ordered them to be released, saying that " though he

detested his poli- tics lie had a personal regard ' for Brough.

Cross-examined by Sir Frederick Pollock-" There are iron-works near the

place where we were first taken " .

The news from the Continent of Europe is quite insignificant. Re-examined—" I fIIII suilicioutly aiiquainted with the lights of iron works In the French Chamber of Deputies the discussion on the ad- to be able to say that the light, I speak of were not front riot works. 1 saw It is said that E,eAurcuo, recovered from his indisposition, is Be the Foreman or the Jury!' There were no iron works bet wren Newport high in the nir. You can sue at a distance front iron works a considerable red( etion in the ;tir. I eau say po.itively that the lights I saw were not nay

The next witness, John Harford, a collier, said that he was dragged

ty was escorted from Windsor by a party of between Cefn and the Welch Oak. He was standing alone, with his

hands in his greatcoat-pockets-

',When we met Mr. Frost, the mob asked him if they had not better return?

He said, 'No, you had better not return.' asked Mr. Frost what he did intend to do ? Ile said at first he should go to the New Poorhouse, and take the soldiers and their arms; and he said there was a storehouse where there was plenty of powder, and that they would blow up the bridge ; that would stop the Welch mail which did run to the North, and that would be tidings, and they would commence in the North on the Monday night ; and he said 'that he should be able to see two or three of his friends or enemies in Newport.' Be said no more. 31r. Frost and the mob then went on towards the Welch Oak. I don't know how long they remained there. I made my escape about two hundred yards from the Welch Oak, and went into a low shed. It was between three and four o'clock when I first saw Mr. Frost, and it could not have been more than a quarter past four o'clock when I last saw him." The man was closely cross-examined by Mr. Kelly ; and, as much stress was afterwards laid upon his statements by the counsel for the p risoner, we give them at length—.

I wns examined before the Magistrates at Newport. I cant say on what day of the month. It was on a Friday; not the Friday after I had left my. house. This was the second Friday. The people at the Union Poorhouse told me to go to be examined. I was at the Union -Workhouse, because I was finveti out of the house with a sword by 31r. Frost and the mob, I WaH Rpreliended. by the Alagishates the same Sunday fortnight, after the riots in my own Louse. I was takco to the George Inn, at Blackwood. 1 remained there till the evening. I ivas not examined there. In the evening I was taken to New- port to the Union. I have not remained in custody, ever since. I was not locked up there. I stopped in it for the night. I was obliged to reinain there, being apprehended. I was not examined the next day. I was detained there thirteen days. I was not examined durin„.• that time. I was detained till I was examined. I wits examined at the AN est Gate. I was taken there for that purpose, after having been detained thirteen days. I was detained on the charge of carrying a sword in the mob. There was no charge made tigainst me at the Westgate. I had these few words to say what 1 have said terainst Mr. Frost. I told them to the person who keeps the 1'11;011. I think Ids name is Mr. Harris. I told hint \Villa I had to say. I was obliged to take a part in the riot. I knew when I told him that there Ives a charge against me of hav- ing taken a part in the riot. I was obliged to take a part in it, or it would Lave cost me my life. When I told the master of the workhouse idiot I had to say, I knew well I was charged with carrying a sword. 1 had learned that some had gone to prison on a charto, of riot. I hati heard, too, that some bad gone to prison on a charge of higetreason. 1 (114 not know that if' any persons were convicted they would stiller death. I did not understand the law. I did not know that a person convicted of high tretaou mild softer death. I did not tell any one hut the master of the \vorklionse what I said against Mr. Frost. He was arrested before I was taken 'Katie theMaonistrates. When I told the master NI hat I had to say, there were other men beside illy self at the workhouse. What charge they Were On I do not know. I did not ask them, certainly. They wcre on sonic charge. The place was not guarded by solditaaa There were soltliers there who were wounded. There were soldiers there be- sides the won sled and recruits. They we' e three learning their exercise; every morning they were on p trade, or whatever you call it. I know nothiug about the workhouse having been made a plate of confinement or not before this business. I talked to one of the persons there about this business during the twelve days I remained there. I do not remember flu' nem's maim. I did not tell him what I had done in the business. I did not talk ;Mout :11r. Frost to him. Ile told me that if he knew any thing :Wont Mr. Frost, he would tell it Vile was in our Omit'. Fpon my oath 1 did not tell him about Mr. Frost, it order that I might get my liberty. I expected to be freed from the charge when I told it ; and when I had given the evidemat, I did get my liberty. cannot write. I did put my mark to something w!;rn 1 was examined before the Magistrates. I was not examined more than once. When I had made ray statement I we at once set at liberty. I have since been at work, as it collier, at Mr. Jones's, the same master as 1 worked for before. The name of the person to whom I spoke about 31r. Frost at the workhouse was not Edwards. I know no person of the name of Morgan to whom 1 have spoken about this busiticsa I have not spoken to any iii it that name about it. It was about four o'clock in the morning wh-it I saw Mr. Frost, ilnd it was within a quarter ()I' an hour after that when he told the mob, in my presence, about the powder ;aid the soldiers, and the post, and the other matters."

