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    LANCASTER ASSIZES . { Canth . uedjrom < mr third pcgcj afterwETdf , the mob re ' reat ^ d , v- d we reiumed to © or qcar-. rs . The mills ui-xt day resumed -work , and ii ] v . a 3 perfectl y qnie- Four persona died in eetscqreEce of the injuries they had received . By 3 Jr . O'Connor—Ai the time lhe military came np , Lhe constables -were laying iheir staves aboni the people . I can ' t say how long the firing continued £ ? * ! cr the people were motionless . It was deliberate and not rapid —« m > sht be fifteen fires a minute , but 1 can ' t say . I have no ; heard the 3 Utot blamed for his rash conduct in

    ordering the military u > fire upon the people ; bui 02 the contrary . I b 3 Te ht-ard his condnc : praised 15 ! nil quarter ? , under ibe cacumstancea , I admit thai I went siEf-Bi ; xhs people myself , and wished them to disperse , cut the military and ifce constables mre clo ? e ai hand . 1 dio not hear a rumour that h was tbr im-ec ? .-n of ibe Messrs . Hsinswurth , of Preston , to recvee ihrir wa ^ e ^ , nnnl after the meeting . ¦ 1 am quite positive of ths . t _ 1 was not ai the " firs ; wquen held upon the parties kified . 1 din" cot Fte tije bodies . I don ' t fcnow that two moa were w « nr . d' d m the back .

    By Sir y . pollr-ck—The town was not in a general faieof disturbance until after the arrival of Aittan s-cd Challrigcr . Some shfcht disturbance had taken place before . It beiiijj lK-w seven o ' clock , the Court adj ^ nrne ^ till the fclio'snng morning .

    FBiDAY—THIRD DAT . In cojisiqa-nce of M Baron Roife having arranged this m ^ raibg to ai > p . > 5 * cf 3 charte t > f znurOrr araia .-t a yoscs vtcaan cm ^ Alice Greenwood , of Biavkcuin , ri ' sjrd to cave bt ^ n coaimuUsd by her . in thr month of JJacusry last , upon iise bo < sy cl her illegitimate male child , the resumption of tha evidence in tbf prosecution of the Ciiartista , d-d iiot take place till nearly iwJts o ' clock .

    The verdict m ths case of murder was 2 * ot Gaury . Th- Learned Judgt took biB test in tiie Nisi Prius Cmtri at fsrtJve o ' clccfe , "s-rfien tie Jury , in tue case of " The Qaeea avainsi Iftargus © Connor and otters , " ¦ was tailed orei . Brfore the evidence Tras resumed , The' AttcrDij-GraeKil stated to bis Lordship , that having carefully looked r-vtr the depositions as tff ^ ctxd » John Wiia , oce of the defendants , who cross-txaxnined tlis TFitns = a . Buckley on the pluvious day , be lad tome to the conclusion , in concurrence with his Learned Friends , not to vaVr any fu ' rcher evidtnee trains ! WO : ! A verdiet of Arquj * tal was accordingly taken * The ssrae conr « s was adopted with regard to Thomas Pitt , another ef the tief--nasals .

    The Attorney-General made an application to the Conn ¦ with rtfcitree "the attendance of the Bcv . J-i ' . n Taylor , Incnmbent of Dcckinfiald , -who "wished to * . ff * r « Tidence ts 10 tht eLarsrter of John Crossley . dec of the defeisdasvs . It "would jbe inconvenient foi the Rev . Gentleman to be detained in Lancaster otbt Sunday , and the lr = &m = rd G . nUesjsn . accordingly proposed ifi * t the evidence of Mr . Taylor fihonld then be taken . The Rev . GtEtlvman M ? as iWnrc , and he save a very faTonraWs opinion of the character of Grcssley , as a peaceable and orderly man .

    Mr . Joseph Hibbert , deik to the Magistrates at Hyde , examined by the Attorney-General—I remember the di * turhaBces at Hyde , in An just Jast . There is a l ^ k-iip tLere , bnt it -wss not safs to confine the parties in it , chained with rioting , li -was the duty of Air . Little , Special H gh C . eatable of Hyde , to make daily it-ports to the M ^ Tsirstes , as to tht- state of the town . The book now prodacs ;! . is the One which has been used for that purpf . se . J have frequently seen LUt ! e use it . By Air . O'Connor—1 consider Mr . Little as competent as authority na any ctber f . r ths dipebanje of the dnry . 1 am cleri to the ila ^ ir . ratts , and 1 nsTer beard that in the month of A-mrasi lss \ , s Eumber of the mi ]] - cwnaK ga" ? e rofice to thfcir hands to leave "work . The Attoraey-G-oienl objected to a witness being tsi&d as to irba * b" bad heard . Tiiere ironld be no * fid to Hie case if scch lailrcde ¦»«« allowed .

    In reply to a farrier qn = stion by Mr . O'Conisor , the witness said thai the diirnTbaxicea in Hyde endeu about the 20 th of AnfUit . By KIchard Otk-y . dtfen 53 R*—I did not hear of any paticalar distress in Hjds during the month of August list year . jit . John Brook -cxTniineiJ by the Attorney-General—I am booti : e < per ^ td inscager to J ' r . Pratt , cotton EpiBTici , of Staly ^ r ifige . On Mon iay , tbt Sdi August , I r-rnember a eo 1 ) c * nm > 3 to lhe mill , a littJe before nine o ' clock in tie mornine . 1 can't leil the number ,

    hut the street ? p * 3 toll 1 should think there were thousands , 3 was in lib nr 3 ] -yard , and having had an intimation that the mob was there , I . along with the overlooker , get outside , just btf jre they came , np . I askM the people srbat thty "sranted ? They said they "vrmled the tinds oaL I askrd what for ? -Oar iands are paflsSed -with tcslr wa ^ ts , and do not want to corns wiL " Tpey replied . — •¦ We will have them out : they must go ^ witfc us to get our lights" I said , — ** If -our bands coise wit . tbty 'will not go "with you ; we shall start the engine tt-morrow moraing , and tbey win come in acini . **

