The Sun. — London, England, 1839-08-05 00:00:00

EVEN IN G EDITION. BIIImINGHAM RIOTS WARWICK ASSIZES. ' ~'~ ~~~ j ;•• mob is guilty of the offence with which they have been charged. Every one cannot do the same thing, but if they are there for the common purpose, they are an swerable." There was a verdict of guilty against all the prisoners. Now, Gentlemen, it will be for you to say upon SATURDAY EVENING. the evidence which I shall shortly glance at, for you will The proceedings in the case of the persons concerned hear the particulars from the witnesses, whether these phi in the riots at Birmingham were continued this morn- soners were or were not guilty of aiding and a b e tting in ing. At nine o'clock, the Learned Judge having taken the perpetration of this offence. Gentlemen, with regard his seat, and the Jury having been called over; the follow prisoner appear that he was a very to the Howel, it will ing prisoners were placed at the bar : marked person, being lame, and using a crutch. He was Jeremiah Howel, 34 ; Francis Roberts, 26 ; John observed by a considerable number of persons from that peculiarity. It will appear that he was in Digbeth, along Jones, 21 ; Thomas Aston, 15 ; and Henry Wilkes, 21, with the mob, and afterwards in the Bull. ring, taking au were indicted, for that they, on the 15th of July last, at active part in the riot, flourishing his stick, and using ex Birmingham, did, to the number of 2,000 and more, un- pressions tbat I will not detail to you. It will likewise lawfully assemble together, to the disturbance of the appear upon the evidence of the witnesses who will be called public peace, and being so assembled did feloniously, before you, that Howell actually assishnedbiinhbreaking into front of M aa r d unlawfully, and by force pull down and demolish a cer- t s h ee e n h t o o use. i He h i a n d d s e om o e li instrument i hand, and Bourne's tab house, belonging to James and Henry Bourne. windows, with it a view demolishing getTi g ng into and destroying it. The second count charged them with beginning to pnll down and demolish, and another count laid the house , With regard to Roberts, the evidence is that he was seen to be the property of Henry Pounteney. joining in the mob, throwing stones; and with regard to Jones, it will appear that he, shortly before the demolition Mr. MILLER appeared for Jones and Mr. DANIEL began, was seen making use of his handkerchief as a flag; on behalf of Wilkes. that he put it on a stick, and held it up in a conspicuous The ATTORNEY-GENERAL then addressed the Jury as situation, and made use of expressions for the purpose of follows:—Gentlemen of the Jury—The prisoners stand encouraging the (nob. With regard to Wilkes, it will ap. indicted upon an Act of Parliament passed in the 7th and pear that he was of the party that assembled at Holloway. Bth year of the reign of his late Majesty King George the head; that he there made use of expressions which you IV. It is one of those Acts introduced into Parliament by will hear from the witnesses, but which I shall not repeat Sir Robert Peel, when he was Minister for the Home to you, lest there might be any inaccuracy in my instruc- Department ; it was brought in by him, and I have at all tions; that he appeared as their leader from Hoiloway-head times been ready to acknowledge the obligations under to the Bull-ring—that he gave the word of command, in a which he has laid the country for those improvements in street called Smallbrook-street, to halt, and that he then the criminal law of England. Gentlemen, by the Bth proceeded down to Digbeth, and he will be shown in a section of this Act of Parliament, which I believe is the variety of occasions mixing with the mob, and taking a re-enactment substantially of a former statute, it is en- very active part. This, Gentlemen, is a short outline of acted, " That if any persons riotously and tumultuously the case lam instructed to lay before you. You will very assembled together, to the disturbance of the public peace anxiously and carefully watch the evidence as it has been shall unlawfully, and with fire demolish, pull down and introduced to you. Upon that your verdict will be destroy, or begin to demolish, pull down and destroy, founded. I hope I have stated the case in a any house, out-house, stable, coach-house, warehouse, calm and temperate tone and manner, becoming a Court of or other building, every such offender shall be guilty of Justice, and in the case of men on their trial for a capital a felony, and being convicted thereof shall suffer death as charge. I have, to the best of my ability, confined my se lf a felon " Gentlemen, this is a capital offence. You will t o the simple statement of the question you will have to observe that it is an offence of a very serious nature, and decide. The evidence will now be called, and you will of a very alarming description, requiring to be repressed have to say whether the prisoners are guilty or not. Gen and punished with great severity. It consists