Having then referred at great length to the law affecting the case, the learned gentleman proceeded to say:—“I shall now, therefore, give you a short outline of the facts, which I understand will be clearly proved in evidence before you. For that purpose I must remind you of the geographical situation of the county in which these disturbances took place. You are probably well acquainted with what is called the ‘hill district,’ in the county of Monmouth. It is of a triangular form, having for its apex a place called Risca, about five miles from Newport. The base is at a distance of from fifteen to twenty miles as you ascend the country. On the west side you have Nantiglo and Beaufort iron-works—on the east, Blaenavon, and the hills in the neighbourhood; Blorage, I think, being one of the heights. The country is intersected by deep glens, watered by rapid streams; the Rumney being on the west, and the Sirhowy parallel to it; then come the rivers Ebbw Upper and Ebbw Lower, which join and flow down towards Newport; and near to that is Lanthewy, and the river Avon. In that county, as you are aware, are mines of coal and iron. These mines have of late years been worked to a very great extent; and those mountainous hills which, fifty years ago, were almost uninhabited—a few shepherds’ huts only being scattered up and down, are now the seat of a dense population, estimated, I am told, at forty thousand persons, employed in working the iron and coal mines, and in supplying the wants of those so engaged. I am afraid the population which has thus suddenly sprung up is, in many instances, not the most peaceable. I am afraid that a degree of ignorance prevails which is much to be deplored; and that many of those who live there are subject to be practised upon by designing men. It would appear that this population had been organised to a considerable degree by societies established amongst them, so that on any occasion a command might be issued and circulated amongst the population, and speedily obeyed. It will appear that the prisoner, John Frost, who had been for many years a linen-draper in the town of Newport, possessed extensive influence in this part of the country, the hill district of the county of Monmouth. Newport, you are aware, is the place from which the coal and iron obtained in the mines is exported. It is a considerable town, and great importance is attached to it. It is the highway from South Wales to Bristol, Gloucester, Birmingham, and the north of England. It will appear in evidence before you, that in the week preceding Sunday, the 3rd of November, a plan was formed for a general rising of the population of the district, to take place on the night of that Sunday, when it should arrive. Various consultations were held, at which Mr. Frost was present. Those consultations were held chiefly at a place called Blackwood, between Rumney and Sirhowy. There is a public-house called the Coach and Horses, where there was a lodge or society, and where meetings were held, and where it is clear this scheme was devised or matured. There was particularly a meeting held on Friday before Sunday, the 3rd of November. Deputies attended at that meeting; there was a return of the armed forced which could be mustered; and it would appear that there the plan or scheme was laid down which was afterwards to be carried into effect. What was that plan? It appears that orders were to be issued to the men to assemble armed on the evening of Sunday, November the 3d. There were to be three principal divisions—one was to be under the command of John Frost himself, who was at that time stationed at Blackwood. Another division was to be under the command of Zephaniah Williams. Williams lived higher up the country; he kept a beer-house at Coalbrook-vale, on the Ebbw, near Nantiglo. He was to collect the men up the country, and to bring them down towards Newport. The 3d division was to be under the command of a person of the name of William Jones, a watchmaker, at Pontypool. He was to collect the people from the north and west, and bring them down, and they were all to meet somewhere near Risca or Cefn, and to come on to Newport. They were to be at Cefn about midnight on Sunday, and, being assembled there, they were to march to Newport about two o’clock in the morning—a time when it was expected that there would be no preparation to receive them; when the inhabitants would be buried in sleep, and entirely disarmed of all suspicion or apprehension of danger. They were, when at Newport, to attack the troops who were there, to take possession of the town, to break down the bridge which is there across the river Usk, to stop the mail, and then, by a signal, the success of the scheme was to be announced. The mail not arriving in an hour and a half after its usual time, those who were in concert with them in that town would know that the plan had succeeded, and there was to be a general rising there, and in Lancashire generally, and elsewhere. Gentlemen, there never was a charter law universally and instantly established—there never was the remotest chance of this scheme being accomplished; but, had it not most providentially happened that the night between Sunday and Monday was one of the darkest and most tempestuous that was ever known in England, it is difficult to conjecture the degree of mischief which might have been wrought before the insurrection could have been suppressed, and peace and tranquillity restored. Gentlemen, John Frost, the