    Mr . 3 > zsds 3 obj ~« - * A to ztua evidecica , inasmuch as , hfi nn-ierstood Ir ^ m the Atio .-aey-Q-euenil , thai the ! witness ciald not prc-ce that say of the defesdants had bad anything to do with tbs these trmtactioM . The Attorney-Genera . ! said that h& bad certainly ' made that admission , but he did not intend it to affect , hi- Tight to fi-ir the tvidence . \ The Judgt—Proceed . [ Examination resumed—The people replied " Neilher , your mill -aoi any mill shall -work again , until we get ; onr righli . " 3 « iid *• Jt is fery srrong in you to force ] persons ag ^ usi thtir 55111 , for our hands are gfcttiiig J mcra wages than thry were twenty-five years ago The mob said it "was a lie , and they jostlvd me about , to j force ma to open the door . They said that if the doors j were not opencil , and the hands turned out . thf-y ¦ would j

    break the "srinQo-B-s . Tht fcwge doora were opened from I inside , and tie mob rusted into the yard . They sent a ] deputation into each rcon : of the mill , to ascertain that : an the b 2 BcLs -were turned out- They tflen . left the pre- j zslses . Oar -srefefeSy peopja we TeceiviDg m ^ re wages than they trere twectj-Sve years a § o . The spinners are paid by the quantity cl wori they do . Tbf-re has been tio alttraUon for some 5 ftajs tscept & trifling ndvasce . 3 i- > August last , those wbo worked by piece suffered a reduction of ten per coat . A s < pinner will earn from 22 s . to 36 s . 3 WEeK The smonnt varies according to the quality of tke irr , r ^ wid the qaantity of machinery employed . The 2 Terag « is 20 s . 3 "week . I do not know that any spinner in our niill Tan ^ Lrnina less thsn 22 a . in August last- If there "were any , they would not be producing the prcpsr quantity of work . Ms . Platt does not employ any -weavers .

    By Mr- It an ^ as—i not kneTr that the men Mr Bailey ' s mill , -spfe'ch ia about three hundred yards from our's . were , in the is-jnth of August last , under notice of » reduction of " - " ^ lges amounsing to twenty-five per cent 2 £ t . Bailey ' s mill - » as closed in the month of August 3 « aa ' t say positiv-ly "whetter it was ttepped for a month or i « ct , but I thisJr that wonld be about the time- Wht-n the psopla came to Mr . Plait ' mill , they ^ id not do sij I ' su ^ gt tot he property . 1 $ j Mr . O'CfHser—We have about three hundred hsnds , and «« p ^ y about £ per -week . We have fcisfhi pi « -cers to s *¦ aoa ^) e derked mule . " We have five of these , aEfi three of them require eight piecers to attend tb = in , and two of them seven- W « s have twenty-seven pair tf sinels decked mnles , atd funr

    pitcera to each . \\ e have thirty-five spinners . It was only the thirty-five spinners that reccivtd from 223 . to 36 s . To ease this rate , the spinners wort upon a angle decfa-d majp , trhich requires four piecera each . A man working a full srefk aims at £% 6 s . for the fort night . From this there ia a deduction of ten per cent ., and gaslight , 2 a . a week ., reeucing itio £ 5 Sj . 64 . A man working at a double decked mule , will aim at £ 13 % fortnight . From this there is a deduction of 20 per ceirt The £ 310 of which 3 have spoken as paying to the men , is paid every fortnight For a doubledscked mule , tiere is a deduction of 3 s . 3 wetk for gas . There axe ns > £ ne 3 accept for spoiled "work . 1 cant ay wliat is the largest an » i > ni ? t of dedaetioEs that lias been made at any ons lime . Tit amount paid to the

    men weekly is about . £ 155 . Oat of that thirty-five of the spinners earn from 22 s . to 36 s . a wrek . This would lesve an acerage of 7 s . 6 d . a ireck / or ( he rtmainitig 26 a hand * . I am not airare ihat the spinners make any deductions from the wajes of ? he piectra . It was represented that the dieueas cf the working people in Hyde , in August last , -was very great 3 also heard that committees ol the Bhtpk ^ rpsra were appointed in consequence , l do not > now of my own knowledge that several of the m ; iU -roers gavr notice that the hands should not h * ve any more troii ndess they would » nbmit to a considerable reduction of wages . When the mob cameto our nan , they pashed against the deors , 5 ? ^^ T * ^^ -open . My master ordered ttemtobeopeneuf ^ iafeaT . Htis nothedrf tThe

    ByJames L ^ h ^ aan- description of the workmen to which we paid the same wages Ss we did 25 yean ago are a , follows : _ We had atttiat ta 3 carter 17 s . a week ; 3 itnpper and grinder 1 at 12 * . and another at lls ; 1 frame Vaterer g » 6 d . ' " We have HOW 1 carder at 19 s ; 2 esdas ^ cb 27 S ; i grfnder 13 »; 5 grinders each Us ; EtrippeiBnow on pkeewo * make from 13 s to 17 s ; first class frame tentera , io 8 . second class . 9 % ; teird class Sj 6 d- lam noi aware of the number of hands in the mill twenty-five years ago . I was not in the concern at that time . 1 took the wages 3 have stated from the books . I was . in the concern 20 years ago , but only as a warehouseman . 3 fiont think there are the same number of . hands -making the same amount of work because "we bare altered the principle of lhe machinery ! We are spinning 80 ' s and 160 * now . I dont know What we paii per pound ; twenty-five years since . I to

    began ^ pay wages seven years ago . l can't remember tiie rate we paid at the time . I d « n * t know that spinsea in S » lybri « ire are only earning 12 ? . a week . Twenty years ago men were spinning on 300 spindles ; ten years ago , on 1800 j now we havB as * h as 1648 . I dont remember bow many spinners we " * twentj years ago . 1 ihink we have t 2 jirty-fiTB now The Judge—1 can ' t understand the meaiuEg ol jonr examination .

