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    , ; -: LANCASTER ASSIZES . — -- ' - C Continued from onr third page . J afterwards , tie mobjietreaiedj , and we returned to our quarters . ZPhe Jmfls next day / resumed Tirorki aid all "was perfectly qtrieW Pour persons died in consequence of the injuries they had received . jByiir . O'Connor—At the time the iailitary came ^ pytHeeonstsble ^ were laying their staves abonithe people . T can't say how long the firing continued after the people "were motionless . It iras deli berate and not rapid—it might be fifteen fires x minute , but I can't say , I hare not heard the Mayor Kamed for his rash condnet in

    ordering the military to fire upon the people 3 bat on the contrary , I have heard his conduct praised in all qusrt-r ? , usder the circumstances . 1 admit that I *• - ¦ ¦ ¦¦ - " among the peoplo myself , andwi&ed them - - ¦ -isp £ T « , hut the misery and the constables were t-vseatisnd . I did tj-- ; hear a rumour that is was the intention of tie Messrs . Hainsworth , of Preston , to reduce their wages , until after the meeting . I sm quite positive of that . I wss not at the first inquest held % pon the parties killed . I did not -see the bodies . I don ' t know &a , % two ihen were wounded in ¦ the back .

    By Sir ¥ . Pollock— -Dee town was not ia = ageneral state of-iisturban . ee tintS after * the arrival-of Aitkin and Challenger . Soffie slight disturbance had taken place before . It being now seven o'clock ,, the Cote * adjeuraec till tiia following morning .

    HIIB £ Y—THIRD DA . ¥ . In consequence « f 3 Ir . Baron Bolfe Kaving arranged -this mennng to dispose of a charge- « f "murder against a yoong woman nszjedJUiee Greenwood , of Blackburn , alleged to have osen committed oy 3 ns , in the ^ nonth of-January last , * pon the body of nex illegitimate male ehUd , the restuapiion of the evideaee In the prostcntion of Ujb Chtrfists , did not take place till nearly twelve o ' clock . The verdict te lie case of murder was-l * ot Guilty . The Learned : Judge took his * atiin the Nisi Prias ' ^ knui at twelve o'clock , when the-Jury , in the case of " The Queen ' against Yeargus

    The Attorney-General stefeedto his Lordship , that laving rarefclly looked over the depositions as affecting John "Wild , one of" the < &efentlsiits , 'wbo cross-examined the witness Brickley -on the previous day , he iaS . come "to the conclusion , * in -concurrence with his learned Irnends ., not to dEex any further evidence against WCfl . A ¦ verdict of Acquittal wi » s « eordiBgly taken . The ssms course was adopted with regard to Thomas Kft . anefeer of ihe defendants .

    The Attorney-General asaae an application to the Court with reference the attendance 6 f the Rev . John Taylor , Incumbent of JJucfeinneld , who "wished to offer evidence as to the character of John Cross \ ey , one of frp defendants . It would be inconvenient for the Rev . Gentleman to be detained in Lancaster over Sunday , and the Learned Gentleman accordingly proposed that ¦ the evidence of Mi . Taylor should then he taken . The BeTi : 6 entlemaii was bwcbe , and he gave a very favourable opinion of the character of Crassley , as a peaceable » Tifi orderly man .

    Mr . Joseph Hifebert , * derk to" the -Magistrates at Hyde , examined by the iitomey-Geneial—I remember the disturbances at Hyde , in August last There is a lotfc-trp there , hut it was-sot safe to confine the parties 3 n it , charged -with rioting . It was the duty of Mr . -litOe , Special High Constable of 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 . 1 have frequently seen Little use it By Mz . O'Gonner—I consider Mr . Little as competent an authority as any other -for the discharge of the duty . I am clerk to the Magistrates , and T never heard that 3 n the month of August lss \ , a number of the mill-OTrners gave notice to their hands to leave work . The Attorney-Geneal objected to a witness being asked as to what he iad heard . There would be no end to the case if fines latitude were allowed .

    In reply to a farther question by Mr . O'Connor , the witness said that the disturbances in Hyde ended about the SDthof AngusL By Richard Otley , defendant—I did not hear of any particular distress inHyde , during the month of August last year . Mx . John Brook , examined by the Attorney-General—I am bookkeeper a&d manager-to Vx . Pratt , cotton spinner , of StaJybridge ? -Oa Monday , the 8 th August , I remember a mob ceming to the mill , a little before nine o ' clock in tie morning . I cant tell the number , but the street was falL I should think there were thousands . I was in the miD-yard , and having had an intimation that the mob was there , I , along with the overlooksr , ^ et outside , just before they came up . 1 asked the people what they wauted-f They said they "Wanted ifce hands out I asked what for ? "Our hands

    are satisfied with their wages , and do not want to come out ?' . They replied , — " We will have them out : they must go with as to get our rights . " I said , — "If our hands come out , they will not go with yen ; We shall start the engine to-morrow morning , and they win comein again . ** Mr . Dnndss objected to this evidence , inasmuch ss tie understood from the Attorney-General , that the witness could not prove that any of the defendants had had anything to do with the these transactions . The 'Attomey-General sajti I ^ st he had certainly •* " » a « that admlsBloB , bet be did not- intend it to affect - Aiaxi ^ rt * o oflbr ttoerfdencs . 32 se Jndge—Proceed .

    Examination resumed—The people replied " Neither your mill nor any nuH « hi > Tl werk again , nntil we get our rights . " l * aid : 'It k rery wrong in you to force persons against their wOL for our hands are getting "iiore wages than they weretwenty-flve yean ago . * The mob said it Tras a lie , and . they jostled me about , to -force me to open the door . They said that if the doors were not opened , and the hands turned out , thty would break the windows , The large dooro 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 out They then left the

    premises . Oar weekly people axe receiving more wages -than they were tireiity-five yeaa ago . The spinners are paid by the quantity of work they do . There has been 210 alteration for some je&rs except & trifling advance . In August last , those who worked by " piece suffered & reduction of ten per cent . A spinner will earn from 22 s . to 36 s . a week . The nmonnti varies according to the quality of toe work and the quantity of machinery employed . The average is 30 s . a week . I do not knoro that any spinner in ^ jur " > ni -was <*» tti'pp Ibsb thin ^ Ss . in August last If there were any , they -would not be jooducing the proper quantity of work . Mr . EJatt does not employ any weavers .

