hurried manner. Jones and Aust mut- tered forth their replies in such a manner, at to givH the court and the public the idea that they looked upon the quettiont put to them as a mete matter of form. The Attorney-General then rote and said My lords, the prisoners having been arraigned, and having pleaded Not Guilty, this is the time in which my learned friends will perhaps have no objection to state whether their clients will sever or join in their chal- lenges. What they do, must of course guide my proceedings on the present occasion." Sir F. Pollock I cannot answer for what other prisoners will do I appear for only one, Mr. Frost, who severs on hit challenges. Mr. Fiisroy Kelly I am likewise engaged with iny learned friend for Mr. Frost, and I concur with him in saying that we shall sever in our challenges. We have no power to say that the other prisoners wrll join in these challitu;es. Chief Justioe I indal 1 see other learned gentlemen present perhaps they can 3nswf r ■ Mr. Thomas I appear, my lord, for other prisoners and I can state it is their desire to be tried severally. Chief Justice Tindal (to Mr. Thomas):- You had better state now for whom you appear, in order that we may assign you as counsel. You have not as yet been assigned. Mr. Thomat: If you please, my lord, I shall state for whom I am engaged as they come to the bar. J Chief Justice Tindal We should know it now. but let it be as you please. Mr. Bellamy (to Mr. Thomas) Mention the names of those for whom you are engaged, in order lhat you may be assigned to them. Mr. Thomas: If it be not inconvenient to your lordship, I wish you to take a different course it is this, that as each prisoner is called to the bar, your lordshipscan then ask him if he has counsel, and, if he has not, counsel can then he assigned to him. You willlhen kno" whether the priloner wishel to have couosd or not. Chief Justice Tindat That can be done. Mr. Thomat: I wish to state, my lord, that I appear, with my learned friends, for Mr. Frott. Chief Justice Tindal: That we know nothing of now. It is to another point our atten- tion it directed. Waters was then asked if he severed in his challenges 7 He replied in the affirmative. Clerk of the Arraigns: Do you wish counsel to be assigned to you 1 Waters I shall state on my cate being called on. John Lovell and all the other prisoners then said, that they would sever in their challenges. The Attorney-General The prisoners having adopted the course which they have just taken, and to which they had an undoubted right, it is impossible for me to have the trial of the prisoners jointly. I shall, then, my lords, first proceed with the trial of John Frost. The Attorney-General then desired that the jury should be called over in the presence of the prisoners. Mr. Bellamy then called over the pannjt. A great many, certainly not less than thirty, were fined 101. each, for not answering even though in some cases it was stated, on oath, that they were sick and unable to attend. But the judges declared that they could take no such excuse, unless the illness of the parties was proved by persons, who from personal examination, could depose that the sickness was of the serious nature described. Lord Grandville Somerset, the foreman of the grand jury, here addressed the court, and taid all the grand jurors are now present, my lord. If you think it right we shall commence oar duties. f Mr. Bellamy Are there any bills yet ready? ^"fandville Somerset There are as yet no hills before us. 'er>^1?*ce ^dal Are all the witnesses sworn ? ir. Bei|au,y The Crown Solicitor had better see if there are bills yet ready. .pPr "r#Ddville Somerset: If the bills are ready we had belter retire. rpj** Solicitor withdrew to make the necessary inquiries. p.* ,n? °' 3ury was again proceeded with, at the conclusion of which, better'be slro^6 remarked The witnesses who are to go before the grand jury had or. i^f 'he court proceeded to make the necessary arrangements for that purpose, and the judges retired for'temporary refreshment. On their return, Propose, with the sanction of your lordships, now to proceed with the trial of John Frott. I presume the others may retire. No objection aving been raised, the other prisoners were accordingly removed. e- !> .1 V TRIAL OF JOHN FROST. k m F 1 My trd'n c°ns,derB,ion of the length of time the trial is likely to last, £ .hSrffIfSS £ „c"« > '°"l'hi|>' ^'J •«' l*™* I" <» After some discussion in the course of which the precedent afforded in the instance of Home Took. who was allowed to lIt near his counsel, was cited, the favour was granted. 