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THE TRIAL.
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Ctartfgt 3EmeUweutt
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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.
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HuLt . —The liberation of Mr . Robert Peddiewas © debr&ted by a -public tea party , on Monday evening , " in the Rev . W . Hill ' s chapel . Mr . Peddie wa * liberated on Satardaj last , Mb three years of imprisonment having expired . Bis Scotch" friends were Hot expecting Ms liberation till the 17 ib inst . A * « K > n as he left the walls of the Beveriey " Hell he "was greeted by the enthusiastic welcomes of the Beverlej Chartists . BiEsstET . —A vote of thanks to Mr . Doncombs ias been agreed to here . Birstal . —On Saturday and Snndaj evenings , ^ jw John B--vhti , from London , delivered two eloxraes ' r- ; ; uiercsiing lecxores-in ibe room OTer the Oe- i j uv « Stores .
The Trial.
THE TRIAL .
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GOVERNMENT PROSECUTION OFFEARGUS O'CONNOR , ESQ , AND OTHERS , FOR AN ALLEGED CONSPIRACY . LANCASTER . —NISI PRITJS COURT . ( Continued from our last treeVs paper . J
FRIDAY—THIRD DAY . In conseqnence of 3 Ir . Baron Rolfe having arranged this merning to dispose of ft charge of nrarder against a young "wonsan named Alice Greenwood , cf Biackbnm , alleged to have been committed by her , in the month of Jennsry last , trpon the boey of her illegitimate male child , the resumption of the evidence in the prosecution of the C&artisa , did not take place till nearly twaiTE o ' clock . The verdict in the case of murder was Not Guilty . The iearned Jadge took his seat in the Xisi Prius Court at twelve o ' clock , -when the Jnry , in the case of «• The Qasen against Yeargus O Cocnor and others / 1 " was called oxer . Before ths evidence was resamed .
! Eha AtSor&iy-QsnerBA stated to his lordship , that having carefully looked over the depositions as iffecting John "Wild , one Gf the defendants , vho cross-ex amined the witness BcctJey on tba prevjons day , he bad eoms to the condnsion , in concurrence with his learned Friends , not to cfFer any fnrther evidence against Wild . A Terdict of Acquhtal -was accordingly taken . The same course was adopted Viith regard to Thomas Pitt , another of the defendants .
Tiie -attorney-General made an applicatien to the Court -sita reference the attendance cf the Rev . John Taylor , Inrambtst of Dackinfield , who wished to off ^ r evidence as to the character of John Crossley , one of the defendants . It would be inconvenient for the Rev . ¦ Gentleman to be detained in Lancaster over Sunday , andihe Learned Gentlexian accordingly proposed that the evidence of Mr . Taylor Ebonld then be taitn . The 2 iev . Gentleman -was sworn , End he gave a very favourable opinion of ths character -of Crossley , as a peaceable and orderly man .
Mr . Joseph HiVbert , clerk to the ^ Magistrates at Hyde , examined by the Attorney-General—1 remember the disturbances at By 3 e , in AnguEt Jast . There is a locS-np there , but it was not safe to confine the parties in it , charged with rioting . It was the duty of Mr . little , Special High Constable pf Hyde , to make daily reports to the Magistrates , as to the state of the town . The book now produced , is the one which has been used for that purpose . I have frequently seen Little meit By HSx . © 'Conner—I consider Mr . little as eosnpelenfc an anQiority es any other for the discharge of ths duty I am deri to the Magistrates , and 1 never heard that in the month of August las * , a number of the mill-< jwners gave noBce to their hands to leave work . Tha Attorney-General objected to a witness being asked as to what he had heard . There would be no end to the -ease if snch latitude wsre allowed .
In reply to a further question by Mr . O'Connor , the witnesB said that the disturbances in Hyde ended about the 20 th of August By Richard Gtley , flpfonrUnt—j did not hear of any particular distress in Hjda , during the month of August last year . Mr . John Brook , examined by the Attorney-General—I am bookkeeper sad manager to >' -r . Pratt , cotton spinner , of St 3 Jybriag& . On Monday , the 8 th Aiunrt , 3 remember a mob ceming to the mill , a little before nine o ' clock in the morning . I can ' t tell the cumber ,
"but the street -sras fulL I should think there were thousands . I -was in Mie mill-yard , anfl having had an intimation that the m&b vrss there , I , aloag with the overlooker , get outside , jus ; before they came up . I asked the people what they wanted ? They said they Wanted tbe hands out I asked -what fcr ? "Oar hands are BafisSed with tbeir wages , and do not want to eome out . '' They replied . —*• We -will have them out : Sbey must go with us to set our lights- " I said , — "U our bands corns cat , they wiD nsfc % o with yon .-5 fe shall start the engine to-morrow morning , and they win eomeinarain . **
Mr . Dandai objected to this evidence , inasmuch as he understood from the Attorney-General , that the witness could not prove that any of tbe defendants baa had anything to do with the these transactions . The Attorney-General said that he had certainly mads that admission , bet lie did not intend it to z £ ecl Ms right to cfikr the evidence . The Jttdge—Proceed . TfrraTninafinn resumed—The people replied " Neither yonr mill : nor any mill shall work again , TintU we get our rights . " 1 said " It is Tery wrong in yon to force persons against their will , for our hands are getting more wages than they were twenty-five years ago . " Tbe mob said it -spaas lie . , and they jostled me about , to force me to Open the door . They said that if the &oors Were sot opened , and the hands turned ont , they-wcmld
break ths "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 all the hands were turned pat . They then left tbe 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 da There has been no alteration for some yean except > trifling advance In August last , those who worked by piece suffered a -reduction of ten per cent A spinner will earn from : 22 s . to 36 s . a week . Ths amount varies according to the - < jnality of the work and the quantity of machinery employed . The average is SOa . & week . I do not know : that any spinner in our mill was earning less than 22 s . da August last If there were any , they would not be producing tbe proper quantity of woik . Mr . Platt = 3 oes not employ any weavers .
