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    Untitled Article

    LANCASTER ASSIZES . ( Continuedfrom onr third page . J afterwards , the mob retreated , wdwa returned to our gratters . The mills next day resumed "work , aid all was perfectl y quiet . Fonr persons died in consequence of the injuries they had . received . Bj Mr . O'Connor—At the time the military came up . the constables were laying their staTes about the people . 1 can't say how long the firing continued after the people were motionless . It . was deliberate and not rapid—it might be fifteen fires & minute , but I « an't say . I nave not heard the Mayor blamed for his rash conduct in

    ordering the military to fire npon the people j but on the contrarv . I hare heard his conduct praised in all quart , t . ^ under the eiicumstanceB . 1 adnut that I - -1 among the -peopls myself , and'wished them - ¦ -asperse , but the military and the constables ¦ wer e riosext hand . I did tm- - hear a lomonxinat It was the Intention of lha Messrs . Hainsworth , of Preston , to reduce iheir -wage ? , until after the meeting- I « n quite positive oF that . I "was not at the first inquest held npon the parties killed . I did not see the bodies . I don ' t know that two men were wounded in the back .

    By Sir Y . Pollock—Tie town was not m-a general state of disturbance until after : the arrival of Aitkin and Challenger . Some slight disturbance had taken place before . It being now seven o'clock , the Court aojcuraec ' tm the following morning .

    FRIDAY—THIRD DAY . Is consequence of Mr . Baron Rolfe having ar / arged this msrning to dispose of a charge of murder agtanst s young woman named Alice Greenwood , of IDacfcburn , alleged to hive been copimitted by her , in U ^ e . month of Junior ? last , npon the body of ber illegitimate male child , the resumption of Uie evidence in fae-prosecution of the Chartists , did not t&ke place till nearly twelve o ' clock . * Tee Teroict in tha ^ ase ^ of murus "was 3 f ot > € uilty . The Learned Jud . ge took his seat in the-lTtsi Prius Court at twelve o '< : 3 ock , -when the Jnry , in the case of " The Queen agaisist Feaigus -O'Connor and others /' "was called over . Before the evic ? ence was resumed ,

    The Attorney- General stated to bis Lordship , that "b « ing carefully looked over the depositions as Effecting Jelm Wild , ooe of the defendants , who cross-examined the witness Suckle ? on the previous day , he 2 iad come to the conclusion , in concurrence "with his Learned friends , sot to offer any farther evidence against Wild . A verdict of Acquittal was accordingly taken . The ssxne courss was adopted With jegard to Thomas Pitt , another of the defendants .

    The Attorney-General made an applicatien to the Court "with reference the attendance of the Rev . John Taylor , Incumbent of Ihickmneld ; -who wished to effisr evKecee as to "the character of-JcHn Crossley , one of ihe Ae ? imX * . TilK- Ifc -would be iccon-penient for t be Rev . ¦ Gentleman to be detained in Lancaster -over Sunday , and the Learned -Gentleman accordingly proposed that the evidence of Mr . Taylor should then be taken . The Rev . Gentleman iras sworn , and he gave a very favourable opinion of the character of-Crossley , as a peaceable and orderly man .

    Mr . Joseph HiSbert , clerk to the Magistrates at Hyde , examined by the AttorneyrGenaral—I remember the disturbances ax . Hyde , in August last .. There ib a lock-up there , bat it -eras not safe to confine the parties in it , charged with rioting . It was the duty of Sir . little , Special High Constable of Hyde , to make daily reports to the Magistrates , aaio the state of the town . Tbs book now produced , is the one Thick has been used for that purpose . 1 have frequently seen Little use it . By iir . O'Connor—I consider Mr . Little as competent SB authority as any other f n the discharge of the duty . 1 am clerk to the Magistrates , and I never , heard that in the month of August las-, a number of the miilownersgave notice to their hands to leave work . The Attornsy-tianeral objected to a witness being msied as to what he had heard . There . would be no end to the ease if sneh latitnda weie allowed .

    In reply to » further qnestion by Mr . O'Connor , the witness said th&t the disturbances in Hyde ended about the 20 th of August Hj Richard Otiey , defendant—I did not hear cf any particular distress in Hyda . daring the month of August last year . Mr . John Brook , examined by the Attorney-General—J am bookkeeper atd manager to J ' t . Pratt , cotton spinner , of Stalybridge . Oa MondBy , the 8 th Aneust , 3 remember a mob-earning to the tttVii , a little before sine o ' clock in the morning . 1 can't tell the -number , but the street ¦ sraa fnlL I should think there were

    "thousands . I ma in the mill-yard , and having had an intiTTintioa that the mob was there , I . along with the OTBlooksr , g « t outads , just before they came up . 1 asked the people what they wanted ? They said they TT 3 Hied the bands out . I asked trttat for ? "Oar hands » se -B&iisEed « Uli tiai * vr&gea , and do » ok trail to eome out * They » j > lied . — " We -will have them out : they must go with as to get our rights . " I said , — ** lf our hands coma out , they wIQ not " go with yon ; -we shall -start the engine to-morrow morning , and ibsjjwilL come in again . " 2 dt Bnndas objected to this evidence , inasmnch as be understood from ths Attorn&y-General , that the witness co « ld not prove that any of the defendants had had anything to do with the these transactions . The Attorney-General said feat be nad certainly scads that admission , bat he -did" not intend it to affect Ms right to ofier the evidence . The Judge—Proceed .

    Examination resumed—The people replied " Neither your mill nor any mill shall werk again , until we get our rights . ** 1 add "It i « very wrong in you to force persons against their will , for our hands are getting more Traces than they were twenty-five yean ago . ° The mob said it was a lie , and they Jostles me about , to force me to open the door . They-said that if the doors ¦ were sot opened , and the hands turned out . they would treat the windows . The large doors were opened from inside , and the mob rushed into the yard . They sent a deputation into each room of the mill , to ascertain that aQ the hands were turned out They then left the

    premises . Oar weekly people are receiving more wages than they were twenty-five years ago- The spinners are paid by the quantity of -work they do . There has been 330 alteration for some years except a trifling advance . In August last , those who worked by piece Buffered a reduction of ten per cent . A spinner will earn from 22 s . to 36 s . a week . The amount varies according to the quality of ii . e work and the quantity of machinery employed . The average is SOs . a week . I do not know -that any spinner in onr nilll waa earning less than : 22 s in August last . If there were any , they wonld not be producing the proper quantity of work . Mr . Platt does not employ any weavers .