    3 $ y Mr . Dundaa—I do not knew that the men in "bit Bailey ' s mill , ¦ whitli is about three hundred yards from curt , were , in the month of August last , under notice of a reduction of "wages amounting to- twenty-five per cent Mr . Bailey ' s mm was dosed in the month of August I « an t say positively whether it was stopped for a month or not , but I think that would be about file time . When the p&ople came to Mr . Plait ' s mill , they did not do any t ' amage to the property . ^ y Mr , O'Connor—We have about three hundred hands , and we pay about £ 320 per week . We have eight . piecers to a " donWe decked mule . " We have

    five of these , and three of them require eight piecers to attend them , and two of them seven . We have twentysBeven pair of single decked mules , and four 3 > iecen » to eaeb . We liars thlrty-fiTe spinners . It Tras-only the thirty-five spinners that received from 22 s . to SBb . To earn this rata , the spinnera work upon a single decked mule , which requires four piecers each . A maniworking a foil week aims at £ 6 fit for tbe fortnight -ttom this there is a deduction of ten per cent ., and . gas light , 2 s a week , reencing it Jo £ 5 S& 6 d . A man working -at a double decked mule , will aim at £ 13 % fortnight Prom this there is a deduction of

    Sflpereent The £ 310 of which I have spoken as paying to the men , is paid every ibrinight For a doubledecked " mule , there is s deduction of 3 i a week for gas . There are no fines except for snoDed work . I can't say what Is the largest amount or deductions that has been made at any one time . The amount paid to the men weekly is about j £ i 55 . Out of that thirty-five of the spinners earn from 22 s . to 36 s . a week . This would leave -ca acerag&tf 5 s . 6 < L a vxekfor the remaining 255 hand * . 1 am not Bware that the-spinnen make any de *

    onrtions from the jregea of the piecers . It was repre sented that the distress of tbe working people in Hyde , in August last , was ^ rery great I also heard that committees of the shopkeepers were appointed in conBe-Saence , I do not know of my own knowledge that several . of the mfflowners gave notice that the bands should not have anymore work unless they would submit to a considerable reduction of wages . When the E £ w 2 U ? Jf ? 2 ' they V **** asaiast the deors , ^^ sst t ^ i . ssr - ' --

    ^ rSmen ^^ ^^ t ^ . description of B » 25 yearsj » B JaTaJ fcnS ***** irage 8 as ™ Sano 2 er * arS- ' lfSf ^ Lr ^ er !? aTl 2 s a&Vfifil ?? 5 ^ sf i-sw ^ H ? iS » s = mis ^ m have the

    »» use we al ^ d prince o 7 ^ n ^ S We are spuming go ' s-and lcoi now Tywr ^ r ' ^ atwe paidjper pound twen ^ -Srye ^ ^ began to pay wages seven years ago . latft ^ tyl tteratawepaidattaefime . iTobiC S ^ «^ . ^ Sfady&ri ^ e . are only eaSnfS . ^? £ Z Twenty yean agomen were spinning m lw £ ^ 3 ^ toyea » ^ o , onl 6 D 0 ; now wehaveM b ^ hu ie «' I dan * trem « piber bow many spinners we had twenty jean age . LSapk wehsve thirty-fire nowT ^ y yoSlS&p Dnderetaad the ncaabs of

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    Defendant—My object is to show , my Lord , that they are not paying anything like the : amount of wages now that w * ST > aid two ycarg 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 nou It is expected that they vrill do so , but nothing particular follows if the expectation is not complied with . We have several houses to let now . The rents vary from three shillings and fourpence to about four ehiUings weekly . The rents are stopped when the wages 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 w « ek . There are some hands in our mill earning from seven to eight shillings per week , but 1 don't know that any of them live in these houses . 1 am not aware that we have a angle hand earning only seven shillings a-week , from whom we stop as much us three and four-pence a-week for Tent . I can ^ t wear it , but I 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 Bmall amount of remuneration paid for their wcrk . I heard the same 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 lew rents they are getting . There are a many houses to let in Stalybridge . The Attorney General « aid he must really object to this style of examination . He wished to be as forbearing as possible , but what they heard had no relevance whatever to the record . The Judge did not see * he relevance of the examination at all . He understood both the witness and the defendant to be correct in their views . The witness had stated that a man of ordinary skill and industry , working a full week , would receive more money than he did twenty-five years ago ; the defendant , on the other hand , maintained that the man gave 3 larger produce for the amount , and that therefore , in point of fact , he got less . Witoess—That is what 1 meant , of conrse taking into = aecount the alterations of machinery between this period and twenty-five years ago .

    The Defendant was proceeding with his examination , but his Lordship interposed , and Mr . Leach consequently sat down . Mr . John Br&dshaw , examined by Mr . Hildyard—1 am a mill-owner , at Stockport . On the 11 th of August last , a mob , amounting to several thousands , and armed with sticksapproaehed the mill . 1 stood et the lodge door . Tne mob came np and demanded to ba admitted , for the purpose of turning the hands oat . 1 refused to a ' Uow th < -m 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 sates , 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 to confine me to bed for several days . 1 escaped out 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 any other millowner , in Stockport , or any attack upon any other mill . TheTe was very little excitement in Stockport before that day . 1 believe there has been a great deal of angry discussion at Stockport , betwetn tbe Charrists and those called " Corn Law Kepealers . " 1 believe there are some millowners in Stockport , who have taken an active part in such discussions , but 1 don ' t know of my own knowledge that they belong to the anti-Corn Law League . 1 once attended a meeting of this ( description , two 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 is the only mill in Stockport at which resistance was offered to the mob . After that resistance , I am not aware that any other mills in Stockport were attacked .