-By Mr . Dnndas—1 do not knew that the men in Hr Bailey ' s mill , -which ia about three hundred yards from -curt , were , in the month of August last , under notice of -A-reduction cf wages amounting to twenty-five per - © 3 n » Mx . Bailey ' s mill was closed in the month of Augnsfc . I can't say positively whether it was stopped ibrs monti or net , but I think that would be about -the . time . When the peopls came to Mr . PlatVs mill , Vdey-iiid not do any damage to the property . Sy 34 r . O'Connor—We nave about three hundred "hands ,-and we pay abont £ 310 per week . We have i Tight ^ iecers ton" doulsla decked mule . " We have £ " tb cf -these , and three of them require eight piecers to attest them , and two of them sevec We have tn ^ nty-se ren pair of single . decked mules , and four pi 6 eers io each . We have thirty-five spinners . It
was only iie thirty-five spinners * that received from S 2 i . to 35 s . To earn this rats , tbe spinners work upon a Him . ^ e decked mule , which Kquires four piecers each . A man ^ wwkicga full week aims at £ 6 6 s . for the fortnight Jiom-tbls there 1 b a deduction of ten per cent ., and gas % ht , ^ s . * week , reducing it to j £ 5 9 s . -Sd . A man woi . ^ g * S a doable decked mule , will aim at £ 13 a foil " tagbi . Yrom Hub thera is a dedneBon of 20 per cei > t She _ £ 210 of which I have spoken as paying to the men , is P £ id every fortnight For a doubledecked mule , ihera is a deduction " of 3 s . a week for gas . There a . ^ e ^ oc ilnes except for spoDed work . 1 cant sy what i » the , 4 arge 8 t amount of 4 edncttons that has been made a t any-one time . The amount paid to the men weekly is at vat ^ 155 . Ou t of that ihirty-five al £ he spinners earn troEijJS * t © 36 s . a week . ' This would of
leave an arera ^ e 7 * - -M- a vttkfor the remaining 265 bands . I am not a " ** ¦ & ** the spinners make any deductions from the i ^ 3 ? £ S ; rf the piecera It was repre sented that the distn . « of fce working people in Hyde , in August last , was vl T gr ^ st I also beardthst com-^ nittees of the shopke ^ wb stexe appointed in conseg ^ ence . 3 do not kno * * f ^ sy o wn knowledge that several of the mfflowne " » fare notice that the hands should not have any more vorkjmleas they would submit to a considerable redui ' ^ = of wages . When the mob « ame to out mill , t&ey pasted against the deors , int ihey did not break them o ~^ a . ily master ordered ttem to be opened from fear , " j / fcffejaofc here . ByJames Leach , ilefend anl—i ^ iw-dQecription of the wortmen t © which we paid the sa ^ ae = rjges as we did 2 oyean ago are as follows : —We ^ ^^ * & tha t time 1 carder 17 s . * & * . , a ^ v-dn 4 ep , 1 at 12 a .
aaa anomer at t ^ ' * fc ^ e " tenterer 8 , &t- We have aSS ^ HfestiSrs ! JL'Tj ? * s ? sC = v ? A r ^^^^ t& ^ ti - B ^ ber of ^ andmaking ai ^ i inSi
. , rf ^ fewue whavealfcered tieprmd pteof vSimitiS We are spinning 80 » s and wo / now . I d ^ nvXw whatwe paid per ^ onnd tvfenty ^ e yean rinceTi feejan to pay wagwaeren years ago . 1 cant remember the rate we paifrrt the time . I dont know that stS 2 iers in SUJybridge are only earning 12 s . a week . Twenty yesis ago men were spinning « n roo spindles - ten years ago , on 1800 ; now we have as high as 1648 * I dont remember bow many , spinners we had twenty years ago . I think we have thirty-fire now . The J « a _ ge—I can't Huderstand the meaning of your examination .
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Defendant—My object ia to show , my Lord , that thay a ; e not paying anything like the amount of wages now that was paid two years ago . Witness—I say that we pay as much in the gross amount , and I will maintain it . Some of the hands in oar mill live in houses belonging to the firm , and others do not . It is expected that they "will do so , but nothing particular follows if the expectation is not complied with . We have ; several houseB to let now . The rents vary from three ehillings and foarpenoo to abont fonr shillings weekly . The rents are stopped when the wases are paid , but not in all cases . When the men returned to work after the turn-oat , we did not stop the rent for the week . There are some hands in our mill earning from seven to eight sbiUiEg 8 per week , but 1 don ' t know that
any of them live iff these houses . I am not aware &ai we have a angle hand earning only seven shillings 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 onr own mill . 1 know there have been complaints by the operatives in Stalybridge , as to the email amount of remuneration paid for their work . I heard thesamo complaint twenty five years ago . I have heard them ever since I lived . 1 know that the owners of these houses are grumbling very much about the low rents they are getting . There are a many houses to let in Stalybridge . « The Attorney General said he must really object to this style of" examination . He wished to be as forbearing as possible , but what they heard had no relevanoe whatever to the Tecord .