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    Defendant—My objeci is to show , my Lord , that th > y a . re not paying anything like the amount of ¦ syages jiow that vraa paid two years ago . Witness—1 say that we paj as much in the gio ? s amount , and I will maintain it . Some of the hands in out mill live in honseB belonging to the firm , and other ? do not . It is expected that they will do so , bat nothing particnlar follows if the expectation h not complied with . We have several houses to let now . The rents vary from three shillings and fourpence to about four shillings weekly . The rents are stopped when the wapes are paid , but not in all cases . When the men returned to work after the turn-out , we did not stop the rent for the week . There are some hands in our will earning from seven to eight shilliag 8 per "wetk , bm I don't krow that

    ary of them live in these houseB . I am not aware that we have a single hand earBing only seven shilling * a-week , from whom we stop as much as three and four-pence a-week for rent . I can ' t swear it , but 1 don ' t believe it . My business is to attend to our own mill . I know there have been complaints by the operatives 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 them ever since 1 " 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 Stalybririge . The Attorney General said be must really object to this style of » xamination . He wished to be as forbearing as possible , but what they heard had no relevance whatever to the record .

    The Jadge tfid not see the relevance of the examination at all . He understood both the witness and th <> defendant to be correct in their views . The witness had stated that a man of ordinary skill and industry , working a full week , wonld receive more money than he did twenty-five years ago ; the detetdani , on the other hand , maintained that the man gave a larger produce for the amount , and that therefore , in pomt ot fact , he got Ie 33 . Witness—That is what 1 infant , of course taking into amount the alterations of machinery between this period and twenty-five yeaTs ago . The IX-feadant was proceeding with hi ? examination , bat his Lordship interposed , and Mr . Leach consequently sat down .

    Mr John Bradshaw , examined by Mr . Hildyard—1 am a mill-owner , at Stocipert . On the 11 th of August last , & mob , amounting to several thousands , and armed with sticks , approached the mill 1 ttood at the lodge door . The mob came up and demanded to be admitted , for the purpose of ruming the bands ont . 1 refused to allow them 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 thb door . Th « y made an attack upon the lodge gates , and broke the windows . They succeeded in forcwg aa entrance inio the mill yard . Very considerable violence was offered to me . 1 wjs surrounded by the mob , and so severely beaten with sticks , as te confine me to bed for several days , l escaped out of the yard , and met with similar treatment in the street .

    By Mr . O'Connor—1 did bo ! hesy of any violence bfiiig offrred to any other rnillowcer , in Stockpori , or any auaek upon any other mill . There was very little excitement in Stockport bs-fore that day . 1 believe there has been a great deal of angry discussion at Stoekport , between the Chartists and those called " Corn Law Repealers . " 1 believe there are some millowners in Siockport , who have taken an active part in such discnssions , but 1 don't know of inv own knowledge thai they belong to the anti-Corn Law League . 1 once attended a meeting of this de-cription , two years ago , and 1 have not attended any since . 1 am not a member of tbe anti-Corn Law League . Bv Sir F . Pollock—iline is the onJy mill in Stockport at which resistance was offered to the mob . After that resistance , 1 am not aware that any other mills in Stockport were attacked .

    M *\ Joe Cooper examined by Mr . Wortley—1 am a cotton spinner , and live in the township of Chi 3-w ^} L , near Glossop . ily father 13 the owner of a mill , and 1 and my brother assist at it . Ou the 11 th of August a mob of about 150 persons came to tbe mill . They said if we did not turn the hands out they would rake the fire out . We then stopped the wcrking . The hands left lhe mill , and went in various directions . When they turned out , the mob w *? nt away . Some of the hands returned , but we said we did not tva ;> t them , as the mob had said that if we smarted they would stop us again . At the request of the hands we resumed operations on the 24 th of August . They came almost every day to see when we started , aa they wished to begin again .

    Durirg the interval 1 attended a meeting at Glossop . Several hundred persons were there 1 kuow John Lpwis , one of the defendants . He was at tho meeting , and made a speech . He said he had attended SfcVtx . il meetings of the delegates at Manchester . He read a number of papers , and 1 understood that they -were resolutions and addresses agrred to at Manchester . They were printed papers , like a placard . James Coe , no ; a defendant , made a speech . He paid s ^ mrthing about tho " three glorious da } a " in France , wh ? re , thongh all the streets flowed with b ooj , property was respected , and he wanted ii to be so in England . He advised tbe meeting to be peaceable . On the 21 h , the day after the laettiug , s > mob of 300 or 400 came to tbe milL 1 saw anioii /; them several of the same m « n who had attended the m- ^ euEg 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 puu the mill down . Thty shouted and flourished their sticks . My father began to reason wnh them , but they rushed past him , and he then ordered the engintman to s : op the mill . Many of the hands had fl .-d for fear of being injured . Two of the mob went into the mill and made a search . Some men were taken np for these transactions . On the 29 ih I went before ihe magistrates . My father , my brother Joseph , John Howard , and my uncle , James Cooper , went with me . As w « were leaving to go borne , the mob got between us and the inn . Taey began to stone us , and we ran . They followed us about a mile stoning us all ike way . Before that John Howard , being much frightened , had left n « . I and my father , biother , and uncle took refnge 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 SLVtral weeks before he recovered from his wounds .

    By Mr . Dundas—I could hear very well what Coe said at the meeting at Glossop . 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 following words by Coe : — He had read the pages of history , and had looked at the bloody scenes that had ocrnrrtd at the c'ose of the last century uoon the soil of France . He saw that at that time the first cry of the people was , * Give us bread , and none of your gabble . ' They were led by forms in women ' s guise , but of masculine

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

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

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

    Mr . Atbenon here took the opinion of his Lordship , whether the simple fact of the surname of two parties being the same was to be taken as proof of identity ! The Judge said he could not at that moment say to what the examination might lead . It might be that Booth had done nothing but what was perfectly legal ; or it might he 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 m his hand ; and he told the people what expensive a thing monarchy was , and what a quantity of wine the queen drank , fie also said that the working classes would never obtain justice from the magistrates , for the Bench was composed of men from the middle classes of society . They 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 mueh did they ( the working classes ) deserve for working six ! It was discussed whether they should

    stop the railway hands , and 1 understood the meeting to decide that they should be Btopped . On leaving the ground they went in th © direction of the railway . There were two roads to it , and they took the longest . We began work again at our mill on the 25 th of August . We had no difficulty in getting the hands to come . The major part had expressed a wish to return to work any time we thought proper . On this day , several hundred persons came to the mill , about twelve o'clock . The fir » t thing 1 saw was a mob surrounding the ^ oor . The cry raised by the raob 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 hour . They dispersed , threatening that they would send a large force . We continued at work rill 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 father-in-law ' s house . The military were there . I know the hand-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 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 Baaae .