    M ^ . Joe Cooper examined by Mr . Wortley—1 am a cotton spinner , and live in the township of Chiswe ll , near Glossop . My father is the owner of a mill , and 1 and my brother assist at it . On the 11 th of August a mob of about 150 persons came to the milL They said if we did not turn tbe 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 bad said that if we started they would stop ns again . At the reqnest of the hands we resumed operations on the 24 th of August . They came almost every day to see when we started , as they wished to begin again .

    During the interval 1 attended a meeting at Glossop . Several hundred persons were there , i 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 were printed papers , like a placard . James Coe , not a defendant , made a speech He said ssmething about the " three glorious days " in France , where , though all the streets flowed with blood , property was respected , and he wanted it to be bo in England . He advised the meeting to be peaceable . On the 24 ih , 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 Siked them WbAl tliej wanted . They said tbej wanted the hands out , and they would have them

    out , or they would pull the mill dons . They shouted and flourished their stick ? . My father began to reason with them , but they rushed past him , and he then ordered the enuineman to stop the mill . Many of tbo hands had fled for fear of bang injured . Two of the mob went into tbe mill and made a seareh . Some men were taken up for these transactions . On the 2 Sih I want before the magistrates . My father , my brother Joseph , John Howard , and my uncle , James Cooper , went with me . As we were leaving to go home , the mob got between us and the inn . They began to stone us , and we ran . They followed us about a mile stoning us all the way . Before that John Howard , being much frightened , had left us . I and my father , brother , and 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 lhat evening ; he vms insensible . It was several weeks before be reeovered from his wounds .

    By Mr . Dun das—I could hear very well what Coo 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 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 tcomen ' * guise

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

    Mr . Thomas Rhodes , examined by Mr . Pollock—1 am a cotton maBufacturer , 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 number was not very large—perhaps 200 . The mill door was tslosed when the people came . When they arrived they demanded that the hands should be turned 4 mt . 1 opened the door and the mob rushed in . They were armed with large sticks . 1 told

    them there was no necessity to use violence , as we would stop without . Notwithstanding this , they rushed into the mill , and drove the hands forcibly out . When they saw all the hands out , 1 heard some of them say , that if the hands attempted to resume work , they would make them incapable of following tbeix 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 , Athertoa 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 1 The Judge said he could not at that moment say to what the examination might lead . It might be that Booth had donenothiog but what was perfectly legal ; or it might be otherwise . It was necessary , therefore , to know what was said at these meetings , in order that they might judge of their character . Examination resumed—Booth had a piece of paper in his hand ; and he told the people what expensive a thing monarchy was , and what a quantity of mne the queen drank . He also said that the working classes would nerer obtain justice from the magistrates , for tbe Bench was composed of

    men from the middle classes of society . They must have mea of ' ¦ their own stamp . He then referred to the chnreh , and said if the Bishops got so much for working one day , how mueh did they ( the working classes ) deserve for working « x ! It was discussed whether they should stop the railway hands , and 1 understood the meeting to decide that they should be stopped . On leavinz the ground they , went in the direction of the railway . There were two reads to it , and they took Sfte ^ . We began work again at our mill on the 26 th of August . W « had no difficulty in getting llA ^? t 0 ^ : ® ma ^ P to * expressed n ^ t ^ n ^ A 1 to W 8 * W » e we thought pro-Sff * * L % f ^ ' WTCna hQna > ed persons came to thL ^ ' S ° twelve ° v cloc £ The first 5 L ** s a mob surrounding the 4 oor . The cry raifie < r by the b * ^

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    Murn ttit m out , ' ^ we'll have themi but ; " i ^ We defended the aoor , and kept the mob off . There werej tw , attacks . The first might continue for more , t fla ^^ houfc Tho ^ thatth- jy would send a large force . - We continued atwor jfe : till Friday ^ the 30 tlu 1 returned home in the : V Aernoon of the same day , lfotind thB wihddvra of tKe warehouse destroyed , and those of my oVlrn and , father-in-law ' s house ; Themilitary were there . I >\ jm > w the hand-writing of John LewiB . 1 have i 86 « n him write his name once . I believe those now produced to be the same . 1 was at a meeting on TAlottram Moor on the 19 th or 20 th of August . A I placard was exhibited . There is no doubt that the I one now produced ( the address of the Executive 1 Committee ) is the Bame .

    By Mr . Dundas—The placard was given to the chairman , but he did not appear to be able to read it , and it was given to another to read . I have no doubt this is a copy . By 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 the moath of August bad the feeling that a further ; reduction would be made . I was giving a farthing a cut more thau 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'Conuor—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 naadea wage question . Robfc . 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 . We opened the doors of the mill on the 26 th , and the men came back . Mr . Hibbert recalled and examined by the Attorney-General—I produce a plaoard 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 teas here produced , and Little , constable of Hyde ,, 8 tated that ho ordered one of his constables to pull down the placard from the walla of Hyde , between the ISth and 19 th of August , Ho delivered it to Mr . Hibbert , clerk to the Magistrates . The Attorney-Ganeral then put in the address , which was read by the Clerk of the Arraigns . Tho placard bore the imprint of" Chales Turner , printer , Turner-street , Manchester . " Mr . Geo . Nasymiih , examined by Sir G . Lewin—I am the owner of premises , at Jfatricroft , in the township of Eccles , called Bridgewater Foundry . On the morning of the 11 th of August , I got up early and saw a number of men going in the direction

    of Ecclea . 1 went there , and found a mooting collected . I knew the president , David Morrison , one of the defendants . He spoke a few words , and introduced a man uamed Bell , who addressed the meeting . I was so far off , that 1 oould not hear what was Baid . 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 saw Morrison passing my house , accompanied by a procession . Several of them had sticks of no great size . They were walking four or five abreast , and going in the direction of Patricroft . On the night of the 12 th of August , 1 heard a number of speeches .

