Star. — London, England, 1819-10-04 00:00:00

CORONER'S INQUEST ON JOHN LEES. a~ ,k OLDHAM, SATURDAY, OCTOBER 2. (Evidence cuntinued4 At nine o'clock the Jury answered to their names. Mr. BARROW, a New Bailey attorney, stated, that as 31r. Ashworth was not well he appeared there for him, and got permission to have the examination of Mr. Davenport, the last witness on Wednesday, left open till Monday, as Mr. Ashworth wished to ask 11'm some questions. Coaosaa.—ls any person in the room for ne Ti , nes? - Mr. Evans.—l am here to take notes for The Times. Connuatt.—What is your name? Evans.—My name is Evans. CORONER.—Then I forbid you to take a single note. And, Mr. Finnerty, you are forbidden to take a note, for the Morning Chronicle contains a very incorrect account of the proceedings, and this is aggravated by your saying that you had complied with the in junction. Mr. Finnerty.--The Morning Chronicle only co pied from The Times, as every Paper must do when once another Paper publishes. Conowatt.—No, it is not a copy from The Times; for to do The 'limes justice, it is more correct. You say that I asked many impertinent and trifling ques tions, without mentioning the questions. He then read parts of the opinions of Lord Ellen borough, Mr. Justice Bayley, Mr. Justice Abbott, and Mr. Justice Holroyd, as stated when they granted a rule for a criminal information in the case of Street. (Commenting was, however, the precise word used by the Judges as the ground of complaint.) Mr. BARROW submitted, that if it were only a copy from another Paper it was equally a violation. Mr. Evans.—ln the case of Street, it is only com ments that are complained of. Now, The Times has made no comments whatever upon the evidence.— You acknowledge that the evidence is correctly given; I therefore hope that you will not forbid the taking of notes for it. CORONER.—I do forbid it. I understand you have used great haste in getting the accounts of the first clay conveyed to tOwn. You have been very criminal. Mr. Evans.—l did use haste ; but the evidence being correct, I hope you will not on that account forbid the taking of notes. Coaoxsa.—There are omissions, of which r see the object. Mr. Evans.—l believe the report is as correct as any report of the kind can be. In giving the evi dence of Dr. Cox, it was impossible to be quite full, as lie spoke in such a very low tone of voice. Mr. Finnerty still contended that the Morning Chronicle had not violated the injunction. The CORONER charged the Morning Chronicle with gross misrepresentation of the first proceediugs in that place, and with incorrect representations of the pro ceedings now ; and added, " I do not envy the head or the - heart of the Editor of that Paper, or of you." Mr. Finnerty appealed against the decision. CORONER.—You may appeal. Mr. Evans again requested that notes might be taken for The 'L'imes. CORONER—No, not one. He then inquired again the names and objects of all who took any notes. Mr. BARROW now said that he understood the evi dence was limited. Mr. HARMER begged to read a case which was strikingly applicable to the present, in order to save future discussion. In Plowden's Pleas of the Crown, the opinions of the Judges at an Assize in Salop, in the Ist of Mary, respecting the trial of persons upon an indictment for aiding and abetting the murder of one Oliver, in Montgomeryshire. The objection was, that the principal in the first degree, that is the per son who inflicted the wound, had not been found or tried, and, therefore, that the alleged abettors could not be tried. All the Judges held, that the aiders and abettors were to be tried as principals, not only in law, but in deed ; for by their numbers and strength they prevented the deceased from making the defence which he might have otherwise made, and which might have saved his life. Mr. BARROW professed diffidence in arguing a pcint of law in the absence of Mr. Ashworth ; but maintained that the cases were different, inasmuch as the principal in the case referred to was known, but not in the present case. Mr. HARMER replied, (after having contended with the Coroner for his right to reply) and argued that the discovery or conviction of the principal in tl:e first degree