    By Mr . Dundas—The plaoard was given to the chairmaBj but he did not appear to be able to read it , and it was given to another to read . I have uo doubt ibis is a copy . B 7 Mr . Atherton—During the last four years there has been a gradual reduction in the rate of wages . I don't know that the workpeople in tho month of August 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 tho 11 th , 12 h . and 13-h of August , I heard Robert Wild , Samuel Lees . John Fairhurst , and Gibson speak . At the meeting I attended , it was not wade a wage question . Robt . Wild said he was receiving 5 * . a week more than in 1840 . Fairhust stated ihat the block printers were rectivine the same as they had done for eleven years . The meeting of the 11 th and 12 th unanimously resohed that it should not be made a wage question ; that it was tho Charter they wanted . Tnat motion was put repeatedly . We opened the doors of the mill on the 26 th , and the men came back .

    Mr . Hibbert recalled and examined by tbe Attorney General—1 produce a placard delivered to me by Littlo . constable of Hyde . It was given to me about the middle of August , but I cau ' t fix the day . It has never been out of my possession since . My writing ifi 1 at the back of it , but it was only written yesterday . The address of tho Executive Committe was hern produced , and Lit *? , constable of Hydo , stated that ho ordered one of bis constables to pull down the placard from the walla of Hyde , between the-15 th and 19 th of Augnst , He delivered it to Mr . Hibbert , clerk to the Magistrates . The Attorney-General then put in the address , which was read by the CJerk of the Arraigns . Tho placard bore the imprint of " Chales Turner , printer , Turner-street , Manchester . "

    Mr . Geo . Nasymuh , examined by Sir G . Lewin—1 am the owner of premises , at i * atricroft , in the township of Ecclcs , cailed Bridgewater Foundry . On the morning ot the 1 hh of August , I got up early , and saw a number 01 men going in the direction of Ecclea . 1 went there , and found a meeting collected . I knew the president , David Morrison , one of the defendants . He spoke a few words , and introduced a man named Bel ) , who addressed the meeting 1 was so far off , that 1 could not hear what was said . Morrison bubinitled a proposition that a deputation should go to the various mills , and order the hands to turn out . This was sot agreed to .

    Another was proposed , that the whole meeting should go , and it was adopted . Within a day or two 1 saw Morrison parsing my house , accompauied by a procession . Several 0 ! them had sticks of no great size . They were walking fi ^ ur or five abreast , and going in the direction ot 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 pit ce of white cloth was exhibited having an one sio \— "Peace , law , and order , " and on the other " Political equality . " 1 afterwards saw a number of the party enter the gates of a Jlr Teriey , a retire-i gentleman , near the canal .

    By Mr . 0 Connor—Morrison has worked in my employ for six years . As far as his conduct in the works is concerned , we had no complaint to make . Nathan Fryer , examined by Mr . Hildyard—I am foreman ol the blacksmiths at the Bridge water works , near Worsley . On the morning of the 11 th of August , a number of persons at-sembled at the works . Morrison was there , and spoke to tho inspector . Mr . Smith and Mr . Pearson are the managers of tho works The latter bad a communication wi ; h the mob , aud he then ordered them off , and paid ho would Vend the mm brlouging to the works 10 them . I went to hear what happened . Morrison spoke , and alluded to the distress that was existing , and g-did Urn although we might think ourselves well

    tiff , the distriss 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 quieUy , they would bring a body of men to compel us . Ecclus also addressed the meeting . U ¦ said they came like a clock , and gave warning before they eiruck . In consiqutnce ol what pas .-ed , our mtn wore ordered to cease working . The same afternoon 1 was at a mfeting at Eceles . It struck me that the i .. ob was tho Siine . Tho meeting was addressed by M'Cortney , one of the defuidanta . I don ' t know who the ch&ijura )) was . M'Cannuy bvgan by addres > ing them as fellow-slaves , " and 6 aid , " this is the beginning of the end : this is a stru ^ ul ' betwfcn rampant capital and prostrate labour . " Hu informed them that at a mealing of delegates ,

    held at Manchester , it was determined that they would not identify themselves wuh any olasa that were turned out for an advance of wagti . The Cr . artcr was referred to , and he said the struggle must bo purely poiiiicaJ , and that all labour mubt ciase until the Charter had b > coine the law of the land . He mentioned many places , and said " above all , you have the men of Birmingham , who carrind the Reform Bill . " On Saturday morning , the 13 h of August , 1 was at a meeting , at Eceles . There was an address read , purporting to be from Mr . Lock , one of tho Dake of Bridtewater ' 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 cosrse and ultimately they would be successful . 1 am quite positive that you aro the man . 1 did not hear you recommend the people to abstain from everything that might tend to destroy a single blade of grass . 1 could not consider the mating a peaceable one , after what 1 had seen . The presence of the men who had stopped cur works was a sufficient indicatiou of the character of the meeting . 1 observed a gentleman on horseback outside of tho meeting ; he was

    not a magistrate-. 1 did not see a Magistrate nresent while you were addressing the meeting . You approved oi tho conduct of the meeting , and therefore J consider you were one of them . 1 dio not see you in Worsley that day . 1 do not know 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 1 have here alluded to , on the 11 th . 1 did not hear you urgo the meeting to respect even the opinions of thosa who differed from them . If you did do so , 1 had lou the meeting .

    George Wroe , examined by Mr . Pollock—In the month of August last , I was in the service of Mr . Greenwood , coach proprietor , of Eccles . I remember seeing M'Carmey , in the Bull's Head , in Eccles , on the 11 th of August . I remember his engaging a carriage of my master , to take him to Leigh . Ho started from Eccles about ten minutes past six ih the evening . He said he must be at Leigh a little before eight . The distinct is about 8 or 9 miles . 1 drove him to Leigh . In half an hoar afterwards I w&a coming home , and I saw him about to address a meeting . I didn ' t hear what he said .

