On this page

• Text (2)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    Untitled Article

  • 

    Untitled Article

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Untitled Article

    LANCASTER ASSIZES , f Conth . uedjTom onr thirdpage . J afierwurc . s tie mob re ' reated , v- d we returned to onr qcar-. rs . The mills ui-xt day resumed -work , and si ] v& 3 perfectly qnie :. Four pe-r . --oni died id coB ^ cqreiee of the injuries they had received . By 2 dr . O'Connor—A i the tiros the miiitaJj came DP , ihe constables were paying lheir stages about the p ~> ple . I can ' t mj how long the firing continued s'ier the people were motionless . It was deliberate and not rapid —« m » ght be fifteen fires a minute , but I can ' t say . I have not heard the MaTor blamed for his rash conduct in ^

    ordering ibe military to fire upon tbe people ; bui 02 the contrary . I b 3 Te ht-ard his co » dnc : praised us sil quarter . * , under ihe circumstances . I admit that I went among zhe people myself , and wished them to disperse , but the military and * he constables mre close at hand . 1 dio ddi hear a rumour that h was tbr ins-ect ! -n of the Messrs . Hainsworth , of Preston , to Ttcvce ihrir w ^ e , nnril after the meeting . 1 sm quite positive of thst . 1 was not si the " first inquen held upon the parlies killed . 1 did" not Fte tbe bodies . I don ' t £ now that two men were Wvmr . d' d in the hack .

    By Sir y . Polk-ck—The town was not in a general f * aieof disturbance antil after tbe arnral of Aitkio std Challrigcr . Some sh ^ ht disturbance had taken place before . It beiTi £ lit ^ w seven o ' clock , the Court adj-nrne ^ till the following morning .

    FB : DAT-THIRD DAT . In const qa ~ nce of > 2- Baion Roife having arranged this m ^ raibg to di > p . > 5 t ! t-J 3 charge of mnrUrr scaia > l a yoans \ 5 oa : an E&m ^ ti Alice Greenwood , ci Bia * . » i . uin , rV ^ ged * o cave bt ^ n coaunittod by her , in thr n > i ? nth of January last , upon ihe bo < sy of her illegitimate male child , the resumpiicn of tha evidence in tbr proBecutioa of the Ciariists , did not take place till nearlj iwJTs o ' clock . Tbe Twdictin ths case of murder was Not Gailty . Ths Learned Judgt took his test in the Nisi Prim Court at tsrdve o ' cJccfc , -ween tbe Jury , in tue case ui " The Qae « a against Itargus O Connor and otters / Tr&s citied over . Brfure the evidence - ? ras resumed ,

    Tbe Attemij-GraeKJ ttated to his Lordsmp , thai having car ^ foUy lpcked c-vtr the depositions aa tfF ^ ctin » Joim Wiia , one of the defendants , "wfco crots-txaaiiEed ths witness . Bactiey on the previous day , be lad tome to the conclusion , in concurrence ¦ with Ma Learned Friends , not to vSVr any further evidtnee sgaicst Wai A "verdict of ArqciVtal "was accordingly taken , Tbe swae conr « was adopted "with regard to Thomas Pitt , anethrr vt the def-ndantB .

    The Attorney-General made an applicaben to tbe Conn "with rtfcitEcstbe aitendance of the Ret . J ^ n Taylor , Incumbent of Backinfield , who vrisbed 10 vff < r evidence ts to th ^ character of John Crossley . oue of the defeihiaEis . It -would be inconvenient for tbe Rev . fientJem 3 n to be detained in Lancaster over Sunday , and the JL = antrd Gentleman accordingly proposed tc ^ it Ih 8 evidence of Mr . Taylor ihonld then be iakea . The Rev . GtEtlvman » -vas iWt « i , anfl be gsrre a very JaTonraKs opinion of the character of Cressley , as a peaceable and orderly mzn .

    Mr . Joseph Hibbert , clerk to the Magistrates at Hyde , exaniiufcd by the Atlorcey-Oeneral—I remember the disturbances at Hyde , in August iast . There is a Wfc-np theie , bnt it -was not safs to confine the parties in It , chained -with rioting , it -was tbe dntj ot Mr . little , Special H gb C . cat 3 ble of Hyde , to msike daily reports to tbe Ms ^ isiTEtes , as to tbe state of the to-wn . The book now produced , is the one which has been used for that purpf . se . 1 have frequently seen Little use it By Air . O'Coeht—I consider Mr . Little as competent an authority 23 any ctber f . r tbe discharge of the dury . 1 am clerk to tbe Ua ^ isiratts , and 1 never heard that in the month of Aususr las a cumber of tie miUcsmers gave rotace to their hands to ieave ¦ work . The Atiorney-G-sieral objected to a "witnfiss being t £ i& 3 as to wlstt ' a" had heard . There "would be no * » d to the case if sccfa latlrcde -were allowed .

    In reply to a farrier qn = stion by Sir . O'Connor , tbe wiiness said that the dismrbances in Hyde ended about the 20 thofAngnit-By Richard Otiey . dtfen 53 n*—I did not hear of any particular distress in Hyde during tbe month of August lest year . Mr . John Bro&k csimined by the Attorney-General—2 am bookkeeper ^ td jnsnager to >* r . Pratt , cotton spinner , of Staly ^ ^ ce . On Mos : sy , tbfc Sth Au ^ Bst , 1 T ^ member n Eioh c * Tnii > 5 to lie mill . & little before nine o ' clock in tie morning . I can't » eil tbe number ,

    hut the street was fnJl I sbeuld think ihtre were thousands . I iras in lib niOJ-yard , and having bad an intimation that the snob was tbtre , I . along -sriih the overlooksr , gst ouisifle , just btfore they cama up . I sskfrJ tbe peoplt s-bat thty -rrasted ? They said they "Wou ^ efi the liaiifis oai . I asked -what for ? - Oar iiands are faflsSed - « Fith tcalr xsgis , and do not » ant to corns oni * Toey replied . — " We irill have them out : tbey mnst go ^ witfc us to ret our rights . " I said , — If -our hands come out , they "" " ill aot go with you ; we shall start the tnsine to-morrow morsing , and tbey win come in ajjsni . "

    Mr . U 3 = ds ? obj-ictt « i to this eviSeaca , masmnch as he nn-iezsloo ;! liv-m the Atio .-ney-G-eueraJ , thai the witness c-3 nld rot prcre that say of the defendants had hsd finylhifig to do with tLs these irmeaclion * . The Attorney-Geaeral said that he bad certainly jnsda that admission , but ht did not intend it to affect hi- right to ffsr the tvidence . The Judjt—Proceed . Examination rtsum ^ d—Tb . e people replied " Neither yonr mill nor any mill shall wart again , until we get our right * . " I said ¦¦ It is " ?« ry ¦ wrong in you to force persons agiiBsi thtir will , for our hands are gfcltii sj sicrs wages than ih ~ j were t »* uty-Bve years ago * The mob said it was a lie , and tbey jostJ *^ me about , to force me to open tha door . They said that if tbe doors were not opened , and the hands turned out . th ^ y would

    break the windows . Tht large doors were opened from inside , and tfce mob rusted into the yard . They sent a deputation into each towz of the mill , to ascertain that all tbe ^ rrnrja -were turned out . They then left the pre-Bilsea . Oar -srefckiv reopJa « re recerring imre wages 1 ± iau they -trere twe = ty-2 ve years ago . The spinners are paid by the quantity cf work thsy do . Tbf-re has been no alteration for kuds years txcept ft friflitrg advaoce . In August last , those who worked by piece suffered a reduction of ten per coat . A s < pinner will earn from 22 s . to 36 s . a "WEek . The smount varies according to the quality of Ok& itcu und the quantity of machinery employed . The aTerase is ZHs . a week . I do not kiov that any spinner in our mill was earning leas tbsn 22 a . in August last . If there were any , they would not be producing the prcptr quantity of work . Ms . Platt does not employ any "wea-Feia .