of persons tlemen, this is an offence of a very serious description. being riotously and tumultuously assembled—that is the Where it has been committed, and where there is satisfac first ingredient, and the offence consists in persons so riot. tory proof tendered to the Jury, the interests of justice re ously and tumultously assembled, pulling down, or be- quire that punishment should take place. lam sure you ginning to pull down, with the intention of destroying, any will do your duty, not only with impartiality but with firm. dwelling house, shop, or warehouse, or the property ness, an d t h at I, the country will have no reason to complain therein. Gentlemen, this is a proceeding of a most alarm- of the verdict it will be your duty to give. ing description, because when a mob are so assembled, and The following witnesses were then called : that they once begin to destroy a house, thus setting the Henry Bourne, examined by Mr. BALGUY— I live in law at defiance, it is impossible to say where the outrage High-street, Birmingham, St. Martin's Parish, occupying may end, and to repress so serious an offence this law has premises, house, and warehouses. lam a tea dealer and been passed, which remains unaltered. Gentlemen, grocer, James Bourne is my partner in the business. The the criminal code of the country has been hap- state of Birmingham previous to the 15th of July was pily mitigated, but still, however, this is an of- much excited, and in the neighbourhood where I live parti fence of so alarming a nature, that it has been thought cularly so. On the 15th, in the evening, I saw a great fit to make it a capital offence, subject always to a merci- number of people collected at eight o'clock, in Digbeth, a ful interference by the prerogative of the Crown. Gen- street leading out from the Bull-ring. My retail premises tlemen, you are to say whether the prisoners at the bar, or are situated in the High-street, and my warehouses in any of them, are guilty of the crime laid to their charge. Moore-street. They communicate with the Bull ring. I will, Gentlemen, briefly and simply state to you the evi- I did not observe them assemble before eight o'clock, and I dente which I am instructed will be laid before you, to. was busy posting my books till then. It was about the substantiate the charge and prove them guilty. OF course, usual time of closing, and seeing so many collected, I or- Gentlemen, you will not regard my statement in the slight- , dered to shut up quickly. My shop a nd house were fasten e d est degree, except in so far as it m'y introduce the evi- with bolts and bars, and made secure. I after closing went dance to you. It is upon the evidence'given by the wit- up stairs and looked out of the windows, and I saw a great nesses upon their oaths, and upon that alone, your verdict many persons, about 100, walking towards the public is to be determined. Gentlemen, the circumstances in office, which is about thirty or forty yards from my question occurred on Monday, the 15th of July, in the town house. I saw the windows of the public office broken, of Birmingham, in this county ; and I will confine They t h en attacke d my premises, they broke my windows, myself strictly and care f u lly t o th e circumstances and then the shutters. They first attacked the premises in attending the charge which has been brought against these Moore -street, by breaking the shutters of the shop. The prisoners. Gentlemen, it will appear, as lam instructed, premises are all under one roof. They then broke the that there was a meeting of a disorderly description be- windows and the frames of the shop, after they had got tween 7 and 8 o'clock on the evening of Monday, the 15th the shutters down. They then entered the shop, and de of July, at Holloway-head, which is a place adjoining to 1 molished every thing. I mean, by demolishing every thing, the town of Birmingham ; and there were also persons as- making them unfit for use, by throwing the goods about sembled in the Bull-ring, which is near St. Martin's the shop. There were stones flyin about, and I feared Church. Gentlemen, the principal part of those whom I that our lives were in danger. I had g four of my men, pre must describe as the mob were at Holloway-head, and came vious to this, stationed at my warehouse door, four at the from that place through the streets of the town to the front door, four at the private entr :nee, and others in the Bull-rin g . Thi s was ebeut eight e'clock. They proceedad passages. I have two female servants and a housekeeper, along a plac e called Digbeth, and they returned by it to who were up stairs. They remained there about half an the Bull-ring. Gentlemen, by this time they were armed hour, and quitted about a quarter before the firing took irs various ways with bludgeot,s and sticks, and they had place ; all the persons I have earned w• re on the pre. got possession of same iron rails which had been removed, ibises when the stones came in. The stones were 1 believe, from a fence round a