    -By Mr . Bundas—I do not knew that the men in Mr Bailey's mill , which is about three hundred yards from out ' s , were , in the month of August last , under notice of a reduction of "trages amounting to twenty-five per ftSnt . Mr . Bailey ' s mill -was dosed is the montb of August I cant say positively -whether 5 t -was stopped for a month or not , bat I think that would be about the tune . When the people came to Mr . Piatt ' s mill , they did not do any

    A maniwqrJdng a full week aims at £ 6 « s . for the fort Bight Prom this there is a deduction of ten per cent ., aid gas light , 2 i a week , reducing it to £ 5 2 s . 6 d . A man working at & double decked mule , will aim at £ 13 x fortnight . Prom this there ia a deduction of 20 percant The £ 310 of which I have spokenaa-paying to "the men , is paid every . fortnight . For a double-Jeeked mule , ttere ia a deduction of 33 . a week for gas . There ar-B no fines except for Broiled wotk . I cant say -what is the largest amount of deductions that has been mace at any one time . -The amount paid to the jnen weekly is about £ 155 . Out of that thirty-fiTe of the spinners earn from 22 s . to 36 s . a week . This wonld leave cm < xceragz < f 5 s . Gd . a week for the rtmaimng 355 Jtaxds . I am not aware that the spinnera make any deductions from the wages of the piecers . It was represented that the distress of the working plople in Hyde , in ^ August last , was very grsat I aleo heard that committees of the shopkeepers were apocinted in

    conBeguence . I no not know of my own knowledge that several of the miHowners gave notice that the hands should not have any more work unless they wonld submit to a considerable redacfion of wages . When the mob csm& to onrmm , they pnshed agai = Bt the deors , Mtaey ^ a not break them open . My master ordered a ^ to *» opened from fear . He is not-here . i Jame 8 leach , oefendant—The description of fte *<^ en te Trhicb we paia &e same ^^ WB md iS 5 K V ^ J ^™™?™ tpA i

    SwlaAruM o ^ e * «« r Ss 6 d . We have IpSHS tprEririr ss a ? stjlsz jssr ^ My ^

    We anpiming- go ' s and i 6 o- b iow . j don ^ ^ T ^ atwe paid per pound twenty ^ ve yem an ^ l Jepn ^ pay wa ges aeren years ago . iLn remember the rate we paid at the time . I don't know thatrota nea in Stalyeriige are only earning ^ SL T SSL Iwenty years ago men were spinning on iob spindles ten Te ars ago , on 1900 ; now we haye as high as 1648 * don't remember how many spinners we had twenty jean age . I think we have thirty-five no-w . Tha Jadge—2 csnft nnderstand tlie mesaang of roar examination .

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    Defendant—My object is * , o show , my Lord , that they are not paying anyt ' aing like the amount of wages now that was paid * / wo years ago . Witness—I say that we pay as much in the gross amount , and I will main ain it . Some of the hands in our mill live in houses , belonging to the firm , and others do not . It is ez oected that they will do so , out nothing particular follows if the expectation is not complied with . W . © hare several houses to let now . The rents vary from three shillings and fonrpence to about four ihillings weekly . The rents are stopped when the -wages are paid , but not in all case ? . When the j ^ en returne d : to work after the

    turn-out , we did . not Btop the rent for the week . There are Bomeh aaid 3 in our mill earning from seven to eight shiUinf ^ pe week , but I don ' t know that any of them liv e in these houses . I am not aware iat we have r , angle hand earning only seven shillings a-week , / rom whom we stop as much as xhree and four-pej aoe a-week for rent . I can ' t swear it , but I don ' 1 relieve it . My bnsiness is to attend to our own mi' J . 1 know there have been complaints by the ope' natives in Stalybridge , as to the small amount of remuneration paid for their work . I heard the same complaint twenty five years ago . I have heard t ' nemerer since I lived . 1 know that the

    owners of these houses are grumbling very much about t ie low rents they are getting . There are a many houses to let in Stal y bridge . The * Attorney General said he must really object to tb is style of examination . He wished to be as fort earing as possible , but what they heard had no relevance whatever to the record . The Judge did not see the relevance of the examination at all . He understood both the witness and the defendant to be correct in their views . The witness had stated that a man of ordinary skill and industry , working a fnll week , would receive more money than he did twenty-five years ago ; the defendant , on the other hand , maintained that the man gave a larger produce for the amount , and that therefore , in point of fact , he got Ies 3 . Witness—That is what 1 meant , of course taking into acconnt the alterations of machinery between this period and twenty-five years ago .

    The Defendant was proceeding with his examination , but his Lordship interposed , and Mr . Leach consequently sat down . Mr . John Bradshaw , examined by Mr . Hildyard—1 am a mill-owner , at Stockpert . On the 11 th of August last , a mob , amounting to several thousands , and armed with sticks , approached the mill . 1 stood at the lodge door . Tne mob came up and demanded to be admitted , for the purpose of turning the hands out . 1 refused to sHow tbfm to enter , on

    the ground that it was dinner hour , and that very few people were there . They said they must be in . 1 pushed them back , and locked the door . They made an attack npon the lodgs gates , and broke the windows . They succeeded in forciuK an entrance into 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 sewal days . 1 escaped out of the yard , and met with simil ar treatment in the street . ' *'

    By Mr . O'Connor—1 did not hear of any violence being offered to any other millowner , in Stockport , ot any attatk upon any othtr mill . There was very little escitement in Stockport before that day . 1 believe there has been a great deal of angry discussion at Stockport , between the Chartists and those called *• Corn Law Repealers . " 1 believe there are some millowners in Stockport , who have taken an active part in such discussions , but 1 don ' t know of my own knowledge that they belong to the anti-Corn Law League . 1 once attended a meeting of this description , two yeare ago , and 1 have not attended any since . 1 am not a member of tbe anti-Corn Law Leaeue . By Sir F . Pollock—Inline is the only mill in Stockport at which resistance was offered to the mob . After that resistance , I 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 townthip of Chis-• wdl , near Giossop . My father is the owner of a mill , and 1 and my brother assist at it . On the 11 th of August a mob of about 150 persons came to the mill . They said if we did not turn the hands out they would rake the fire out . We then stopped the working . The hands left the mil ] , and went in various directions . When they turned out , the mob went away . Some of the hands returned , but we said we did not want them , as the mob had said that if we started they would stop us again . At the request of the hands we resumed operations on the 24 th of Angnst . They came almost every day to see when we started , as they wished to btgin again .