Examined by the .Forenunt of the Jury—" I have attended at a Chartist lodge. I endeavoti red to make my escape from the mob several times, hut they prevented me, minim. me by the collar and striking me, and threatening to run a pike through my holly. 11r. Frost said lie should see two or three friends or enemies at Nett port. Ile did not name any one that I. heard. I had not heard at the I rioo Work howte that any one was likely to he hanged for this rising or riot, or whatever it was. 1 was not trfraitl myself of Iwing hanged, for I Lou done nothing to deserve to be hanged or sent to prison." William Harris, a (-oilier of Blackwood, new 3Ir. Frost at the Coach and Horses lun, ;II about seven o'clock on the Suaday evening-

" There were a r;lod many persons ithout the door. Some or them were armed. There were every 'kind a ;trills there......pik,s :out cciv thing. I saw a person

of the name of Davies close to Mr. Frost, Da viit-s tobl the people to go on. 'That there Wa5 eIlt■Ilk4h flu-re fit eat NeWpiWt.' 1 trent up the road after this." He saw Frost asim at the Welch 0.11; ii tout die vets o'clock on Sunday night. There \ littny ;wino.' men marching towards Newport- " It was on the turapike-road across the tram-road that I saw Zephania 'Williams. I SaW Mr. Frost ;damn forty yards from that spot. Me. Williams spoke to me, and teld et5 to go on, and not to hang back there, but to go on with the rest, 'weans,' I was going towards home. I then went on towards Newport, as far as the Friars. Every Otte was going on as fast as they eould Its. I did not go (el to Newport. turned back to the Friars beet tic I was

afraid to go on. 1 tliteight they were going on to kill people. I hod heard Mr. Frost call ILI; glin, 1;,rw8111. 1ksaid, ' All that have guns come in front.'

The guns were ICii et, e so many times. It 11;1(11u-en raining between the tunes when they „err Ttt Or thIVO el ilk' turocat back with ine. I went to the trea-road to get on the tram-engine to go back."

The witness was cross-examined by Sir Frederick Pollock— t come now from BI .ekwood. I \MS in custody. I was taken to Newport on the 25th of the last mouth. I cannot tell yott the name of' the month. I don't know the namcs of the months. It is going on three weeks at'-il-sthree weeks next Monday. I have been kept ever since at Newport anti ltere. live at BiaekttOod. intuiting I CatIle from the Itlack Swan. I have been 1:!ere in Monmouth sit.... last Monday. I. was in Newport a fortnight 'handy.'

?ills in custody flit •tt the ParrOt and Salutation Inns, 1 Was eX0111hled l?efore the Magbtratrs. The mark on the paper (the deposition) now produced

as my mark, The per was read over to me. J. suppose so. This is the mark I made when 1 %vent down to the Coach and lloeses, and met some of those persons. It was seveo o'clock, or a quarte.r.i.m„st.seven. It was middling dark, but I could sec. 1 saw there were some stick., and sonic pieces. There were one or two guns; I know there was one gun. I saw ever so many about the road. I don't knots, about swords. There were smile tikes, I 'saw no pistols, but some mandrils I do not know whether there werie four or five. I do not know how many. There certainly was one, but I don't know how IniulYt There was more' than one gun, butt I don't know how ninny. That was at the Coach and llorstaa or on the road clo:te by. The people who Came to my door had sticks. I don't know how many people there were. There were six there. There were seven. There were eight. There were not twenty. There were from eight to twelve. None of' those who Caine into the house had any other weapon than it stick. I had seen 3Ir. Fiurt a good many times up and down Blackwood before that I knew him Ivell enough to know him when I saw him."

The depositions of this witness before the Magistrates (tt Newport were then read by the olliccr of the Court. Cross-examination resumed—" (lo not km ••,- I had been examined the day before I made this deposition. I wge- .a•.;11•.ied two or three days. I was sober when I made this deposition and 11.1 mark at Newport, to be sure.

The day before that on whiell I said I Was St)1,. r I 1-,) IlOt I:110W Whether I had

been before the Magistrates. I have heard , paper read which has my mark to it, and it is there put demi that I i 1 i a•,t hear what •WIlliam 1/avies said. I have said to-day that William Davi: - • •1 to the people, Why don't you go on, you are enough to eat Newport I did not like to say what I had heard before, as I thought I shottlil ' have it • a 71en I went home, and I told them so at the time. By saving I rl.,••,•• e it ' I mean that I thought that all the neighbours would be all a,. 1 • as one family if I said any thing."