churchyard. They were of all sorts, and were numberless. P e rs o ns h a d 0 aidueting themselves in a very tumu l tuous manner, and, of into m shop a great many ; from the shop the is y I before said, they came up Digb e th i nto t h e Buil-ring, entered the y othe r remises. The shop was full at one and then they went up 'Moore -street, which is a s t reet run - time, and there wee others outside in great numbers. Did ning at right angles with the public office, and th e y th en not know what they used to break the shop • stones in proceeded to the public office, the windows of which they very great numbers came. I h ear d a k noc ki ng ,. but could demolished. Unfortunately, Gentlemen, they were left form no idea of the weapons used. There was a great altogether uncontrolled, and the mob was left in possession confusion and shouting, and when they got in they hur ot this part of the town for the 3pace of an hour and a rahed. I then went to the public office ; the females went quarter. Hiving breken the windows of the public to a friend ' s house; and most of the young men accompa office, and use d express i ons that will be detailed nied me to the public office. My premises were then left to you by the witnesses, they returned down Moore- totally unprotected. I did return very soon. It was about street again into the Bull-ring. This, Gentlemen, is aan hour before we got assistance 1 found, on my return, correct plan of that part of the town (showing a plan) that my premises were on fire • the shop was burning, and a d you ca n s ee u p i on it the acute t a k en b y t h e mo b t h roug h it appeared to have been burnin g some time. It seemed .Moore-street to the oublie office add back again to the as if the shop was completely burned ;no one could enter; Peall-ring. At the corner of Moore-street and the Bull ring w as t h e s h op an d ware h ouse o f the Messrs. Bourne, house had then taken fire, but not the upper part. 'Rho are extens i ve w h o l esa l e an d reta il eia- d ealers and gro- There were not more than two hundred or three ce rs. Th e Messrs. Bieurne, along with other shopkeepers hundred persons about the h ouse when I returned. I did end intiabitente of this part o f th e town, hart been very not hear h hing. The premises were at last much alarmed by p rev i ous procee di ngs ; and they had shut burned. t T em he B : y ho a l n e yt of the shop and the household de up their shops and to era the fronts wi-h iron bars ; and partment were entirely consumed, and the warehouse very Mr. Bourn e , wh o b a d a numerous este bli s h ment, stationed much injured. Part of the roof fell in. The engines 16 or 18 of his young men In d:fr ••rent parts of the pre- were used to extinguish the fire, as soon, as they could be mises by way cf protection, and to watch what got, and they succeeded in extinguishing it. Th er e were attempts might be mad e . Th e mo b, a f ter return- two or three used onm y premises. I saw Leggett's pre ing from the public office, began to attack the premises of th e M sei ses Mews. Bour ne , w hi c h f ront the seses on fire. The Counsel asked how far Leggett's premises were Bull-ling and Moore -street. With the instruments they had proeureJ—hammers and iron bars, and other weapons, they ()E MI- Daniels begged to interpose as Legget's premises broke the windows—th.cy threw stones, which came into the were n . not included in the indictment. house, and exceedingly alarmed the family. The females Mr. MILLER argued in support of the objection. of the family were oblFged, at an early hour, to retreat from Witness, in answer to a question from the Bench, said the premises, but the men remained behind until the mob Legget's premises were on fire before his own. had actually broke open the whole of the front of the house. The JUDGE overruled the objection. They smashed the veindowe and sashes of the whole front Examination resumed—The intermediate premises were of the shop. They then entered, and when they had on fire. Legget's premises were set fire to before my own. entered, they uttered a loud shout. Mr. Bourne imme. Cross-examined by Mr. MILLER for Jones—The win diately retreated and. all those who were in charge of the dews of the public office were broken in the same street. house thinking their lives in danger. The mob having so The premises are in the joint occupation of myself and entered began to pihatre the property that was in the house. brother. We are both married, and have families. The Other portions of flue mob broke into the houses adjoining two families do not live on the premises. My brother particularly the house -of Mr. Leggett, which was four doors off. They broke into thi s h ouse , an d se i ze d upon the pro. and myself live the r e, our f am ili es occupy diff erent houses perty contained in it, and c a r r i e d it out i nto t h e B ull-rind, They lighted a fire in; front of the hous e , an d u p on t h e fire The shop and war e h ouse are i n our j o i nt occupat i on — t h e house o is over h ve t