was immaterial to the question. If the persons accused had, by their numbers, strength, and aid, prevented the deceased from making the defence he might otherwise have made against the individual who struck the blow, they were principals in the second degree, and as guilty as the person who actually struck. _ _ CoitortEn— . I think that there can be no accessories without a principal. Mr. HARMER—No, they are principals in the se cond degree, and not accessories. CORONER—I see Mr. Ross now suggesting to you. Mr. HA RNIER-4 desire no suggestion. CORONER—But you see now that I was correct, when I said that he assisted you. Mr. Ross—You was not correct at the timi you made that assertion. CottoNEß—l desire you to be silent, Mr. Ross. Mr. Ross—Sir, 1 shall not be charged with a false hood without contradicting it. CORONER—I shall have you turned out of the room, unless you be quiet. The Court then proceeded with the Inquest. Sarah Lees, an interesting young girl, dressed in genteel mourning, was the first witness called. She stated herself to be the sister of the deceased. Her account of her brother's appearance on his return from the Manchester Meeting on the 16th of August, id of his situation up to the time of his death, cor tiven by her mother, and which published. In the course of this Harmer was charged by the Coro ming to alter some of the witness's farmer denied this, and mildly, but that be was incapable of the con him. His only object and wish was and to obtain justice. was Daniel Kennedy, a journey deposed to having been employed of Deansgate, Manchester, to of the Yeomanry Cavalry. It was in July. During the week.ending the 17 th July , he had sharpened 60. They were ordered to be made very sharp, and he made' them so. - There were but a few sharpened after that peridd. The Yeomanry brought theistswords and took them away when done. Swords had been brought to the shop on other occasions to be cleaned, but he got no par ticular directions about sharpening them. Mr. Harmer hiving repeated one of the witness's answers somewhat differently from the way in which it had been uttered — The CORONER said, Mr. HEMET, you shew too much zeal—a zeal which will be fatal to the object you wish to attain. I have already cautioned you to , day on this head. I know very well what your mo tives are in doing this, but they will be defeated. Mr. HA RN! ER --GOD forbid, Sir, that I should be defeated in my object; for I seek only for justice, and that I hope is the feeling by which 'we are all actuated. The witness was cross-examined by Mr. BARROW, but nothing material was elicited from him. Thomas Padmore being sworn, said he had seen some of the Yeomanry Cavalry at Pickford's, near St. Peter's Church, and some more in Portland •street, on the 16th August. The Officers were righting and lefting the men ; then they stood for half an hour, after which they were ordered to load their pistols ; they did so, and replaced them in their holsters.— After a little time they were ordered to draw ; they instantly drew their swords, and galloped fu' iouslx towards Peter's-field. They appeared as if they were mad, and frightened the people very much. He was much alarmed and went to his house; he saw no snore that day. Examined by Mr. HARMER-It was Mr. Trafford and Mr. Birley who were ordering the Yeomanry.— He knew Mr. Birley before, but not Mr. Trafford. Mr. BARROW objected to those questions ; they only went to fix a serious charge on two Gentlemen, without any just ground for so doing. The CORONER was of the same opinion. He saw no reason why such an examination should be allowed. He must therefore stop It. Mr. HARMER—&GOD forbid, Sir, that I should at tempt to affix any charge on those Gentlemen un justly. By this witness I shew that Major Trafford and Captain Birley were commanding the Cavalry, and I mean to bring evidence of their having been acting in Peter's-fie!d with them. The CORONER refused to allow the examination. Mr. HA ftsiza (handing in a written paper)—There, Sir, is what this witness.can prove. If you think that it ought not to be stated, you will have the goodness to hand it back to me. CORONER—What! do you take the depositions of witnesses before they come into Court? L