    Samuel Turner , examined by Mr . Wortley—1 am a farmer , and live at Ashton-under-Lyne . On Tuesday morning , the , -9 b of August , there was a meeting at Thacker ' s ground , at Abhton , It was appointed to commence at six o ' clock . 1 know Pilling , one of the defendants . He spoke , and said he wished to go along with the body to meet the masters , at the Exchange , at Manchester , as the masters would not come to meet them . He argued for a fair day ' s wage for a fair day ' s labour , and said th < y must sot resume their work , until they had got tbe wages

    of 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 algo . We passed through Holt Town , and they stopped two or three factories . 1 saw one factory whore they forced open tbe gate . 1 did not see Lee after leaving Ashton . At Manchester a Magistrate met the people ; Mr . Maude was the gentleman . There was another gentleman with him . 1 saw the military in Stephenson-squaTe . 1 faw Mr . Maude speaking to the mob . 1 never saw Lee in Manchester at all .

    By Mr . . Dundas—Tho reason 1 went to Manchester was this : —1 had & 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-fiolds , where they would find everything " right , square , and comfortable "—( Laughter . ) Tho Magistrates escorted the people through the town , and gave them every praise that could : possibly be , for being so peaceable . 1 1 saw no mob assembled in front of tho Exchange at Manchester . They all seemed in good humour , and 1 saw nouft to fait about . —( The witness retired amidst much laughter . )

    Archibald Mc . Mulhn , 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-s ' . reet , they divided into bodies . Women were mixed in the procession . Some of them had small sticks . Mr . Maude , tho stipendiary magistrate , met them at the corner of Pollardstreet . Hs spoke to them , but I could not heft

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    what was said . They then went down Great AncoiatB-treet . I went to Mr . Murvay ' s mil ! , and I found a mob of fifty persons there . Taty insisted upon the hands being turned out . About four o ' clock in thfafteraodr , I went dowii to the Cotton Twist Company ' s mill , aud found tho windows broken . The military were there , and they had twelve persons in custody . The hands had turned out , and the mill was stopped . I then saw the mob attack Mr . Burley ' s mill , aad break the windows . The gates leading to the yard had been brokon . I should think that 3 , 000 or 4 , 000 equates of glass were broken , and the window frames were forced out . From Burley's they proceeded to Mtssrs . Stirling and Beckton ' s . I found

    the squares broken . The town continued m a state of disturbance for several days . Tho shops were shut up , and the mills were standing . I know a man named James Leach . He keeps a small book shop . I 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 tho 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 havo 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 tho proce .-sion should not take place . I um not aware that it was in contemplation to have a

    mreti ) ig in a private piece ot ground belonging to Mr . SchoJefield . I do not know of my own knowledge that Mr . Soholefield gave notice that he would not have a meeting there . I am not aware that there was any breach of the peace in Manchaster on the 16 ih of August . I never saw so many persons in Manchester . I believe that notices had b en cironlated throughout the whole country for some weeks , to have a procession on the 16 th of August , to open Hunt ' s Monument . The notice , abandoning the procession , was a short ono : 1 can ' t say whetor it was in consequence of persons in the country rot having received their notices , that the influx of persons into the town , on the ] 6 uh , was bo large . Tranquillity was not restored for five or six day ? . 1 passed the house of Leach several times in the afternoon , but 1 did not go in to ascertain whether ho was in or not 1 apprehended him at eleven o'clock at night . 1 don ' t know how long before that hour Leaoh was in his house .

    By Sir F . Pollock—Tho state of the town was extremely alurming . Business was quite suspended , the shops wore shut up , and the military and special constables were parading in all directions . Mr . Richard Beswiok , examined by the Attorney-General—I am the chief superintendent ol police in the borough of Manchester . On Wednesday morning , the 10 th of August , the town of Manchester was in a very disturbed state . A few niachino shops wero at work iu tho morniDg , but they were stopped during the day . I saw large bodies of persons go and order the mill-owners to Stop their works , or they would break the windows . Some parts of thn 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 maiiy years past oh tho 16 th of August . They have been very little attended for some time past . It has not bevn customary for persons to assemble for six or s veu days beforehand , to be ready for the procession . 1 know instances in which bodies of persons won : to the shopkeeper ? , and demanded bread . In some cases it was refused , and in others , it was thrown out to them . 1 remember the meeting in Granbyrow-ficldB . Christopher Doyle , one of tho defendants , was in the chair . Several thousands were present . Tho Mayor spoke to Doyle , aud tho meeting generally , tolling them that iho town was in a most excited state , and that he could not

    allow tho mooting to continue any longer . 1 believo Doyle wished the meeting to disperse . After a parl * y of about ten mioates , tho people be ^ an to walk away . On the 17 th 1 eaw a placard simiiar to that now produced ( address of the Executive Committee ) extensively pasted in Manchester . The first time 1 saw it was in the morning of the 17 th . That wa 9 the 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 he gave to me , and 1 afterwards marked it . That now produced is the same . To the best of n > y belief , it is in tho ssme state as 1 found it . The corrections are in ink . 1 don ' t know the hand writing . I . seized a printing press belonging to Turner . Leach was taken on ihe 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 persona in tho street were rfaditig . t I r . member going to tho Hall of Science , Manchester , on tho 10 ' th of August . 1 found Beverul hundred persons there . A majority called themselves dele gates . 1 knew Alexander Hutchison . Ho is not a defendant . 1 could not identifying of them . Tho Magistrates informed them of the excited state of the town , and gave them ten minutes in which to di-sptrso . ¦ ' % the lapse of that time they did disperse . 1 think M'Ca . rtney was there , but 1 can ' t swear 0 him . 1 cannot sia . o the n-mbcr of military in the town .