    By Mi . iyon ^ as—i tne ^ w men in Mr Bailey ' s mill , -vrfc'ci ia abcut three hundred r&rds from our's . -srere , in the isunth of August last , uiider notice ot a reduction < if -a ^ iges amounting to twenty-fi- ? e per cent . Mr . Bailey ' s naill "was closed in the month of August . 1 « aa * t S 15 posi » iv-ly whether it was ttepped for a month or i > ct , but I thisir that would be about the time . " Wben tbe people came to Mr . Platfs mill , they < iid not do n&y i ' saLngt tothe property . By Mr . O Onscr—We have about three hundred hands , and - « e p ^ y afcsut £ 310 p » -wtefc "We have fcJRBi pincers to s *¦ aoa ^) e der&ed mule . " ' We have fiTe of these , acti three of them require sight piecers to attend th = in , and two of them seven . We hare twanty-seven pair if sinfels decked mnies , std four

    pitcera to each . We have thirty-five spinners . It was onlj tfce tb'rrv-Sve ? pinners that receiytd from 22 s . to 36 s . To « an this rate , the spinners work upon a single decki-d moie , trMch reqnires four piecera each . A man working a fall jre ^ i aims at £ S 6 s . for the fort night . From this tbere ia a deduction of tan ptr cent ., and gasli g ht , 2 a . » week , reeucing it to £ 5 Sj . 6 < i . A man woriing at a double dtcked mule , will aim at ; £ 13 a fortniKbt . From this there is a deduction of 20 per cert . The £ 310 of which I cave spoken as paying to the men , is paid every fortnight Par a doubledscked mule , tiers is a deduction of 3 s . a week for gas - There axe no £ ne 3 except for spoiled "Work . 1 cant ray what is the largest amount of dedncHocs that has been made at any one time . Tat amount paid to the

    men -weekly is abont . £ 155 . Oai of thai thirty-five of the Epinnea am froa 22 s . to 36 s . a week . This would leave a » acerage of 7 s . 6 ± a week far Hie remainit , g 265 hands . 1 2 m not aware ihat the spinners make any deductions from the wa ^ sa of ? he plectra . It waa represented that the disUese cf the woriing people in Hyde , in August last , was very grest . I also beard that committees of the sbtrterprrs were appointed in conse quence . I -do not > aow of my q-wu knowledge that aereral of the m ; ili -jmers gavr notice that the hands inoold not h . vre any more troii unless they would snbnnt to a considerable itdurtion of wages . When the mob came to our ndiu they pasbed against the daors . but they did not fcrpi them open . My master ordered them to be © pesea f mm fear . Bt is not here . Leach

    ByJames , d « eEd « ii—The description of the workmen to trhich we paid the same wages fis we did 2 o years ago are a * follows : —We bad at that time 1 earner 17 & . a -sreti ; 3 itripper and grinder , 1 at 12 a . and another at lls ; 1 frame- t- 'tnterer 8 s 6 d . We bsve HOW 1 carder at 19 s ; 2 coders tnch 27 s ; 1 grinder 13 s ; 5 grinders each H 3 ; strippers now on pkcewoA make trom 13 s to 17 a ; first class Irame tenters 10 s-Becond class . 93 ; third class S » 6 i 3 am not aware of the number of bands in tbe mill twenty-fire years ago . I was not in the concern at that time . I took the wages I have stated from tbe boots I was . in the concern 20 years ago , bat only as a warehouseman . I dont tijjnk there we the same number oT hands -making the same amount of work because we hare altered the principle of the machinery ! Wt » spinning 80 ' s and 16 < Ts now . 1 dont know what we paid per pound : twenty-five years since . I

    began / to jay wages seven years ago . 1 can't ismember Bie rate we paid at the time . I d « nt know that spinnea in Stalybri < ire are only earning 12 ? . a week . Twenty y ^ ars ago men w ere spinning on 300 spindles ; ten years ago , on 1600 j now we have as -h as 1648 . X dont remember bow many spinners we " * twenty years ago . I think we have thirty-five " now The Judge—1 can ' t understand the meaning of yonr examination .

    Untitled Article

    Defendant—My objeci is to show , my Lord , that th y are not paying anything like the amount of ¦ 5 V 3 ges now that tras paid two years ago . Witness—1 say tb » t we paj as much in the gross amcunt , and I will maintain it . Some of the hands in our mill live in houses belongintj to the firm , and others do not . It is expected liat they will do so , but nothing particular follows if tbe expectation is not complied with . We have several houses to let now . The rente vary from thres shillings and fourpence to about four shillings weekly . The rents are stopped when the wa ^ es are paid , but not in all cases . When the men returned to work after the turn-out , we did not stop the rent for the week .

    There are somehaDds in our will earning from se ^ en to eight shillings per week , bnt I don't krow that apy of them live in these houseB . I am not aware that we have a single hand earning only seven shilling * a-week , from whom we stop as much as three and four-pence a-week for rent . I can't swear it , but 1 don ' t believe it . My business is to attend to our own mill . 1 know there have been complaints by the operatives in Stalybridge , as to the small amount of remuneration paid for xheir work . I heard the same complaint t-wenty five years ago . I have heard them ever since 1 lived . 1 know that the owners of these houses are grumbling very much abcut the low rents they are getting . There are a many bouses to let in Stalybridge .

    The Attorney General said be must really objpct to this style of » X 3 mi nation . He wished to be as forbearing as po ^ ible , but what they heard had no relrvance whatever to the record . The Judge did not see tbe relevance of the examination at all . He understood both the witness and th <» defendant to be correct in their views . The witness haJ stated that a man of ordinary skill and industry , working a full week , would receive more monev than he did twenty-live years ago ; the defendant , on the other hand , maintained that the man sare 3 larger produce for the amount , and that therefore , in point ot fact , he got Ie 33 . Witness—That is what 1 mrant , of course taking into amount the alterations of machinery between this period and twenty-five years ago . The Defendant was proceeding with hi ? examination , bat his Lordship interposed , and JVlr . Leach consequently sat down .

    Mr John Bradshaw , examined by Mr . Hildyard—1 am a mill-owner , at Stocipert . On the llth of August last , a mob , amounting to several thousands , and armed with sticks , approached the mill 1 ttood at the lodge door . The mob came up and demanded to be admitted , for the purpose of turning the bands out . 1 rtfnsed to aL ' ow them io enter , on tbe ground that it waB dinner hour , and that very few people were there . They said they must be in . 1 pushed them back , and locked thb door . Th « y made an attack upon the Iodg 9 gates , and broke the windows . They succeeded in forcing an enirance imo the mill yard . Very considerable violence was offered to me . 1 was surrounded by the mob , and so severely beaten with sticks , as te confine me to bed for several days , l escaped ont of the yard , and met with similar treatment in the street .