r the shop, there all thereer constitute istiteuet partne h over ou the ware they threw the prope rt-y they had brought from these differ- h all u c e oin * but munica e te p i r n em ternally. I did noet o leave the e premises Ty ent shops. Not conl:cnted with that, they carried fire into the shop of Mr. Bou rne , a n d like w is e i n t o th a t o f Mr, before some of my goods were c arr i e d o ff i n t o t h e street. Mrother and self mes sleen emises. Leggett. That fire immediately communicated to the Th y e b young men of the someti establishment liv o e in the the pr house. promises of Mr. Boutene, and it will turn out that materials There was a great deal of my property carried away; my were thrown upon thee - flame for the purpose of increasing the shop is not very large but very well stocked. I heard the conflagration. The coat sequence was that the premises of the windows of that office broken. I went then to seek Messrs. Bourne and tse . Mr. Leggett were speedily all in a blaze, and these prose et lings continued till about a quarter or asis ance Several of the London police were there. twenty minutes before ten o'clock. At last the police excitement before the of aßir m tingh a .m had been in a state . 15th. Was not aware that tbat the excitment was in and the military were call e d upon—the engines were sent for, and they played ehpon t ae fl am i ng ru i ns, and ultimate creased subsequently to the evening of the 4th of J u ly. I l would not swear that the excitement had b een ex t en d e d about one or two o'clock in th e morn i ng, the flames werye* extinguished. At - that time, Gentlemen, there was subsequently to the 4th July. nothing but the bridle walls of Mr. Bourne's house re- Mr. MILLER asked if he had not heard complaints about the interference of Magistrates and London police, at the maining. Under these circum s t ances I h ave no h es i tation in saying, under the dir ec ti on o f hi s L or d sh i p, that the meeting of the 4th. corpus delicti, as the /awy ers t erm i t , t h e b o d y of theoffence, The ATTORNEI-GENERAL o bj ec t e d t o th e quest i on , as was committed, because th ere were a number of persons being irrelevant. riotously and tumultuously assembled, and they not only MILLER contended for his right t o the a nswer . begun to demoli s h, Taut they actually did d emo li s h and T M h r e . JUDGE decided in his favour. destroy the ho u s e o f .M r . B ourne. G entlemen, I think Cross-examination resumed.—H e h a d no t h ear d any that is by no means enoug h to justify me in calling complaints against the Ma g ist ra t es an d p o li ce f or dispers upon you for a verdict against any of the pri- ing the meeting of tbe evening of the 4th July. Had ne soners, although the offence seems unquestionably to ver heard expressions of feeling on the subject. The fire have been committed. You will narrowly watch the at th time.mThouse commenc e d i n th e s h op . I was not present at proceedings, in order to asc er t a i n w h et h er t h ere b e any grounds for believing that these pers ons were i mp li cate d in Cross-examined by Mr. DANIEL on behalf o f Wilk es .—l the offence. Before I glance at the evidence with w hi c h I have lived in Birmingham ten years. I have occupied the • • prennhes eigears. I cannot say how long ihis since am furnished I will k Birmingham ht ha y s not been excited by public meetings, but state very shortly my view of the law upon this subject. they were not such as the present business. The former It is not necessary in order to prove these prisoners guilty meetings were held at Newhall-hill. I never attended that they should be shown to have had hammers or other any meetings of Political Unions. I cautiously ab weapons in their hands, or that they bad actually, by mus- stained from them, not wishing to meddle with cular exertion, broke into the house of Mr. Bourne; nor politics. I had enough to do to mind my businesss. I is it necessary that I should show you that they had takenthe public office for assistance,• went' to fire or torches in their hands and applied flames for the hour. Did not know of my own knowledge that Leggett's purpose of consuming the premises. If they are abetting ' rin the act that was done by oth ers , th en , i n po i nt of law, pre ' ses were fired first, but I state it on respectabl e they are guilty of the offence ; an d th e ma i n question with authority. By the ATTORNEY. GENERAL—I could not say exactly regard to most of these prisoners will be whether they when these meetings comm ence d i n t h e B u ll- r i ng . P er h aps were not actually abetting tho se w h o with their o wn b an d twelve months. Th e f ormer meet i ngs were h el d on waste were committing the offence. With regar d to the evidence on this point, I find it laid down by A firers ground outside th e t own . I never remember of any pre mises being fired in Birmingham previous to the 15th of of the, g reatest authority on the subject, in Haw bins' Pleas of vie Crown, chapter 29, section 8...... Ju y Edward Bleadon Adams, examined by Mr. HILL.