    During the interval 1 attended a meeting at Gloa-op . Several hundred persons were there- 1 know John Lewis , one of the defendants . He was at the meeting , and made a speech . He said he had attended several meetings of the delegates at Manchester . He read a number of papers , and 1 understood that thej were resolutions and addresses agreed to at Manchester . Thej were printed papers , like a placard . James Coe , not a defendant , made a speech . He said something about the " three glorious days " in France , where , though all the streets flowed with blood , property was respected , and be wanted it to be so in England , lie advised the meeting to be peaceable . On the 24 ' -h , the day after the meeting , a mob of 300 or 400 came to the mill . 1 saw among them several of the same men who bad attended the meeting the previous day . My father met them , and asked them what they wanted . They said they wanted the hands out , and they would have them

    out , or they would pull the mill down . They shouted and flourished their Bticks . My father began to reason vriih them , but they rushed past him , and he then ordered the engineman to stop the mill . Many of tho handB had ikd for fear of being injured . Two of the mob went into the mill and made a search . Some men were taken up for these transactions . On the 29 ih 1 went before the magistrates . My father , my brother Joseph , John Howard , and my uncle , James Cooper , Trent with me . As we were leaving to go home , the mob got between us and the inn . They began to stone us , and we ran . They followed us about a mile stoning us all the way . Before that John Howard , being much frightened , had left us . I and my father , brother , and unele took refuge in the house of Mr . Howard , cotton Winner . My ; brother did not succeed in getting in \ o the house . 1 saw him again that evening ; he was insensible . It was several weeks before he reeovered from his wounds .

    By Mr . Dundas—I could hear very well what Coe said at the meeting at Giossop . He advised the people not to molest the special constables , as they must be sworn in . By Mr . O'Connor^—I don ' t remember the fo llowing word 3 by Coe : — " He had read the pages of history , and had looked at the bloody scenes that had occurred at the close of the last century upon the soil of France . He saw that at that time the first cry of tbe people was , ' Give us bread , and none of jour gabble . ' They were led b y forms in womerCs ffuwe , but f

    omosevfinjg energy , and called up in the Court of the TuillerUu for immediate food ; for that they were dying , and , dying , would not endure it . " i don ' t remember the following language beiug usec ' by Coe , — " You must wait , " said Sir Robsrt , " tili February ; you must wait till March ; you must ¦ R ait tiil the dog-days of next summer , when , perhaps , you may have three such days as you have had in Paris ; but we will have hundreds of thou-Eands of troops to mow you down . " This I conceire to be the policy of the party . I think that is worse than Coe ' s langnage .

    Mr . Thomas Rhodes , examined b y Mr . Pollock—1 am a cotton manufacturer , and live at GloS 3 op . My mill was at work on the 10 th of August . 1 remember a number of persons coming to the mill on that day , in the direction from Stalybridge . The number 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 oat . 1 opened the door and the mob rushed in . They were armed with large sticks . 1 told

    them there was no necessity to use violence , &S We would step vmhont . Notwithstanding this , they rushed into the mill , and drove the handB forcibly out . When they saw all the hands out , 1 heard some of them say , that if the hands attempted to resume work , they would make them incapable of following tbeir 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 . Atherton here took the opinion of his Lordship , whether tbe simple fact of the surname of two parties being the same was to be taken as proof of identity 1 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 legal ; or it might be otherwise . It was necessary , therefore , to know what was said at these meetings , in order that they 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 what a quantity of wine the queen drank . He also said that the working classes would never obtain justice from the magistrates , for tbe Bench was composed of men Ccom the middle classes of society . They must have men of their own stamp . He then refered to the church , and said if the Bishops got so much for working one day , how taaeh did thej ( the working classes ) deserve for working six ! It was discussed whether they should

    stop toe railway bands , and 1 understood the meeting to decide that they should be stopped . On leaving the ground tho j went in tha direction of the railway . There were two reads 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 hands to oome . Tee major part had expressed a wish to return to werk anj time we thonenfc proper . On this day , several hundred persons came to the mill , about twelve o'clock . " The first thing 1 saw Was a mob surrounding the door , The cry raised by the mob was

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    " turn them out , " " we'll have them ouW We defended the door , and kept the mob off . There were two attacks . The first might continue for more than an honr . They dispersed , threatening that they would send a large force . We continued » t work till Friday , the 30 th . 1 returned home in the afternoon of the same day . 1 found the windows of the warehouse destroyed , and those of my own and fatber-iriA&w ' f house . The military were there . I know the liand-writing of John Lewis . 1 have seen him write his name once . I believe those now produced to be the same . 1 was at a meeting on Mottram M ^ or on the 19 th or 20 th of AugUBt . A placard -was exhibited . There is no doubt that the one sow produced ( the address of the Executive Committee ) is the same .

    By Mr . Dundas—The placard was given to the chairman , but he did not appear to be able to read it , and it was given to another to read . I have no doubt this IB a copy . By Mr . Atberton—Daring the last four years there has been a gradual reduction in the rate of wages . I don't know that the workpeople in the month of August had 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 the 11 th , 12 th , and 13 th of August , I heard Robert Wild , Samuel Lees . John Fairhurst , and Gibson speak . At the meeting I attended , it was not made a wage question . Robt . Wild said he was receiving Ss . a week more than in 1840 . Fairhust stated that the block printers were receivin g the same as they had done for eleven years . The meeting of the 11 th and 12 th unanimously resolved that it should not be made a wage question ; that it was the Charter they wanted . That motion was put repeatedly . Wo opened the doors of the mill on the 26 th , and the men came back .