prisoner, remaining at Blackwood, the men under his command did assemble considerably earlier than the other divisions. He crossed over from Blackwood to a place called Newbridge, on the Ebbw, and came by Abercairn to Risca and the Welsh Oak, and there he was early in the night; but, from the difficulties which presented themselves, the other divisions, which were to come from the upper parts of the country, did not arrive until long after the expected hour. Zephaniah Williams, who was to bring the men from Nantiglo, did not arrive till after daylight. William Jones, who was to bring his division from the north and west, did not arrive at the appointed time. A man of the name of Britton, who commanded a party of this division, did arrive in time, but Z. Williams with the others was too late. John Frost having come to Risca, remained there until shortly before daylight. It was then thought necessary to muster the forces there collected, and to march on towards Newport. There were collected at that time, according to the best computation that could be made, about five thousand men. Many of them were armed with guns and pistols, many had spears or pikes, and many were provided with an instrument called a mandril, which, as I understand, is a short instrument, made of iron, for picking coal in the mines—a very dangerous and deadly weapon if used for hostile purposes—resembling a pickaxe in shape; others had scythes fixed on sticks, and those who had not weapons of this kind were armed with sticks and bludgeons. Mr. Frost commanded them, and they marched towards Newport. They marched in military order, five abreast. The word of command was given from time to time by Frost, and they came down from Cefn by Pie-corner to Tredegar-park, the seat of Sir Charles Morgan, and through which the highway of a tram-road passes. By the time they had got to Tredegar-park, the day had dawned. Here inquiries were made by Frost as to the position of the military. I may now mention what had been passing at Newport during the night. Intelligence had been brought to Newport on the Sunday night of what had been passing in the hills. Mr. Phillips, who was the mayor of Newport, immediately took measures for the safety of the town, and special constables were sworn and stationed at the most important points. There are three principal inns in Newport, the Westgate, the King’s Head, and the Parrot. These inns commanded the principal streets, and there the special constables were stationed. The Westgate is in the market-place, and was considered the most important station of all. The mayor went to the Westgate with other magistrates, and sat up the whole night, sending out constantly for information, and making the best preparations to preserve the peace and defend the town. When the day dawned intelligence was brought that the insurgents were advancing, and were in the neighbourhood of Newport. The mayor had sent a person of the name of Walker, to gain information. That person had been shot at, and returned dangerously wounded. The mayor then sent for military assistance. There was in the neighbourhood only one company of soldiers, under the command of Captain Stack, who were stationed in the workhouse, which had been converted into a temporary barracks, and is on the outskirts of the town. Captain Stack sent thirty of his men to the assistance of the mayor, under the command of Lieutenant Grey and two sergeants. I believe the barracks are about half a mile from the Westgate. Lieutenant Grey brought his men to the Westgate, and in a little time they were stationed in a room in the inn which it is material, gentlemen, I should describe to you. That inn is in Westgate-street, fronting the north. On the east side there is a room, with a bow-window, looking out upon the street. In that room the military were stationed. There is a corresponding room on the western side of the house, where the magistrates were assembled. Between these two rooms is a corridor or passage, which you will find was a scene of strife. The special constables remained before the door of the inn where they had been placed. The military had not loaded, and it will be a fact most material to the case, that the soldiers did not load their muskets till they were fired upon. This being the state of things at Newport as the insurgents approached, Frost at the head of the body, and giving the word of command, they reached the machine at Court-y-bella, and there Mr. Frost inquired respecting the military. He was told by two boys whom he met at the turnpike, that a number of soldiers had marched to the Westgate Inn. On that the insurgents divided, and part of them turned to the left and went up the hill leading to St. Wollo’s Church, whilst another part kept to the right and went towards the town of Newport, through Commercial-street. This last division afterwards came up and joined the others. Those who had gone by St. Wollo’s or the Friars, went down Stow-hill, which leads to the Westgate Inn, where Mr. Frost had been told the military were. Mr. Frost still walked at their head, and when they had passed a place called the Catholic-chapel, which is close to the back of the Westgate, the insurgents tried to gain admission to the Westgate Inn by the carriage entrance to the courtyard, behind the premises I have been describing. That entrance is from Westgate-street, and when they failed to procure admission there, they wheeled round to the front of the Westgate Inn. Mr. Frost was still with them, and, as