3Hr. Frost still, however, remained standing. b < The officer of the court (Mr Bellamy) then proceeded to call over the panel, in order to the swearing of a jury for the trial of the prisoners. Sir F. Pollock here suggested, that the names of the jurors, which had been arranged in alphabetical order, should be drawn, indifferently, by means of a ballot. After a lengthened discussion,• The Chief Justice conferred with hit learned brethren, and then said, "If Ibe objection raiMd oo behalf of the prisoner! had been opposed on the part of the Crown, J, tilting here, fMW wt tow ilkmod th« objwiwn j for, w far from trciog a r««l objection', it rouit be an advantage to the prisoner, that the names should be arranged as they are. But as there is no objection made by the Attorney General, I do not see any impropriety in allowing for this time, the names to be called by ballot." The names were then put into a ballotirig-box, and drawn forth, one by one, by Mr. Bellamy, the associate. In the course of their being called over, the following persons were challenged and objected to :— Daniel Walters, of Redwick, farmer. He was challenged by Sir F. Pollock, on the part of the prisoner, and set aside. John Jones, of llton, farmer, was objected to on the part of the prisoner. William Crump, of Abergavenny, victualler, challenged. William James, of Ifton, fanner challenged on the part of the prisoner. William Davis, of Llangattock-nigh-Usk, farmer challenged on the part of the prisoner. John Collins, of Chnstchurch, fanner challenged on the part of the prisoner. Matthew Cope, of Caerleon, maltster; challenged on the part of the prisoner. Edward Jones, of Caerleon, flollr factor challenged on the part of the prisoner. Charles Williams, of Iledwick, farmer challenged on the part of the prisoner. Walter Lewis, of Monmouth, farmer; challenged on the part of the prisoner. James Long, of Llanvaches, farmer; challenged on the part of the prisoner. Rees Davies, of Chepstow, draper; challenged on the part of the prisoner. Thomas Davies, of Chepstow, gentleman challenged on the part of the prisoner. On the name of Edward Davies being called, and it not being challenged by the defence, the Attorney-General challenged for the crown upon which Sir F. Pollock, in a long and forcible argument, contended that the Crown should be restricted in giving their reason at ouce for challenging any of the Jury. Mr. Kelly followed, also at some length, and contended that the Crown had no right of peremptory challenge. At the conclusion of his address he stated, that his learned friend had suggested to hun, that the witness had taken the book in his hand, and therefore it was too late for the Crown to oppose. Lord Chief Justice Tyndal What is the fact, as to the subordinate argument 1 The Crier of the Court stated, that the Juror had taken the book in his hand but Mr. Bellamy stated, that he had not directed the oath to be given. The Attorney-General replied, that the oath had not been offered, nor had any opportu- nity been given to the Crown to challenge; and the mere accident of the Juror's hand being on the book could not be held to be an objection in the present instance. The Solicitor-General followed, and remarked that, in all former cases, Mr. Bellamy had appealed by looks to the Attorney-General, after the prisoner had refused to challenge, but in this instance neither look, gesture, or voice had been used to the Attorney-General, and therefore he could not have challenged before the moment he did. Sir F. Pollock replied. The Lord Chief Justice again stated, that it was quite a matter of fact, and he would call Mr. Bellamy, who stated that he had no recollection of directing the Juror to be sworn, nor had he appealed to the Attorney-General. The Lord Chief Justice disallowed this objection, and upon the former objection stated, that the construction of the Act of Edward having, ever since the n of the Act, been the same, he did not, upon the present occasion, see why then t. ¡" 1,1 should differ from all preceding practice. Mr. Baron Parke and Mr. Justice Williams concurred in both points. The ballot for jurors' names was then resumed. John Linus, of Abergavenny, was challenged on the part of the prisoner. Thomas Swift, timber merchant, Monmouth Thomas lies, of Tintern Parva, farmer and Charles Hale, of Nash, farmer; were challenged by the counsel for the prisoner. William Jones, of Nash, farmer; James O'Hare, Monmouth, grocer; John Roberts, of Shirenewton, miller; and Richard Rees, of Rockfield, farmer; were objected to by the counsel for the prisoner. James Rosser, farmer, of Penhow John Rees, Miller, of Lanmartin; Isaac Hurcan, butcher, of Chepstow James Powles, farmer of llagland Thomas John, farmer of Nash Edward Williams, farmer, of Landevenny; Craddock Gwynne tt^tki'ils, farmer, of Langwm Ucha William James, farmer, of Goldclift; John Bewett, victualler, of Aber- gavenny Samuel Churchill, Gent., of Llanhowell; Philip Bennet, farmer, of Penhow James Young, innkeeper and farmer, Christchnrch and William Henry James, tanner, of Caerleon, were objected to by the counsel for the prisoner. G. Baker, cooper of Abegavenny, was not objected to on the part of the prisoner, but was challenged by the Crown, as was William Seyes, farmer, of Lanvaply. Joseph Waters, farmer, of Nash, was