    Mr . Hibbert recalled and examined by the Attorney-General—I produce a placard delivered to me by Little , constable of Hyde . It was given to me about the middle of August ' , but I can't fix the day . It has never been out of my possession Bince . My writing is at tho back of it , but it was only written yesterday . The address of the Executive GomtaUte was here produced , and Little , constable of Hyde , stated that he erdered one of his constables to pull down the placard from the walls of Hyde , between the 15 th and 19 th of August , Ho delivered it to Mr . Hibbert , clerk tb the Magistrates . The Attorney-General then put in the address , which was read by the Clerk of the Arraigns . The placard bore tho imprint of " Chales Turner , printer , Turner-street , Manchester . "

    Mr . Geo . Nasymith , examined by Sir G . Lewin—I am the owmcr of premipes , at Patricroft , in the township of Eccles , called Bridgewater Foundry . Oa the : morning of the 11 tb of August , I got up early , and saw a number of men going in the direction of Eccles . 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 . I was so far off , that 1 could not hear what was said . Morrison submitted a proposition that a deputation should go to the various mills , and order the bands 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 san Morrison passing my house , accompanied by a procession . Several of them had sticks of no great size . They were walking four or five abreast , and going in the direction of Patricroft . On the night of the 12 th of August , 1 heard a number of speeches . The speakers recommended peace and order , and to continue that until the Charter had become the law of the land . A piece of white cloth was exhibited having an one side—'* Peace , law , and order , " and on the other * " Political equality . " 1 afterwards saw a number of the party eater the gates of a Mr , Tetley , a retired gentleman , near the canal .

    By Mr . O ConnoT—Morrison has worked m my employ for six years . As far as his conduct in tho works ia concerned , we had no complaint to make . Nathan Fryer , examined by Mr . Hildyard—I am foreman of tbe blacksmiths at the Bridgewater works , near Worsley . Ou the morning of tho 11 th of August , a number of persons assembled at the workd . Morrison was there , and spoke to the inspector . Mr . Smith and Mr . Pearson are the managers of the works . The latter had a communication with the mob , and he then ordered them off , and said he would send the men belonging to the works to them . I went to hear what happened . Morrison spoke , and alluded to the distress that was existing , and , said that although wo might think ourselves well

    off , the distress would 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 bod ; of men to compel us . Eccles also addressed tho meeting . He said they came like a clock , and gave warning before they struck . In consequence of what passed , our men were ordered to cease working . The same afternoon I was at a meeting at Eccles . It struck me that the n . ob was the same . The meeting was addressed by M ' -Carmey , one of the defendants . I don ' t know who the chairman was . M'Cartney btgan by addressing them as " fellow-slaves ' . " and said , " this is the beginning of the end : this is a struggle between rampant capital and prostrate labour . "

    He informed them that at a meeting of delegates , held at Manchester , it was determined that they would not identify themselves with any class that , were turned out for an advance of wages . The Charter was referred to , and he said the struggle must be purely political , and that all labour must cease until the Charter had become the taw of the land . He mentioned many places , and said " above all , you have the men of Birmingham , who carried the Reform Bill . " On Saturday moraine , the 13 th of August , 1 was at a meeting , at Eccles . There was an address read , purporting to be from Mr . Lock , one of the Duke of Bridgewater ' s stewards . It was proposed to burn this do ument . Morrison again addressed the mob in terms of encouragement , and they then marched off in procession .

    By Mr . M'Cartney—1 have stated briefly the substance of what you spoke at the meeting . You urged the people to persevere in their coarse and ultimately they would be successful . 1 am quite positive that you are 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 . Tte presence of the men who had stopped our works was a sufficient indication of the character of the meeting . 1 observed a gentleman on horseback outside of the meeting ; he was

    not a magistrate ? . 1 did not see a Magistrate present while you were addressing the meeting . Yon approved of the conduct of tbe meeting , and therefore 1 consider you were one of them . 1 di f l notsfe you in Worsley that day . 1 do not know that gentlemen of property in the neighbourhood have supplitd food to- those who were on strike . 1 < Jo not know of any attacks upon person or propenyinthe places 1 have here alluded to , on the 11 th . 1 d ' . d not hear you urge the meeting to respect even tho opinions of those who differed from them . If you did do so , 1 had left the meeting .

    Geor ^ o Wroe , examined by Mr . Pollock—In tho moach of August last , I was in the service of Mr . Greenwood , cuach proprietor , of Eccles . I remember seeing McCartney , in the Bull's Head , in Eccle ? , on the 11 th of August . I remember his engaging a carriage Of my master , to take him to Lu ; gh- Ho started from Eccles about ten minutes past six in the evening . He said he must bo 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 hoar what he said .

    Samuel Turner , examined by Mr . Wortley—1 am a farmer , and live as Ashton-under-Lyne . On Tuesday momeng , the 9 th of August , there was a meeting at Thacker ' s ground , at Ashton . 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 tie 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 teix day ' s labour , and said they must not resume their work , until they had got the wages of 1840 . 1 know a man who goes b y the name of General Lee . Ho was at the meeting . The mob afterwards moved off to Manchester , and Lee went withthem . 1 got my breakfast , and went also . We passed through Holt Town , and they s topped two or three factories . 1 eaw one factory where they forced open the gate . 1 did not see Lee after

    leaving Ashtcn . At Manchester a Magistrate met the people j Mr . Maude was the gentleman . There was another gentleman with him . 1 saw the military in Stephenson-equare . 1 saw Mr . Maude speaking to themob . i never saw Lee in Manchester at all . By Mr . Dandas—The reason 1 went to Manchester was this : —l 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 advise the people not to stop any factories , but to go to the meeting in Granby-row-fielde , where they would find everything u right , square , and comfortable "—( Laughter . ) The Magistrates escorted the people through the town , and gave them every praise that could possibly be , for being so peaceable . 1 saw no mob assembled in front of the Exchange at Manchester . They all seemed in good humour , and 1 saw now ' t to fait about . —{ The witness retired amidst mnoh laughter . )

    Archibald Mo . Mullin , examined by Sir G . Lewin—I am one of the inspectors of police , at Man * Chester . On the morning of the 9 ih of August a large body of men entered the town , and when they arrived in Ancoats-street , they divided into bodies . Women were mixed in the procession . Some of them had small sticks . Mr . Maude , the st ipendiary magistrate , met them at the corner of f ' pllardstreet . He spoke to them , but I could ' not hear