understood you to say differently the other day. Mr. HARMER said, he did, as it was his duty, in quire in many cases what witnesses could prove. He' had, however, on a former occasion, truly said, that many witnesses were brought forward of whose tes timony he had no previous - knowledge. The CORONER read over the evidence, and asked witness if it was correct? Witness replied—lt is ; but there is one thing which I forgot to state. While the Cavalry were standing in Portland -street, a man rode down, as if from Mr. Buxton's house (where the Magistrates were stationed on the 16th), and handed a letter to' Mr. Birley. CORONER—Yon do not know but it was from the Post-office. Witness—Mr. Birley gave it to Major Trafford, who opened and read it • Mr. Birley looking over him, and reading a l s o. Having read the letter, the Officers turned to the men, and ordering them to draw, galloped up the street, followed by the whole party. Witness was asked a few questions by Mr. Barrow, but from the very low tone in which he spoke we could not hear his answers. Peter Drummond was next called. He stated as follows :—I am a weaver, residing in Strong-street, Manchester. I was in Peter's-field on the 16th of August. I heard that Mr. Hunt was coming up Moseley-street, and I went to see him. I found, how ever, that he was not there, and so I returned to Pe ter's-field, round the Cottage wall. There I saw a number of people with flags. I went round, and stood near Mr. Buxton's house. I saw a double line of Constables standing in open column ; they extend ed nearly to the hustings. Nadin and another Gen tleman were walking between them. I stood within sixteen yards of Mr. Buxton's house. I saw a Gen tleman come in haste, as if from the back of the house, to the front window, which he opened, and said to the Constables, " Gentlemen, be ready, the Boroughreeves and soldiers are coming." I thought there was danger, and I retired a little. On looking to my right, I saw the Cavalry gallop into Peter s• field. They were beaded by a trumpeter, and went on two by two. They halted and formed into a half circle. The Meeting gave them three cheers, which the Yeomanry returned, flourishing their swords ;-- then they cut away right and left, through Constables and all, to the hustings. I did not see any one cut, several were knocked down; but I could not see whether they were cut or not. I thought there was danger, and so I went to the house of my brother-in law, which is near Peter's-field. After that I went home, but I returned in the evening, and saw the people removing the cart. The soldiers were gallop ing through the several streets, and driving the people into the houses. The reason I returned was to look for my mother. To a question from Mr. HARMER.---I do not know the man whom I saw at Mr. Buxton's ; he was a good looking man. Cross-examined by Mr. BARROW.—When the Meeting gave three cheers, they were in good hu mour ; but the Cavalry appeared angry, they looked very pale, and I think there was a great deal of in toxication among them. I think so, because I saw them roll about on their horses. Mr. Bennow.—Probably they were bad horsemen. Witness.—Why I do not think they were very good ones—(a laugh ). I did not tell p u bli c l y w h at I have now stated ; 1 only told those who asked me ; I told Mr. Denison; on my oath, he did not write it. An other person did. I did not answer this at first, be cause I did not understand you. I have not so many quirks as you have ; I can tell a plain tale. I do not know that my statement has appeared in print ; I never heard of its being so. I know the Constables stood in open column, because I saw them. I Was once a soldier, but only for a little bit ; about six weeks or so ; I never wore•a red coat, I was only a recruit. John cell, of No. 1, Union-street, Ancoats-street, Minebester, said, that he was on. St. Peter's Area about eleven o'clock on Monday the 16th of August ; that he went near to the hustings, and then he ob served two lines of Constables formed from the hust ings to near Mr. Buxton's house; this induced him to go to the top end of them, to see what was meant by such arrangement, when a Gentleman said to him " there are the Magistrates," pointing to a window in the second story, where 'he saw Mr. Hay, Mr. Fletcher, Mr. Wright, and several others ; after he had stood here a considerable time, a Magistrate, as he supposes, called out, "The Boroughreeve of Man chester is wanted," who came out of the passage be tween the lines of constables, and went into the house, and up stairs, when they put down the window.