The Judge did not see the relevance of the examination at all . He understood both tbe witness and the defendant to be correct in their views . The witness had stated that a man of ordinary skill and industry , working a full week , would receive more money than he did twenty-five years ago ; the defendant , on tbe other hand , maintained that tbe man gave a larger produce for the amount , and that therefore , in point of facr , he got less . Witness—That is what 1 meant , of course takin into ascount the alterations of machinery betweeD this period and twenty-five years ago . The Defendant was proceeding with hi ? examination , but his Lordship interposed , and Mr . Leach consequently sat down .
Mr . John Bradshaw , examined by Mr . Hildyard—1 am a miil-owner , a * Stockpart . On the 11 th of August last , a mob , amounting to several thousands , and armed with stickp , approached the mill . 1 stood at the lodge door . The mob came up and demanded to be admitted , for the purpose of turning the hands ont . 1 refused to allow tbrm 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 upon the lodge gates , and broke the windows . They succeeded in forcing 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 several days . 1 es > caped ont of the yard , and met with similar treatment in the street .
By Mr . O'Connor—1 did not hear of any violence being offered to 3 ny other millowucr , in Stockport , or any attack upon any other mill . There was very little excitemeat in Stockport before that day . 1 believe there has been a great deal of an ^ ry discussion at Stockport , between the Chartists and those called " Corn Law Repealera . " 1 believe there are some millowners in Stockport , who have taken an active part in such discussions , but 1 don ' t know of mj otto knowledge that they belong to the aoti-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 . By Sir F . Pollock—Mine i 9 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 .
Mr . Joe Cooper examined by Mr . Wortley—1 am a cotton spinner , and live in the township of Chiswell , near Glossop . My father ia 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 mill , 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 34 th of Anguat . They came almost every day to see when we started , as they wished to begin again .
Daring the interval 1 attended a meeting at Glossop . 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 they were resolutions and addresses agreed to at Manchester . They w « re printed papers , like a plac&rd . Jame 3 Coe , no . & defendant , made a speech He said s © methin £ about the " three glorious days " in France , where , though all the streets flowed with blooi , property was resptcted , and he wanted it to be so in England . He 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 had 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 pnll tbo mill down . They shouted and flourished their sticks . My father began to reason with them , but they rushed past him , and he then ordered tbo engineman to stop the mill . Many of the hands had fled 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 Ji I want before
the magistrates . My father , my brother Joseph , John Howard , and my uncle , James Cooper , went vnth 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 ns about a mile stoning ns all the way . Before that John Howard , being much frightened , had left us . I and my father , brother , and uncle took refuge in the house of Mr . Howard , cotton spinner . My brother did not succeed in getting into the house . 1 saw him again that evening ; he was insensible . It was several weeks before he recovered from his wouads . By Mr . Dundas ^ I could hear very well what Coe said at the meeting at Glossop . Ho advised the people not to molest the speciai constables , as they must be sworn in .
By Mr . O'Connor—I don't remember tbe following 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 the people was , * Give us bread , and none of your gabble . ' They were led by forms in tvomen's guise , but of masculine energy , and called up in the Court of the Tuilleries for immediate food ; for that they were dying , and , dying , vtould not endure it . " J don ' t remember the following ; language being used by Coe , — You mast wait , " said Sir Robsrt , " till February ; you must wait till March ; you must wait till the dog-days of next summer , when , perhaps , yoa may have three Bnch days as you have had in Paris ; but we will have hundreds of thousands of troops to mow you down . " This I conceive to ba the policy of tbe party . I think that is trorse than Coe ' s languaee .
Mr . Thomas Rhodes , examined by Mi . Pollock—1 am a cotton manufacturer , and live at Giossop . My mill was at work on the 10 th of August . 1 remember a number of persons coming f o the mill on that day , in the direction from Stalybridge . The number was not very large—perhaps 200 . The miJl door was closed when the people came . When they arrived they demanded that the hands should be turned ont . 1 opened the doo ? and the mob rushed in . They were armed with large sticks . 1 told
them thera was to necessity to use violence , as we would stop without . Notwithstanding this , they rushed into the mill , and drove the hands forcibly ont . When they saw all the feands out , 1 Steard some of them say , &a ~ t if the hands attempted to resume work , they wonld make tfeem incapable of following their employment . After ihis there vjere several meetings in the . neighbourhood . 1 attended one at Wednesoff-green , on the 17 th of August . A man named Booth was there . 1 believ * 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 takenl&s proof of identity ? The Judge said he could tot at that Eoment say to 5 ? bat the examination might lead . It might be that Booth had done nothing hut what was perfectly legal ; or it might be otherwise . It was necessary , therefore , to know what was said at these meetings , in ^ arder that they might judge of their character .
Examination resumed—Booth had a piece of paper in hia hand ; and he told the people what expensive a thing monarchy was , and what a quantity of wine the queen drank . Ho also said that the working classes would never obtain justice from the magistrates , for the Bench wa 3 composed of men from the middle classes of society . They must hare men of their own stamp . He then referred to the church , and said if the Bishops got so much for working one day , how ojaoh did they ( the working classes ) deserve for ^ omng sixt ll -jras discussed whether they should
sto ^ . ww raUwayhaads , and 1 understood the meeting u" > o « eide that they BhoHld be stopped . On leaving the * fiwrand they went in the direction © f the railway . There were two reads to it , and they took the longest .- We began work again at our null on the 26 th of . Vognst . We had no difficulty in getting the hands to i > WBe , The major part had expressed a wish to return : to work any time we thought proper . On this dayy several hundred persons came to the mill , about twelve o ' clock . The first ^ s iL B * ^ . * ttot > surrounding the door . The cry r . MKd by the mob was
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" turn them out , " " we'll have them out . " We defended the door , and kept the mob off . There were two attacks . The first might continue for more than an hoar . They dispersed , threatening that they would send a large force . We continued at 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 fathcr ^ n-law ' s house . The military were there . I know the hand-writing of John Lewis . 1 have Been him write his 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 is no doubt that the one now produced ( the address of the Executive Committee ) is the same .