challenged for the prisoner. George Adams, tailor, of Portskewitt, was challenged by the Crown. Charles Boucher Howells, corn-factor, of Abergavenny, was challenged for the prisoner. Sir Frederick Pollock here announced that the number of challenges allowed him, was exhausted, David Davis, farmer, of Ragland Isaac Williams, saddler, of Usk William Jones, tailor, of Abergavenny and Charles Charles, inn-keeper, of Tintern Parva, were chal- lenged for the Crown. The officer of the Court here announced tha the requisite number of Jurors were sworn. The following is the list I John Daniel" Thomas Davies Richard Lewill Edward Brittle James Hollings Thomas Jones Edward Rees G. Smith ChrittopherJohn William Williams John Richards John Capel Smith. Upon the Jury being sworn, the Attorney-General rose, and asked the Bench if it was their wish that he should proceed when the Lord Chief Justice said, that at that period of the evening, the Court would not call upon Mr. Attorney, but the officer had better read the charge against the prisoner. At the conclusion of its perusal, Sir F. Pollock and Mr. Kelly applied for leave to be given Mr. Frost, both after the breaking up of the Court and in the morning, to have access to his solicitor and counsel.—The Attorney-General had not the least objection, and the Governor of the Gaol was directed to allow Mr. Frost, until ten o'clock at night, and after seven in the morning, to see his professional advisers. Some Bills were then brought down from the Grand Jury, found against Henry Harris and Isaac Davis, on the second and third counts of their indictments, for Conspiracy and Riot, but no true bills on the first count also against David Williams, Charles Bucknell, and James Moore, for Conspiracy and Riot; and against Thomas Hall, on the third count of his indictment, but no true bill on the first and second. The Court was then adjourned to nine o'clock on Wednesday, at 20 minutes past five. WEDNESDAY. •; Mr. Talbot opened the pleadings after which Sir F. Pollock rose, and intimated that, as the Attorney-General wa« about to address the Jury, he would make an objection, which would naturally arise at the swearing of the first witness. The Attorney-General opposed Sir F. Pollock's making any objections relative to a witness at the present stage. The Court: Is it about witnesses leaving the Court? Sir F. Pollock i No, my Lord. It is,—and the fact must come out sooner or later,—we have had no list of witnesses according to the Statute, and therefore the Attorney-General cannot produce any evidence. The Attorney-Geneial I am prepared to prove that the list was given-given to the prisoner—and given according to the statute. The Court: We cannot hear the objection now, if the Attorney-General would wish to proceed with his statement. The Attorney-General May it. please your Lordships,-Gentlemen of the Jury,—In the discharge of my duty, I am called upon to address you on the present occasion—a solemn duty and in the discharge of which, I am anxious that truth should be investi- gated, innocence vindicated, and a verdict of guilty be pronounced only upon the clearest testimony. It is highly important to the accused, that he should be ably and fully defended but it is also important that the law should be vindicated. I think no one will deny the necessity of the present solemn enquiry. There has been iu this county an armed insurrec- tion, the law lias been set at defiance, an attempt has been made to take Newport by force, a conflict has taken place with troops and the Queen's subjects, blood has been shed, lives were lost, alarm has been created,and subsequently persons have been committed for trial, charged with the highest crime that can be committed in this realm. It thutbecame necessary for her Majesty to issue a Special Commission, to try the parties charged with these offences. True bills are returned by the Grand Jury, but still the^rlsonerlnust ndt be presumed to be guilty, unless upon the strongest, clearest, and most convincing evidence and if this is not presented, it would be the duty of the Jury to pronounce a verdict of Not Guilty. 1 hardly need caution you to dismiss from your minds all which you have read or heard rela- tive to these proceedings. You are the only judges, and you will act as though you had never before heard any of the evidence. On one hand, the life and reputation of the accused are in your hands, and on the other, the public safety and the public justice. Gentlemen, the indictment charging John Frost consists of four counts. The first '&n(l second for levying war against her Majesty the third for compassing the deposition of the Queen the fourth for compassing to levy war against theQueen,with intent tochange herGovernment. I believe that I shall produce evidence which will bring home the charge to the prisoner upon each count; but probably your attention will be principally directed to the counts for levying war against the Queen, with intent to change her Government. 