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    what was said , They then went down Great Ancoats-Btreet . I went to Mr . Murray ' s mill , and I found a mob of fifty persons there . They insisted upon the handB being turned out . About four o'olock in the afternooin , j went down to the Cotton Twist Company ' s mill , and found the windows broken . The military were there , and the ; had twelve persons in custody . The hands had turned oat ,, and the mill was stopped . : I then saw the mob attack Mr . Barley ' s mill , and break the windows . The sates leading to the yard had been broken . I should think thai 3 , 000 or 4 , 000 Equates of glass were broken , and the window frames were forced out . From Burley ' s they proceeded to Messrs . Stirling and Beokton ' s . I found

    the squares broken . The town continued in a state of disturbance for several days . The shops were shut up , and the mills were standing . I know a man named James Leach . He keeps a small book shop . I had 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 tbe 17 th of August . ( A copy of the Executive Address was put in . ) At the time I went into the shop the placard was leaned against the wall . By Mr . O'Connor—I have resided in Manchester 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 have a procession on the last 16 th of August . I believe , also , that in consequence of the disturbed state of the town ,, the magistrates recommended that the procession should not take place . I am not aware that it was in contemplation to have a

    meeting in a private piece of ground belonging to Mr . Scholefield . I do not know of my own knowledge that Mr . Scholefield gave notice that he would not have a meeting there . I am not awaro that there was any breach of the peace in Manchaeter on the 16 th of AugUBt . I never saw so many persons in Manchester . I believe that notices had b » en circulated throughout the whole country for some weeks , to have a procession on the 16 th of August , to open Hunt ' s Monument , Tbe notice , abandoning the prooession , was a short one : 1 can't say wheter it was in consequence of persons in the country not having received their notices , that the influx of persons into the town , on the 16 th , was so large . Tranquillity was not restored for five or six days . 1 passed the house of Leach several times in the afternoon , but 1 did not go in to ascertain whether he was in or not . 1 apprehended him at eleven o ' clock at night . 1 don't know how long before that hour Leaoh was in his house .

    By Sir F . Pollock— The state of the town was extremely alarming . Business was quite suspended , the shops were 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 of 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 were at work in the morning , but they were stopped during the day . I saw large bodies of persons go and order the mill-owners to stop their works , or thoy would break the windows . Some parts of the day , all parts of Manchester were interrupted . I could not form any opinion of the number of

    persons , but I never saw so many . 1 am aware that prooessions have taken place for many years past on the 16 th of August . They have been very little attended for some time past . It has not bev-n customary for persons to assemble for six or s yen days beforehand , to be ready for the procession . 1 snow instances in which bodies of persons went to the shopkeepers , and demanded bread . In some cases it was refused , and in others , it was thrown out to them . 1 remember the meeting in Granbyrow-fields . Christopher Doyle , one of the defendants , was in the chair . Several thousands were present . Tho Mayor spoke to Doyle , and the meeting generally , telling them that the town was in a most excited state , and that he could not

    allow the meeting to continue any longer . 1 believe Doyle wished tbe meeting to disperse . After a parley of about ten minutes , the people began to walk away . On the 17 th 1 saw a placard similar to that now produced ( address of the Executive Committee ) extensively posted in Manchester . The first time 1 Baw it was in the morning of the 17 th . That was the day after the intended procession to Hunt ' s monument . 1 apprehonded 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 the same 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 taken on the night of the 17 th , and in the morning I had 6 een 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 the street were reading it . I remember going to tho Hall of Science , Manohester , on tho 16 th of August . 1 found several hundred persons there . A majority called themselves delegates . 1 knew Alexander Hutehinson . He is not a defendant . 1 could not identify any of them . The Magistrates informed them of the excited state of

    the town , and gave them ten minutes in which to disperse . /> t the lapse of that time they did disperse . 1 think M'Cartney was there , but 1 can ' t swear to him . 1 cannot state the number of military in the town . By Mr . Dundas—The peoplein the Hall of Science dispersed quietly . There were a great number outside . 1 have known 5 , 000 or 6 , 000 persons attend the procession in honour of Hunt ' s festival . 1 don't think there was any procession at all last year but one . The last time 1 noticed a procession , 1 think 2 , 000 persons would be present . These processions were always known to the authorities . 1 knew on the 15 th of August last , that no prooession would take place .

    By Mr . Baines—1 am not exactly clear about the day when I first knew of the warrant against Mr . O'Connor . The Attorney General—My Lord , 1 will just say that 1 should like to see this warrant produced . Mr . Baines— 1 merely want to fix the recollection of Mr . Beswick , 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 Learned Friend the trouble of pressing tho question . By Mr . Baines—1 am aware that early in the spring of last year the foundation stone of a monument to the memory of the late Mr . Henry Hunt was laid in the burial ground attached to Mr . Scholefield'B 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 . The procession did take place , and a tea-party was held afterwards , 1 believe it was understood that the monument should be completed by the last anniversary , on the 16 th cf 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 take place . It did not take place . 1 understood from some ot the other constables that after the proclamation of tho Queen , and that of the Magistrates , appeared , p meeting fixed to be held on the premises of the Rev . J . Scholefield , was abandoned . We subjoin the substance of each of these placards read by Mr . Baines , 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

    procession : — " 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 plaoards recently issued , we hereby give instructions to be observed on the 16 th of August , 1842 , when a grand procession will take p lace to celebrate the completion of the monument in memory of the late Henry Hunt , E ? q . Those trades who resolve to join the prooession are requested to meet the members of the National

    Charter Association , and other friends of Henry Hunt , E-q ., in Stevenson ' s-square , precisely at ten o ' olock in the forenoon , where the procession will be formed , and thence march in dueorder , headed and conducted by two marshals , through the following streets , namely , Lever-street , Piccadilly , London-road , to Ard wick -green , thore to meet the patriot O'Conuor . " ( Then follows the further programme , and the announcement of a tea party and ball , in the Carpenter ' s Hall , the same evening , at which Mr . O'Connor had promised to attend . The placard was dated August 1 .