Mr. 'flunnas .Tones Phillips, clerk. to 11:.• • st ra I es, mentioned the particulars of Frost's arrest at the house of r. ,dge the printer. On his cross-examination the witness said- " I haul a searelt-warrant to se web Mr. Pros,' fto t I id papers there. I went to a room there in front of' the bow app,ared to be that in

which he kept his papers. I did not break op.- ,l, .1:tve to get fluent, as the

papers were handed to me by one of' Ins et attended me. Ile has

five or six daughters and two sons. Soatral i I 1-1 • I re there. was before I apprehended 11r. l'rost. The papers ■.:11111 [be shut-ire's by hiS daughter. When I Mat went to the house I sa tht tervant, who showed me to

a room where Mrs. Fro-t was, and she made dillieulty in giving me the papers. I got them all, and have them. I i 1 )I r. Frost accidentally at Par-

tridge's house. Fro-r-; l'artridge's houses ;:ve nearly back to back. Par- tridge has been climb tyaal 'IS a printer by Mr. Frist. I have known 'Mr. Frost for many year t, and he must have klital u ti y vele: tt l'artridge's."

IVith this evidence the case for the Crown was closed ; and the Court adjourned to 'Aloinlay.

On the reopcning of the Court on that day, Sir 'Frederick Pollock addressed the ,111,Iges and Jury for the prisoner. Ile argued that Frost's real offence, flume:It very serious, did not tins t mid to high treason ; that his object maks Mt to overturn the IC;overnment, but to pniellre the libe-

ration of Vincent and other tliartist prisoners 'I'lie testimony of llodge, Ivho relato.1 a com-arsation with Frost about lwealting down Newport britlge and stopping the Biroli vigilant mail, as a signal for a ge- neral tleirtist insurrection, was absurd told incredible ; 1' ii' the Newport letters weae carried aect tss the ferry to Bristol, and thence taken to Bir- mingham in the Bristol mail, NvIdeli et till arrivc at the uatial hour in liir-

min:di:tin with or without the .Newport letters, IL:, Frost, a mail of

bit :Mese, knew perfectly well. Mt'- '-u', hall hiniaelf made due

provi•rk for the ptiynient or one ov.11 Lius Bristol on Ionday the .1;11 of Ntivamber, the day on avitieli the general insurrec- ti011 Wn3 tO et/1111110)1C:: Sir Frederick cont.: tided that Frost's conduct at the 11-estate 11();e1 clearly proved that he lent no inte»tion to attack the military. Ile disappeared on tine firing of the lirat shot, mid Isis followers also fled. There could be »o add (Inn the mob went to the 1Vestgate Hotel to proeure the liheration of amite ragglers who had been taken into Chit ii:; ; it Iv.c.; important. to prov•_;, and be is-as en- abled to prove, that tin- words used to the spec i.1.1 constldtles there were not " Surrender if eta-. pristolers," but "Surrender your prisoners." With respeei to Mr. Frost.• it did not follow that they were treasonalde beeati,e he was a Chartist. Sir Frederick hardly knew what (•,■11-II.n.' I tillt the Chartists of 1839 occu- pied the same ptaition, ii veferame to tint existing constitution, as the Reformers in 1:32 teir;11-,1,-: CIO (011Aitl111.11 Or I a:12, which they assailed with so ntuch ‘.4;our ; and lw capecially directed the Jury's attention to the fact, that the persons Aviv) now prosecuted the Chartists did not in 1832 scruple to take advantage of alarming displays of' physical force, of Inman:try a.staillilagt-,, and an organized opposition to the law. What they now proseetitcd as treason they (lid not think treason-

able then. I le ex plai stoile or tile supposed (.711artist tenets, showing that the " live hilt t" te-tasonable. 1Then cante to the

fifth, respectilw the ;-- • ".1•••: c•c ,•1' property, Frost spoke the the first

time since the cointio•ir';•: --HI. trial, in a '')an tone mid with that 'colleeted till' .1. the procce(lings." 1T(• i. “So;•11 ;! ; • • .1, Hr Frederick l'olloek;

there W.., 1,.•'•• pr-perty otherwise than I-I. • idea is 511 eltimerical, that 1 •.vas only ;1, tirti ih ltiiti W.' Mr. Frost's ability ;.ind 1Ic.it i Aro ;1■,,ctitiit it." In conehtsiott, Sir Frederick urged the a :;1' ill lullil, that if on a review of all the cireum- stances there Ws.-: Hightl...4 '1,1'114 W11,!ther the pri,tmer's offence

amountt.al to hiell tr.; he w;-- 11 I to the benefit of that doubt and an acquittal - [We have oh!: g points in Sir I'rederielt Pol-

lock's speech, I h, s.itpied five krill's :Ind a half,

because :%Ir. I 'i ••..1.11 of the sante ground sub-

sequently, and .1.. a • - with more energy anti effeet.]