By Mr . Dandas—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 is a copy . By Mr . Atherton—Daring the last four years there has been a gradual reduction in the rate of wages . 1 don't kuow 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 snbiect 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 53 . a week more than in 1840 . Fairhust stated that the block printers were receiving 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-Gciieral—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 since . My writing is at the back of it , but it was only written yesterday . The address of the Executive Committe was here produced , and Little , constable of Hyde , stated that ho ordered one of his constables to pull down the placard from the walls of Hyde , between the IS : h and lflth of August , He delivered it to Mr . Hibbert , clerk to the Magistrates . The Attorney-General then put in the address , which was read by the Clerk of the Arraigns . The placard bore the imprint of" Chiles Turner , printer , Turner-street , Manchester . "
Mr . Geo . Nasymith , examined by Sir G . Lewin—1 am the owner of premises , at Wtricroft , in the township of Eccles , called Bridgewaler Foundry . On the morning of the 1 lth of August , I got up early , and saw a number of men going in the dircctiou 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 . 1 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 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 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 Patrieroft . On the tiight of the L 2 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 oloth was exhibited having an one side— " Peace , law , and order , " and on the other " Political equality . " 1 afterwards saw a number of the party enter the gates of a Mr . Tetley , a retired gentleman , near the canal .
By Mr . OConnor— Morrison has worked in my employ for six years . As far as his conduct in the works is conoerned , we had no complaint to make . Nathan Frjer , examined by Mr . Kildyard—I am foreman of the blacksmiths at the Bridgewater works , near Worsley . On the morning of the 11 th of August , a number of persons assembled at the wsrks . 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 theu 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 we might think ourselves well off , the distress would ultimately reach us . He said it was now our duty to sympathises with them , and ho added that if we did not turn out quietly , they
would bring a body of men to compel us . Eccles also addressed tbe meeting . He said they came like a clock , and gave warning before they struck . In consequence ot what passed , our men were ordered to cease working . The same afternoon I was at a meeting at 'Eccle ? . It struck me that the it . ob was the same . Tho meeting was addressed by M'Cmney , one of the defendants . I don ' t know who the chairman was . M'Cartney began by addressing them as fellow-slaves , " and said , " this is the beginning of the end : this in a struggle betwicn rampant capital and prostrate labour . " He iuformed them that at a meeting of delegates , buld 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 mwii be purciy political , and that aJl labour must Cr-ase unul the Charter bad become the law of the
lane : He mentioned many places , and said " above all , you have the men of Birmingham , who carried the Reform Iliil . " On Saturday morning , tho I 3 ih of August , 1 was at a meeting , at Ecclos . There waa an address read , purporting to be from Mr . Lock , one of the Duke of Brid ^ ewater ' 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 Air . M'Cartney—1 have stated briefly the sub-Btance of what you spoke at the meeting . You urged the people to persevere in their course 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 . Tbe presence of the men who had stopped our works was a sufficient indication of jhe character of tho 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 . You approved of the conduct of the meeting , and therefore 1 consider you were one of them . 1 did not Bf e you in Worsley that day . 1 do not kuow that gentlemen of property in the neighbourhood have ( supplied food to those who were on strike . 1 do not know of any attacks upon person or property in the places I have here alluded to , on the 11 th . 1 did not hear you urge the meeting to respect eren thu opinions of those who differed from them . If you did do so , 1 had left the meeting .
George Wroe , examined by Mr . Pollock—In the month of August last , I v ? as in the service of Mr . Greenwood , c ^ ach proprietor , of Eecles . I remember seeing M'Cartney , in the Bull ' s Head , in Eccle ? , on the 11 th of August . 1 remember his engaging a carriage of my master , to take him to Leigh . He started from Eccles about ten minutes past six in the evening . He said he must be at Lei ^ h a little before eight . The distance is aboiu 8 or S > mike . 1 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 Turner , examined by Mr . Wortloy—1 am a farmer , and live at Ashton-under-Lyne . On Tuesday morning , the 9 th of August , there was a meoting at Thacker ' a greund , at ^ shton . 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 they must aot resume their work , until they had go * thw wages
m 1840 . 1 know a man who goes by 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 tsvo or three factories . 1 saw one factory where they forced open the gate . 1 did no 4 see Lee after leaving Afihton . At Manchester a Magistrate met the people ; Mr . Maude was the gentteman . There was another gentleman with him . 1 saw the military in Stepheeson-fquare . 1 saw Mr . Maude speaking to themob . 1 never saw Lee in Maashester at all .