    Bv Mr . O'Connor—1 did nol hes * of any vjoleDce Dfing cSVred to any other millowcer , in Stockpori , or any auaek npon any other mill . There was very little excitement in Stockport bs-fore that day . 1 believe there has beeD a great deal of angry discussion at Stoekport , between the Chartists and those called " Corn Law Repealers . " 1 believe there are some tnillowntrs in Siockport , who have taken an active part in such discussions , but 1 don't know of in ? own knowledge that they belong to the anti-Corn Law League . 1 once attended a meeting of this description , two years ago , and 1 have not attended any since . 1 am not a member of tbe anti-Corn Law League . Bv Sir F . Pollock—Mine is tbe only mill in Stockport at which resistance was offered to the mob . After that resistance , 1 am not aware that any other mills in Stockport were attacked .

    M »\ Joe Cooper examined by Mr . Wortley—1 am a cotton spinner , and live in the town > hip of Cbi 3-¦ w * 01 , near Glossop . My father ia the owner of a mill , and 1 and my brother assist at it . Ou the llth of August a mob of about 150 persons came to the mill . They said if we did not turn the hands ont tbey would rake the fire out . We then stopped the wcrking . The hands left the mill , and went in various directions . When they turned out , the mob w * mt away . Some of the bands returned , but we said we did not wa ; . t ibem , as the mob had said that if we smarted they would stop us again . At the request of the hands we resumed operations on the 24 th of August . They came a ! most every day to see when we started , as tht-y wished to bt-gin again .

    Darir g the interval 1 attended a meeting at Gloasop . Several hundred persons were there 1 know John Lpwis , one of ihe Uelendant . " . He was at tho meetin " , and made a speech . He said he had attended several meetings of the delegates ai Manchester . He read a number of papers , and 1 understood thai they were resolutions and addresses agreed to at Manchester . They were printed papery like a placard . James Coe , no ; a defendant , made a speech . He raid s * mrihing about tho ** three glorious dajs " in France , wh ? re , thongh all the streets flowed with booj , property was respected , and be wanted it to be so in England . He advised tbe meeting to be peaceable . On the 24 h , the day after the ranting , a miib oi 300 or 400 came to the milL 1 saw amoj . j ; them several of the same meu who had attended the m- ^ etir-g the previous day . My father met them , and aiktd them what they wanted . They said they wanted the hands ont , and they would have them

    ont , or they would pull the mill down . Tht-y shouted and flourished their sticks . My father began to reason with them , but they rushed past him , and he then ordered the engineman to s : op the miU . Many of the hands had fl ^ d for fear of being injured . Two of the mob went into the dill and made a search . Some men were taken up for these transactions . On the 29 ih I went bctore the magistrates . My father , my brother Joseph , John Howard , and my uncle , James Cooper , went with me . As we were leaving » o go home , the mob got between us and the inn . Taey began to stone us , and we ran . They followed us about a mile stoning as al ] the way . Before that John Howard , being mnch frightened , had left n « . I and my father , brother , and uncle took refuge in the house of Mr . HowaTd , cotton spinner . My brother did not succeed in getting into the house . 1 saw him again that evening ; he was insensible . It was st-vtral weeks before he recovered from his wounds .

    Bv Mr . Dundas—I could hear very well what Coe said at the meeting at Glossop . He advised the Ptfople not to molest the spedai constables , as they must be sworn in . By Mr . O'Connor—I don ' t remember the following words bj Coe : — He had . read the pages of history , and had looked at the bloody scenes that had occurred at the c ' ose of the last century UDon the soil of France . He saw that at that time the first cry of the people was , * Give us bread , and none of your gabble . They were led by forms in women ' s guise ,

    but of masculine energy \ and called up in the Court 0 / the Tuilleries for immediate food ; for that they ware djing , and , dying , would not endure it . " J don ' t remember the following langnage being used by Coe , — " You must wait , " said Sir Robsrt , " till Febrnary ; you must wait till March ; you must wait till the dog-days of next summer , when , perhaps , yoa may have three such dayB as you have had in Paris ; but we "will have hundreds of thousands of troops to mow you down . " This I conceive to be the policy of the party . I think that is worse than Coe's language .

    Mr . Thomas Rhodes , examined by Mr . Pollock—1 am a cotton m&tufacturtr , and live at Glossop . My mill was at work on the 10 th of August- 1 remember a number oT persons coming to the mill on that day , in the direction from Stalybridge . The nnmber was not very large—perhaps 200 . The mill door was closed when the people came . When they arrived they demanded that the hands should be turned ont . 1 opened the door and the mob rushed in . They were armed with large stickB . 1 told

    them there was no necessity to use violence , as we would stop without . Notwithstanding this , they rnshed into the mill , and drove the hands forcibly ont . When they saw all the hands out , 1 heard some of them say , that if the hands attempted to reaumB work , they would make them incapable of following their employment . After this there were several meetings in the neighbourhood . 1 attended one at Wednesoff-green , on the 17 th of August . A man named Booth was there . 1 believe his Christian name is John .

    Mr . Atberton here took the opinion of his Lordsbip , whether the simple fact of the surname of two parries being the same was to be taken as proof of identity ! The Judge said he could not at that moment say to what the examination might lead . It might be that Booth had done nothing but what was perfectly Jegal ; or it might be otherwise . It was necessary , therefore , to know what was said at these meetings , in order that ihey might judge- of their character .

    Examination resumed—Booth had a piece of paper in his hand ; and he told the people what expensive a thing monarchy was , and whit a quantity of wine the qaeen drank , lie al $ o said that the working classes would never obtain justice from the magistrates , for the Bench was composed of men from the middle classes of society . They most have men of their own stamp . He then referred to the church , and said if the BishopB got bo much for working one day , how mueh did they ( the working classes ) deserve for working six ! It was discussed whether thev shonld

    stop the railway hands , and 1 understood the meeting to decide that they should be stopped . On leaving tbe ground they went in the direction of the railway . There were two roads to it , and they took the longest . We began work again at our mill on the 26 th of August . We had no difficulty in getting the bands to come . The major part had expressed a wish to return to work any time we thought proper . On this day , several hundred persons came to the mill , about twelve o ' clock . The fir » t thing 1 saw was a mob surrounding the ^ oor . The « ry raised by the raob was

    Untitled Article

    *• tnrn them out , " " we'll have them oai . " We defended the door , and kept the mob off . There were two attacks . The first might contiouo for more than an hour . They dispersed , threatening that they would send a large force . We continued at work till Friday , the 30 th . 1 returned home in the afternodii of the same day . 1 found the windows of the warehouse destroyed , and those of my own and father-in-law ' s house . The military were there . I know the hand-writing of John Lewis . 1 have seen him write hiB name once . I believe those now produced to be the same . 1 was at a meeting on Mottram Moor on the 19 th or 20 th of August . A placard was exhibited . There ia no doubt that the one now produced ( the address of the Executive Committee ) is the Bame .

    By Mr . Dundas—The placard was given to the chairmaBj but he did not appear to be able to read it , and it was given to another to read . I have no doubt this is a copy . B 7 Mr . Atherton— During the last four years there has been a gradual reduction in the rate of wages . I don ' t know that the workpeople in tho month of August bad the feeling that a further reduction would be made . I was giving a farthing a cut more than my neighbours , and I contemplated making a reduction to the standard of others . That is all I can say . I am not aware that there was general discontent among the working classes on the subject of wages .