    The speakers recommended peace and order , and to continue that until the Charter had become the law of the land . A piece of white cloth was exhibited having an one side— " Peace , law , and order , " and on the other w Political equality . " 1 afterwards saw a number of tbe party enter the gates of a Mr . Tetley , a retired gentleman , near the canal . By Mr . O'Connor—Morrison has worked in my employ for six years . As far as his conduct in the works is . concerned , we had no complaint to make . Nathan Fryer , examined by Mr . Hildyard—1 am foreman of the blacksmiths at the Bridgewater works , near Worsley . On the morning of the 11 th of August , a number of persous assembled at the works . Morrison was there , and spoke to the

    inspector . Mr . Smith and Mr . Pearson are the managers of the works . The latter had a communication with the mob , and he then ordered them off , and said he would send the men belonging to tho 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 sympathise with them , and he added that if we did not turn out quietly , they would bring a body of men to compel ua . Eccles also addressed the meeting . He said they came like a clock , and gave warning before they struck . In consequence of what passed , our men were ordered to cease working . The same afternoon I was at a meeting at Eccles . It struck mo that the a . ob was the same . Tho meeting was addressed by M'Cartuey , one of the defendants . I don't know who the chairman was . M'Cartney began by

    addressing them as " fellow-slave , * , " and said , this is the beginning of ibe end : this is a atrnjwlo between rampant capital and prostr&te labour . " He informed them that at a meeting of delegates , held at Manchester , it was determined that they would not identify themselves with any class that were ttirned out for an advance of wages . The ChaTter was referred to , and he said tho struggle must be purely political , and that all labour must cease until che Charter had become tbe law of tbe land . He mentioned many places , and said " above all , you have the men of Birmingham , who carried the Reform Bill . " On Saturday morning , the 13 th of August , 1 was at a meeting , at Eccles . There was an address read , purporting to be from Mr . Lock , one of the Duke of Bridgewater ' s stewards . It was proposed to burn this do ument . Morrison again addressed the mob in terms of encouragement , and they then marched off in procession . '

    B y Mr . M'Cartney—1 have stated briefly the substance of what you spoke at the meeting . You urged the people to persevere in their coxrse 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 Bingle blade of grass . 1 could not -consider the meeting a peaceable one , after what 1 had seen . Tte presence of the men who had stopped our works was a sufficient indication of the character of the meeting . 1 observed a gentleman on horseback outside of the meeting ; he was

    not a magistrate ? . 1 did not see a Magistrate present while you were addressing the meeting . You approved of the conduct of the meeting , and therefore 1 consider you were one of them . 1 did not ste you in Worsley that day . 1 do not know that gentlemen of property in the neighbourhood have supplied food to those who were oa strike . 1 do Dot 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 urge the meeting to respect eren the opinions of those who differed from them . If you dm do so , 1 had left the meeting .

    Geortre Wroe , examined by Mr . Pollock—In the month of August last , I was in the service of Mr . Greenwood , cjach proprietor , of Eccles . I remember seeing M'Cartney , in the Bull ' s Head , iu Eccle * , 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 in the evening . He said he must bo at Leigh a little before eight . The distance is about 8 or 9 miles . I drove him to Leigh . In half an hour afterwards I was coming home , and I saw him about to address a meeting . I didn ' t hear what he said .

    Samuel Turner , examined by Mr . Wortley—1 am a farmer , and live at Ashton-under-Lyne . On Tuesday morning , the 8 th of August , there was a meeting at Thacker ' s ground , at Ashton . It was appointed to-commence at six o ' clock . 1 know Pilling , one of the defendants . He spoke , and Baid he wished to go along with the body to meet . the masters , at tho Exchange , at Manchester , as the masters would not come to meet them . He argued for a fair day ' b wage for a fair day ' s labour , and said they must not resume their work , until they had cot tho wages

    of 1840 . I 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 two or three factories . 1 saw one faelory where they forced open the gate . 1 did not see Lee after leaving Ashton . At Manchester a Magistrate wet the people ; Mr . Maude was the gentleman . There was another gentleman with him . 1 saw the military in Stephenson-square . I Baw Mr . Maude Bpeak'ing to the mob . 1 never saw Lee in Manchester at all . ¦

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

    Archibald McMullin , 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 thectown , and when they arrived in Ancoats-street , they divided into bodies . Women were mixed in the procession . Some oS them had small sticks . Mr . Maude , the stipendiary magistrate , met them at the corner of Pollardstreef * He spoke to them , but I could not hear

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    .-- ' -1 . ~ J : "\ ¦ :. £ . 'iwhafc ¦ was said . They then went down Great AncdatS'&treet . I went to Mr . Murray '? mill ; : and I found a mob of fifty persons there . They insisted upon thehahdsbeingturnedout . 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 turned out , aud the mill was stopped . ^ I then saw the mob attack Mr . Burley ' s mill , and break the windows . The gat ^ a leading to the yard had been broken . I should think that , 3 , 000 or 4 , 000 equares of glass were broken , and the window frames were forced out . From Burley's they proceeded to Messrs . Stirling and Becbton ' s . I found

    the squares broken . The town continued m 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 . Whenl got into the house I noticed a board , on which was a large placard . 1 took it away . This was on the 17 th of August . ( A copy of the Executive Address was put in . ) At the time I went into the shop the placard was leaned against the wall . By Mr . O'Connor—I have resided in Manchester about seventeen years . I believe that for that time , there has been a procession in the town on the 16 th of August . I believe it was the intention to have a procession on the last 16 th of Auguat . I believe , also , that in consequence of the disturbed state of the town , the magistrates recommended that the procession should not take place . I am not aware that it was in contemplation to have a

    meeting in a private piece of ground belonging to Mr . Scholefield . I do not know of my own knowledge that Mr . Scholefield gave notice that he would not have a meeting there . I am not aware that there was any breach of the peace iu Mauchaater on the 16 th of August . I never saw bo 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 so large . Tranquillity was not restored for five or six days . 1 passed the house of Leach several times in the afternoon , but 1 did not ; go in to ascertain whether he was in or not . 1 apprehended him at eleven o ' clock at night . 1 don ' t know how long before that hour Leach was in hiB house .