—I am "It doth not seem necessary to the making an abettor a clerk of St. Paul's Chael, I was in the Bull-rin on the Principal that th e p erson o n whom the felony i s comm i tted p g should be under any terror from the abetment, and by rea- 15th July, at eight o'clock. I saw a great number of peo son thereof discou aged from making that defence F i le. I was stationed at the corner of Newmarket House. which otherwise he mignt have made. But it seems to be he people were coming up in large numbers from three sufficient for fact is encouraged and emboldened in it stones thrown among the from the hopes I saw * a vast number of of present and intinedi ate people. I went into Mr Tay whether from the abbettor, fors house, and stood at the drawing-room windows. It whether he be within view o a f d a . s t s h i e s Tact or not. And upon is part of the Market-house. There were about from this ground it huh been judged that where persona 2,000 to 3,000 people in the Bull-ring. They moved to combined together to stand by one another in the breach war ds the public office. I could not then see them, but of the peace, with a general r o e f solution to resist all op- heard them make a great noise. They, in a short time, posers, and in the execution are e t u h a e l i l r y d p e r s i i , g , e n i p a ai m s, u t r h d o e u r i s s committed, all the company came back into the Bull-ring. I saw them commence at the time of the fact some deliberately to destroy Mr. Bourne's shutters, They had tance as to be out of view." e them were at such a disk previously sent a shower of stones at his windows. In And the like bath been adjudged in :el at i on to all thos e breaking the shutters they used bludgeons, bought . ; of trees, who accompany one another with an intent to commit a rails, and pieces of iron. They appeared to be pieces of burglary, in the execution whereof some st a and to watch esgtardetually break pallisades. They attacked other shops at the same time, only, in the adjacent, places, . and the r to the crime and broke their shutters and windows. At Mr. Bourne's and enter the house." So that with re tside equally some shop the lower part of the shop window was open. The of burglary, those who merely watch house, of shutters were broken to splinters. There appeared to be guilty with the parties who break and enter the re persons standing on the back of the window the felony charged. That is, they having on handing out the things to those without. The things those veli -t' ci• united with the persons who breake rnetropose, and bein h appeared to be fruit boxes. They were not like house, and intending to ass , st and encourage tea boxes. They carried them into the Bull actually perpetuate the offence. I shall now merely read ring and broke them to pieces. I could not say they were a few sentences from the charge of Baron Gurney in the empty boxes. They passed them from band to hand, and Case of the King v. Batt, tried in 1834, where several per_ were placed near Nelson's monument. They then broke sons were indicted under this very Act of the 7th and Bth oapfen in a similar manner the shop of Mr. Legget, who is George IV., Section 8. Baron Gurney says to the. Jury...._ b edather. merchant. They brought out of his shop rolls of Mr. Justice LITTLEDALE—W hat book, Mr. Attorney ? e -ticking. They unrolled them where the broken The ATTORNEY- GENERAL.—The sixth volume of " Car. boxes_wehe. They carried them down to where they had rington and Payne's Reports." The question arose in this depositeddo onotkn t o he other plunder, and set fire to the heap. I where s they got the light, but I saw them case, wheiher where the mob had one purpose besides feeding it and saw it up. They piled the shop and carTrihede shut pulling down, and that they likewise pull down or began ters on the fire. _d ticking was lighted, and I saw to pull down, that was an offence within the Act of Parlia- pieces of lighted bed ticking into o id t p h i e ece s s ho o p f w of ood iu t e a ss k r e s n . Baron Gurney ruled that it was, ifthey intende4 to pull from the fire, - -4401; If they might have another object in view. Bourne and Legatee succeeded in setting fire 11 . 3: If you are of opinion that this mob began to to the shops. They madye attempts on other shops, h eo.et itand intended ho pull down and to proceed . to . where they did -41 R 4 not succeed, but sbo s p u a cc i e n de w d hic i h n elistno is le house if theyhadnot been interrupted, either s hop of M. Bankes, a chemist. — iht4ech .f Weller The .. e . , . having his pay-table there, or from they did not succeed, were on the • g s je , .... Mk house frequented opposite de I could •and used by the men work- not say whose they were, but I saw the brands * e ete r‘ei ~ ter price, the offence has been committed. And the fire in the Ring towards the direction of carried from it 'le promulgated that each and the Nelson ak every one of the Hotel. This occupied about 55 