'rhe a the deft:nee t hen comment...el

Several person,: iforinly cowl tclhal the people to They were not very tumultuous. They drew up in front of the Westgate. I am certain they said that the prisoners were taken before daylight. It was about nine o'clock in the morning when they Caine down Stow Hill. It was broad daylight two hours before that. Those that were in the Westgate were taken before daylight. The body of the mob stood for a space, and asked for the prisoners who were taken before daylight. None of the mob went forward us spokesmen. They came close to the door. I could only see the steps, to which the mob came close up. The first moment or two they asked for the prisoner Smith ; then a rush was made. Then I beard firing, and took to my heels. I cannot say whether the mob had guns, pikes, or clubs. I cannot tell whether they were armed for the biggest part. I heard some one say, in a very loud voice, No, never.' I was distant from the door of the Westgate twenty-five yards when I heard the words. I heard no groaning. I could not say where the firing began. No man could judge. You nor I could not tell. I saw no smoke outside. It is likely enough the firing began from the West- gate Inn."

Mr. Edward Thomas, a draper, and Mr. William Townsend, an iron- dealer in Newport, spoke to Mr. Frost's character during the last twenty years. He was described as punctual in his payments, of " much benevolence and kindness in his feelings," and a most unlikely person M engage in any design of overthrowing the Government. Mr. Thomas also mentioned particulars respecting the mode of forwarding letters to Bristol from Newport, in conformity with Sir Frederick Pollock's state- ment.

Sir Benjamin Hall said he had frequently been in communication with the prisoner, who assisted him in his canvass in 1834. Ile never knew any thing of him but what was very good.

The Court rose ou the conclusion of Sir Benjamin Hall's examina- tion.

The examination of witnesses for the defence was continued on Tues- day. Evidence was given of Mr. Frost's "remarkable punctuality in his payments ; " and that a bill of 57/. payable in Bristol on Monday the 4th of November, was duly "taken up." Mary Jones, who lived next door to James Hodge, stated that she saw him in bed in his own cottage at Blackwood, between eight and nine o'clock on the Monday morning- " I went for milk that morning ; and after J had left it at home I turned in to Hedge's house, seeing the door open, and said to Mrs. Hodge—' Mary, did you hear the people going down,' says I, last night,' and she showed me her husband and said, here's my old man, thank God.' I did not see James Hodge that morning before I saw him in bed. I cannot say if his wife was up. I suppose she was in bed as well as I was. Nobody was living in my house but myself and my daughter."

Henry Williams, an ironmonger in Newport, and a special constable at the Westgate Hotel on the 4th November, was called to prove that the men who first came up to that inn said, "Surrender up your prisoners." This he deposed to ; but his cross-examination was damaging to the defence— "I had the honour of acting as the Mayor's aide-de-camp very early in the morning. I saw the mob about two miles or two miles and a half oft 1 went then up Pye-corner, which is beyond Tredegar Park. I saw a great number armed in various ways, with pikes, guns, and mandrils. I saw one party which was between four hundred and five hundred in number. When I saw the mob a second time, they were about a mile from Newport. They were then halting and cheering. As soon as I saw the body, I returned to the Mayor and told him what I had seen. They were then near the machine. I did not observe whether they divided. When I returned the second time, I was stationed at the Westgate door. I remained there until the mob came down to the West- gate Hotel. They passed the front door and went towards the gates, and then they returned. They- were led by the man who spoke to me, mil who said $ Surrender up your prisoners.' Ile had an axe upon a pole. I received two stabs in the body, a wound in the leg, aml a gun. shot in the head. I received these wounds from the Chartists when I was standing at the door acting as a special constable. The mob tried to get in at the door, and I and other special constables tried to prevent them ; and we were wounded while thus preventing them. I heard no groaning for the special constables. I am convinced there was no groaning. I fell senseless after being shot. It was in the lobby where I had been wounded. At that time a great many shots had been fired from the insurgents. I was three or four feet inside the door when I was shot. I saw Oliver and O'Dwyer there, acting as special constables. I saw the Chartists thrusting at us with their pikes, breaking the windows, and doing every damage they possibly could. Did not recover my senses until after the insurgents had retreated. The lobby was full of insurgents, and I was left alone. The rest of the special constables were driven in. Those of the mob who were in the lobby bad pikes and guns. I um not sure that any of them were in the passage where the soldiers were stationed, but I think they were. I did not see the constables make any attack, or attempt to seize a pike. We were on the defensive. The Mayor had positively ordered that we should not attack. The struggle was going on about two minutes before I was shot. I did not see the front-door shut at ull. I do not know how many special constables there were. suppose there were a hundred altogether. I think there must have been twenty in the lobby. The special constables bad, no other weapons than a constable's club. Before I was shot, I saw the guns pointed mid the firing