it will be distinctly shown to you, was in front of the Westgate Inn at that time. The special constables were before the door, and the insurgents asked them to surrender; one of the constables said they would not surrender, on which the command to fire was given, and immediately the firing began upon the bow-window of the room in which the military were stationed, and the insurgents attempted to break through the front door of the porch to the interior of the house. They used their pikes for the purpose of forcing the door, and having succeeded, they got into the hall and the passage leading from the magistrates’ room to the room where the military were stationed. It was now the time for Lieutenant Grey to do what became him as an officer of her Majesty, and as a good subject of this country, who wished to preserve the lives of his fellow-subjects, and to take care that universal confusion should not occur. Orders were given by him to the military to load. They loaded. I should mention to you, gentlemen, that the room in which they were stationed was that in which was the bow-window—that is, a projecting window having three sides, and not being circular. The shutters of this window were closed, and the glass had been broken by the shots which had been discharged. But while the shutters remained shut the soldiers could not use their guns and fire on the insurgents. Lieutenant Grey, who on that occasion acted certainly in a manner which is above all praise, for the moderation, the firmness, the energy, and intelligence he displayed—went to open the shutters of one part of the window; the mayor went to open another part of the window, and Serjeant Daly to open another. As the mayor opened the shutters he received two wounds, one in the shoulder and the other in the hip. Serjeant Daly was also wounded in the head by slugs, which passed into it, and the gun which he had in his hand had its lock knocked off by a ball which had been fired by the insurgents. The soldiers were then ordered to fire. At this time the insurgents had gained the various approaches to the house; they were in the passage leading to the room in which the military were assembled, and if the order to fire had not then been given, there is no reason to doubt that the military would all have been massacred. The order, however, was given, and it was speedily and effectually obeyed. The insurgents in the passage were fired on, and several of them fell and were killed. The shutters being also removed from the window, the men directed their pieces through it, and thus had command of the space in which the insurgents were drawn up. They accordingly fired into the street, and several of the insurgents were wounded and fell, and the others were speedily dispersed (Mr. Frost had not been seen after the firing first began), and they fled in every direction. Zephaniah Williams was about ten minutes too late, but he did arrive at last with the Nant-i-glo men, a band almost as numerous as that led by Frost himself. William Jones, of Pont-y-pool, did not come nearer to Newport than Malpas, but he was proceeding onward when he heard of the disasters which had happened to his associates in Newport. He likewise fled, and the men who were with him dispersed. I should mention that these three parties in their progress scoured the country and pressed various persons whom they compelled to march with them, at the same time seizing all the arms they could find. Mr. Frost himself was seen soon after the defeat of his associates in Commercial-street, which leads to Tredegar; after the action was over, he was seen in Tredegar-park escaping into a wood, and he was apprehended in Newport on the Monday night with pistols and powder in his pocket. Gentlemen, thus tranquillity was restored, and it will be for you to say, if these facts be true, whether there is any reasonable doubt of the guilt of the prisoner Frost. And how are those facts to be proved? With regard to the main circumstances, no doubt whatever can be entertained; and I shall prove the facts by witnesses who are above exception, who were unconnected with the circumstances, and who were employed in trying to establish peace and to restore tranquillity. With regard to the declarations made by Frost, which I have avoided to detail for the present, the proof of these will much depend on the evidence of persons who were concerned with him in the insurrection. When my learned friend comes to remark upon their testimony, he will probably call them accomplices; but, gentlemen, whether they are voluntary or compulsory witnesses, there is no doubt that their evidence ought to be received with great suspicion, and weighed with anxious care; but if you do sift it, and find no good reason to doubt its veracity, you will not hesitate to believe the evidence given by such individuals. In such cases evidence of this kind must be laid before the juries who try them; for it is evident that treasonable conspiracies are not concocted in public; and how can they be proved but by the employment of spies and informers, whose evidence, it is true, is generally condemned and often disbelieved. In this case, however, I purpose to call no spies, no informers—for none such were employed—but I propose to call persons who were engaged more or less in the insurrection, and who, I submit, may be trusted if their evidence be consistent, and if it be corroborated as to the main points to which they will speak. On that evidence no doubt will exist