By Mr . Dandas—The reason 1 went to Manchester was this : —J had a lad who followed the mob in the morning , and 1 went after him to get hold of him lest he shoald gei into a scrape . I heard Mr . Maude advisa the people aot to stop any factories , but to go to the meeting ia Graaby-row-fields , where they would find everything " right , square , and comfortable "—( Laughter . ) The Magistrates escorted the people through the tows , and gave them every praise that ^ ould possibly be for being so peaceable . I saw no mob assembled ia front of the Exchange at Manchester . They all seemed in good humour , and 1 saw-now '/ 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-street , they divided into bodies . Women were mixed in the procession . Some of thez ? had small sticks . Mr . Maude , the stipendiary magist rate , met them ac the corner of Pollardstreet . Se spoke to them , bat I could aot hear
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what was said . They then went down Great Ancoats-street . I went to Mr . Murray ' s mill , and I found a mob of fifty persons there . They insisted upon the hands being turned out . About four o ' clock in the afternoon , I went down to the Cotton Twist Company ' s mill , and found the windows broken . The military were there , and they had twelve persons in custody . The hands had tamed oat , aud the mill was Btopped . I then saw the mob attack Mr . Barley's mill , and break the windows . The gates leading to the yard had been broken . I ehnnId think that 3 . 000 or 4 . 000 sauares of class
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 . 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 the 17 th of August . ( A copy of the Executive Address was put in . ) At tho time I went into the shop the placard was leaned against tho 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 tbe 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 aware that there was any breach of the peace in Manoha 6 ter on the
16 th of August . I never saw so many persons in Manchester . I believe that notices had been circulated 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 one : 1 can ' t say whefcer it was in consequence of persons in the country not having received their notices , that the influx of persons into the town , on tho 16 th , was eo 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 Leach was n 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 Boswickj examined by the Attorney-General—I am the chief superintendent of police in the borough of Manchester . On Wednesday morning , tho 10 th of August , the town of Manchester was in a very disturbed state . A few machine shops wore at work in the morning , but they wero stopped during the day . I saw large bodies of persons go and order the mill-owners to stop their worka , or they 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 processions have taken place for many years past ou tho 16 th of August . They have been vtry little attended for some time past . It has not bc . n customary for persons to assemble for six or 8 yen days beforehand , to be ready for the procession . 1 know 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 tho meeting in Granbyrow-fields , Christopher Doyle , one of the defendants , was in the chair . Several thousands were present . The 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 the meeting to disperse . After a parley of about ten minutes , the people began to walk away . On the 17 th 1 eaw a placard similar to that now produced ( address of tho Executive Committee ) extensively posted in Manchester . The first time I saw it was in the morning of the 17 th . That ; was tho day after the intended procession to Hunt ' s monument . 1 apprehended Turner ,, a printer . Mr . Ewart , in my presence , found a placard on the premises , which ho gavo to me , and 1 afterwards marked it . That now produced is the same . To the best of my belief , it is in the s . imc state ae 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 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 the street were reading it . I remember going to the Hall of Science , Manchester , on tho lGth of August . 1 found several hundred persons there . A majority called themselves dele gates . 1 knew Alexander Hutchinson . He is not a defendant . 1 could not identify any of them . The Magistrates informed them of tho excited state of the town , and gavo them ten minutes in which to disperse . At the lapse of that time they did disperse . 1 think M'Cartney was there , but 1 nan ' t swear to him . 1 cannot stale the number of military in the town .
By Mr . Dundas—Tho peoplem the Hall of Science dispersed quietly . There wero 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 . Tbe 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 procession would take place . By Mr . Baines— 1 a , ta not exactly clear about the day when 1 first kuetv of the warrant against Mr . O'Connor . Tba 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 tho warraut .
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 troublu of pressing the 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 tho burial ground attached to Mr . Scholefield's chapel . 1 remember an announcement being made that a large piocession would assemble to commemorate the event , at which Mr . O'Connor would be present . The prooestsiun 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 thaHn 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 the Queen , and that of the Magistrates , appeared , £ meeting fixed to be held on the premises ufthe Rev . J . Soholefield , was abandoned . Wo 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 : —
Tho following is the announcement of the processed : — " Hunt ' s Monument . —Men of : Manchester , Salford , and the ettrtounding towns aud 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 the 16 th of August , 1842 , when a grand procession will take place to celebrate the completion of the monument in memory of the late Henry Hunt , E » q . Those trades who resolve to join the procession are roquostod to meet tho members of the National
Charter Association , and other friends of Henry Hunt , Esq ., in Stevenson ' s-square , precisely at ten o ' clock ia 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 , there to meet , the patriot O'Connor . " ( 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 disturbances broke out in Manchester , and the Committee for conducting the procession issued the following notice : —¦ " The Committee fur the ereotion of Hunt ' s Monument , respectfully inform the public , that in consequence of the very unexpected excitement of the town of Manchester , and its vioinity , occasioned by the ' Turn-out for an advance of wages , ' they have decided that the pfLoceS 3 ION , as announced informer 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 meetipg will be held on the premises of the
Re ? . J . Scholefield , where the monument can be seen . The gates will be open at ten o ' clock , and the meeting will be addressed by Feargus O'Connor , Esq ., and other delegates at eleven o ' clock . " In the meantime , the disturbances havisg 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 the meeting on Mr . Sehotefield ' s premises ; alleging as a reason , that given in the preceding notification . By Mr . O'Connor—Mr . Leach iB a newsvender , I am cot aware it is a common practice when any printer exeoutes . a placard , to send th ? m to a news-
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vender . I dont know that I have seen placards at newsvender ' s doors of a more exciting character than this . ) The Attorney-Genera ! objected to this qaestion , which the 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 th of August . I have seen you there ; frequently . Those demonstrations wero perfectly ! well known to the authorities . 1 don t know that they were attended by any breach of the peace . Ij should say that the tranquillity of Manchester was restored in about a fortnight after the 9 lh of Aigust . 1 was confined in the Town Hall , in a great measure , for a month , and , therefore , 1 don't know so much about the town as others . 1
believe the dayB on which 1 received the worst reports were on the Wednesday , Thursday , and Friday , the ] 10 th , 11 th , and 12 th of August . By Mri . Leach . —1 am not aware that it is the custom in Manchester for bill stickers toa paste bills on the boards which stand at newsvenders 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 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 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 of the Northern Star , &nd that Feargus O'Connor , Esq of Denham Cottage , Hammersmith , was the sole
proprietor . . ,,,,,,., , In answer to a question by Mr . Wortley , Mr . Drako 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 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 hot expected that tho Attorney-General will finish his case before Tuesday * ' so that ; it is probable the trial will" occupy a great part , if not the whole of next week .