tome from the street and street-door. The shots were directed against the

special constables. There were eight or ten shots fired. The special constables did all they could to guard the Westgate, and were driven m by an armed body. I saw the soldiers arrive from the barracks. I saw the soldiers come round the corner, as if from Stow hill. That would be the natural course from the barracks. There were numbers going about at the time, who must have seen the soldiers coming down Stow Hill. There was not a quarter of a minute between the man speaking to me and the first shot being fired." Re-examined—" I mean by the man speaking to me, his saying e Surrender your prisoners.' I arn told that I am to receive a pension from the Govern- ment. 1 ani a witness for the prosecution."

Lord Granville Somerset, M.P. for Montnouthshire, gave evidence that, during the Reform struggle in 1832, Frost endeavoured to protect the Tory candidates from the violence of it mob. The misdelivery of a letter alone prevented the Duke of Beaufort from being present at the trial.

This closed the evidence for the defence.

A witness having stated that a special constable, named Hopkins, had asked the mob at the Westgate Hotel " What they wanted," Hopkins was called ; and after the Court had overruled the objeetious of the prisoner's counsel to his examinatiou, swore that he had never put that question.

Sir Frederick Pollock spoke briefly on the evidence, and to the effect that nothing had occurred that day which really ought to weigh in the minds of the Jury against the prisoner. Mr. Fitzroy Kelly then delivered a very forcible and ingenious

speech for Mr. Frost. He implored the Jury to give his client the be- nefit of a strict interpretation of the law ; for upon that his life depended- " It is in the law, in the strict undeviating predominance of the law, that I place my hope, my only trust ; and my prayer to you, therefore, is that you be governed by the law; that you adhere to the law alone ; because by that law I shall prove to you clearly and satisfactorily that the prisoner, whatever be the extent of his crimes and misconduct—however high his crimes and misde. mcanours—for which in another form he can be, and yet may be indicted and punished—by die law of high treason, he is as guiltless of high treason as any one of you gentlemen, whose duty it will be, I trust, ere long, to pronounce him so. Gentlemen, if the prisoner at the bar be at this moment in any jeopardy, it is from the danger of the law not prevailing, or from its not being clearly and perfectly understood. It is from this—that the filets now in evi. deuce before you will undoubtedly disclose a ease of guilt against him, ivhich proves him to have committed a great and serious violation of the law, which, in another shape, subjects him to indictment and punishment, and should in- duce you to punish him for that crime which he has really committed, but not liw that greater and higher degree of guilt which is imputed to him by this indictment."

He did not deny that Mr. Trost had been guilty of a great and enor- mous offence ; but that offence did not amount to high treason. In support of this assertion, Mr. Kelly quoted parts ofjudgments and opi- nions by Coke, Hale, Mansfield, and others, laying particular stress on Lord Mansfield's charge on the trial of Lord George Gordon. Lord. Mansfield said there were two questions for the jury's consideration-- " First, whether this multitude did assemble and commit acts of violence—of that you know, gentlemen, there could be no doubt—with intent to terrify and compel the Legislature to repeal the Act celled ' Sir George Smile's; ' if upon this point your opinion should be in the negative, that makes nu end of the whole, and the prisoner ought to he acquitted ; but if your opinion should be that the intent of this multitude, and the violence committed, was to force a repeal, there arises a second point—whether the prisoner at the bar incited, encouraged, promoted, or assisted in raisin.? this insurrection, and the terror ' they ca.ried with them with the intent of forcing a repeal of this. law. This, gentlemen, is the whole of the evidence on either side ; you will weigh this evidence, and all the observations made at the bar, or which occur to yourselves upon it : I avoid making any. The points for you to determine are, whether this multitude were assembled and acted with an intent to force a repeal of this act, called Sir G. Savile's Act ; and if you think such was their intent, whether the share the prisoner had in getting together such a number of people to go down to the House of Commons—in meeting them in St. George's Fields—in talking to them in the Lobby—in wearing the cockade on Friday and Saturday—or in any other part of his conduct—had the same intent, by the terror of an outrageous multitude and the violence they committed, and threatened to force a repeal of this net ; if there was no such intention, either in the mob or the prisoner, he ought to be acquitted ; but if you think there was such an intent in the multitude incited, promoted, or encouraged by the prisoner, then you ought to find him guilty. If the scale hang doubtful, and you are not fully satisfied that he is guilty, you ought to lean on the favour- able side, and acquit him."