1 he indictment was framed on the statute made in the 25th year of Edward III., a statute which may be styled a safeguard foi the rights of the Crown, and a safeguaid of public peace and pros- perity, neither strained or lax. It had been complained that the law was not defined, and therefore the statute was enacted, entitled a declaration for offences to be adjudged Treason. The Learned Counsel read the preamble, and proceeded to tay, that it was declared there- fore to come within the meaning of the Act, where war was levied against the King in his realm, to be proved by acts done, clearly and satisfactorily. It it not every breach of the peace, committed with arms, which constitutes High Treason, and therefore the statute goes on clearly to define it. Gentlemen, the line is drawn. It is I öôt. treason to ride armed, to take forcible possession of, or to stay a person, where private revenge is the actu- ating motive. But where an armed force meets, and sets the laws at defiance, for a general purpose, it is an offence according to the Act. Nor merely is it High'1 reason where a person pretends to the Crown, at in the struggle between York and Lancaster, and in 1745; but where it is attempted to supersede the law by force. The Learned Counsel then said, he would quote from one of the most learned and constitutional Judges that ever adorned the bench he meant Sir Michael Foster. He had defined the offences con- templated by the statute, after remarking that they were not offences perpetrated from private purposes of revenge. (The extract was the same as adduced by the Lord Chief Justice, in his recent charge.) Thus any insurrection intended against the Government of the King, or to remove evil cotincillors-and every conspiracy to levy war for these pur- poses, by overt acts-an insurrection to alter established law—tb change religion—to enhance the price of labour-to open prisons-and all insurrections in public affairs, are High Treason, according to law for, though not directed against the King personally, yet It is directed against all law, and the effect would be to dissolve the bonds of all order and authority in the State, and would be opposed to the King's crown and regal dignity. In this case, then, I hope it won't be said, thut we construct or define treason but we desire to prove, that the offcnces which have been committed come within the provisions of the Act. II the insurrection which had occurred here were not thus considered, what safety would be left against any attempts which ambition, or the temptation of any other motives, would induce evil-designed men to make, to alter the state of affairs. And what could be effected by one could be effected by many, and must indeed tend to dissolve the bonds by which society is held together. In the 10th section of the same chapter which I have cited, where it treats on an attack on the King's forces, as levying war against the King, it states, that if such should occur on a sudden quarrel, in which the people should rise and attack the forces, it would be a high misdemeanour, but would not amount to High Treason, because it would not be directed against the Queen, and would be unpremeditated." If, therefore, a sudden quarrel had arisen with the Queen's forces, no treason would have been committed but if without such a f.ict, an attack had been made on them, it becomes High Treason. The next count of the indictment is framed on an Act of George III., passed lo define the Act of Edward it is 7 cIP. 36th George HI., and states that, if any person, in or out of the realm, meditates the death of, or injury to, the King, or to depose him from his kingly power, or to levy war against his subjects, it shall constitute High Treason. The third count is as to compassing to dethrone the Queen from her royal dignity and if it appears from the evidence, that an armed insurrection, for a public purpose, or to super- sede the authority of the law, had taken place, this count will be supported. The last count, which charges compassing to levy war, with a view to compel the Queen to change her measures, if proved by overt acts, and if there was a procedure to carry it into effect, until suppressed by superior force, then he thought that the indictment was made out. He would refer to the authority of Sir Michael Foster, which, from the time it was delivered to the present, was considered a high authority, and which Lord Tenterden had adverted to in his charge to the Grand Jury at Thistlewood's trial, as reported in the 33rd volume of State Trials, page 684. By this allusion, Lord Tenterden had adopted Sir Michael Foster's opinion. Gentlemen, I am not aware that any difficult point of law can possibly arise in this case, and I will therefore proceed to give a brief outline of the facts which will be brought before you. I must first remind you, Gentlemen of the Jury, of the geo- graphical position of that