    By Mr . Dundas— The pcoplein the Hall of Science dispersed quietly . There were a great number outaide . 1 havo 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 noriced a procession , 1 think 2 , 000 persons would bo present . These processions were always knawn to the authorities . 1 knew on the \ o : \\ of August last , that no procession would tako place . 'By Mr . Jlaines—1 am not exactly clear about the day when I first kuew of the warrant against Mr . O Connor . The Attorney General—My Lord , 1 will just say that . 1 should like to Fee this warrant produced . 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— I 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 Leanifd Friend the trouble of pressing the questiou . By Mr . Bainca—1 am aware that early in the spring of last year tho foundation atone or' a monument to the memory of the late Mr . Henry Hunt was laid in tho burial ground attached to Mr . Scholefield'e chapel . 1 remember an announcement being made that a large procession would assemble to commemorate the event , at which

    Mr . O'Connor would ba present , lho procession did tako place , and a tea-party was held afterwards . 1 believe it was understood lha ? the monument should bo completed by the last annivorsary , on tho 16 th of Au ^ u ^ t ; when another procession was to take place . 1 believe a placard was posted in the town , stating that in consequence of the excitement in the town , the procession would not tako place . It did not take place 1 understood from some ot the other constables that after tho proclamation of the Queen , and that of the Magistrates , appeared , <• meeting fixed to be held on lho premises of the Rev . J . Scholefield , was abandoned .

    We subjoin the substance of each of these placards read by Mr . Baiiies , which are highly important to th « 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 , la conformity with tho announcement of the committee in the placards recently issued , wo hereby give instructiona to be observed on ihf 16 ch of August , 1842 , when a grand processiou will take place to celebrate the completion of the monument in memory of the late Henry Hunt , E > q . Those tradeB who resolve to join the procession are requested to meet the members of the National

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

    In the mean time , the disturbances broke out in Manchester , and the Committee for conducting the procession issued the following notice : — •' The Committee for the erection of Hunt ' s Monument , respectfully inform the public , that in consequence of the very unexpected excitement of the town of Manchester , and its vioinity , occasioned by the ' Turn out for an advance of waobs , ' they have decided that the phocession , 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 exoitemeut , the odium and consequences of which have been attempted to be fixed on the Chartist body . The meeting will be held on the premises ot the Rev . J . Soholefield , where the monument can be seen . The gates will be open at ten o ' clock , aad the meeting will be addressed by Feargus O'Connor , Esq ., and other delegates at eleven o ' clock . "

    In the meantime , the disturbances having assumed a more formidable appearance , and two proclamations having made their appearance , one by the government , in the name of the Queen , and the other by the Magistrates of Manchester , the committee issued another placard , prohibiting the meeting on Mr . Scholefield ' s premises ; alleging as a reason , that given in the preceding notification . By Mr . O'Connor ~ Mr . Leach is a newsvender , I am not aware it is a common practice when any printer executes a placard , to Bend thm to a news-

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    vender . I dontt know that I have seen placards at newsvender ' s doorB of a more exciting caaracter than this . ] , The Attorney-General 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 * , h of August . 1 have seen you there frequently . Those demonstrations wero perfectly well known to the authorities , -ldont 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 ih of August . ' 1 was confined 111 the Town Hall , in a great measure , for a month , and , therefore , 1 don ' t know ' so much about tho town as others . 1 believe the days on which 1 received the worst re » or < s , were onfthe Wednesday , Thursday , aud tndavthe 10 thJ 1 Lthand 12 th of August . _

    . , By Mr Leaoh . —1 am not aware that it is the custom in Manchester for bill stickers to paste bills on the boards which stand at newtvenders doors . 1 bVlieve you were not at home on the day on which 1 saw tbe placarjd in your shop . You were certainly uot in the shop ; for i looked as 1 passed . 1 had been searching for you during the day . Mr . Williaoi 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 Hobaon , Market-street , Leeds , declaring that he was the printer and publisher ot the Northern Star , and that Feargus O'Connor , E ? q . of Denham Cottage , Hammersmith , was the sole proprietor . ! ..,, » ,, »«¦ In answer ito a question by Mr . Wortley , Mr . Drake stated that the declaration was executed in his presence .

    | _ The Attorney-General read the imprint jof 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 Gontleman consented to postpone the reading till the following morning . . The Court rose at seven o ' clock . It is not expected that the Attorney-General will nni&h his c&ee before Tuesday , so that it id probable the trial will occupy a great part , if not the whole of next week .

    SATURDAY , FOURTH DAY . Mr- Baron Rolfe took his seat on the bench at nine o ' clock . ' > A person in the body of the Court stated to his Lordship that he had been subpaened on bebaif of one of the defendants , but finding thai he could not obtain his expunces . he wished to know whether he should be compelled to remain or not ? The Judge replied that he had no jurisdiction in the matter . The witness , therefore , must exercise his own discretion aa to jvbether he continued or not . The Foreman ] of the Jury asked permission for them to go bome by the train at five o ' clock iu the even * ng , and return early on Mo day morning . Tbe Jarors bad sustained much inconvenience , and they hoped hia Lordship would accede to their application .

    The Judge aaid 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 tbe case made to-day , aud hs would then determine . Tho AUorneyVGeneral supported the application of tbe Jury , and ultimately bis Lordship consented not to sit later than five o ' clock The Attorney General then put in a copy of tbe Northern Star of tha 20 th of Aui ? . 1842 , con-mining an article addressed to toe Chartist public , and which was read by the Attorney-General in his opening speech . This ftrticlu having been read , the Ltarncd Gentleman saidj that in order to prevent any misunderstanding be begged it to be distinctly understood th- < t the document there alluded to was tbe address of tbe " Exocutive Committee . ''

    Mr . O'Connor begged tocalltnea tention of his Lordsnip to tbe fact that tbe Attorney Gmeral , in his oppning speech , told the Jury that the Northern Star , or anything contained ! in it , could only ba evidence against him ( Mr . O'Connor . ) If , therefore , the Attomey-Ganeral meant the article which had just been read , to apply to the Executive Address , be must also admit that that only applied to him , and not to the rest of tbe defendants . The Judge—That mayb ; matter of observation to the Jury . What I take the meaning of the Attorney-General to be : ip—that the person who ¦ wrote this article in the Noithern Star , alluded to tbe placard , entitled the ' Artdrew of tbe Executive Committee . " Tbe Attorney-General—Just so , my Lord ; and , therefore , I made tbe observation in tbe outset , in ordtr that there might be no misunderstanding on tbe pttint :

    His Lordship here announced that as there appeared to btj no possibility of getting through * the case for some days to come , be had commnnicated with tbe Lord Chancellor , and had obtained a new commission for Westmoreland , which would set him at liberty for tbe following wetk . James Hindley , examined by Mr . Hildyard—I am a driver of a fly No . 10 , and live at Manchester . Esrly on tbe morning of the 16 th of August last , I was employed hy Mr O'Connor to drive him to the residence of Mr . Scholetield , one of tbe defendants , in Every-Btrcet . 1 tjok him up at the Birmingham station . By Air . O Connor—I know a man called " Pope Joe . " I was not in com .-any with Inspector M'MuIHd , and two cabmen , on Friday last . There was no conye : sation that we should all be of one mind as to what we were to say here .