Now, it rested upon the Crown counsel to show the intent of the prisoner to "levy war upon the Queen" in the legal sense of the phrase. It had been averred by the Attorney-General that his object was to make the Charter the law of the hand— "That, gentlemen, is the only statement of the Attorney-General as to the ulterior treasonable object with which their other acts were to be committed; and if, gentlemen, I show to you and to their Lordships, that this end, this object has no existence but in the statement of the Attorney-General, on this ground alone I shall be entitled to ask that my client shall be acquitted ; and, gentlemen, we have been now here for a week, occupied with this trial ; the evidence took up more than three days, and I nsk you, have we been afforded a particle, a tittle of testimony, or a single declaration in it to show what this Charter was, or what that law was, which was to be proclaimed throughout the land. Gentlemen, there has not been any evidence whatever to show this. Certainly my friend Sir F. Pollock, conscious of the innocence of his client, and believing that he could not be injured by what he stated, blundered a little I rimy be allowed to say—for there was nothing whatever in our briefs to lend to it—in his address to you, al 1lt. t 1,1 _ you something of the first four or five articles of the Charter, and that gave us the first insight into what the Charter was. But, gentlemen, before the Crown can call upon you to send fifteen fellow creutures—fifteen human beings—to an untimely tomb, must they not show to you—not by statements, speculative or imaginary or presumptive, but upon evidence, clear, palpable, uneontradieted, and upon oath—what the nraure of the alteration in the law of the hind was which that Charter would effect ; and also that this was the object of those who are alleged to mutton' plate the alteration ; and, gentlemen, having attended to the evidence pro- duced during the three days, I the believe that not a single point was elicited, in reference to the position which the opening of the Attorney-General Wi. dered so essentitil to Ile proved—not the remotest point was proved as to the proclamation of the Charter as the law of the land—nay, gentlemen, (and if I am wrong I hope I may be corrected,) I do not believe that the word ' Charter ' was once introduced or mentioned; and yet men are to be tried and sent to a bloody grave for conspiracy to make the Charter the law of the land, whilst, by the thirty-nine witnesses who were examined, out of the seventy who should have been called, not one word concerning the Charter was mentioned, and yet this is an accusation of a conspiracy to establish it. This is not the way in which the predecessors of my learned friends dealt with men who were placed on trial for their lives. In the case of Lord George Gordon, lie WM distinctly charged by the law-officer of that day with the design hy fine to compass an alteration of the law ; and were the Jimmy left in doubt no to what that alteration was ? No; the ease was opened by the Attorney-General of the day, and it was proved that an illegal meeting had been assembled to coin. pel the repeal of Sir Gentle Savile's Act in favour of the hi 011111.11 C!ti WIC:, and thus the counsel for the prisoner—the illustrious Erskine—knew what he had to deal with—the charge of levying, war with intent to compel the repeal of Smile's Act. Ile knew that 41114 WaS a palpable and a tangible 0,..1,et to grapple with. Again, in the cases of Watsoo, Horne Tooke, and I lardy, the charges were plain and substantial. They were charged one after the other with the intent to subvert the law of the country, to set aside the Parliament, and. to establish a convention in its place. Here there was something to.tneet, something to grapple whim, and the same was the mode of proceeding in the cases of Watson and Thistlewood. Whereas in this case, the only object stated by the Attornev-General in his opening speech to be that of the twisoner, was the establishment of the Charter as the law of the land, wlwrea there has not been the slightest approach to ',roof of any attempt or design 0 of this kind, or even of in declaration to that effect from one of the 10,000 per. sons who are said to have assembled, in order that this Charter law should he proclaimed." 1 Mr. Kelly proceeded to contend, that if Mr. Frost's design had really been to blow up Newport Bridge, attack the soldiery, and stop the wads, he would have done so when in Newport ; and that, as there was no