— Some time after this it was said from the same win dow, that Mr. Nadin was wanted, who also came out of the afore-named passage, went into the house and up stairs. Several other persons, whom he did not know, passed and repassed the same way several times. Soon after this the people on his side of the Meeting began to fly, when one of the Constables, seeing nothing, said, " It is a false alarm, but you'll see something immediately." Shortly after this a bugle sounded, and presently appeared the Yeomanry Cavalry, and halted before the Magistrates' window, when they brandished their swords, gave three cheers,' and a voice ftom the window said—" Forward 1" upon which they put spurs into their horses, and set ofF full speed amongst the people, and to the bust ings, cutting the people on both sides of their horses, 'as far as they could reach. One of the Yeomanry got possession of a flag, which he waved in triumph before the window where the Magistrates were; the, Hussars presently followed the Yeomanry, and tbe Cheshire also followed them, and two pieces of artil lery brought up the rear. One of the Constables upon the hustings took up the President's Chair, and laid upon those remaining on the hustings therewith, until he had driven them all off ; he retired, and went off before Messrs. Hunt and Johnson were ar rived at Mr. Buxton's house. The Trumpeter, and, as he understands, Mr. Birley, led the Cavalry on. Cross-examined by Mr. BARROW.—He saw one man struck with a sword, and bleeding ; he did not know by whom. He also saw a woman much cut and bleeding. The crowd had flags with various in scriptions on them. Mr. HARMER said, that if questions of this kind were asked, he would inquire whether the Meeting was not of a most quiet and orderly description? This was overruled. Witness said, that he never knew any assembly conducted in a more quiet manner. Mr. BA aßow—What! Did you ever hear cheering in a Church ? Witness—" Yes ; and fighting in a Church also!" Ann Booth stated, that she had seen two persons wounded by sabre cuts—one in the Quakers' yard, and the other on the steps of the gate ; she also saw a third wounded; the two first wounds were inflicted by John Hulme. Witness was going on to say who inflicted the third, when she was interrupted by the CORONER, who said that such testimony was inappli cable to this case. Upon a question, however, from Mr. HARMER,, witness stated, that he Yeoman to whom she alluded was Meagher, the Trumpeter. After a few farther questions, and some controversy between the CORONER and Mr. HARMER, the witness was dismissed as irrelevant. Elizabeth Farren deposed in substance to the case which we have already inserted ; but she was not per mitted to state the name of the person from whom, she stated in the published case, that she received her wounds. Ann Croft, Nathan Broadhurst, and Margaret Goodwin, deposed to the facts which have been already published, but each was pronounced irrele vant to the case before the Court. Goodwin identified Thomas Shelmerdine, as the person from whom she received her wounds, but she had scarcely pronounced the name, when the Coroner angrily interposed, and observed, that that was not relevant testimony. William Butterworth, who appeared with his arm in a sling and his coat over his shoulder, looking ex tremely pale ani emaciated, deposed, that he was pursued-from the hustings to the wall of the Quakers' burying-ground, near which he received two sabre wounds. The person who wounded him was John Hulme. Here the CORONER exclaimed, that this was not relevant evidence to the present case, especially as the wounds were inflicted so far from the hustings. Mr. HARMER contended for the admissibility,of the evidence, and Mr. BARROW on the contrary. The CORONER decided that the evidence was inad missible. Alice Kersley stated, that she received two