    By Mr . O'Connor-On tho llth , 12 h . and 13 'h of August , I heard Robert Wild , Samuel Lees . John Fairhursc , and Gibson speak . At the meeting I attended , it was not made a wage question . Robt . Wild said he was receiving 5 * . a week more than in 1840 . Fairhust stated that the block printers were receiving the same as they had done for eleven years . The rooeUng of the llth and 12 th unanimously resolved that it should not be made a wage question ; that it was tho Charter they wanted . Tnat motion was put repeatedly . We opened the doors of the mill on the 26 th , and the men oame back .

    Mr . Hibbert recalled and examined by tbe Attorney General—1 produce a placard delivered to me by Littla . constable of Hjde . It was given to me about the middle of August , bui I cau ' t fix the day . It has never been out of my possession since . My writing is at the back of it , but it waa only written yesterday . Th-- address of tho Executive Committe was hero produced , and Lit ^ e , constable of Hydo , stated that ho ordered one of bis constables te pull down the placard from the walla of Hyde , between the 15 * , h and 15 th of August , H « delivered it to Mr . Hibbert , clerk to the Magistrates . The Attorney-General then put in the address , which was read by the CleTk of the Arraigns . Tho placard bore the imprint of " Chales Turner , printer , Turner-street , Manchester . "

    Mr . Geo . Nasymkh , examined by Sir G . Lewin—1 am the owner of premises , at . Patricroft , in the township of Ecclcs , cailed Bridgewater Foundry . On the morning oi the 1 lth of August , I got up early , and saw & number ot men going >? tho direction of Ecclea . 1 went there , and found a meeting collected . I knew the president , David Morrison , one of the defendants . He spoke a few words , and introduced a man named Bell , who addressed the meeting 1 was so far off , that 1 could not hear what was said . Morrison bubiniued a proposition that a deputation should go to the various mills , and order the hands to turn out . This was not agreed to .

    Another was proposed , that the whole meeting should go , and it was adopted . Within a day or two 1 ^ aw Morrison pa > sing my house , accompanied by a procession . SeveTal ol them had sticks of no great size . They were walking kur or five abreast , and going in the direction ot Patrieroft . On the night of the 12 th of August , 1 heard a number of speeches . The speakers recommended peace and order , and to continue tlm until the Cnarter had become the law of the land . A pit ce of white cloth was exhibited having an one sid<—" Peace , law , and order , " and on the other " Political equality . " 1 afterwards S 3 W a number of th « party enter the gates oi' a Mr Tetley , a retired gentleman , near the canal .

    By Mr . O Connor— Morrison has worked in my employ for six years . As far as his conduct , in the works is concerned , we had no complaint to make . Nathan Fryer , examined by Mr . Hildyard—I am foreman , oi the blacksmiths at the Bridge water works , near Worsley . On the morning of the llth of August , a number of persons assembled at the workd . AIorriFou was there , and spoke to tho inspector . Mr . Smah and Mr . Pearson are the managers of tho works The latter had a communication wi ; h the mob , and ht then ordered them off , and paid ho would tend the m ^ n brlouging to the works 10 them . I went to bear what happened . Morrison spoke , and alluded to ihe distruss that was existing , and said ihat although wemit-ht think ourselves well

    off , the dibtri ss wuuld ultimately reach us . He said it was now our duty to sympathise with them , and he added that if we did not turn out quietly , they would bring a body of men to compel us . Eccles also addressed the meeting . I ! said they came like a clock , and gave warning before they struck . I 11 const quence oi what passed , ou- mtn wore ordered to cease working . The same afternoon 1 was at a meeting at Ecelea . It struck me that the I ; .. ob was tho sime . Tho meeting was addressed bj M'Cartney , one of the defuidants . i don ' t know I who ihe ch&iinrajj was . M'Cartnoy b « nan by adaresMng them as " fellow-slaves , " and 6 aid , " this i is thu begiuiiiiig of the end : this in a stru ^ l . between rampant capital and prostrate labour . "

    He informed chem that at a meeting of delegates , held at Manchester , it was d > . trrinined that they would not identify themselves wuh any oiasa that were turned out for an advance of wagf 3 . Tbe Cr . artcr was referred to , and he said the struggle must bo purely political , and that all labour mut > t ciase until the Charter had b . come the law of tho land . He mentioned many places , and said " above all , you have the men of Birmingham , who carried the Reform Bill . " On Saturday morning , the 13 h of August , 1 was at a meeting , at Eccles . There was an address read , purp orting to be from Mr . Lock , one of tho Duke of Bridtewater ' s stewards . It was proposed to burn ibis do unienl . Morrison again addressed the mob in terms of encouragement , and they then marched off in procession .

    By Mr . M'Cartney—1 have stated brwii ? the substance of what you spoke at the meeting . You urged the people to persevere m their cosrae and ultimately they would be successful . 1 am quite positive that you aro the man . 1 did not hear you recommend the people to abstain from everything that might tend to destroy a single blade of grass . 1 could not consider the meeting a peaceable one , after what 1 had seen . The presence of the men who had stopped cur works was a sufficient indication of the character of the meeting . 1 observed a gentleman on horseback outside ot the meeting ; he was

    not a magistrate * . 1 did not see a Magistrate nresent while you were addressing the meeting . Yon approved oi tho conduct of the meeting , and therefore 1 consider you were one of them . 1 dio not ste you in Worsley that day . 1 do not know that gentlemen of property in tbe neighbourhood have supplied food to those who were on strike . 1 do not know of any attacks upon person or property in the placed 1 hive here alluded to , on the llih . I did not bear you urgo tbe meeting to respect even the opinions of ihosa who differed from them . If \ ou did do so , 1 had lo't ihe meeting .

    George Wroe , examined by Mr . Pollock—In the month of August last , 1 was in the service of Mr . Greenwood , coach proprietor , of Eccles . I remember seeing M'Cartney , in tbe Bull ' s Head , in Eccles , on the llth of August . I remember his engaging a carriage of my master , to take him to Leigh . Ho started from Eccles about ten minutes past six in the evening . He said he must be at Leigh a little before eight . The distance is about 8 or 9 miles . I drove him to Leigh . In half an hour afterwards I was coming home , and I saw him about to address a meeting . I didn't hear what he said .

    Samuel Turners examined by Mr . Wortley—1 am a farmer , and live at A . shtoa-uoder-Lvt \ e . On Tuo 9-day morning , the . ^ 'b of August , there was a meeting at Thacfeer ' s ground , at Abhton . It was appointed to commence at six o ' clock . 1 know Pilling , one of the defendants . He spoke , and said he wished to go along with the body to meet the masters , at the Exchange , at Manchester , as the masters would not come to meet them . He argued for a fair day ' s wage for a fair day ' s labour , and said th < y must BOt resume their work , until they had got the wages of 18401 know who

    . a man goes b y the name of General Lee . He was at the meeting . The mob afterwards moved off to Manchester , and Lee went with them . 1 got my breakfast , and went also . We passed through Holt Town , and they stopped two or three factories . 1 saw one factory whore they forced open the gate . 1 did not see Lee after leaving Ashton . At Manchester a Magistrate met the people ; Mr . Maude was the gentleman . There was another gentleman with him . 1 saw the military in Stephenson-square . 1 saw Mr . Maude speaking to the mob . 1 never saw Lee in Manchester at all .