evidence to show that even the firing at the Westgate Hotel was com- menced by the insurgents, as the mails were not stopped and the bridge not blown up, the treasonable design could not be inferred from the prisoner's acts. With respect to the expression sworn to by Her- ford and Hodge, their testimony in Court was inconsistent with their depositions before the Magistrates ; and he did not hesitate to charge both with perjury. They had also been contradicted by other witnesses. He contended that Frost's real design was to make a formidable but peaceable demonstration in favour of Vincent and other prisoners. No doubt, bloodshed bad ensued ; and the man who headed, or mixed him- self up with a tumultuary assembly, was guilty of a grievous offence, for which he ought to be punished ; but that offence was not high trea- son, unless committed with a view to overturn the Government—to "levy war," for a general object, against the Queen of these realms. At the conclusion of Mr. Kelly's speech, Chief Justice Tindal asked the prisoner, whether he wished to say any thing in addition to the ar- guments of his counsel ? Frost, who then for the first time appeared to lose somewhat of his previous resolution, said, " My Lord, I am so well satisfied with what my counsel have said, that I decline saying any thing in addition." Sergeant Wilde, Solicitor-General, then addressed the Jury. Only part of his statement had been made before the Court rose ; and when the sitting was resumed on Wednesday, the Solicitor-General briefly recapitulated his remarks of the previous evening- " I called your attention last night to that which on the ISce of' the indict- ment is charged against the prisoner. The first count of the declaration, or indictment, states that he has done that which amounts to this—the levying of war against the Queen in her realm. The meaning, in point of law, of

these wools I have endeavoured to COliVey to your minds by reading the lan- guage of a Lord Chief Justice in the course of giving his charge to a Grand Jury, and while calling their attention to this point, whether or not they should fiml a bill of indictment against certain persons for levying a war ; and I read to you that which Lord Tenterden said, that insurrections, however ill- arranged, provided, or organized—any innovations of a public nature, or for the redress of public grievances, in which the parties have no special interest— are to be deemed an actual levying war ; and compassing, and imagining, that is intending to compel the King. to alter his measures, would be in other words it'levying of war. It is not required that insurrections should be accompanied with any circumstances of military parade ; for rebellion,' says Lord Tenter- den, ' at its commencement is rarely found to present appearances of military discipline or array, although a little success would soon enable it to assume them, In such a transaction, all persons engaged were equally guilty. Some would he more active than others. Some would be more active in the execu- tion, and others in the design. Some would engage in it in an earlier, some in a later part of the business. But the net of each individual in the furtherance of the general design would be considered the act of all, even though those acts were done before they engaged in it ; because by their subsequent en- gagement towards the general object, it showed that they afterwards approved of that which was done towards its accomplishment.'"

A considerable part of the Solicitor-General's speech was devoted to the purpose of establishing a connexion between Frost's acts mid those of Zephania Williams and other leaders in the insurrection, in order to satisfy' the Jury that it was not a sudden or isolated movement for the mere purpose of releasing the Newport prisoners, but a preconeerted scheme to subvert the Queen's government throughout the country— though if the design extended to the deposition of the lawful autho- rities in Newport only, it was treasonable. Ile maintained the credi- bility of the statements that Frost and his associates really intended to stop the mails, and the traffic of Newport, and to produce a general insurrection ; and argued, that the assembling of men in large numbers, from many and distant quarters, the seizure of arms, the compulsory inlistment of the colliers, the proving of the guns during the march, and the attack upon the Westgate fun were facts altogether subversive of the theory set up by the prisoner's counsel, that he meant only a peaceable demonstration in behalf of Vincent and the Chartist pri soners. Frost knew there were soldiers in Newport, and he must have gone there with the foreknowledge that his armed followers would come into collision with them. In fact, they were armed and expecting afight. With respect to Mr. Frost's diameter, let all that had been said for him weigh iii his &your • but Sergeant Wilde could not dis- cover any very extraordinary degree of humanity in marching an armed body of reckless men into a peaceable town, in the dead of night—for such was the design—with no power to prevent outrages, or even to protect his own wife and five daughters. Ile fully admitted that Frost's papers contained nothing treasonable—the prisoner took especial care, it would appear, of his papers. The prisoner could only be convicted upon clear testimony ; and his object was not to convict, but to obtain a verdict, whatever that might be, consistent with the facts and the evidence.

Chief Justice Tindal charged the Jury. He explained the law of treason, directing particular attention to the following dictum of Sir Matthew Hale— II' men levy war to break prisons, to deliver one or more particul«r persons out q' prisons, wherever they are lawfully imprisoned, unless such are impri- soned for treason ; this, upon advice of the Judges upon a special verilkt fluind at the Old Bailey, wits ruled not to be high treason, but only a great riot

but if it were to break prisons or deliver persona generally out of prisons, this is treason."

He thought that the ride of law might be explained in a few words-

" There must be an insurrection—there must be an armeil force ac- companying it, and there must be an object of a general and public nature, and if all these occur in one instance, it is sufficient to consti- tute the levying of war under the statute ; and the question for you to deter- mine will be, whether, when the facts are more fresh within your knowledge, whether the acts reported to have been done hy the prisoner amount to the levying of war in the sense I have explained; or whether they amount to no more than a grievous misdemeanour. For although they may have been at- tended with great daneer to the country and to the public peace, still they may

not amount to the &fence of' high treason, but only to a grievous misle. meanie's."