    In the mean time , the disturbance , ? broke out in Manchester , and the Committee for conduoting the prooession issued the following notice : — 11 The Committee for the erection of Hunt ' s Monument , respectfully inform tbe public , that in consequence of the very unexpected excitement of the town of Manohester , and its vioinity , occasioned by tho' 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 of the Rev . J . Scholefield , where the monument can be seen . The gates will be open at ten o ' olock , and the meeting will be addressed by FeargHS O'Connor , Esq i 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 Queen , and the other by the Magistrates of Manchester ' , the committee issued another placard , prohibiting * he meeting on Mr . SchoUfield ' s premises > ' alleging as a reason , that given in the preceding notification . By Mr . O'Connor—Mr . Leach in a newsvender , I am not aware it is a common practice when any printer esecutesa placard , to send them to a news *

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    vender . I doht know that I have seen placards at newsvender's ! doors of a more exciting character than this , j . The Attorney-General objected to this question , which the Learned Judge held to be irregular , and consequently Mr . O'Connor did not press it . Examination resumed —! know it has been y ; our practice for several years to attend demonstrations at Manchester * on the 16 th 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 th of August . 1 was confined m the Town Hall , in a great measure , fora month , and , therefore , 1 don't know so much about the town as others . 1 believe the days on which 1 received the worst

    reports were on the Wednesday , Thursday , and Jmday , the 10 th , 11 th , and 12 th of August . By Mr . Leach . —1 am not aware that it ia the custom in Manohester for bill stickers to paste bills on the boards ivhich stand at newsvendere doors . I believe you were not at home on the day on which 1 saw the placard in your shop . You were certainly not in the 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 jthe 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 of the Northern Star , and that Feargus O'Connor , Esq . of Denham ( Cottage , Hammersmith , was the sole proprietor , j ,. « .,, « In answer to a question by Mr . Wortley , Mr . Drake stated that the declaration was executed in his presence ! . The Attorney-General read the imprint of the Northern Star , and was proceeding to read some extracts from a publication of last year , when , at the request j of Mr . O'Connor , the Learned Gentleman consented to postpone the reading till the following morning . # The Court rose at seven o ' clock . It is notexpeoted that the Attorney-General will finish his case before Tuesday , sojthat it is probable the trial will occupy a great part ; if not the whole of next week .

    SATURDAY , FOURTH DAY . Mr . Baton ; Rolfe took his seat en the bench at nine o ' clock . I A person in the body of the Court stated to his Lordship that he had been subpeened on behalf of one of the defendants , { but finding that he could not obtain his expencas , be wished to know whether he should be compelled to remain or not ? The Judge replied that he bad no jurisdiction in tbe matter . The witness , therefore , must exercise his own discretion as to whether he continued or not . The Foreman of the Jury asked permission for them to go home by the train at five o ' clock in the evening , and retura early on Monday morning . The Jurors had sustained much inconvenience , and they hoped his Lordship would accede to their application .

    The Judge said that he waa suffering under a severe cold , but hf could have no objection , personally , to complying with their request . They would see , however , what progress the case made to-day , and he would then determine . The Attorney-General supported the application' of tbe Jury , aqd ultimately his Lordship consented not . to Bit later tban five o ' clock The Attorney General then put in a copy of the Northern Sidr of the 20 th of Aug . 1842 , containingan article addressed to the Chartist public , and which waa read by the Attorney-General in his opening speech . Thia artiole having been read , the Learned Gentleman said that in order to prevent any misunderstanding he ! begged it to be distinctly understood that the document there alluded to was the address of the " Executive ! Committee . "

    Mr . O'Connor begged to call theattention of hia Lordship to tbe fact Jthat tbe Attorney-General , in his opening speech , told the Jury tb at tbe Northern Star , or anything contained in it , could only be evidence against Dim ( Mr . O'Connor . ? If , therefore , tne ; Attorney-General meant tbe article which had just been read , to apply to the Executive Address , he must also admit that that only applied to him , and not to the rest of the defendants . 1 The Judge—That may be matter of observation to the Jury . ^ Vhat I take the meaning of tha Attomey-Genetal to I be is—that the person who wrote this article in the Northern Star , alluded to the placard , entitled the ;'' Address of the Executive Committee . " The Attorney-General—Just so , my Lord ; and , therefore , I [ made the observation in the outset , in order that there might be no misunderstanding on the p » int !

    His Lordship here announced that aa there appeared to be no possibility of getting through the . case for some days to come , be had communicated with the Lord Chancellor ,- and bad obtained a new commission for Westmoreland , which would set him at liberty for the following week . James Hindley , examined by Mr . Hildyard—I am a driver of a fly No . 10 , and live at Manchester . Early on the morning of the 16 th of August last , I was employed by Mr . O'Connor to drive him to the residence of Mr . Scholefleld , one of tbe defendants , in Every-street I took him up at the Birmingham otation . ; By Mr . O'Connor—I know a man called " Pope Joe . " I was not in company with Inspector M'Mullin , and two cabmen , on Friday last . There was no . conversation that we should all be of one mind as to what we were to say : here .

    Robert Bell examined by Mr . Pollock—I was employed by the Manchester police on the 16 tti of August last On tbe evening of that day , I saw Mr . O'Connor go into Mr . Scholtfield ' s chapel . I was at the same 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 acain a few minutes afterwards . In the afternoon ijsaw several other persona leaving—I should tbink about twenty . I recognized John Campbell , Christopher Doyle , and M'Cartney , three of the defendants . I afterwards saw these three , in company with John Allison , go into tne cbapel again . Oa Thursday toorning , the 18 tb , I saw Mr . „ O'Connor . I saw him leaving Mr . Scboleficld ' s , in a cab , accompanied by Mr . Scholefield . They drove in the direction of the Birmingham and Manchester railway station .

    By Mr . Baines—Two other persons were with me in Every-street . I went there about nine o ' clock . On tbe 17 th , I saw the pai ties going into Mr . Scholefield's house at one o'clock . By Mr . O'Connor—Tho first time I saw you was on the evening of the 16 th . I was sent into Every-street , at nine o ' clock , on the 16 th , to watch the 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 . Scholefleld ' a ground , as had been previously determined upon .