    By Mr ., Dundas—The reason 1 went to Manchester was this : —1 had a lad who followed the mob in the morning , and 1 went after him to get hold of him lest he should get into a scrape . I heard Mr . Maude adviBe the people not to stop any factories , but to go to the meeting in Granby-row-fiolds , where they would find everything " right , square , and comfortablt "—( Laughter . ) The Magistrates escorted the people through the town , and gave them every praise that could : possibly be , for being so peaceable . 1 1 saw no mob assembled in front of the Exchange at Manchester . Tbey all seemed in good humour , and 1 saw now't to fait about . —( The witness retired amidst much laughter . )

    Archibald Mc . Mullin , examined by Sir G . Lewin—I am one of the inspectors of police , at Manchester . On the morning of the 9 th ,, of August a large body of men entered the town , and when they arrived in Ancoats-svreet , they divided into bodies . Women were mixed in the procession . Some of them had small sticks . Mr . Maude , the stipendiary magistrate , met them at the corner of Pollardstreet . Hs spoke to them , but I could not bear

    Untitled Article

    what was said . They then went down Great Anooats-treet . I went to Mr . Murray ' s rail ! , and I I ' oiind a mob of fifty persons there . Taey insisted upon the hands being turned out . About four o ' clock in ihf afteruoor , I went dowii to the Cotton Twist Company ' s mill , and found tho windows broken . The mi'itary were there , and they had twelve persons in custody . The hands had turned out , ai . d the mill was stopped . I then saw the mob attack Mr . Burley ' s mill , and break the windows . The gates leading to the yard had been brokon . I should think that 3 , 000 or 4 , 000 equ&res of glass

    were broken , and the window frames were forced out . From Burley's they proceeded to Messrs . Stirling and Beckton ' s . I found the squares broken . The town continued in a state of disturbance for several days . Tho shops were shut up , and the mills were standing . I know a man named James Leach . He keeps a small book shop . I bad a warrant to apprehend him . When I got into the house I noticed a board , on which was a large placard . I took it away . This was on the 17 th of August . ( A copy of the Executive Address was put in ) At the time I went into the shop the nlacard was leaned ayaiiifet the wall . have resided in Manchester

    By Mr . O'Connor—I about seventeen years . I believe that for that time , there has been a procession in the town on the 16 th of August . I believe it was the intention to havo a procession on : the last 16 th of August . I believe , also , that in consrquence of the disturbed state of the town , the magistrates recommended that the procession should not take pl&ce . I am not aware that it was in contemplation to have a meeting in a pritate piece of ground belonging to Mr . Soholefield . I do not know of my own knowledge that Mr . Soholefield gave notice that he would not have a meeting there . I am not aware that there was any breach of the peace in Manchaeter on the

    16 : h of August . I never saw so many persons in Manchester . I believe that notices had b en cironlated throughout the whole country for some weeks , to have a procession on the 16 th of August , to open Hunt's Monument . The notice , abandoning the procession , was a short ono : 1 can ' t say wheter it was in consequence of persons in the country not having received their notices ^ that the iiifiux of persons into the town , on the 16 uh , waa po large . Tranquillity was not restored for five or six day ? . 1 passed the house of Leach several times in the afternoon , but 1 did not go in to ascertain whether ho was in or not 1 apprehended him at eleven o'clock at night . 1 don ' t know how long before that hour Leach was in his house .

    By Sir F . Pollock—Tho state of the town was extremely alarming . Business was quite suspended , trie shops wore shut up , and the military and special constables were parading in all directions . Mr . Richard Beswick , examined by the Attorney-General—I am the chief superintendent ol police in the borough of Manchester . On Wednesday morning , the 10 th of August , the town of Manchester was in a very disturbed state . A few machine shops wero at work iu tho morniDg , but they wera stopped during the day . I saw large bodies of persons go and order the mill-owners to stop their works , or they would break the windows . Some pavta of Inn day , all parts of Manchester were interrupted . I could not form any opioion of the number of

    persons , but I never saw so many . 1 am aware that processions havo taken place for matiy years past on tho 16 th of August . They have been very little attended for some time past . It has not bevn * customary for persons to assemble for oix or b ven days beforehand , to be ready for the procession . 1 know instances in which bodies of persons wen : to the shopkeepers , and demanded bread . In some cases it was refused , and in others , it was thrown oui to them . 1 remember the meeting in Granbyrow-ficld 8 . Christopher Doyle , one of tho defendants , waa in the chair . Several thousands were present . Tho Mayor spoke to Doyle , and tho meeting generally , tolling them that tlio town was in a most excittd state , and that he could not

    allow tho mooting to continue any longer . 1 beiievo Doyle wished tho meeting to disperse . After a par-1 * y of about ten minutes , the people began to walk away . On the 17 th 1 eaw a placard Bimii&r to that now produced ( address of the Executive Committee ) extensively posted in Manchester . Tho first time 1 saw it was in the morning of the 17 th . That waa the day after the intendod procession to Hunt's monument . 1 apprehended Turner , a printer . Mr . Ewart , in my presence , found a placard on the premises , which he gave to me , and 1 afterwards marked it . That now produced is the same . To the best of my belief , it is in tho ssme state as 1 found it . The corrections are in ink . 1 don ' t know the hand writing . I . seized a printing press belonging to Turner . Leach was taktn ou the night

    of the 17 th , and in the morning I had seen the placard at his door . I found another copy of the placard on Leach ' s counter . ( Produced . ) I also found a book . When I first saw the placard at Leach ' s door it was on a large board six or seven feet high and several persons in tho street wre readiiig -t I r < member going to tho Hall of Science , Manchester , on tho lo ' th of August . 1 found ueverul hundred persons there . A majority called themselves dele gates . 1 knew Alexander Hutchison . Ho is not a aVendact . 1 could not identify uny of them . The Magistrates informed them of the excited state of the town , and / jave them ten minutes in which to disptrso . . 't the lapse of that time they did diaper-re , i think M'Curtney waa there , but 1 can ' t swear 0 him . 1 cannot sta . o the n-mbcr of military in the town .

    By Mr . Dundas—The pcopleiu tho Hall of Science dispersed quietly . There were a great , number outside . 1 baro known 5 , 000 or 0 000 persons attend the procession in honour of Hunt ' s festival . 1 don ' t think chfro was any procession at all last year but one . The 1-m time 1 noriced a procession , 1 think 2 , 000 persons would bo present . These processions were always known to the authoritits . 1 knew on the 15 : li of August last , that no procession would tako place . 'By Mr . Raines—1 am not exactly clear about the day when 1 first kuew of the warrant against Mr . O Connor . The Attorney General—My Lord , 1 will just say that 1 should like to fee this warrant produced . M . r . Baincs— 1 merely want to fix the recollection of Mr . lies wick , as to the day on which he first saw the warrant .

    Mr . Beswick—1 am mistaken about the warrant as to Mr . O'Connor . It was against Dr . M'Douall . The Attorney General—1 was so satisfied that no such thing existed , that 1 interposed to save my Learnrd Friend the trouble of pressing the question . By Mr . Bainca—1 am aware that early in the spring of last year tho foundation stone of a monumtnt to the memory of the late Mr . Henry Hunt was laid in the burial ground attached to Mr . Scholtfield ' e chapel . 1 remember an announcement being made that a large procession would assemble to commemorate the event , at which

    Mr . O'Connor would be present . Tho procpsshm did tako place , and a tea-party was held afterwards . 1 believe it was understood tha ? . the monument should bo completed by the last annivorsary , on tho 16 th of August ; when another procession was to take place . 1 believe a placard was posted in the town , stating that in consequence of the excitement , in the town , the procession would not tako place . It did ' not take place 1 understood from someot the other constables that after tho proclamation of the Queen , and that of the Magistrates , appeared , i > meeting fixed to be held on tho premises of the Rev . J . Scholefield , was abandoned .