    Robert Ball examined by Mr . Pollock—I was employed by tbe Manchester police on the 16 th of August last . On the e ^ ning of that day , I saw Mr . O-. Cunaor go into Mr . Schoit-field ' 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 again a few minutes afterwards . In the afternoon 1 saw several other persons leaving—I should think about twenty . I n cogi ) z-i < I John Campbell , Christopher Doyle , and M'Cartnfcy , three of the defendants . 1 afterwards saw these three , in company ¦ with John Allison , go into tbe chapel again . On Thursday mornir . g , the 18 th . 1 saw Mr . O Connor . I saw him ltavirg Mr . Scbolefield ' s , in a cab , accompanied by Mr . Scholefield . They drove in the direction of the Birmingham and Manchester railway station . i

    By Mr . Barnes—Two other persons were with me in Every-street I ! went there about nine o ' clock . On the 17 th , I eaw the parties going into Mr . Scholefleld's house at one o ' clock . By Mr . O ' Connor—The first time I saw you was on the evening uf 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 ' a son putting up placards , announcing that there would be no meeting in Mr . Scholttitld ' a ground , 09 had be « n prtivioualy determined upon .

    Thomas Noblistt examined by Mr . Wortley—I live at Manchester . My mother beeps a public-house in Whittle-street , called tbe Queen ' s Stores . I was at home on Tuesday , the 16 th of August . I know M'Douall . He came to our house about nine in tbe morning . My mother showed him a room upstairs . Whilst he was jhere , I saw two or three men go up stairs . They asked for Dr . M'Douall . I knew them . One was James teach , tbe bookseller , and another , Mr . Campbell . I dd not remember seeing Mr . O'Connor come into the house , but I was sent for a cab in tbe afternoon , and Sir . O'Connor and Dr . M'Douall , went away together , ii don't know which way they were going . I saw M'Douall again at six o ' clock in the evening . I went iuto 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 , ou Tuesday night . I was sent there by Dr . M Djuail . I was to ask if tbe 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 . jM'Douall did not tell me what placard h « meant . I know Christopher Doyle , he was in the bar . He walked through , and went into tbe snug to M'Douall . I know Bairstow , one of tbe defendants . He came to our bouse about one o ' clock , and went into the soug also . At dinner time , on Wednesday , I saw Turner , the printer , come to our house . He asked for M'Douall . I told him he was not in . He stayed for two or three minutes . He had papers under bis arm I saw no utore that day . I know a man of the name of Wheeler . He sitylea 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 it a place of entertainment It is situate rather backwards , bat it is neat to a large market . We do not supply any victuals . An ; one that comes in ma ; go into the snug . It is retired , and more comfortable than the bar . By Mr . O'Connor—The house is close to Oltlhamstreut , but there { is no business doing there It is a great thoroughfare . T he house was as much open on this day as any other . 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 half an hour . I know that as soon as you arrived , a large number of persons got in 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 tbe back of the premises , in order to avoid the crowd .

    By Christopher Doyle , a defendant—One part ol the house is in Olhdam-streeC . It is nothing remarkable to see you going into the house . You have often been in the habit of coming there to get a glass of ale , or spirits . I Defendant—A social glass . Just so . ( Laughter . ) By M'Cartney 4-Oldham-street is certainly famous for the expesure of various articles , but not for dale . ( Laughter . ) I mean that there is very little custom . For a public house , I do not prefer Oldham-atreet . I admit that it is ai great thoroughfare .

    By James Leach—I have often seen you in ear house three or four times a week . I did not think there was anything remarkable in your coming in on the 16 th of Augnst . The snug is not the only room that we have where people whb wish to be quiet , can go . There is the bar aud the news-room . I have never seen you iu any other than quiet and respectable company . Tbe opinion of my mother and sisters waa that you were Vbiy quiet , and honourable in your potouqVb , I can't

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    say tb . it year conversation referred to questions of : norality and good behaviour . I did not hear what y&n , said . Miss AgnewMary Noblett , examined by Sir Gregory Lewin—1 am sister to tbe last witness . I know M'Douail . I remember seeing him in our house on Monday , the 1 Sib of An ^ nst He came alone . He came again on the following day . He asked my mother if he could Lave a room . She told him the room waa unsafe- She did not give any reason why . He then asked to look at it When he had done so , be said it was safe , and that he wanted it for about eighteen persons . He remained there . Other persons came shortly afterwards . I knew some of them . There waa Campbell , James Leach , M'Cartney , Christopher Djyfo and Bairstow . I saw Mr . O'Connor there that day . At

    that time the persons I have mentioned were there . He was cheered by the party who followed him . He went iuto the room where , the gentlemen were . When he had gone up stairs , my mother followed and said , that tbe crowd must disperse . Some went down stairs , and told tbe crowd to go away . They diA go . Those that remained up staira were Mr . O'Connor , Dr . M-DonalL and others , whom I dont recollect . Dr . M'Douall aj . dressed tbe mob , and told them they must go away , Mr . O Connor remained until a cab came for bhn . 4 person of the name of Baron lives next door . to us . Mr > O Connor went bf the back of our house to Baron ' s , " On the 17 th . Dr . M'Douall , Campbell , Bl'Csrtney , and others , tiame a « ain . They occupied the snug . They 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 is very popular with the people . The room was conadered un .-afe , the wall beini ; cracked . By Mr . O'Connor—I should say that you were in the bouse rather more than half an hour . The people were cheering outside . My mother requested that the mob might be dispersed . I believe you sent for a coach to go away . I did not hear you tell the mob to leave , or that you would leave Manchester altoge * ther . On the Wednesday evening , Dr . M Douall and Campbell were at our house between ten and eleven , and they remained an hour and a-half , I don't know

    the distance between our house and Every-street James CarfcUsrfge examined by the Attorney-General —I live at present in Manchester . I have lived there for tweniy years . Pai t of the time I have worked in a factory , and part ; of the time 1 have been a schoolmaster . In the beginning of the month of August last , I was a member of the Chartist body . There were a number of persons who called themselves the Execa . tive Committee . There was James Leach , of Manchester , Jonathan Bairstow , John Campbell , Petej Murray MDouall , and Morgan Williams . On San . day , the seventh of August , I attended a Chartist meetim ; at Oldham . It was held in a room . It was a regular Chartist lecturer's meeting .