cuts from a sabre, one of which ne ar ly cut off her ear. She stated, that she received these wounds from Meagher, the Trumpeter. Here the Coroner exclaimed, that such evidence was not admissible in this case. The witness, in answer to a question from Mr. Harmer, stated that she was 71 years of age. CORONER—These things have no connexion with the case before the Court, or the death of J. Lees. Mr. ILtarota--Such facts are strictly relevant, be cause they serve to chew the disposition of the Yeo manry, to whom the death of John Lees is attribut able. But this case will again come before a Court of Law, and I hope bef.ne a Court of Justice. William Cheetham, saw Mr. Hunt taken into cus tody, and the Cavalry charge upon the people, upon whom several wounds were inflicted. Witness was severely wounded by Meagher, the Trumpet er . Martha Robi nson deposed, hat sha.was wounded at the corner of St. Peter's-field. She said she knew by whom she was wounded, but the Coroner would not permit her to tell, particularly as she received the wound at the distance of 50 or 60 yards from the 'hustings. One Of the Jury asked, whether the Members of the Jury were not competent to decide as to what evidence ought to be received? The CORONER answered in the negative, observing. that he was the sole judge as to the admissibility of evidence. Another of the Jury asked, whether a Juryman was not competent to give evidence? and if so, whe ther he should be sworn in open Court, or at liberty to gire the information he possessed to his fellow Jurors? Mr. HARiliElt said, and the Coroner concurred with him in the opinion, that the Juryma n , i n must be sworn in open Court. Mr. HARMER asked the Coroner, vrh e ' t h t seen the body of John Lee s , as it washis d uty ; . ` 0; done?—CORONER. I give no answer to tlr- Mr. HARMER—DO you decline to answe r h.. CORONER—I give no answer to that gti tst i ee. ' About six o'clock the Court adjourned i t o o'clock on Monday morning. In the course of the proceedings on Vb . ( evening, loud and repeated tapping: at the , the spectators' part of the room disturbed The Coroner ordered the offending pe rol brought before him. A very respectatic Gentleman was dragged forward. lie said 1 ; i, was Baxter, that he was very anxious to hc zr deuce, but that he had not now rapped lit h e The Coroner dismissed him with a repri ma . A. Mr. BAXTER—May I now go into the me m other end CORONER—No ; it is too crowded a'.wad; Mr. BAXTER—May I remain here? CORONER—No, indeed, you may not. A young man stochl up among the audlence, said, " I shall go out, and give him my seat." Mr. Mellor (the constable)—.-These are standing who have a right to sit, if the seats by those who now sit. The whole group exclaimed with one voice, “;, let the Gentleman sit." CORONER—NO, the room is sufficiently f.1:1. The Gantlenian was thrust out. At the risiL the Court the Gentleman was again dragged b et , the Coroner by Chadwick, the constable, who nal that he had excited a young girl to knock at door; the Gentleman positively denied this,and, that he had been taken into custody by this conz because he defied him, and refused to bear thr lence which he supposed his office entitled him to CORONER—Your conduct, Sir, has been moil proper. - Mr. BAXTER—Sir, I have not acted as ht I can produce evidence that it is a falso and invent charge. I have been (taking out a gold watt':) to than an hour in custody. CORONER—I believe the charge. Mr. BAXTER—You believe, then, what is Do you acknowledge that it was by your authc: that I was taken into custody? CORONER —Yes. I gave authority to take person who disturbed the Court into custody. Mr. BAXTER —I did not disturb it. CORONER—Do you promise that you will yourself differently in future? _ _ Mr. BAXTER—iCo, Sir : I did not act imps and I cannot promise to act differently. This question and this answer were repeated least six times. At length, the CORONER asked—" Will you peaceable and orderly hereafter, and not diAtr . Court ?" Mr. BAXTER—Certainly. I have not dis and I shall not disturb it.