SATURDAY , FOURTH DAY . Mr . Baron Rolfe took his seat an the bench at nine o'clock . A person in the body of the Court stated to his Lordship that he had been subpaned on behalf of one of the defendants , but finding that be could not obtain his expences . j he wished to fenow whether be should ba compelled to remain or not ? Tne Judge replied tba * he had no jurisdiction in the matter . The witneas , therefore , must exercise his own discretion : as to whether he continued or not . The Foreman of the Jury asked permission for them to ro home by the train at five o ' clock in the even i ng , and return early on Mo day morning . The Jurors had Bustained much inconvenience , and they hoped his Lordship would accede to their application .
The Judge uaid that he was suffering under a severe cold , but ; he 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 . jand ultimately bis Lordship consented not to sit later than five o ' clock The Attorney General then put in a copy of the Northern Star of the 20 th of Aug . 18 i 2 , containing an article addressed to the Chartist public , and which was read by the Attorney-General in his opening speech . ; Tbia article having been read , the Learnt d Gentleman said that in older to prevent any misunderstanding he begged it to be distinctly understood that tbe document there alluded to waa the address of the " Executive Committee . "
Mr . O'Gonnor begged to call the attention of bus Lordsnip to the fact that the Attorney-General , 1 q his opening speech , told the Jury that the Northern Star , or anything contained In it , could only be evidence agaiDst him ( Mri O'Connor . ) If , therefore , the Attorney-General njeant the article which had just been read , to apply to tbe Executive Address , he must also admit that that only applied to him , and not to the rest of the defendants . The Judge—That may ba matter of observation to the Jury [ What I take the meaning of the Attorney-General to be is—that the person who wrote this article in the Northern Star , alluded to the placard , entitled the ' Address of tbe Executive Committee . " The Attorney-General—Just so , my Lord ; and , therefore , I made the observation in the outset , in ordt r that there might be no misunderstanding on the paint
His Lordship here announced that as there appeared to be no possibility of getting through the case for some days to come , he had communicated with the Lord Chancellor , and bad obtained a new commission for Weetitorefnnd , which would set him at liberty for the following week . James { JHindley , examined by Mr . Hildyard—I am a driver [ of a fly No . 10 , and live at Manchester . Early on the morning of tbe 16 th of August last , I was employed-by Mr . O'Connor to drive him to the residencd of i Mr . Scholefleid , one of the defendants , in Every-street I took him up at the Birmingham station , i By Mr . OConnor—I fcnow a man called ' Pope Joe . " I was not in company wilh Inspector M'MulliD , and two cabtuen , on Friday last . There was no conversation that we Bhoald all be of one mind as to what we were to say here .
Robert Bell examined by Mr . PoHock—I was employed by | the Manchester police on the 16 th of August last On the evening cf that day , I saw Mr . O'Connor go into Mr . Sehokfield ' s chapel . I was at tbe 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 again a ftw minuteB afterwards . In the afternoon 1 saw several other persons leaving—I should think about twenty . I recognized John Campbell , Christopher Doyle , and M'Citrtney , three of the defendants . ; 1 afterwards saw these three , in company with John Allison , go into the chapel again . On Thursday jmorning , the 18 th , I saw Mr . OConnor . I saw him Itavipg M r . Schulcfield ' s , in a cab , accompanied bjrjMr . bcholefield . 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 abeut nine o ' clock . Ou the 17 th , I saw the parties going into Mr . Scholefield's house at ope o ' clock . By Mr . O'Connor—The 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'Oennor and others . I saw Mr . . Soholefield ' s son putting up placards , announcing that there would be no meeting iu Mr . Scholefield ' a ground , as bad been previously determined upon . Thomas | Noblett examined by Mr . Wortley—I live at Manchester . My mother keeps a public-bouse in Whittle-street , called the Queen's Stores . I was at home on ( Tuesday , the 16 th of August I know
M'Douall . j Be came to our house about nine in tbe morning . My mother showed htm a room up stairs . Whilst he j was there , I saw 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 . I do not remember seeing Mr . O'Connor come into the house , but I was sent for a cab in the afternoon , and Mr . O'Connor and Dr . M'Douall , went away together . I 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 the bar . He did not sleep in the house . I know a man of the name of Turner , a printer , 1 saw him a . % his own house , on Tuesday night I was sent there by Dr . M'DonalL I was to ask if the placards were
printed . This would be a little after six o ' clock , soon after he came in . I took back an answer that the type was not ready . M'Douall did not tell me what placard he meant 11 know Christopher Doyle , he was ia the bar . He walked through , and went into the snug to M'Douall . ' I know Balrstow , one of the defendants . He came to our house about one o ' clock , and went into tbe 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—Onr house i * . a place of entertainment It is situate rather backwards , but it is near toa large market We do not supply any victuals . Any one that comes in may go into the snug . It is retired , and more comfortable than the ban By Mr . O'Connor—The boose is close to Oldhamstreet , but there is no business doing there . It is a greai thoroughfare . The house was as much open on this day as anyiother . No precaution waa taken . Many people went up stairs without asking for , any one . I should think you would be in the house from twenty