part of this county in which the late insurrection occurred. It is in a triangular form, having Risca for its apex, and a range of hills for its base, extending from fifteen to twenty miles, and ascending. On its west side are Nantyglo and Beaufort Iron Works, and on the east Blaenavon, &c. That part of the county is inter- sected with deep glens, watered with the rivers Rumney, Ebbw, &c., flowing towards New. port, as also does the Avon, near Pontypool. There are here numerous mines of coal and iron, of late years worked to very great extent; and therefore, where a few years since only cottages and huts were to be seen, is now a population of about forty thousand, engaged in working iron, and in supplying the wants of Newport. I am afroid that we have too much reason to believe, that the inhabitants of that part of the countv are not very peaceable, resulting from general ignorance, much to be deplored, and therefore ready to be acted upon by designing men. it would appear, that they were acted upon, by Societies organised, so that commands being given, they could be speedily obeyed. John Frost was a linen draper, residing for many years in Newport, and had extensive influence with those parties. New- port was a place where the iron and coal was exported, and was a highway from South Wales to Bristol, Birmingham, and the North of England, and therefore was a place of importance. It will appear, that a week before Sunday, the 3rd of November, a plan was formed for a general rising on that night. Various consultations had taken place, at which Frost was present, chielly at Blackwood, between Rhumney and Sirhowy. A public-house is there situate, called the Coach and Horses, in which a lodge was formed—meetings were hetd-a plan was matured. A particular meeting was held on the Friday before the Sun- day, and deputies were there a return was made of the armed force which could be brought, and the scheme was formed. What was it? "1 he men were summoned to a public rising, to take place on the evening of Sunday, the third of November, and the outrage occurred on the following Monday. There were three principal divisions—one under John Frost one under Zephaniah Williams, who kept a beer-shop at Coalbrookvale, higher up the county, and who was to bring the men down a third division was under William Jones, a watchmaker, of Pontypool, from that neighbourhood, These three divisions were to mget at Risca, which is about five miles from Newport; a"l j plan was, to be at that place on the midnight of Sunday, and to march fronr vport by two o'clock in the morn- ing, when no one would be prepared to rec.-ve tii M t, -ut when the inhabitants would be asleep, without the slightest suspicion of do^g" • were, at Newport, to attack the troops and the people: the bridge was to be i j the mail was to be stopped, and thus a signal of success would be given, L-, •. be announced at Birmingham, by its delay after an hour und a half, to person! icert a general rising would take place in Lancashire. In this way, Charter i, ■■ >K, lit universally established. There C wasnoprobabitityof the scheme being ca r. t. But for the interposition of Providence, in the tempestuous state of the ,ir there is no knowing what would have been the result, or when peace would •• L -tutored. Frott was at Blackwood with his men* and tlloy crowed tQ Newbudge l*w, ia4 by Atwwns to Aif ps J early in the night, but fiorn the Odticulty which those exptiiienced who came from a dis. tance, they did not come until late. Zephaniah Williams with his men from Nantyglo, did not arrive until after day-light, and William Jones, also, was delayed very late. John Frost, Ihe prisoner, being at Risca, remained unlil shortly "cfore daylight, and he Ihen thought it necessary to musttrtits forces, and to march on. There WCIC then about 5000 men, armed with guns, pistols, pikes, or spears, mandrils-inslrumenls used for picking coal in mines—others with scythes fixed on sticks, and some with bludgeons and sticks. Frost took the command, and they marched in military order,—I believe five a-breast; the word was given by Frost, and they went on to Park, belonging to Sir C. Morgan, through which are a highway and a tram-road. They marched by the Waterloo public- house to the Weighing Machine at Court-y-Bella, which is about half a mile from New- port, where Mr. Frost enquiied about the forces which were in that town. I will now lefer to what passed at Newport on Sunday night. Information of the proceedings on the Hills had been given. Mr. Phillips, the mayor, with that firmness and those qualities for the exercise of which the county was under obligations to him, acted with decision. Spe- cial constables were sworn, and stationed in the best places in the town, viz., at the three inns, the Westgate, the King's Head, and the l'airot. The Westgate Inn was the most important station, and there the mayor and magistrates sat through the whole of the night, to