in your minds with regard to the guilt of the prisoner. Gentlemen, it gives me sincere satisfaction to find that he is defended by gentlemen of the first eminence and the first talent at the bar of England. All that zeal, learning, and eloquence can accomplish, will be achieved in his cause, so that the result of this trial must satisfy the public justice of the country. I own it seems to me, that my learned friends will have a difficult task to perform. I think they will hardly deny the law of treason as it was laid down by Mr. Justice Foster and Lord Tenterden; and here was an insurrection of men, formidable from their numbers, met for a public purpose, and actually engaged in conflict with the Queen’s troops, not accidentally, or in a sudden affray, but publicly, with premeditation and design. Will my learned friend say that it was a private object the prisoner sought to obtain? What this was I am at a loss to conjecture. It was not private revenge, or a private grievance. The insurgents did not meet for the purpose of discussing petitions to be presented to the Queen, or to either of the houses of parliament. It was not a meeting arising out of disputes between the masters and servants engaged in the coal and iron trade. It was not a sudden outbreak arising from want of employment, or the want of food; for, I believe, that if inquiry be made, it will turn out that the coal and iron trade has not been in a more prosperous condition than it was when this insurrection occurred; that the wages of those employed in it were high, and that those persons who were engaged in the insurrection had no pretended private grievances which they wished to redress. What conclusion then must be drawn from this if the witnesses speak the truth? That they assembled for a public object with an armed force to change the law and the constitution of the country. Unless this offence be satisfactorily made out there can be no question, gentlemen, that it will be your duty to acquit the prisoner, and that you will have great satisfaction in doing so; but if the evidence clearly and satisfactorily establishes the case against him, you will no doubt act the manly part which it will be your duty to perform. You will not shrink from your duty, whatever may be your feelings. It imports all persons, whatever may be their situation, that the law shall be respected and obeyed: whether they possess landed property, or if they are merchants, or tradesmen, or labourers. Whatever may be their situation, whether it be high or humble, it imports them all that such tumults as this should be suppressed, and, for the sake of example, that punishment should take place. I have given you a short outline of the facts of the case. I have no doubt that the witnesses who will be called and examined will receive from you the most careful attention, and that you will listen, with the respect due to them, to the arguments which may be adduced in favour of the prisoner. On these it will then be your important duty to pronounce your verdict of ‘guilty’ or ‘not guilty;’ and I have no doubt that you will do so with justice towards the prisoner, and with satisfaction to the public justice of the country.”
The learned Attorney-General having concluded his address, the first witness, named Samuel Simmons, was called.
Sir F. Pollock rose to submit an objection to the court, to the examination of the witness. It appeared that by various statutes, the prisoner was entitled to the delivery of a copy of the list of witnesses to be examined at the trial, and also of a copy of the indictment, and of the panel. The statute of the 7th William III. entitled the prisoner to the delivery of a copy of the indictment five days before the trial, and to the delivery of a copy of the panel two days before the trial. The statute of the 7th Ann, c. 21, s. 11, provided that “when any person should be indicted for high treason or misprision of treason, a list of the witnesses who should be produced on the trial for proving the said indictment, and of the jurors, mentioning the names, professions, and places of abode of the said witnesses and jurors, should be also given at the same time that the copy of the indictment was delivered to the party indicted.” It then further provided in favour of the prisoner, that “a copy of all indictments for the offences aforesaid, with such lists, should be delivered to the party indicted ten days before the trial, and in the presence of two or more credible witnesses, any law or statute to the contrary notwithstanding.” In the present case the list of witnesses had been handed to the prisoner on the 17th of December, but the copy of the indictment had been served on the 12th of the same month. The distinct provisions of the act therefore had not been complied with.
The Attorney-General, on the other side, contended first, that the objection was too late, and that it ought to have been made before the arraignment of the prisoner on the indictment, when the formal error, if any had been committed, might have been remedied by fresh service; but secondly, that in fact there was no error at all, for that the service of the copy of the list of witnesses and of the copy of the indictment before the time required by the act of Queen Ann was advantageous to the prisoner, and that their not having been handed to him both together could not be deemed by the court to be sufficient ground for setting aside the proceedings, or for directing an acquittal of the prisoners.