minutes to j half an hour . I know that as soon as you arrived , a large number of persons got in front of the bouse . I am not aware that you opened the window and told the people to disperse , and that if they did not do so , ypa would I k ow that you . left by the back of the premises , in order to avoid thejarpwd . By Christopher Doyle , a defendant—( aMbt of tbe bouse is in Olhdam-atreet It is nothiri {{!| PPStable to see you going into the bouse . You have often been in the babit of coming there to get a glass of ale . or Defendant—A social glass . Jaatso . ( LaughtJfp
By M'Cartney—Oldham-stieet is certainly famous for the exponiftj of radons articles , but not for sale . ( Laughter . ) j I mean that there is very little custom For a public house , I do not prefer Oidham-street . I admit that it ] -is a great thoroughfare . By James Leach—I have often seen yon in onr house c hree or four j times a week . I did not think there was anything remarkable in your coming in on the 16 th of August . Tab snag is 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 very quiet * £ &d honourable in your payments I can't
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say that your conversation referred to qnestiooiof morality and good behaviour . I did not hear what js said . Miss Agnew Mary Noblett , examined by Sir Gregn Lewin—I am Biater to the last witness : I kn > ij M'DonalL I remember seeing him in our house 54 Monday , the 15 th ot August He came alone . 5 » came again on the following" day . He asked my motley if he could have a room . She told him the room vy unsafe . She did not give any reason why . He tka asked to look at it When he bad done so , he saidfc was safe , and that he wanted it for about eighty persons . He remained . there . Other persons ca ^ shortly afterwards . I knew some of them . There ^ g Campbell , James Leach , M'Cartney , Christopher Doy » and Bairstow . I saw Mr . O'Connor there that day . At
that time tbe persons I have mentioned were there . Bj was cheered by the party who followed him . He wofc into the room where the gentlemen were . Wheab » had gone up stairs , my mother followed and said tttf the crowd must disperse . Some went down stairs , aaj told the crowd to go away . They did go . Those tig remained np stairs were Mr . O'Connor , Dr . M'DSmlL and others , whom I dont recollect Dr . M'Douall t ^ dressed the mob , and told them they must go awar Mr . O'Connor remained until a cab came for him . ± person of the name of Baron lives next door to us . Hi , O'Connor went by the back of onr house to Baroil On the 17 ih , Dr . M'Douall , Campbell , M'Cartney , « bj others , came again . They occupied the sung . Ttsj remained for about an hour and a half , and Went amj a few minutes before eleven . 7 r
By Sergeant Murphy—I have frequently heard Ifc O ' Connor ' s name mentioned . I dont . know that he h very popular with the people . The room was coni dered unsafe , the wall being cracked . ¦ ¦ By Mr . O'Connor—I should say that you were in % house rather more than half an honr . The peojfc were cheering outside . My mother requested that Ua mob might be dispersed . I believe you sent for i coach to go away . I did not hear you tell the m ^ to leave , or that you would leave Manchester altoa thcr . On the Wednesday evening Dr . M'Douall ai ^ Campbell were at our house between ten and elevet and they remained an hour and a-balf . I don't faro ?
the distance between our house and Every-street . James Caitledge examined by the Attorney-GfenerJ —I live at present in Manchester . I have lived the * for twenty years . Pa > t of the time I have worked a a factory , and part of the time I have been a school master . In the beginning of the month of August lasv I was a member of tbe Chartist body . There were i number of persons who called themselves the Bxecfr tive Committee . There was James Leach , of Mai > Chester , Jonathan Bairstow , John Campbell , Pete Murray M'Donall , and Morgan Williams . On Sm > day , the seventh of August , I attended a Chartls meeting at Oldham . It was held in a room , it ^ j a regular Chartist lecturer ' ^ meeting .
Mr . O Connor—I wish to remind your Lordship that this man is in the indictment The Attorney- General —I was not aware of the fact , and I am obliged to Hx O'Connor for having mentioned it I had directed j noli prose ^ ui . This form of proceeding was immediately adopted by the Attorney-General . The examination was about to be resamed , when , Mr . Dandas rose and expressed it as his opinion that the evidence of the witness was inadmissible . Hj remembered a case before Mr . Baron Bolland , in wbiti a question arose whether a person against whom aim had been found , could be received as a witness againji others accused of the same offence . He took tin 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 pariy as an acquittal .
The Attorney-General . —Nothing is more commoj than to apply to tbe Judge , at the sitting of the COtU % in order that the party may become a necessary witness The Judge—There is no sort of doubt about it . r Mr . Dundas—I merely mention the matter now ,-in order , as I said before , that we may not lose the advaa tage of the objection , if there should be anything in it The Attorney-General—As an objection has bka taken , in order to be regular , perhaps your Lordship will allow the witness to be re-swom . The Judge . —Certainly . The witness was re-sworn accordingly . The Judge—Then I have taken a note of tbe proceedings , that the defendants objected to the examination of tbe witness , on the ground that he is in the indictment , —that the Attorney-General entered a noli proseguif to discharge kim from the indictment , —the defendants still objecting .