receive information, and to adopt the best means of defence. In the morning they heard of the approach, of the inob, by a witness named Walker, who was very dangerously wounded, and whom he should call. The mayor sent for the assistance of the military, only a company of which were at Newport under Captain Stack, and which was stationed at the Workhouse. Captain Stack sent thirty men, under Lieutenant Grey and two sergeants, whom the Lieutenant immediately took to the Westgate Inn, and stationed them in a front room, to the east of the buiding, a similar room being in the west end, where the magis- trates were, and a corridor being between the looms. The special constables weie stationed at the door of the inn the military had not loaded, and a mateiial fact would it be, that ttiesotdiersdidnot load antil they were first fued upon. Frost having arrived at Court-y- Bella, he enquired respecting the military, and was answered by two boys, who told him that a nnmber of the soldieis had marched to the Westgate. They then divided, part to the left up a hill near St. Woollos Church, whilst part went to the rightithrough Commercial- street, and afterwards came np and joined the rest. Those near St. Woollos went down Stow-hill, leading to the Westgate. Frost was still at their head, and passed close 10 a building called the Catholic Chapel. The insurgents tried to enter the carriage-way of the Westgate, from Westgate-street. They failed in doing so, and they then wheeled round in front, Frost being still there, and in front of the inn. The constables were at the door, and the insurgents bid them surrender. Some one answered, No, never and the command was given to fire, by whom, they would hear from a witness. The firing begun on the win- dow of the room in which were the military, and an attack was made to foice the door with pikes, which succeeded*, when they got into the hall and passage near the room in which the military were stationed. It now became Lieutenant Grey to perform his duty as an officer of her Majesty, and as a subject of the realm. Orders were given to the military to load, I have mentioned that the room had a bow window with three sides. The shutters were closed, but the windows were broken by the mob. Lieutenant Grey, who acted with mo- deration, with firmness, energy, and intelligence,for which he is now honoured, stepped for- ward, and opened the shutters, in which he was joined by the mayor and Sergeant Daly, In doing this, the mayor received a wound in the wrist and another in the side from a bullet, and Sergeant Daly received a wound in his head from slugs, and had the lock of his musket blown off. The insurgents had obtained admission, and soughi access to the room in which the military were. Had not then the order been given them which had been, they might all have been massacred. They fired, and many of the i'nsurgents were killed in the passage, and in front of the inn, and several were wounded. A speedy dispersion took place, and Mr. Frost disappeared soon after the firing first begun. All fled in every direction. Zephaniah Williams was ten minutes too late with his Nantyglo men, as numerous as the division under John Frost. Jones, of Pontypool, did not arrive nearer than Matpas he was proceeding up a lane, and heard of the issue of the affair at Newport, when his men dispersed. All these three parties had seoured the country, and compelled persons, however unwilling, to join them, seizing all the arms they could obtain. Frost was seen soon after in Tredegar Park, escaping to a wood, and in the evening he was taken in the house of one Partridge, at Newport. I should have said he was also seen in Commercial-street, after the action was over, retreating. Thus was tranquillity restored, and it would be for the jury to say, if these facts were proved, whether any reasonable doubt could exist of the guilt of the piisoner. I shall prove these facts from witnesses wholly unconnected with the disturbances, and who were engaged in restoring the peace. As to observations which had been made by Frost, relative to these disturbances, the evidence would be received with suspicion, doubt- less, and weighed with caution but if in sifting it, there was no reason to doubt its vera- city, they would give it the credence it demanded. In cases such as these, proof must be obtained by the employment of spies and common informers, or from those in some way and to a certain extent associated with the accused. 