    Thomas jNoblett examined by Mr . Wortley—I live at Manchester . My mother keeps a public-house in Whittle-Btreet , called the Queen ' s Stores . I was at home on Tuesday , the 10 th of August I know M'Douall . j He came to our house about nine in the morning . My mother showed him a room up stairs . Whilst be i was there , I eaw two or three men go up stairs . They asked for Dr . M'Douall . I knew them . One was James Leach , the bookseller , and another , Mr . Campbell , j f do not remember seeing Mr . O'Connor come into the bouse , but I was sent for a cab in the afternoon , and Mr . O'Conuor and Dr . M'Douall , went away together , t don't know which way they were going . I saw M'Douall again at . six-o'clock in tbe evening . I went into a small room called the " snug , " behind the bar . He did not sleep in the house . I know a man of the name of Turner , a printer . 1 saw him at his own house , on Tuesday night . I was sent there by Dr . M'Dou&lL 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 that tbe type was not ready . M'Douall did not tell me what placard he meant . 11 know Christopher Doyle , be waa in the bar . He walked through , and went i nto the snng to M'Douall . j I know Bairatow , one of the defendants . He came to our house about one o ' clock , and went into the snug also . At dinner time , on Wednesday , I saw Turner , the printer , come to our house . He asked for M'Douall . j I told him he was not in . He stayed for two or three minutes . He had papers under his arm I saw no more that day . I know a man of the name of Wheeler . [ He styles himself a printer . On Tuesday night , he was at our house . I am not aware that he asked for anybody . By Sergeant Murphy—Our house « a place of entertainment , lit is situate rather backwards , but it is near to a large { market . We do not supply any victuals . Any one that comes in may go into the annj ? . It is retired , and more comfortable than the bar .

    By Mr . O'Connor—The house is dose to Oldhamstreet , but there is no business doing there . It ia a great thoroughfare . The house was as much open on this day as any other . No precaution Waa taken . Many people went up staira without asking for any one . I should think you would be in the house from twenty minates to half an honr . I know that as soon as you arrived , a large number of persons got to front of the house . I am not aware that you opened the window and told the people to disperse , and that if they did not do so , you would I k ow that you left by the back of the , premises , in order to avoid the crowd . By Christopher Doyle , a defendant—One part of the house is in Olhdam-atreet . It ia nothing remarkable to aee you going into the house . You have of ten been in the habit of coming there to get a glass of ale , or spirits . j Defendant—A social glass . Just bo . ( Laughter . )

    By M'Cartney—Oldham-street is certainly famous for the exposure of various articles , bat not for sale . ( Laughter . )! I mean that there is very little custom . For a public house , I do not prefer Oldham-street . I admit that it is a great thoroughfare . By James Leach—I have often seen you in eur house three or four times a week . I did not think 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 and the news-room . I have never seen yon in any other than quiet and respectable company . The opinion of my mother and sisters was that you were Yfrry quiet . ; and bODourable in your payments . I can't

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    say that your conversation referred to questions of morality and good behaviour . I did not hear what yen said . Miss Agnew Mary Noblett , examined by . 8 ir Oregon Lewin—I am sister to the last witness . T kno * M'Douall . I remember seeing him in our house da Monday , the J 5 tb : of ^ Attgnst . He c ^ alone . |[ a cape again on tha following day . He asked ay ntdttiee if he could have a room . She told him the room was unsafe . She did not give any reaaonwhy , He then asked to look at it When he had done so , he said ft . was safe , and that he wanted it for about eighteea persons . He remained there . Othex- ^ persons cama shortly afterwards . I knew some of them . Therei wa » Campbell , James Leach , M'Cartney ^ Christopher Doyle , and Bairstow . I saw Mr . O'Connor there that day . At

    that time the persons I have mentioned were there . Ha waa cheered by the party who followed him . He went into the room "where the gentlemen were . When ie had gone np stairs , my mother followed and said ttafc the crowd must disperse . Some went down stairs , ana told the crowd to go away . They did go . Those that remained up stairs were Mr . O'Connor , Dr . M'Douall , and others , whom I donfr recollect ; Dr . M'Douall adl dressed the mob , and told them they must go away Mr . O'Connor remained until a cab came for him . a person of the name of Baron lives next door to us . Mr . O'Connor went by tbe back of onr house to Baron ' s On the 17 th , Dr . M'Douall , Campbell , M'Cartney , aai others , came again . They occupied the snug . Thej remained for about an hour 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 tj very popular with the people . The room was coad derei unsafe , the waU being cracked . By Mr . O'Connor—I should say that you were in the house rather more than half an hour . The people were cheering outside . My mother requested that thg mob might be dispersed . I believe you sent for s coach to go away . I did not hear you tell the niob to leave , or that you would leave Manchester altoge . ther . On the Wednesday evening , Dr . M'BouaU an 4 Campbell were at onr house between ten and eleven , and they remained an hour and a-half . I don't kno »

    the distance between our house and Every-street ¦ James Cartledge examined by the Attorney-CtenenI —I live at present in Manchester . I have lived there for twenty y ears . Pa » t of the time I have worked ia a factory , and part of the time I have been a school master . In the beginning of tha month of August lift , I was a member of the Chartist body . There were » number of persons who called themselves the Exeea tive Committee . There was James Leach , of Man . Chester , Jonathan Bairatow , John Campbell , p { er Murray M'Doualk and Morgan Williams . On Sm . day , the seventh of August , I attended a CbarUjfc meeting at Oldham . It Was held in a room . It ym a regular Chartist lecturer ' s meeting .

    Mr . O'Connor—I wish to remind your Lordshi p ( hat this man is in the indictment . The Attorney-GfeneuJ —I was not aware of the fact , and I ' am obl ' ged to Mr O'Conuor for having mentioned it . I had directed s noli prosequi . This form of proceeding was immediately adopted by the Attorney-General . The examination was about to be resumed , when , Mr . Dundas rose and expressed it as his opinion thi the evidence of the witness was inadmissible . He remembered a case before Mr . Baron Bolland , in which a question arose whether a person against whom a bill had been found , could be received as a witness againtt others accused of the same offence . He took the objection now , in order that , if any thing should arise out of it afterwards , the 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 ceiDBjoa tban to apply to the Judge , at the sitting of the court , in order that the party may become a necessary witness The Judge—There is no sort of doubt about it . ; Mr . Dundas—I merely mention the matter now , Ia order , as I said before , that we may not lose the adju tage of the objection , if there should be anythingfnff . The Attotney-Geries&L—A . a aa objection bas been taken , in order to be regular , perhaps you ; loird&ip will allow the witness to be re-sworn . The Judge . —Certainly . The 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 ground that he is in the indictment ^ —that the Attorney-General entered a noli poseqvi , to discharge £ im from the indictment , —tbe defendants still objecting .