Mr . Dundas—I may jast observe , my lord , that In the case of " The King against Petcival , " Leunfs Crim . Cases , voL 1 , p . 151 , the Judge , Mr . Baron Bolland , sent back the bill to the grant ? jury , to beamended , before be would admit an indicted party to be heard as s . witness . Sir G . Lewin—Bat in that case the Grand Jury had intimated their intention to throw out the Bill against the party . The Judge—1 think there is no analogy whatejeria th s case and that of " The King against Perrival /* In the latter , the question was -whether the bill was a good one , but here there is no dispute of Uiat kiad , Suppose A and B were indicted fox a misdemeanour , you don't mean to say that B might notie a witness * agsiinst A .
Tte Attorney-General—Certainly not , ay lord , and I belitve in p « int of law that although it is usual either to obtain an acquittal , or to enter a noli ' pTOXtiii , for the purpose of preventing tbe supposition that the witntss labours under any infirmity , it is perfectly competent for me to examine this witness -without either form-Mr . Dundas—I have looked into tha point rattitt more fnliy , my Lord , and I say that Cartiedge is not a Rood witness , inasmuch as he was put uponblBtrial from the first . He was on his trial up to the moment of going into that box . The rule of law , I believe , is 597 it
this . In " Russell ' s Crown . Cases . " vol . 20 , p . , te laid down that a party may be a witness , uromain ^ he be not put upon his trial at the same time as the Witt de / endants . Aud 1 beg to call your Lordship ' s attention to the case of " The King against Rowland and others , " for a conspiracy , in which it was held by Lord Chief Justice Abbott , that the counsel , in * fr opening , may enter a noli prosequi . But this is not the state of things here . The defendant , Cartiedge , is on his trial now , and jour Lordship did not know till the moment he was put into the box that ba stood hi any other position than that of a defendant .
Mr . Wortley—I beg to call your Lordship ' s attention to the last decision in these cases . In " PhUlipj on Evidence , " p . 67 , it is laid dewn that in cases Of misdemeanonr , a noli prosequi , entered before or after trial , enables the counsel to ^ cali a defen dant as a ffitnfifiS Sir G . Lewin—The same rule is laid down in " Starkie on Evidence . " I hava 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—lam very much ebligedtomy Learned Friends on the other side , for their anxiety to guard the prosecution against any objection . No dour if this person should afterwards be heW not to W * Rood witness , they will be entitled to a new trial ; Dut * think I am entitled to examine him . The Judge—I think you are .
Mr . OConnor—I submit , m * Lord , to the Att «^ General , having entered the noli prosequi , baa altewo the record , and the issue being a mitimus sent down , from the Court of Queen ' s Bench , by certioran . wa Judge is ohliged to send it back unaltered , tdeny , therefore , the right of the Attorney-General to mate any , the slight st , alteration in this record . The Attorney-General—My Lori , I will just read , * note , page 141 , of " Roscoe ' e Criminal Evidence , which I think removes all doubt in tbe matter . Ta ? note is this : — The evidence of a person who ' has De ? a an cwcompliee in the commission of a crime , with v ~ & others stand charged , is generally admitted eyiqsnps against them . If an accomplice be not admwwaj ; W : would hfe imnossihle to find evidence against thegrea *"
est offender . Even -where the accomplice hasheW joined in the same indictment , still he may be called as a witness , ifhebenotput on his trial . Therefore , tlie » does notseem to be any objection to the admission P " witness in such cases . " If appears , therefore , is * Lord , to be quite competent for me to apply iff jfrr Lordship to direct the Jury to " acquit the defendant ; « on behalf of tho crown , to enter a noli prosequi , &e , ™ £ placing him in the same situation as if he had been tried . . _ Mr . Atherton—The view which Mr . O'Connoi' M * taken , my Lord , appears to ine to be the c ° xie ^\* II I contend that the course proposed to be adopted py the Attorney-General can not be taken on . this recora * because this is not an indictment returned by the ( W * Jury , but a munnscript sent down here hymUM " ' ™ appears upon the record \ tself .
The Attorney-General . —I admit that tUl this occasion , I have never entered a noli prosequi on the rec ^ o . itself , but I maintain there is nothing , in point of «»» to render such a course irregular . ¦ The Judge—I will give my opinion very briefly * think , in the first place , that the Attorney- General 1 ma * enter a noli prosequi for the benefit of the snejecc . There can be no prosecution at the suit of the Cro ^ in which it ia not competent for him to do so . A ™ Attorney-General , therefore , may enter the noliprostmt and get rid of the defendant just as if he had nev » been prosecuted . What I would suggest , noW 6 ^ j 5 that instead of e : tering a . noli prosequi , yoa should . »*? an acquittal , which is at all times proper in Mtb &f * It may , indeed , be essential to the interests of the otnei defendants tnat this party should be acquitted . The Attorney-General—I will take yonr recommend ! tion , my Lord .
Mr . Dandas—I believe the rale is , that a co-so * spitatcr cannot be acquitted till the end of »" trial . wi The Judge—I hold that no co-defendant can be tea ™ on such a point ' ¦ \ ' Mr . O'Connor—The ground on which the AttorBW General consented to the acquittal of the defenflM " Wilde , was , that he had nothing against him . Wlj in the case of Cartiedge , he has something again *" him . ( Continued in our Seventh page . )
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{} THE NORTHERN STAR .
Ctartfgt 3emeuweutt
Ctartfgt 3 EmeUweutt
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Citation
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Northern Star (1837-1852), March 11, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct793/page/6/
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