1 will not, however, cat) apies or in- formeis, for none were employed but I shall call several who were engaged, more or lesll, in the transaction. On that evidence, I think no doubt will be thrown and I will here state the satisfaction I feel, at seeing the prisoner defended by the first talent, which will effect all that eloquence, learning, and energy can accomplish. The resuttof this trial must be satisfactory to the ends of justice. I think that my learned friends will hardly deny the law of High Treason, as defined by Sir Michael Foster and Lord Tenderden. There was an armed force, combined for a public purpose a conflict did take place with the troops, and not by accident. Will they say this proceeded from a private cause? I have heard nothing of private revenge. They had not met to petition the Queen, or either House of Parliament; nor was the assemblage owing to any dispute between masters and men concerned in the coal trade. It was no sudden outbreak, caused by want of employ- ment; for the coal and iron works were seldom more prosperous than at the period of the outbreak. Those concerned were getting good wages, and no pretended cause of complaint existed. If, then, the witnesses should prove that there was an armed force, and if the facts should be clearly and satisfactorily proved, you, gentlemen, will act a manly part, and not shrink from your duly. It imports all, in whatever situation we are placed, to see that the Jaw is protected. The farmer, the tradesmen, the labourer, and the gentleman—it im- ports all to see that it is effectually vindicated, and where it is outraged, that to some, for example, punishment should follow. Gentlemen, I have endeavoured to be very brief, and have purposely abstained from stating many facts, which will come out as evidence. The learned counsel had said that the proper forms of law hail not been complied with and should this prove to be the case, by all means let the prisoner have the advantage of it. But, on the coutrary, every advantage had been afforded the prisoner, and the forms of law had been strictly kept. In High Treason, the law had amply provided for the prisoner, by furnishing lists of the jury, and of the witnesses and Mr. Frost had most ample opportu- nities for knowing the charge against him, as well as having copies of the witnesses and the jury; and I believe that no form has been omitted, which die law requires. Gentlemen, after hearing the evidence of the witnesses, and the arguments advanced by the counsel for the prisoner, you will then be called upon to discharge your duty and I have no doubt but that it will be perfectly satisfactory to the ends of public justice, as well as your own con- sciences.—The Attorney-General occupied an hour and half in the delivery of his address. At the conclusion of the Attorney-General's speech, the Solicitor-General called Samuel Sirnmjnds but SirF.Pollock said, I object to Samuel Sinnnonds being sworn, as his name as a witness has not been handed to the prisoner, agreeably to the statute. The Solicitor-General then called Henry Maule I am her Majesty's Solicitor in conducting this prosecution I delivered to Mr. Frost a list of the jury on the l'ith, and the indictment 1 had been applied to by Mr. Owen on the 11th. He applied when the bills were found in Court. Solicitor-General What passed between the prisoner and you, when you delivered the copies ? Sir F. Pollock objected, as anything which passed, could not prejudice Mr. Frost, who stood charged with so great a crime. Mr. Kelly followed, and argued that as Mr. Maule was callcd to prove but one point, and that not affecting the merits of the case, he could not diverge into other matters. Lord Chief Justice I cannot stop the Counsel, if he chooses to put his question. Mr. Maule I stated that I handed him a list of the jury and a copy of the indictments, and would, in a day or two, give him a list of the witnesses. I gave him a list of the wit- nesses on the following Tuesday, a copy of which I now produce. Mr. T. J. Phillips, Mr. Leyden, and Mr. Evans .vere present on both occasions. An application had been made by Mr. Owen. for a copy of the. indictment, before I gave it. 1\1 f. Frost had applied to the Court fur copies of the depositions, and that Mr. Owen miTiltt. have them, and a- Mr. Geach was absent, that Mr. Owen mightactforhim. The Court had said, thai on an ap- plication to the proper officers, they would be given. Mr. Owen applied on the same even- ing for copies. Witness delivered them the next day to Mr. Frost. By Sir F. Pollock I think Ihe Couit first stated that it could not assign any attorneys; and after if said it could not assign two attorneys, unless they were partners. I delivered copies to all the prisoners; some of the other prisoners also applIed to have Mr. Owen assigned them,—Z. Williams, W. Jones, and others there was no application to appoint. On Thursday I gave the list of the jury to all the prisoners. On the following Tuesdav I gave copies of the list of witnesses to every prisoner (copy produced) J did not hand a further list, nor give any instructions. The initials on the paper, W.S.C., I don't know I know of a further list being sent by my agent, but not from lilY instructions. Sobcitor-Genera) The name of Samuel Siminonds is in i1 of St. Woollos, in the boFough of Newport, in the county of Monmouth. Sir F. Pollock objected to the description. One of the most important