—Discharged. As Mr. HARMER returned to Manchester, cheered by large groups, who lined the road seven miles, at intervals, with lighted candle on the tops of their heads. CLERICAL INTELLIGENCE. Chester Cathedral, which is still in course of I. opened on Sunday se'nnight for Divine Service. Tir for Holy Orders were numerous. The folloning were • PRIESTS. • George Goodwill, Thomas Ro)ds, A.B. of Mist' , Cambridge. John Oldershaw, A.B. of Emanuel College, Cambridge. Frederick Parry, John Theobalds, Jcserh Kitchen, Jefe Hebden, Charles , Bishop Hughes, A.B. of Queen's Coll. 4. Abraham Cuppage, Wilbraham Bootle Guest, John Roy son, William Hodgson, Joseph Newton, A.B. of &John', lege, Cambridge. Thomas Dean. na.temss. William Wyviti, A.B. of Trinity College, Cambridge. Robert Taylor, Christopher Thornborrow Tex:on, 11 Bowman, Joseph floclkinson, A.M. of Brasennose Con. Oafi James Pedder, A.B. of Christ's College, Cambridge. William Whitley, A.B. of Brasennose College, Oxford. Thos. Greenwood, Henry Fiehien, of Ernanu;l i7o!lege, Carl William Dawson, Thomas Ainsworth, A.B. of 'Priai:l• r lege, Cambridge. John Morton, Henry Bowman Bacon, A.B. d:t!o. William Taylor, S.C.L. of Magdalen College, Oxford. Thomas Sturges Mills, of Mai - dale* Oxford. Thomas Todhunter, ohn Messenger. ECCLESIASTICAL PROMOTIONS. The Bishop of St. Asaph has promoted the Rev. V. son to the Rectory of Llansilin, Denbighshire. The Rev. Thomas Caithorpe Illofield, M.A. is pron . the Vicarage of lloveton St. Peter, with ll:Acton St. Jr nexed, Norfolk. The Rev. G. J. Davies, Head Master of the Grammar Hull, to the perpetual Curacy cf Sutton, Yorkshir , . The Rev. Edward Paske, M.A. to the Vicarage. of Si Herts. Rev. C. N. Nlitchell, of . Langattock House, near MOT!:::.) has been appointed by the Bishop of Landaff, 1L:.1 De-a the lower division of the Abergavenny Deanery. coutt v y . o ß f o C w h l e li st l e d r, H o i n ii, th il e f. p Rectory tio A r . e t se o n t t h a e n f th e CT. e ‘ IT br i T 1 first incumbent to the Rectory, which was created by th . : Parliament for inclosing the F ores t of Delamere. eo ilst..l--e• BIRTHS. On the 23d ultimo, at Limerick, the lady of John Etioch, of the Royal Welch Fusileers, of a son. At the Vicarage, Walthamstow, the Lady of the rer• Hughes, of a son. MARRIED. At Romsey, the Rev. J. Jetwey, to Mka Doswell, both that place. The Archdeacon of Kildare, eldest son of the Bisho p dare, to Anne, eldest daughter of Owsley Rowley, o f friary, St. Neoes, DuntitiOnnshire. Thursday, at Reading, the Rev. James Crowther, A.): Ann, third daughter of the late John Rainier, Faq of Re. 11 Berks. DIED. The 27th ultimo, at Lower Wick, near Worcester, aged years, Georgina, only daughter of Captain LeW l6 13 " C° ' l ' °lj East Aliddlestx Regiment, late 36th Regiment. Aged SC, the Rev. John Broome, perpetual Curate of Ford ampton and the adjoining parish of Chacelev, Worcestersb.rr• At Shepton allallett, alter a short i11n4.46, the Ilev.:ose,4l IL Squirt:. Thursday, at Clapton, is the 46tb year of his JO the lieu. Th,,roh;ll Kid. September 22, at Edinburgh, Jane Hay Mateelm, wi fr ° Dr. llennen, Deputy Inspector of liespitals, North Britain- Tuesday at his mother's house, Dear o:fwd.:. 41, the Rev. William P age , D.D. late Head Master of ll , ' minster School, and form e rly Student of Christ Chtn.ch, OJT Friday, at Middle D e al lioase, Kent, aged 77,, tarns; wird Iggulden, Wednesclay, at West Lodge Enfield, Ruah, relict of Abel Vyvysn, of the l lon. E21;11, India ComPaals Kl 6". 1-11 G H. W ATER at LOS DON RTEI S G 0 W 1 3 • Mc ruing- Afu min . - 40 --- - - - LON DON; Printed antrpublisite4 by I en kw': Place. Tenvle- Oat. . .tad of his situation t responded with that I . has already been p examination, Mr. IL ner with enderavourii answers. Mr. Harp firmly ; observed, tit; duct imputed to him to elicit the truth, at • The next witness man cutler. He del bj Mr. Richardson, Za:pen the swords in er a, '-' :tom , 'cluLl that c , vre t . i t? ILlcstio n , Le t t 660 n L tae' led ti. l „ • p tatic loc • ssaida / hear the at the d .1 .e :WM Tad.; • audienr e a „ seat." 7d e are oth seats are'. e voice, a N tly t the rising s. ragged e, who state; 'll knock at this, and sat this constab', bear the in , . ed bim to UA T been most i.• 1 as be state, T and inven tl I watch) tcce lat is net tn . !. 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