In answer to these arguments, which occupied the whole day, Chief Justice Tindal said, “It seems to me that the prisoner’s counsel have raised a very great doubt, and the point is one which requires serious consideration. It is the more important as the same objection may apply itself, under existing circumstances, to several other cases. We propose, therefore, to take a course in the present case, to prevent the possibility of any hasty decision operating to the disadvantage or prejudice of the prisoner on the one hand, or to the prejudice of public justice on the other. We shall allow the trial to proceed, and take the opinion of her Majesty’s judges on the subject, in the event of the result of the trial on the present occasion making such a reference necessary.”
On the 2nd of January the learned counsel for the crown proceeded to the examination of witnesses in support of the allegations against the prisoner. The evidence was corroborative of the statement made by the learned Attorney-General, and it is unnecessary to repeat the facts which were sworn to. Sir Thomas Phillips, the mayor, who had been knighted, and Captain Grey, who had received a new rank in consequence of their gallant and praiseworthy exertions in defence of the town, were called and examined, but they in effect related the same story which had been detailed in the opening speech.
The next witness called was Thomas Walker, the special constable, who had been wounded. He stated that he went out by order of the mayor to make observations upon the district towards Risca, which is about six miles from Newport. He found several parties of men on the road, apparently armed; and at Risca he heard shots fired, and some cheering. On his return he was stopped by about sixteen men, and he was stabbed by one in the thigh, while another fired a pistol at him, the ball from which inflicted a very severe wound. He managed to reach Newport, but on his arrival there he was so weak as to be unable to walk any further; and having reported himself to the mayor, he was carried home and put to bed.
The mode by which the men, under the command of the prisoner, increased the number of his followers, was detailed by several witnesses, who were labouring men, residing on the different lines of march taken by the Chartists. From their testimony, it appeared that every cottage was attacked and the male inhabitants forced to take such implements as they might possess, (fit to be employed as offensive weapons,) and accompany the main body. In case of refusal, or of disinclination being exhibited to obey the orders which were given, force was used, and persons were set to guard those who appeared likely to attempt to escape. Out-scouts, it was also proved, were appointed to watch the districts in the neighbourhood of the Welsh Oak, and the various places of meeting, and upon the approach of any strangers, they were directly seized and carried before some of the leaders for examination. Chartist lodges were shown to have been established throughout the whole district of country surrounding Newport; and at the meetings which were held antecedent to the insurrection, collections were made for the purpose of defraying the expenses of the purchase of arms to be used against the authorities of the town.
Other witnesses were called, who deposed to facts implicating Zephaniah Williams and William Jones, as well as the prisoner Frost, and proved the employment of great violence by them and their followers.
The evidence as to the apprehension of Frost, was that of Mr. Thomas Jones Phillips, clerk to the magistrates of Newport. Having proved the issuing of the warrant for the prisoner, he said “On Monday the 4th of November I went to Mr. Frost’s house with the superintendant of police, but he was not there. I afterwards went to Partridge’s house, but not in search of Mr. Frost. I had a search warrant for Partridge’s house. I went to the house attended by some special constables. It was between the hours of seven and eight o’clock at night. I knocked at the door, but no notice was taken. I then attempted to enter the house, but finding the door fastened, I called out ‘Partridge,’ and he said ‘I am gone to bed.’ I said ‘Get up and open the door, or I must force it open.’ The door not being opened, I forced it open. I heard the cross, that seemed to fasten the door inside, falling down, and then, when the door was open, I saw Mr. Frost standing within two yards of it. He was facing me. The cottage in which Partridge lives is a very small one, and the door opens from the street into the room. There is no passage. I walked up to Mr. Frost, and laid my hand upon his shoulder on one side, while Mr. Rogers, who was with me, laid his hand on his other shoulder, and said to Mr. Frost, ‘He was a prisoner.’ Mr. Frost said, ‘Very well, I will go with you directly.’ I said, ‘No, I am not yet prepared to go with you,’ for I had the search warrant to execute. I then searched the house. Mr. Frost appeared to me (at the time) to be very much fatigued; and he himself told me that he felt very uncomfortable. He walked arm-in-arm with me from Partridge’s house to the Westgate Inn. He was not searched till he got to the Westgate Inn. There were found upon him three pistols, a powder-flask, and some balls. The balls I believe were loose in his pocket. The pistols were all loaded.”