    By Sir F . Pollocks The state of the town was extremely alarming . Business was quite suspended , the shops were shut up , and the military and special oonstables were parading in all directions . Mr . Richard Beswick , examined by the Attorney-General—I am the chief superintendent of police in the borouph of Manchester . On Wednesday morning , the 10 th of August , the town of Manchester was in a very disturbed state . A few machine shops were at work in the morning , but they were stopped during the day . I saw large bodies of persons go and order the mill-owners to stop their works , or 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 on the 16 th of AuguBt . They have been very little attended for some time past . It has not be « n customary for persous to assemble for six or s yen day a 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 the 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 tha-t 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 saw a placard similar to that now produced ( address of the Executive Committee ) extensively posted in Manchester . The first time 1 saw it was in the morning of the 17 th . That was the day after the intended procession to Hunt ' s monument . 1 apprehended Turner , a printer . Mr . Ewart , in my presence , fouud a placard on the premises , which he gave to me , and 1 afterwards marked it . That now produced is the same . To the best of my belief , it is in the same state as 1 found it . -The corrections are in ink . 1 don ' t know the hand writing . I seized a printing press belonging to Turner . Leach was taken on the night

    of the 17 th , and in the morning I had 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 . 1 remember going to the Hall of Science , Manchester , on the 16 th of August . 1 found several hundred persons there . A majority called themselves delegates . 1 knew Alexander Hutchinson . He is not a defendant . 1 could not identify any of them . The Magistrates informed them of the excited state of the town , and gave them ten minutes in which to disperse . At the lapse of that time they did disperse . 1 think M'C&rtney was there , but 1 can't swear to him . 1 cannot state the number of

    military m the town . . By Mr . Dundas—The people in the Hall of Science dispersed quietly . There were a great number outside . 1 have known 5 , 000 or 6 , 000 persons attend the procession in honour of Hunt's festival . 1 don't think there was any procession at all last year but one . The last time 1 noticed a procession , 1 think 2 , 000 persons would be present . These processions were always known to the authorities . 1 knew on the 15 ih of August last , that no procession would take place . By Mr . Bajnes—1 am not exactly clear about the day when 1 first knew of tho warrant against Mr . O'Connor . Tbo Attorney General—My Lord , 1 will just say that 1 should like to see this warrant produced . Mr . BaineB— 1 merely want to fix the recollection of Mr . Beswick , as to the day on which he first saw the warrant .

    Mr . Beswick—1 am mistaken about the warrant as to Mr . O'Connor . It was against Dr . M'Douall . The Attorney General—1 was so satisfied that no such thing existed , that 1 . inter posed to save my Learned Friend the troublo 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 the burial ground attached to Mr . Seholefield's chapel . 1 remember an announcement being made that a large procession would assemble to commemorate the event , at which

    Mr . O'Connor would be preseut . The procession did take place , and a tea-party was held afterwards . 1 believe it was understood that the monument should be completed by the last anniversary , on the 16 th of August ; when another procession was to take place . 1 believe a placard was posted in the town , stating that in consequence of the excitement in the town , the prooession would not take place . It did not take place . 1 understood from someot the other oonstables that after the proclamation of the Queen , and that of the Magistrates , appeared , p meeting fixed to be held on the premises of the Rev . J . Soholefield , was abandoned .

    We subjoin th& 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 aotuated : — The following is the announcement of the prooession : — " Hunt ' s Monument . —Men of . Manchester , Salford , and the surrounding towns and villages , be at your posts . In conformity with the announcement of the committee in the placards recently issued , we hereby give instructions to be observed on the 16 th otAugusty 1842 , when a grand procession will take place to oelebrate the completion of the monument in memory of the late Henry Hunt , E ^ q . Those trades who resolve to join the prooession are

    requested to meet the members of the National Charter Association , and other friends of Henry Hunt , Esq ., in Stevcnson's-square , precisely at ten o ' clock in the forenoon , Whero the procession , will be formed , and thence march in dueorder , headed and oonduoted by two marshals , through the following streets , namely , Lever-street , Piocadilly , London-road , to Ard wick -green , there to meef . 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-iw ^ wsJl . 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 vicinity , occasioned by the' Turn out for an advance of wages , ' they have decided that the procession , as announced in former bills for the l 6 ch of August , 1842 , will not take pj * ACE < lest it should give an opportunity to increase the excitement , the odium and consequences of which have been attempted to be fixed on the Chartist body The meeting will be held on the premises of the Rev . < J- Soholefield , 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 ' ether delegates at eleven o'clock . " la the mistime , the disturbances having assumed a more form idable appearance , and two proclamations having made their appearance , one b y . the government , in £ be name of the Queen , and the other by the Magistrates of Manchester , the committee issued another placard , prohibiting the meeting on Mr . Seholefield ' s pfemises ; alleging as a reason , that given in the preceding notification . By Mr . O'Connor—Mr . Leaoh ia a newsvender , I am not aware it is a common practice when any printer executee . a placard , to send them to a news-

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    vender . % dont know that I have seen placards at newsvandier ' s doors of a more exciting oharaoter than this ! , _ *• The Attorney-General objected to this question * whioh the Learned Judge held to be irregular , and consequently Mr . O'Connor did not press it . Examination , reBamed— 1 fchqw it . has been your practice for several years to attend demonstrations at Manchester , on the 16 th of August . 1 have seen you there frequently *' ' Those demonstrations were perfectly ] well known to the authoritiesi 1 don t know that th ey were attended by ' any breach . of-the peace . I should say that the tranquUlity of Manchester was restored in about a fortnight after the 9 ib . of August , 1 was confined in the Town Hall , in a ereat measure , for a month , and , therefore , 1 don ' t know so msch about the town as others . 1

    believe the days on which 1 received the worst reoorte . were on the Wednesday , Thursday , and Fnday , theilOfch , llth , and 12 th of August . By Mr . Leach . —1 am not aware that it 13 the custom in Manchester for bill stickers to paste bills on the boards which stand at newsvendera doors . 1 believe you were not at home on the day on , winch 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 , and that Feargus O ^ Conuor , Esq . of Denham Cottage , Hammersmith ,, was the sole proprietor . .