    Mr . Dundas—I may just observe , my lord , that Is the case of "The King against Percivalj" Liviiis Crim . Cases , vol . 1 , p . 151 , the Judge , Mr . Baren Bolland , sent back the bill to the grand jury , to be amended , before he would admit an indicted party to be heard as a . witness . Sir Q . Lewin—But in that case the ChancL : Jary had intimated their intention to throff oat tie BUI against the party . The Judge—I think there is no analogy whatOTerin this case and that of " The King againat iP ^ rciTaL 11 In the latter , the question was whether the Mil was a good one , but here there is no dispute of that kind . Suppose A and B were indicted for a nMemeMionr , you don't mean to say that B might not be a witness against A .

    The Attorney-General—Certainly not , ay lord , and I believe in point of law that although it is osnal either to obtain an acquittal , or to enter a npii prosejui , for the purpose of preventing the supposition that the witnesB labours under any infirmity , it is perfectiy competent for me to examine this witness without either form . Mr . Dandas—I have looked into the point rather more fully , my Lord , and I say that Cartledge is not a good witness , inasmuch aa he was put upon hia trial from the first He was on his trial up to the moment of going into that box . The rule of law , I believe , la

    this . In " Russell ' s Crown Cases , " vol . 20 , p . 597 , it is laid down that a party may be a witness , providing he be not put upon his trial at the same , time as the other defendants . And 1 beg to call your Lordship's atten . tion to the caae of " The King against Rowland and others , " for a conspiracy , in which tt was held bj Lord Chief Justice Abbott , that the counsel , in Ms opening , may enter a noli prosequi . But this is not the state of things here . The defendant , Cattledge , is on his trial now , and jour Lordship did not know till the moment he was put into the box that he stood in an ? other position than that of a defendant .

    Mr . Wortley—I beg to call your Lordship ' s attention to the last decision in these cases , la " Phillips on Evidence , " p . 67 , it is laid dawn thatm eases of misdemeanour , a noli prostqui , entered before or alter trial , enables the counsel to call a defendant as a witness . . Sir G . Lewin—The same rule is laid down in " Starkie on Evidence . " I h ave frequently known that where two persons were indicted together , appu * cation was made to the Judge , to have one tried berore the other , in order that the second might become a necessary witness against the first . * — Tbe Attorney-General—lam very much ebligedtomy Learned Friends on the other side , for ttwir . -wwJT £ guard the prosecution against any objec tion . « oaouw if this person should afterwards be held not to cea good witness , they will be entitled to a new tnal ; DM i think I am entitled to examine him . The Judge—I tbink you ate .

    Mr . O'Connor—I snbmit , mv Lord , to the Attorney ' General , having entered the noli prosequi , &M . alte' ®| the recori , and the issue being a mitimus sent &om from the Court of Queen ' s Bench , by ceriioran , we Judge is obliged to Bend it back unaltered . I deny , therefore , the right of the Attorney-General to maw any , the slightest , alteration in this record . The Attorney-General—My Lord , I will just read a note , page 141 , of "Roscoe ' e Criminal Endenw , which I think removes all doubt in the matter . u& note is this : — " The evidence of a person whoi has Me an accomplice in tbfl commission of a crime , with wm » others stand charged , is generally admitted e ? i < F ? w against them . If an accomplice be not »^* %£ w ™ h hf , irrmossihl « to find Rvidence against the g *™ '

    est offofader . Even where the accomp liea DMWW joined in the same indictment , still he may becaliea ^ a witness , if he be not put on his trial . Thetelote , ^ does not seem to be any objection to the admission < n » witness in Buch cases . " It appears , tbe" w : ¦? £ Lord , to be quite competent . for me to ^ P' ^ j . ™ ,-Lordship to direct the Juvy to acquit the defendant ! « on behalf of the crown , to enter a . noli prosequi , tna ^ J placing him in the same situation as if he Uvxvx * tried . « ... Mr . Atherton—The view which Mr . O'Connor o » taken , my Lotd , appears to me to be the < 5 ° *^* I contend that the course proposed to be adop _ tea » J the Attorney-General can not be taken on this reeo w , because thia is not an indictment returned by the tt »" Jury , but a munnscript sent down here by vaama , » appears upon the record itself . The Attorney-General . —I admit that till ftlii « g sion , I have never entered a noli prosequi on the repo » itself , but I maintain there is nothing , in point ot » »

    to render such a course irregular . The Judge—I will give my opinion very brMf think , in the first place , that the At torney . Gen . erd « enter a noli prosequi for the benefit of the m <*» There can be no prosecution at the suit of the w ^ in which it is not competent for him to do . ;* V , ^ f Attorney ^ General , therefore , miy eater the ^ 'J ^ S ^ and get rid of the defendant jost as if be had new been prosecuted . What I would suggest , nowe ? f ^ S that instead of entering &noliprosequi , yott shoaiaw an acquittal , which is at all times proper to Bucn cw » . It may . indeed , be ^ ^ essential td the interests qf tne ow » defendants thafcthis party should bei acquitted . The Attorney-General—I will take your recommend * tion , my Lord . njxfit ? Mr . Dundas—I believe the rule is , that a eo ^ spirator cannot be acquitted till the end oi »

    The Judge—I hold that no co-defendant can be nea » on sacb a point .. i .-,, * Mr . O'Connor—The ground on which the ff ^ h General consented to the acquittal of tb ^ defenoa ^ Wilde , was , that he had nothing against mm . J ^ in . tho case-of . Carttedge , be lias tromething as """ hlnr . , ¦ - ' ( Continued in our Seventh page . )

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    fi THE NORTHERN STAR .

• 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-ncseproduct641/page/6/