Having recapitulated the principal facts stated by witnesses, the Judge put it to the Jury to decide whether "the prisoner had levied war against the Queen in her realm "—

" That there was as very great violence, that there was an attack made upon town of Newport, and that a conflict was carried on at the Westgate, is placed beyond all doubt. It is proved that a very large hotly of men Millie into the town at an unusual hour ; and that they came from different points are matters not disputed. Acts were done whichyou are to judge of. If their in- tention was to carry on a rebellion, or by a display of that which is canal moral force,' but by means of which no mischief was intended, it was still ex- pected that the Magistrates would be induced either to release Vincent, or ts treat him more favourably than hitherto Ile bad been treated, if these thine were done with a general design, then was high treason committed ; but if st were for the other object, it would be punished, and very severely punished, by the law, but not with that extremity of punishment which treason incurred."

It was not necessary for the prisoner to show that his design was to release Vincent and other prisoners, but it lay with the Crown to prove that his acts amounted to high treason.

The Jury retired for half an hour, and then brought in a verdict of " Guilty," with a recommendation to mercy. Chief Justice Tindal said—" We shall report your recommendation to the proper quarter." The prisoner, who had closely watched the whole proceedings with-

out betrayal of alarm or agitation till the Jury returned to the box, perceived by their serious looks and slow movements, that the verdict would be unfavourable ; he then turned quite pale, and his lips quivered. When the word " Guilty " was pronounced in the perfectly still court, he sank back into the dock, as if weighed down by distress. The Judges seemed to he much affected, aunt all present sympathized with his suffering.

The prisoner was then removed.

Several expresses, with the verdict, were despatched to various parts

of the country. It was rumoured that Feargus O'Connor had sent a messenger to Birmingham, and the Monmouth Magistrates sent an- other with orders to overtake O'Connor's man, and caution the Bir- mingham Magistrates esaiust a possible I mtbreak of the Chartists.

The trial of Zephaniah Williams commenced on Thursday. Mr, Thomas and Mr. Richards were appointed his counsel by the Court Mr. Thomas made the same objectiim as to the non-delivery of the list of witnesses with the copy of the indictment that Sir Frederick Pollock adduced on behalf of Frost ; and the point was reserved by the Court. The Solicitor-General stated the e.tse for the Crown, and pro- ceeded to call witnesses. abed' of the evidence given on Thursday was to the Sallie effect as that brought against Frost ; but in Williams's case there was more direct proof of the intention to subvert tite Govern- ment and establish the Charter. This is an acemint of speeches Ile de- livered on Saturday the :SI aild Sunday the :id November to assemblies in the lodge- room of the Royal Oak, a publie-house kept by »linself- " Ile said that the :lee-pound notes should be done away with, and the two-pound. also.' He said that the Charter should be the law of the land.' lle tolst them that they were all to 'meet there on the Sunday evening next, and that lie would then tell them, or let them know the night oil hi r meeting, and the minute.' He said nothing about pikes, nor was any thinis said in his presence respecting them. ()Ii the Sundt:y followinet, I ivolt to Zephaniah's

w.len _ went

house. It wits very filth It was (Mout lit A. o'elt I there. 1 there saw Zeplaani:th ; and after :t man had thme speaking, Zephaniah stood up on something, so that he was higher than the re,i. Ile told the people then to go home, and, if they' nIshed it, to change their (dollies and to bring bread and dices,: along with them, and wbatever tlh v hal to defend themselves with to be sure to bring it along %kith them.' hical,J told them 'to be sure to bring guns or spikes, or something of that sort ; or if they bad nothing of that kind, to bring a stick, and to be sure Olt it was a good onc: Ile s ;id that they were to come to the mom:tains between Nantyglo and Ehw- V ale,' Ilat is about it mile front the pri,,tatIt's house and half a mile from mine. Ile first stated something ali,mt lice National Debt ; and then =id that there were so loam, soldiers in Wales, :old that if they were to come oat

I bey (the soldiers) would be nothing if the s would all unite in one

body. Ile also said that ' they were miii 1,) 111111411 10 any old woman's tales, hut to bring their neighbours :don, with them ; and that they were not to press any 011e.' Ile ntated also trie consequence to those who would atop behind ; that there were partiettlar spies set omit flw ilicular places—such as BriLdnuire, Nantyglo, and Releita: lit' said that those who stopped behind might live for a little time, but their lives would be nti,erable to them—that they might die like dogs :' Edo it say he said, ' that they shall die so.'" A cc itness fiir the prosecution was under examination when the last &spat:Ales were sent front Monmouth by reporters thr the daily papers.