    . ,, „ ,,, ,, _ In answer to a question by Mr . Worfcley , Mr . Drake stated that the declaration was executed in his presence . . ,...-.,. The Attorney-General read the imprint of the Northern Star , and was proceeding to read some extracts ifrom 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 . ,.,.., L j The Court rose at seven o ' clock . It is not 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 . Baion Rolfe took his seat © n the bench at nine o ' clock , i A person in the body of the Court stated to bia Lordship thatjhe had been subptened on behalf of on © of the defendants , but finding that he could not obtain his expencasj be wished to know whether he should be compelled to remain or not ? The Judge replied that he had no jurisdiction in the matter . iThe witness , therefore , must exercise his own discretion as to whether he continued or not .. The Foreman of the Jury asked permission for them to go home by the train at five o ' clock in the evening , and return early on Monday morning . The Jurors had sustained ! much inconvenience , and they hoped hia Lordship would accede to their application .

    The Jubge said 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 the Jury ] and ultimately his Lordship consented not to sit later than five o ' clock The Attorney General then put in a copy of the Norikern ] Star of the 20 th of Aug . 1842 , containing an article addressed to the Chartist public , and which was read by the Attorney * General in his opening speech . [ This article having been read * the Learned Gentleman said that to order to prevent any misunderstanding he begged it to be distinctly understood that the document there alluded to was the address of the Executive Committee . "

    Mr . O'Connor begged to calltbeattention of his Lordship to the fact that the Attorney-General , in his opening speech , told the Jury that the Northern Star , or anything contained in it , could only be evidence against him ( Mr . O'Connor . ) If , therefore , the Attorney-General meant the article which had just been read , to apply to the Executive Address , he must also admit that that onJy applied to him , and not to the rest of the defendants . The Judge—That may be matter of observation to the Jury ; What I take the meaning of the Attorney-General jto be is—that the person who wrote this article in the Northern Star , alluded to the placard , entitled the Address of the Executive Committee . " The Attorney-General—Just ao , my Lord ; and , therefore , I made the observation in the outset , in order that there might be no misunderstanding on tbe peint . !

    His Lordship here announced that as there appeared to be no j possibility of getting through the case for some days to come , be had communicated with the Lord Chancellor , and bad obtained a new commission for Westmoreland , which would set him at liberty for the following week . JamesfBindley , examined by Mr . Hildyard—lam a driver ] of a fly No . 10 , and live at Manchester . Early on the morning of the 16 th of August last , I was employed by Mr . O'Connor to drive him to the residence of Mr . Scholefield , one of the defendants , in Every-street I took him up at the Birmingham station . \ By Mr . ! O'Connor—I know a man called " Pope Joe . " I was not in comt ^ any ¦ with Inspector M'MtolUn , and two cabmen , on Friday last . Thfflre was no converse tion that i we should ail be of one mind as to what we were to say here .

    Robert Bell examined by Mr . Pollock—I was employed by the Manchester police on tbe 16 th of August last . On the evening of that day , I saw Mr . O'Connor go into Mr . Scholtfield ' a 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 . 1 saw him ] go in again a few minutes afterwards . In the afternoon I saw several other peraons leaving—1 should think about twenty . I recognized John Campbell , Christopher Doyle , and M'Cartney , three of the defendants . ' I afterwards saw these three , in company with John Allison , go into the chapel again . Oa Thursday ! morning , the 18 th , I saw Mr . O'Connor . I saw him leaving Mr- Scholefield's , in a cab , accompanied by Mr , Scholefield . They drove in tbe direction of the Birmingham and Manchester railway Bkation . :

    By Mr , Baines—Two other persons were with me id Every-striset . I went there about nine o ' clock . Oo the 17 th , ! I saw the parties going into Mr . Scholefield ' e house at one o ' clock . By Mr . j O'Connor—The first time I saw you was on tbe evening of the 16 tb . I was sent into Every-street , at nine o ' clock , on tbe 16 th , to watch the proceedings of Mr . O'Connor and others . I saw Mr . Suholefield ' s son puttipg up placards , announcing that there would be no meeting in Mr . Scholefleld ' s ground , as had been previously determined upon .

    Thomas Noblett examined by Mr . Wortley—I live at Manchester . My mother keeps a public-house in Whittle-street , called the Queen ' s Stores . I was at home on ; Tuesday , the 16 th of August . I know M'Douall . ' He came to our house about ; nine In the morning , j My mother showed him a room up etairs . Whilst he 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 . ! f 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 . 1 ieaw M'Douall again at six o ' clock in the evening . I went into & 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 . I saw him at

    bis own house , on Tuesday night . I was sent there by Dr . M'DoualL I was to ask if the placards were printed . This would be a little after six o ' clock , soon after be came in . I took back an answer that the type was not ready . M'Douall did not tell me what placard he meant i I know Christopher Doyle , he was in the bar . Be walked through , aud went into the snug to M'Douall . 1 I know Bairstow , one of the defendants . He came to our house about one o ' clock , and went into the snug Also . At dinner time , on Wednesday , I saw Turner , the printer , come to our house , He asked for M'Douall . j I told him he was not in . He stayed for two or three minutes . He had papers under his arm I saw no wore that day . I know a man of tbe name of Wheeler , j He styles himself a printer * On Tuesday night , he was at our house . I am not aware that he asked for anybody .