    We subjoin the substance of each of these placards read by Mr . Baiues , which are highly important to the Chartists , as showing the spirit of law and order by which they were actuated : — The following is the announcement of the

    proces-: — V Hunt's Monument . —Men of . Manchester , Salford , and the surrounding towns and villages , be at your posts . In conformity with the announcement of the committee in the placards recently issued , we hereby give instructions to be observed on ihf 16 th of August , 1842 , when a grand proceRsiou will take placo to celebrate the completion of the monument in memory of the late Henry Hunt , E-q . Those tradeB who resolve to join the procession are requested to meet the members of the National

    Charter Association , and other friends of Henry Hunt , Esq ., in Steven son ' s-sqiiare , precisely at ten o ' clock in the forenoon , where the procession will be formed , aad thence march in due order , headed and conducted by two marshals , through the following streets , namely . Lever-street , Piccadilly , London-road , to Ardwick-green , there to meet the patriot O'Connor . " ( Then follows the further programme , and the announcement of a tea party and ball , in the CarpehtsrV Hall , the same evening , at which Mr . O'Connor had promised to attend . The placard was dated August \ .

    lu the mean time , the disturbances broke out in Manchester , and the Committee for conducting the procession issued the following notice : — •' The Committee for the erection of Hunt ' s Monument , respectfully inform the public , that in consequence of the very unexpected excitement of the £ oWn of Manchester , and its vioinity , occasioned by the * Turn out for an advance of wages , ' they have decided that the procession , as announced in former bills for the 16 th of August , 1842 , will not take place , lest it should give an opportunity to increase the excitement , the odium and consequences of which have been attempted to be fixed on the Chartist body .

    The meeting will be held on the premises ot the Rev . J . Soholefield , where the monument can be seen . The gates will be open at ten o'clock , and the meeting will be addressed by FeargHs O'Connor , Esq ., and other delegates at eleven o ' clock . " In the meantime , the disturbances having assumed a more formidable appearance , and two proclamations having made their appearance , one by the government , in the name of the Qaeen , and the other by the Magistrates of Manchester , the committee issued another placard , prohibiting the meeting on Mr . Schele / ield ' s premises ; alleging as a reason , that giveu in the preceding notification .

    By Mr . O'Connor—Mr . Leach is a newsvender , I am not aware it is a common practice when any printer executes a plsoard , to Bend them to a news-

    Untitled Article

    vender . I donjt know that I have sr-en placards at newsvender ' s doors of a more exciting caaracter than this . j The Attorney-General objected to this qaestion , which tbe Learned Judge held to be irregular , and consequently Mr . O'Connor did not press it . Examination resumed—1 know it has been your practice for several years to attend demonstrations at Manchester ] on the 16 ' , h of August . 1 have seen you there frequently . Those demonstrations were perfectly well ) known to the authorities . 1 don t know that they were attended by any breach of the peace . I should say that the tranquillity of Manchester was restored in about a fortnight after the 9 sh of August . 1 was confined m the Town Hall , in a great measure , for a month , and , therefore , 1 don ' t know ' so bach about the town as others . 1 believe the days on which 1 received the worst re vorts , were onfthe Wednesday , Thursday , and Fridathe 10 th | llthand 12 ih of August .

    v . , , _ By Mr . Leach . —1 am not aware that it is the custom in Manchester for bill stickers to paste bills on the boaxds which stand at newtvenders doors 1 believe you were not at home on the day on which 1 saw the placard in your shop . You were certainly not in tbe shop ; for 1 looked as 1 passed . 1 had been searching for you during the day . Mr . William Drake was called to produce a declaration from the office of Mr . Seymour Montague , one of the Commissioners of Stamps and Taxes , signed by Joshua Hobson , Market-street , Leeds , declaring that he was the printer and publisher ot the Northern Slar , and that Feargua O'Connor , E ? q . of Denham Cottage , Hammersmith , was the sole proprietor . j In answer ito a question by Mr . Wortley , Mr . Drake stated that the declaration was executed in his presencet .

    , . ....... The Attorney-General read the imprint at the Northern Slav , and was proceeding to read soon extracts from ia publication of last year , whpn , ai the request of Mr . O'Connor , the Learned Gontleman consented to postpone the reading till th < following morning . The Court rose at seven o ' clock . It is not expectec that tho Attorney-General will finish his c&ee before Tuesday , so that it id probable the trial will occupj a great part , if not the whole of nexi week .

    SATURDAY , FOURTH DA . Y . Mr- Baron Rolfe took hia seat on the bench at nine o ' clock . > A person in tbe body of the Court stated to his Lordship that he had been subpaened on bebaif of one of the defendants , but finding tbat be could not obtain bis expences . he wished to know whether he should be compelled to remain ot not ? Tbe Judge replied that he bad no jurisdiction in tbe matter . The witness , therefore , mu 3 t exerciBe bis own discretion aa to | whether be continued or not . Tbe Foreman ) of tbe Jury asked permission for them to go borne by the train at five o ' clock in tbe even * Dg , and return early on Mo day morning . Tae Jurors bad sustained much -inconvenience , and tbey hoped hia Lordship would acce'de to their application .

    The Judge aaid that he waa suffering under a severe cold , but he could have no objection , personally , to complying with j their request They would see , however , what progress the case made to-day , aud he would then determine ; Tbo AUorneyrGeneral supported the application ol tbe Jury , and u ) timately bis Lordship consented not to sit later than five o ' clock The Attorney General then put in a copy of tbe Northern Star of thu 20 th uf Aui ? . 1842 , containing an article addressed to toe Chartist public , and which waa laad by the Attotney-GeneTal in bis opening ppeech . This article having been read , the Ltarncd Gentleman saidj that in order to prevent any misunderstanding he beggfd it to be distinctly understood tb- < t the document there alluded to was the address of the " Exocutlve Committee . "

    Mr . O'Connor begged tocalltbea tention of his Lordsmp to tbe fact that tue Attorney Gmeral , in his opening speech , told tha Jury that the Nor / hern Star , or anything contained ; in it , could only be evidence against him ( Mr . O'Connor . ) If , therefore , the Attomey-Qsneral meant the article which had just been read , to apply to the Executive Address , he must also admit tbat tbat only applied to him , and not to the rest of tbe di-fendanta . The Judge—That mayb ; matter of observation to the Jury . What 1 take the meaning of the Attorney-General to be : If—that the person who wrote this article in the Noitliern Star , alluded to the placard , entitled the % 4 Address of the Executive Committee . " The Attorney-General— Just so , my Lord ; and , theTefeTe , I made the observation in tbe outset , in ordtr that there might be no misunderstanding on the pttint :

    His Lordship here announced that as there appeared to bit no possibility of getting through * the case for some days to come , be bad communicated With the Lord Cbaucfllor , and bad obtained a new commission for Westmoreland , which would set him at liberty for tbe following wctk . James Hindley , examined by Mr . Hildyard ^—I am a driver of a : tiy No . 10 , and live at Manchester . Early on the morning of the 16 th of August last , I was employed by Mv O Connor to diive him to the residencb of . VJr . Scholefield , one of the defendants , in Every-Btreet . 1 tjok him up at the Biiaangham station . By Air . O Connor—I know a man called " Pops Joe . " I was not in com .-any with Inspector M'MulliD . and two cabnen , on Friday last . There was no conversation tbat we should all be of one mind aa to what we were to say here .

