“With respect to the statement in the memorial, of what took place at the trial, so far as relates to ourselves, we cannot but remark, that the learned counsel labour under a complete misapprehension, at which we are the more surprised, as we expressly stated that no distinction would be made between this and other cases tried at the assizes, but that it must follow the ordinary course.
“At the time of the discussion, we all of us entertained serious doubts, more or less strong, on the objection that was raised before us. And if the law had obliged us to come to an immediate and final decision, without the power of consulting the judges, which the law does not, we were not prepared, without much further consideration, nor without hearing the argument on the part of the Crown concluded, to come to any determination on the point. We therefore followed the ordinary course pursued on similar occasions, decided the point against the prisoner by allowing the trial to proceed, subject to the revision before referred to.
“We beg to inform your lordship, that we think the circumstance stated and relied on in the memorial; viz., that two of the judges under the special commission ultimately declared their opinion in favour of the objection, does in our judgment make no difference whatever; nor do we think that any inclination in their minds at the time of the trial ought to affect the question; the law is taken from the majority of the judges when consulted.
“Under the circumstances above mentioned, we beg leave to represent to your lordship, that in our opinion there is no ground whatever to entitle the prisoner, John Frost, to a free pardon.
“N. C. Tindal.
“J. Parke.
“J. Williams.
“To the Most Noble the Marquess of Normanby, &c.”
While these proceedings were going on in London, on the 26th of January, Bradford, in Yorkshire, was made the scene of acts of conspiracy against the government; but as the particulars of this affair appear in the allusion to the trial of the conspirators, which we make hereafter, we shall not here further refer to it.
The trial of those prisoners whose names we have already mentioned as having been parties to the Sheffield conspiracy, came on at the York assizes on the 16th of March, before Mr. Justice Erskine.
The court was at an early hour besieged by parties anxious to obtain admission. In a part of the hall a great number of pikes, knives, daggers, and fire-arms of various kinds, were laid in readiness to be produced at the trial. On the table in the court was a large basket containing pistols, muskets, balls, powder, and shells of various kinds, some of them nine or ten inches in diameter, and bound round with great quantities of pitched twine.
At nine o’clock his lordship entered the court, and was immediately followed by the Attorney-General (Sir John Campbell) who had gone down specially to conduct these prosecutions.