    By Sergeant Murphy— -Our bouse it a place of entertainment It is situate rather backwards , but it is near to a large market . We do not supply any victuals . Any one that comes in may go into the snug . It is retired , and more comfortable than the bar . By Mr . O'Connor—The house is close , to Oldhamstreet , but ] there is no business doing there : It is a great thoroughfare . The house was as much open on this day as any other . No precaution was taken . Many people went op 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 tne back of tne premises , in order to avoid the crowd .

    By Chriatopher Doyle , a defendantr-One part of tbe house is in Olhdam-street . It is nothing remarkable to seeyoug-oing into the house . You have often been in the habit of coming there to get a glass of ale , or spirits . j . Defendant—A Bodal glass . Just 80 . ( Laughter . ) By M'Cartney—Oldham-atreet ia certainly famous lot the exposure of varioua articles , but not for sale ( laughter . )] I mean that there Is very little custom . For a public bouse , I do not prefer Oldham-atreet I admit that it is a great thoroughfare .

    By James Leach—I have of ten seen yon in © nr house three or four times a week . I did not think there was anything remarkable in your coming in on the 16 th of August . The snug is not the only room that we have where people who wish tope quiet , can go . Ihere is the bar and the newa-room . I have never seen you in any other than quiet and respectable company . The opinion of my mother and sistera was that you were very quiet ,-and honourable in yoor payments , I can't

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    say that your conversation referred to questions of morality and good behaviour . I did not hear what ym mid . ¦ - -- . v ,- ^ - .- ,. ~ .. ' -. i-j » - ,- « ™ Miss Agnew Mary Noblett , examined by Sir GVesn Lewin—I am rjristfr ^ . tb ^ -i / lto ^ fe ^^ jigJj Mtf ) ooalL I remember seeing binir : ini oar , hoisa- ^ Mond ay * the IStht okAagtiSt . H « earned iion ^^ I came again on the following day . He asked my mO ( W if he could have . a rqom , She told ; Win tnevjt ^ om ^ j . unsafe ^ Shedidnot give : any wason ^ hy . ^ Se ; Uim asked to look at it , When he bad done so ^ bs enia tt safeand that he wanted it for about ei

    was , ghteea persons . He remained there . ' . Other .: persona Gam * shortly afterward ^ I knew some of thetn . There ^ ru CampbeU , James I ^ ach , M'Cartney , Christopher DaylT and BairatoWi I saw Mr . O'Connor there that day . r-. it that time the persons I have mentioned were there .. £ 9 was cheered by the pa ^ rty who followed him ; Ho west into the room where Oie gentlemen were . Whtofcs had gone up Btaits , my mother followed ^ and aaid- fcrt the crowd must disperse . Some went down stairs , and toldthecrpwd to goaway . They did go . Those thS remained up stairs were Mr . O'Connor , Dr . M'Donati

    and others , whom I dont recollect Dft M 'DouailiiJ dressed the mob , and told them they must go away " Mr . O'Connor remained until a cab came for bint A person of the name of Baron lives next door to ns . Mr O'Connor went by the back of our bouse to Bar ^ v On the 17 th , Dr . M'DouaU , Campbell , M'Cartn i ^ others , came again . They occupied the snog , jj ^ remained for about an hour and a half , and Went a » aj a few minutes before eleven . By Sergeant Murphy—I have frequently heard jife O'Connor ' s name mentioned . I dont know that he it very popular with the people . The room was eonfi . dered unsafe , the wall beine cracked . ; ^

    By Mr . O'Connor ^ I should say that you were in Qj . house rather more than half an hour . The peonjj were cheering outside . My mother requested that tha wob might be dispersed . I believe you sent for j coach to g © away . I did not hear you tell the ^< 4 to leave , or that you woald leave Manchester a-Hom ther . On the Wednesday evening , Dr . MDonail ^ Campbell were at our house between ten and eleven , and they remained an hour and a-half . I don't fciow the distance between out house and Eveiy-street James Cartledge examined by the Attorney . Qeaajl

    —I live at present in Manchester . I have live d i ^ en tor twenty years . Pa ) t of the time I have wpricaj ia a factory , and part of the time I have beeus ' icto * master . In the beginning of the month of AugngfcijU I was a member of the Chartist body . There wein number of persona who called themselves the Exeeo . tive Committee . There was James Leach , of Jita . cheater , Jonathan Bairatow , John Campbell ; 13 $ Murray M'Douall , and Morgan Williams . OaSaj . day , the seventh of August , I attended a Charts meeting at Oldham . It was held in a room . It ifu & reaular Chartist lecturer ' s meeting . ,- ;

    Mr . O'Connor—I wish to remind your Lordship tijj this man is in the indictment The Attomey- QeiiajJ —I was not aware of the fact , and I am obli ged to Jfe , O'Connor for having mentioned it I had directed 1 noli prosequi . # L This form of proceeding was immediately atfopfej by the Attorney-General . "; , The examination was about to be resumed , when , - Mr . Dundas rose and expressed it as his opinion Qn $ the evidence of the witness , was inadmissible . ' . ! fl g remembered a case before Mr . Baron Boiled , ^ Trt ^ a question arose whether a person against whomsM had been found , could be received as a witness against others accused of the same offence . He took Ua objection now , in order that , if any thfug ' shoulci sftj out of it afterwards , the defendants might hot : lose j& advantage of it 't

    The'Judge—A noli prosequi is as good to thefbt j as an acquittal . - ! if The Attorney-General . —Nothing is moreconnaiai than to apply to the Judge , at the sitting of the court , in order that the party may become a necessary witnea T 1 & Judge—There is no sort of doubt about it . 1 * - Mr . Dundas—I merely mention the' matter hpw ^ la order , as I said before , that we may not lose the sdraa tags of the objection , if-there should be anything In jt The Attorney-General— As an objection has beai taken , in order to be regular , perhaps your LoidiMf will allow tbe witness to ba re-sworn . . : The Judge . —Certainly . Tbe witness was re-sworn accordingly .