    Robert Ball examined by Mr . Pollock—I was employed by the Manchester police on the 16 th of August last . On the e ^ nlny of tbat day , I saw Mr . O . Cunoor go into Mr . Scholi-field's chapel . I waa at the eame place on the following day . I saw Mr . M'Douall come out of the chapel about half-past eleven o'clock . I saw him go in again a few minutes afterwards . In the afternoon 1 saw several other persons leaving—I should think about twenty . I recogtrzdd John Campbell , Christopher Doyle , and M'Cartney , three of the defendants . I afterwards saw these thtee , in company with John Allison , go into the chapel again . On Thursday morning , the 18 th . 1 saw Mr . O Connor . I saw him havirg Mr . Scboltfield ' s , in a cab , accompanied by Mr . fecholefield . Tbey drove in the direction of the Birmingham aud Manchester railway station . :

    By Mr . Baines—Two other persoDB were vritb me in E very-street 1 went there about nine o ' clock . On the 17 ih , I saw the parties going into Mr . Scbole&eld ' s house at one o'clock . By Mr . O ' Connor—The first time I saw you was on the evenitig of the J 6 tb . I was sent into Every-atreet , at niae o ' clock , on the 16 th , to watch tbe proceedings of Mr . O'Connor and others . I saw Mr . Scholefield ' s son putting up placards , announcing that there would be no meeting in Mr . Scholttitld ' s ground , aa had be <; n previously determined upon .

    Thomas Nobljett examined by Mr . Wortley—I live at Manchester . My mother keeps a public-house in Whittle-street , ; callcd the Queen's Stores . I was at home on Tuesday , the 16 th of August . I know M'Douall . He came to our house about nine in the morning . My mother showed him a room upstairs . VVnilBt he was there , I saw two or three men go up stairs . They asked for Dr . M'Douall . I knew them . One waa James Leach , tbe bookseller , and another , Mr . Campbell . I d 6 not remember seeing Mr . O'Connor come into the house , but I was dent for a cab in the afternoon , and Mr . O'Connor and Dr . M'Douall , went away together , il don't know which way they were going . I saw M'Douall again at six o ' clock in the evening . I went into a small room called the " snug , " behind tbe bar . He did not sleep in tha house . I know a man of the name of Turner , a printer . I saw him at

    his own house , ou Tuesday night . I was sent there by Dr . M Djuail . I was to ask if the placards were printed . This would be a little after six o'clock , soon after be came in . I took back an answer tbat the type was not ready . JM'Douall did not tell me what placard h « meant . I know Christopher Doyle , he was in the bar . He walked through , and went into tbe snug to M'Duuall . I know Balrstow , one of the defendants . He came to our house about one o ' clock , And went into the snug &Ibo . At dinner time , on Wednesday , I saw Turner , the printer , come to our house . He asked for M'Douall . I told him be was not in . He stayed for two or three minutes . He bad papers under bis arm I saw no more that day . I know a man of the name of Wheeler . He styles himself a printer . Ou Tuesday night , be was at ; our house . I am not aware . that he asked for anybody .

    By Sergeant Murphy—Our house ii a place of entertainment It is situate rather backwards , but it is near to a large market We do not supply any victuals . Anyone tbat coineB in may go into the snug . It is retired , and more comfortable than the bar . By Mr . O'Connw—The bouse is close to Oldhamstreut , but there { is no business doing there It is a great thoroughfare . The house was as much open on this day as aoy other . No precaution was taken . Many people weut up stairs without asking for any one . I should think you ! would be in the house from twenty minutes to half ! an hour . I know tbat as soon as you arrived , a large number of persons got iu front of the house . I am not' aware that you opened the window and told the people to disperse , and that if tbey did not do so , you would I k ow that you left by tbe back of the premises , in order to avoid the crowd .

    By Christopher Doyle , a defendant—One part of the house is in Olhdam-street . It is nothing remarkable to see you going into the house . You have cf ten been in the habit of coming there to get a glass of ale , or spirits . i Defendant—A social glass . Just so . ( Laughter . ) By M'Cartneyr-OIdham-street is certainly famous for the expesure of various articles , but not for tale ( Laughter . ) I mean that there Is very little custom . For a public house , I do not prefer Oldham-atreet . I admit that it is a jgreat thoroughfare .

    By James Leach—I have often Been you in ear house three or four times a week . I did not tbiuk there was anything remarkable in your coming in on the 16 th of August . The snug ia not the only room that we have where people who wish to be quiet , can go . There is the bar aud the news-room . I have never Been you in any other than quiet and respectable company . The opinion of my mother and Bisters was that you were Vfciy quiet , and honourable in you . r payments . I can't

    Untitled Article

    say that your conversation referred to questions of morality aad good behaviour . I did not heat what ygu . said . Misa Agnew Mary Noblett , examined by Sir Gregory Tjewin— £ am sister to tbe last witness . I know M'Douail . I remember seeing him in our house on Monday , the 15 J& of August He came alona Ha oame again on the following day . He asked my mother if he could Lave a room . She told him the room waa unsafe . She did not give any reason \ shy . He then asked to look at it When be had done so , he said it was safe , aud tbat be wanted it for about eighteen persons . He remained there . Other persons came shortly afterwards . I knew some of them . Tnere was Campbell , James Leach , M'CartDey , Christopher Doyk and Baurstow . I saw Mr . O'Connor there that day . At

    that time the persons I have mentioned were there . He was cheered by the party who followed him . He went iuto the room where , the gentlemen vrere . When ha had gone up stairs , my mother followed and said that tbe crowd must disperse . Some went down stairs , and told tbe crowd to go away . Tbey dirt go . Those that remained up stairs were Mr . O'Connor , Dr . M'DouaH , and . others , whom I dont recollect . Dr . M / Dotmii a < j . dressed the mot ) , and told them they must go away . Mr . O Connor remained until a cab came for bhn . , 4 person of the name of Baron lives next door . to us . Mr . O Connor went by the back of our house to Baron ' s . " On tbe 17 th . Dr . M'Douall , Campbell , M . 'Ctvrtney , a ^ others , eame a « ain . They occupied the snug . They remained for about an bour and a half , and went away a few minutes before eleven .

    By Sergeant Murphy—I have frequently heard Mr . O'Connor's name mentioned . I don't know that he is very popular with tbo people . The room was considered un .-ate , tbe wall beinn cracked-By Mr . O'Connor—I should say that you were in the bouse rather more than balf an hour . The people were cheering outside . My mother requested that the mob inigbt be dispersed . I believe you sent for a coach to go away . I did not hear you tell the mob to leave , or that yoa would leave Manchester altogether . On tbe Wednesday evening , Dr . Jrl Douall and Campbell were at our house between ten and eleven , and they remained an hour and a-half . I don't know

    the distance between onr house and Every-street James Carfclerfge examined by tbe Attorney-General —I live at pteeeut in Manchester . I have lived there for twenty years . Pai t of tbe time I have worked in a factory , and part ; of the time 1 have been a schoolmaster . In the beginning of the month of August last , I was a member ot the Cbartiat body . There were a number of persons who called themselves theExeca . tive Committee . There was James Leach , of Man . « hester , Jonathan Bairstow , John Campbell , Peter Murray M'Dotiall , and Morgan Williams . On Sun . day , the seventh of August , I attended a Chartist meeting at Oldham . It was held in a room . It was a regular Cbartiat leeturer'a meeting .