provisions of the statute had not been acted on and he had hoped that his learned friend would have argued the objeciion previously to his making his statement, He objected that Samuel Simmonds could not be called as a witness, inasmuch as he should prove that the prisoner had not been served with a tega) notice of his name, agreeably to the statute. The Commission appointed for the trial of prisoners upon this occasion, was opened on the 10th of Decem- ber, the bills were found on the 11th, and on the 12th copies of the indictment, and the lists of jurors were served upon the prisoners, not upon Mr. Frost merely, but upon all the prisoners. He had no doubt but this had been done by persons who were anxious to serve the notices required, within the ten days, but who had omitted observing that the statute I required all the notices should be delivered at one and the same time so that with the copy of the indictment and the list of jurors, the list of witnesses should have been given. Sir F. Pollock then referred to the statute of 7 Ann, ch. 21, sec 11, by which the right was given prisoners charged with High Treason, of having copies of the indictment and lists of the jurors. By a statute of Wm. III., five days was prescribed as the term in which, pre- vious to the trial, parties were to be furnished with a copy of the indictment, and two days notice of the list of jurors. Lists of witnesses were not then granted but it was required that the copy of the indictment and a list of the jurors should be presented together. Little notice, indeed, had been taken by writers of this required form and he accounted for the neglect in the present instance by that fact. The learned counsel then cited the statute, together with authorities bearing upon its construction and continued to remark, that as an humble member of the profession, he deprecated liberal constructions of Acts of Par- liament he would adhere to the letter of the law. He had no doubt, but that, the mistake arose from the omission in the statute called Sir Robert Peel's Act, the tilh of George IV. chap. 50 sec. 21, in which, with many others, the mistake occurred but lie should adduce many precedents, showing that the lists of witnesses and jurois should be delivered at the same time as the copy of the indictment. The section he had quoted, however, gave a peculiar emphasis to the objection he had taken. In page '297 of Mr. Sergeant Stephens's work, who was one of the most learned writers of the presently, published as late as 1834, he mentions the Act in question; butheaiso omits noticing, with many others, the time of handing in the copies altogether, and at the same period. He (Sir F. Pollock) hoped however, that he need not cite Harvev v. Tooke in the 24th vol. of State Trials, page 219, a case occurred in which the letter of the Act was complied with. He (Sir F. P.) had not all the authorities with him which he could produce, not knowing of this objection until he came down, and having only brought with him the best of the works which he possessed on the subject. In Crossfield's trial, in 1796, 26 vol. of Slale Trials, page I, the Act was also complied with. In page 14 of the same vol., Sir J. Scott, afterwards the venerable Lord Eldon, in his address 10 the jury, stated that the law provided that the prisoner should be provided with lists of the witnesses, &c. at the same time as the indictment, &c. In page 722 of the same vol., in Maclean's case in 1797, the same course was pursued and in 1798, as recorded in page 1198. On the 17th of April, in 1817, in Watsoo's"state trial, as recorded in vol. I. page 26, the same course was adopted, as also in the autumn of that year, in Brandreath's case, 14. Again, in 1820, in the case of Arthur Thistlewood, in the 33rd vol. of State Trials, page 20, the same plan was pursued. Other trials had taken place, but he had found no accurate statement of them. In the 21st vol. of the State Trials, in Lord George Gordon's case, a judicial construction was put on the Act of Par- liament, as recorded page 648. As to the importance of the objection, supposing the list had been given only before one witness, the information necessary to the prisoner would have been afforded but the letter of the law would not have been complied with, and no service would have been made. For the same reason did the law require that two witnesses ahoutd be present on the delivery of the notices, as that the documents should be all deli- vered at one and the same time—and for a very good reason, viz. that all may be com- plete, and that the prisoner should have full advantage of the service. if he (Sir F. P.) had been with the prisoner when the service was made, he would have said, put it in the "re for so strong is my opinion on the subject, that should anything occur in consequence, your blood be on my head and this advice I should have given fearlessly, for the law has not been complied with. As to the protest of