    The Judge—Then I have taken a note of tne proceed ings , that the defendants objected to tbe examination of the witness , on the ground that he is in the indictment , —that the Attorney-G-eneral entered a noli . piQseijvi , to discharge Hm from the indictment , —the defendant still objecting . Mr . Dandas—I may just observe , my l ord , that in the case of " The King against Percival , " " ietejj ' j dim . Cases , vol . 1 , p . 151 , the Judge , Mr . 'Bunt Bolland , sent back the bill to tbe grand jury , to ba amended , before he would admit an indicted puty to be heard as a witness . , ; Sir G . Lewin—Bnt in that case the Grand Jary had intimated their intention to throw oat the-Bill against the party . . ;'

    The Judge—I think there is no analogy whalerem th s case and that of "The King against PercivaL " In the latter , tbe question was whether the bill was » good one , ' but here there is no dispute of that kind . Suppose A and B were indicted for a mijdemesnoar , you dont mean to say that B might not be a witness against A . "''''' ; " . The Attorney-General—Certainly not ^ ay lord ,: and I beUeve in puint of Jaw that although it iiamaJ either to obtain an acluittal , or to enter a tidi'ptosiqul , . for the purpose of preventing the snppojiijon tUaVtbe witness labours under any infirmity ; it is peifecBy competent for me to examine this witness without either form .

    Mr . Dandas—I have looked Into the point rathe * more fally , my Lord , and I say that Cartledge 1 b not a good witness , inasmuch as he was put upon his'trlal from the first He was on his trial up to the moment of going into that box . Tne rule of law , I believe , Is this . In " Russell ' s Crown Cases , " vol . 20 , p . 597 , it is laid down that a party may be a witness , providing he be not pat upon his trial at Vie same time as the other defendants . And 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 liis opening , may enter a noli prosequi . But this is not the state of things here . The defendant , Caitiedge , is 00 his trial now , and your Lordship did not know till the moment be was put into the box that he atood in anj other position than that of a defendant

    Mr Wortley—I beg to call your Lordship ' s attention to the last decision in these cases . Iu " Phillips on Evidence , " p . 67 , it is laid dawn that in caws , of misdemeanour , a noli prosequi , entered before-or alter trial , enables the counsel to call a defendant as a witness . .. * - ¦ L Sir G . Lewin—The same rale is laid down in " Starkie on Evidence . " I have frequently knom that where two persons were indicted together , application was made to the Jadge , to have one tried Mo » the other , in order that the second might become * necessary witness against the first ^ The Attorney-General—l am very much ebligedtomy Learned Friends on tbe other Bide , for their anx 1 " ?? guard the prosecu tion agaiDst any objection . Nodou | if this person sho uld afterwards be held ^' Wf i . ™* good witness , they will be entitled to a new trial _ ; mt think I am entitled to examine him . The Judge—I think you are .

    Mr . O'Connor—I submit , my Lord , to tne Attorney General , having entered tbe noli prosequi , has slteiea the record , and tbe issue being a milimus sent dow ? from the Court of Queen ' s Bench , by ^^ ' ^ Judge is obliged to send it back unaltered . 1 am fcharefore , the right of the Attorney-General to maM any , the slightest , alteration in thia record . . The Attorney-General-My Lord , I will jusfc read > note , page 141 , of " Roscoe ' e Criminal Bnaepcv wbicb I think remoyes all donbt in the'natter . ^ iw note ia this : — « ' The evidence of a person who has Mm an accomplice in thft commission of a crime * ^^ V ^ * ° others stand charged , ia generally admitted fif "" ^ against them . If an accomplice be not WP « W jX wAnlri hf , imnosfiihlft to find evidence against theire "*

    est offender . Even where the accomplice tW ^ joined in the flame indictment , still be m aybe ca liea « a witness , f / he be not putmhisirial . Therefore , " «» does not seem to be any objection to the admission 01 ¦ witness in snob cases . " I t appears , therefore , ^ Lord , to be quite competent for me to apply >>¦ J ^ Lordship to direct the Jury to acquit the defendBMI 01 on behalf of the crown , to enter a noli l ™* 2 £ T £ i placing him in the same situation as if be Ma , «*» tried . jr ^ Mr . Atherton—The view which Mr . O'Connor w * taken , my Lord , appears to me to be the ^ fj ^ Zi I contend that the course proposed to be ad ° PJ £ vy the Attorney-General can not be taken on tfitt tw ™> because this is not an indictment returned by tn * *™? Jury , but a munuscript seat down here by « nam ^ » appears upon the record itself . The Attprney-General . —I admit that till tW * jgj aion , I have never entered a noli prosequi on tte raw itself , but I maintain there is nothing , in point oi , m » .

    to render such a course irregular . : ; ^ The Judge—I will give my opinion TOry . WeflMi think , in the first place , that the Attorney G ? ner » i ^ enter a noli prosequi for the benefit ot ^ the :. - gW ? r There can be no prosecution at the suit of tne *^^ , in which it is not competent for , htm to dd ga ^ -L Attorney-General , therefore , miy > nter the « ° ^^ ii .-and get rid of the defendant just as if her na < r « v ^_ been prosecuted . What I % ould suggest , ^^ fl ^ H that instead of entering ianoli prosequi , yon ib ^^^ an acquittal , which ia at all times proper in Bncff ^ , It may , indeed , be essential to the mterests of tna o ^^ defendants that this party should be acquitted . ; vj The Attorney-General-I will take your recoont ^ J tion ] my Lord . -fweoo * Mr . Dandas- ^ I believe the rule is , that a « JT ^' splrator cannot be acquitted till the end 01 » . .

    trial- ,,, t , nsA The Judge—I hold that no co-defendant can be w » onsHchapoint k ^ nrnti Mr . O'Connor—The ground on which the ; Atw ™ £ General consented to the acquittal of the <* »^ Wilde , was , that he had nothing against him . ^ in the case of Cartledge , he has something ag »^ him . ( Continued in mr Seventh page . )

    Untitled Article

    fi THE NORTHERN STAR , J -S

• 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-ncseproduct925/page/6/