    Mr . O Connor—I wish to remind your LQldshipQat this mau is ia the indictment The Attorney-General —I was not aware of tbe fact , and I am obl'ged to ilr . O'Connor for having mentioned it I had directed a noli prosequi . ' Th < s form of proceeding was immediately adopted by the Attorney-General . The examination was about to be resumed , when , Mr . Dundas rose and txpreased it as his opinion that tho evidence of tbe witness was inadmissible . He remembered a case before Mr . Baron Bdllaud , in which a qaestion arose whether a person against whom a bill had been found , could be received as a witness agaiast others accused of the same offence . He took the object'on now , in order that , if any thing should arise out of it afterwards , tbe defendants might not lose the advantage of it The Judge—A noli prosequi is as good to the party as an acquittal .

    The Attorney- General . — Nothing is more common than to apply to the Jud ^ e , at the sitting of the court , ( n order that tbe party may become a necessary witness . Tbe Judge—There is no sort of doubt about it Mr . Dundas—I merely rusution the matter now , In order , as I said before , that we may not lose the advantage of the objection , if there should bs anything in it The Attomej-G-neral—As an . objection has been taken , in order to be regular , perhaps your LordahiB -will allow the witness to be re-sworn . The Judge . —Certainly . Tbe witness was re-sworn accordingly . The Judge— Then I have taken a note of the proceed . ings , that the defendants objected to the examination of the witness , on the giound that he is in the indictment , — that the Attorney-GeDeral entered a noli pioseqia , -to discharge ! rim from the indictment , —tbe defendants still objecting .

    Mr . Dandaa—I may jnsj ; observe , my lord , that in the case of " The King -against Percival , " Liwis ' s Crim . Cases , vol . 1 , p . 151 , the Judge , Mr , Baron Bolland , scut back tbe bill to the grand jury , to be amended , before be would admit an indicted patty to be heard as a witness . Sir G Lewin—Bat in that case the Grand Jury had intimated their intention to throw oat the Bill against the party . The Judge—I think there is no analogy whatever in th s case and that of ' * Tbe King against Percival . " In the Jfttter , the question was whether the bill was a good one , but here- there is no dispute of that kind . Suppose A and B were indicted for a misdemeanour , you don't mean to say that B might not be a witness against A .

    Tee Attorney-General—Certainly not , my Lord , ana I believe in print of law that although it is usual either to obtain an acquittal , or to enter a noli prosequi , for the purpose of preventing the supposition tnat tne witness labours under any infirmity , it is perfectly competent for me to examine this -witness without either form . Mr . Dundas I have looked into the point rather more fully , my Lord , and I say that Gartledge is not a pood witness , inasmuch as he was put upon bis trial from tbe first He was on his trial up to the moment of going into tbat box . The rule of law , I believe , is

    this . Iu ' Russell ' s Crown Cases , " vol . 20 , p . 597 , 16 is laid down that a party may be a witness , providing he be not put upon Mi trial at the same time as the other defendants . And 1 beg to call your Lordship ' s attention to the case of " Tee K ' . ng against Rowland and others , " for a conspiracy , in which it was held by Lord Chief Justice A *» l ? ott , that tbe counseli in his opening , may enter a noli prosequi . But this is not the state of things here . The defendant , Caitledge , is oa his trial now , and jour Lordship did not know till the moment he waa put into the box tbat he stood in any other position than tbat of a defendant

    Mr . Wortley— I beg to cart your Lordship * * attention to the last decision in these cases . In " Phillips on Evidence , " p . 67 . it is hid down that in cases of misdemeanour , a ' noli prosequi , entered before or after trial , enables the counsel to call a defendant as a witness . Sir G . Lewin—The same rule is laid down ia " Starkie on Evidence . " I have frequently known that where two persons were indicted together , application was made to the Judge , to have one tried before the other , in order that the second might become a necessary witness against the first The Attorney-General—I am very much obliged to my Learned Friends on the other stde , for their anxiety to guard the prosecution against ony objection . No doubt if this person Bhould afterwards be held not to be a £ « ood witness , they will be entitled to a new trial ; bnt I think I am entitled to examine him . The Judge—I think you are .

    Mr . O Connor—I submit , m" Lord , to the Attorney-General , having entered the noli prosequi , has altered the record , and the issue being a miiimus sent down from the Court of Queen ' s Bench , by certiorari , the Judge is obliged to send it back unaltered . I deny , thartfore , the right of the Attorney-General to make any , tbe slightest , alteration in this record . The Attorney-General—My Lor 4 , 1 will just read a note , pag 9 141 , of " Roscoe ' e Criminal Evidence , which I think removes all doubt in the matter . The note is this : — " Tbe evidence of a person who has been ^ an accomplice in th « commission of a crime , with whwnt

    others stand' charged , is generally admitted evidence against them . If an accomplice be not admitted , it would be impossible to find evidence against the greatest offander . Even where the accomplice basbeen joined in the aims indictment , still be may be called as a witnets . if he be not put on his trial . Therefore , there does not seem to be any objection to the admission of ft witness in such cases . " It appears , therefore , my Lord , to be quite competent for me to . apply to yoor Lordship to direct the Jury to acquit the defendant ; or on bebaif of the crown , to enter a noli prosequi , thereby placing him in the same situation as if he had been

    tried . Mr . Atherton—The view whicb Mr . O'Connor has taken , my Lotd , appears to mo to be the correct ene I contend tbat the course proposed to be adopted by the Attorney-General can not be taken on this record , because this is not an indictment returned by the Grand Jury , but a munusctipt sent down here by mitivivs , ss appears upon the record Itself . The Attorney-General . —I admit that till this occasion , I have Dever entered &noli prosequi on the record itself , but I maintain there is notning , in point of law , to render such a course irregular .

    The Judge—I will give my opinion very briefly . * think , hi the first place , that the Attorney-General may enter a noli prosequi for the benefit of the subject . There can bo no prosecution at the suit of the down , in which it is not competent for hint to do so . Tr . e Attorney-General , therefore , may enter the noHproseq ui , and get rid of the defendant just as if he hadu ? « r been prosecuted . What I would suggest , howe « f :, H , that instead of e tering a noli prosequi , jon shooW take an acquittal , which is at all times proper in such cases . It may . indeed , be essential to the interests of tt e othet defendants that this party should be acquitted . The Attorney-Ganeral—I will take your lev jmmenda tfon , my Lord . Mr . Dandas—I believe the rule is , thf t a cq-consplr&tor cannot be acquitted till tbe end of & e trial . The Judge—I hold tbat no co-defendair > can be besra on such a point 1

    Mr . O Connor—The ground on whid . the Attorney-General consented to the acquittal v , f the defend ' Wilde , waa » tbat be had nothing agr inst him . ^? « in the ease of Cartledge , he haa something again ** him . (<~~ an'inued in evr S&ve nth page . )

    Untitled Article

    THE NORTHERN STAR . 1 . — ~

• Citation
  • Northern Star (1837-1852), March 11, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct472/page/6/