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

    Tbe Attorney-General . —Nothing is more common than to apply to the Judge , at the sitting of the court , in order that tbe party may become a necessary witness . The Judge—There is no sort of doubt about it Mr . Dumlas—I merely mention thet matter now , in order , as I said before , that we may not lose the advantage of tbe oV > j-etion , if there shonld bs anything in it The Attornej-G- 'ner 8 l—As an objection has be « n taken , in order to be regular , perhaps your Lordshi f will allow tbe witness to be re-swora . The Judge . —Certainly . Tbe witness was re-sworn accordingly . The Judge—Then I have taken a note of the proceedings , that the defendants objected to tbe examination of the witness , on the giound that he is in the indictment , — that the Attorney-General entered a noli piosequi , -to discbarge Irim from the indictment , —the defendants still objecting .

    Mr . Dandas—t may jns ^ observe , my lord , that in the case of " The K-cg -against Percival , " Lewis ' s Crim . Cases , vol . 1 , p . 151 , tbe Judge , Mr , Baron Bolland , sent back the bill to the grand jury , to be amended , before be would admit an indicted party to be heard as a witness . Sir G Lewin—But in that case the Grand Jory had intimated their intention to throw out the Bill against the party . The Judge—I think there is no analogy whatever in th s case and that of " The King against Percival . " In the JAtter , the question was whether tbe bill was a good one , but here- there is no dispute of that kind . Suppose A and B were indicted for a misdemeanour , you don't mean to say that B m : s . ht not be a witaesa against A .

    Tte Attorney-General—Certainly not , my Lord , and I believe in psint of law that although it is usual either to obtain an acquittal , ot to enter a noli prosequi , for the purpose of preventing the supposition that the witness labours under any infirmity , it is perfectly competent for me to txainine this witness without either form . Mr . Dundas I have looked into the point rather more fully , my Lord , and I say that Gartledge is not a pood witness , inasmuch as he was put upon his trial from the firsc He was on his trial up to the moment of coing into that bo * . The rule of law , I believe , is

    this . Iu ' Russell ' s Crown Cases , " vol . 20 , p . 597 , it is laid down that a party may be a witness , providing lie be not put upon his trial at the same time as the other defendants . And 1 beg to call your Lordships attention to the case of " Tbe K-. ng against Rowland and others , " for a conspiracy , in which it was held by Lord Chief Juatice Abbott , that tbe counsel , in fits opening , may enter a noli piosequi . But this ia not the state of things here . The defendant , Cartledge , is on his trial now , and jour Lordship did not know till the moment he waa put into the box that he stood in any other position than that of a defendant .

    Mr . Wortley—I beg to cail your Lordship ' s attention to the last decision in these cases . In " Phillips on E ? idence , " p . 67 . it is Hid dewn that in cases of misdemeanour , a ' noli prosequi , entered before or after trial , enables the counsel to call a defendant as s

    witness . Sir G . Lewia—Tbe same rule is laid down in *• Starkie on Evidence . " I bava frequently known that where two persons were indicted together , application was made to the Judge , to have one tried before the other , in order that the second might become a necessary witness against the first . The Attorney-General—I am very much ebngedtomy Learned Friends on the other side , for their anxiety to guard the prosecution against ony objection . Nodonbt if this person should afterwards be held not to be a § ood witness , they will be entitled to a new trial ; bnt I think I am entitled to examine him . The Judge—I think you are .

    Mr . O Connor—I submit , m « Lord , to the Attorney-General , having entered the noli prosequi , has altered the record , and . the i 6 sue being a mitimus sent down from the Court of Queen ' s Bench , by certiorari , the Judge is obliged to send it back unaltered . I deny , therefore , the right of tbe Attorney-General to make any , the slightest , alteration in this record . The Attorney-General—My Lord , I will just read & note , page 141 , of " Roscoe ' e Criminal Evidence , which I think removes all doubt in the matter . The note is this : — < l The evidence of a person who has bee ^ j an accomplice in th « commission of a crime , with which * evidence

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

    Mr . Atherton—The view which Mr . O'Connor has taken , my Lotd , appears to me to be the correct ene . I contend that the course proposed to be adopted by the Attorney-General can not be taken on this record , because this is not au indictment returned by the Grand Jury , but a manuscript sent down here by milimvs , a& appears upon the record itself . The Attorney-General . —I admit that till this occasion , I have never entered a noli prosequi on the record itself , but I maintain there ia nothing , in point of la *» to render such a course irregular .

    The Judge—I will give my opinion very briefly . I think , in the first place , that the Attorney-General may enter a noli prosequi for the benefit of the subject . There can ba no prosecution at the suit of the Grown , in which it is not competent for him to do so . Tf . e Attorney-General , therefore , may enter the noUprostq « i , and get rid of the defendant just as if he had ne « r been prosecuted . What I would suggest , howevef .-, is , that instead of e tering a noli prostquiyfovL ahoaUf . tai « an acquittal , which is at all times proper in sneb cases It may , indeed , be essential to the interests of tt a otbet defendants that this party should be acquitted . The Attoruey-Ganeral—I will take your rec jmmenda tion , my Lord . Mr . Dandas—I believe the rule is , thr t a cp-conaplmtor cannot be acquitted till the end of & 9 trial . The Judge—I hold that no co-defendair \ can be besr « on such a point

    Mr . O Connor—The ground on whicJ" , the Attorney-General consented to the acquittal v , f the defendant Wilde , waa , that he had nothing agr jnst him- NoW ' in the ftaje of Cartledge , he baa something again " him . ( f ~ on'inue'iin ewr Seve nth page . )

    Untitled Article

    $ THE NORTHERN STAR . i

• Citation
  • Northern Star (1837-1852), March 11, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1203/page/6/