minutes. They began THE SUE, LONDON, MONDAY, AUGINT 5, 1839. about 7 minutes to 9. At 10 minutes to 10 I went to the public office. I made my escape out of Mr. Taylor's back windows. The next house was attacked, and Mr. Taylor's family were alarmed. I saw Dragoons at the public office, I saw them galloping down Moore-street, as if from the barracks ; they went into the Bull-ring, and I followed them. They began to disperse the mob instantly. I was on duty till two o'clock in the Ring, and all was quiet, so far as I could see. The mob were entirely gone at that time. Cross-examined by Mr. DANIEL—I am clerk to the chapelry of St. Paul, which belongs to St. Martin's parish. ' I know Broad-street; I don't recollect a meeting there in May, 1838. I heard of the return of the Delegates from Glasgow at that time. The prisoners declined to ask the witness any questionw. John Hyam, cross-examined by Mr. WADDINOTON-. I am a victualler, residing at Birmingham. lam a collec tor of the market tolls. On the evening of the 15th July I was on the top of the Market Hall. I could see from it the upper part of Digbeth, and a portion of the Bull-ring. I could also see Mr. Bourne's premises. I saw the mob, or a portion of them, march up Moore-street and rush back again. When they came back two things occurred at tree same instant. A portion of the mob rushed up the Bull ring, breaking windows as they went along—there was considerable noise. I lseard also the noise of the glass falling, but I don't know what they broke the windows with. Another portion of the mob commenced an attatsk upon the shutters of Mr. Bourne's house. I could not see what the weapons were from the dis tance and elevation at which I was, but I could hear the noise against the shutters. They were a few minutes forcing the shutters before they broke them in, the resistance of the shutters being very great. An entrance was effected as soon as the shutters were broken, the windows being broken. I saw some go in, and immis diately afterwards things were thrown out. That appeared to be a general demolition of the property. Both the windows were brokeln in and torn down. The whole ap peared to be demolished, and the shop left open to thee street. I know that. by having seen the people go in and throw the things out. I afterwards saw goods rolled ont of Mr. Leggett's shop, and spread like a carpeting across the Bull-ring; they were rolls of cloth of some description. It was then carried below Nelson's monument. In a short time afterwards, I saw the pile in flames. I saw es person with a stick or some other weapon carrying a portion of the fire to Mr. Bourne's shop. He thre w it off his stick when he got near the door, and some persons standing near threw it into the shop. They began then to put things upon it ; that was besidie the shop, and shortly afterward the shop was in flamest. The same process wo .s gone through with respect to throe other shops. The policemen arrived afterwards in about an hour or an hour and a quarter after the first attack upon Bourne's shop. The noise while these proceedings were going on was not so considerable as might be expec - ted from so large a number of persons. There was cheer ing, partially, and oo easionally, but nothing like a general shout. I heard no aspressions of disapprobation. Cross-examined try Mr. MILLER—Was on the Market place roof. I could not at that distance distinguish all the noises that might oti cur in a crowd. I could not hear conversations of cour, se. I was inside in the Market Hal on the evening of tilt 4th of July, when the conflict took place between the people and the police. I have heard expressions both of approbation and disapprobation from many persons as to 'the conduct of the police on the occa sion. There are tuna sides to every question. Cross-examined b y Mr. DANIEL—I recollect something about the meeting 'of the Delegates in May, 1838, but cannot state anything positively. I know there were meetings of Delegate s in the streets, but I was not present. I was sworn to my d epositions before the Magistrates, but was not examined. I attended at the Hen and Chickens by the order of the police officer, and made deposition:: before Mr. Maule. I never appeared against Wilkes or any other individual. Enos Edwards exa mined by the ATTORNEY- GENERAL—. I am an engineer to the Birmingham Fire-office. I was on duty on the evenin g of Monday, the 15th of July last. Our station is about tioo or 900 yards from the Bull-ring, or about a quarter of a mile. About nine o'clock the en gines were sent for. We opened the gate to get out the engine. There was a great mob outside the premises, and they stood in a solid tan iss, blocking up the street. I heard several persons say " they are bringing it (the engine) out ; we will smash it up." The agent then ordered me not to get it out till the military came up. Mr. DANIEL said it was ruled in cases like the present. that before any expressions were proved against a person, be should be identified as having taken part in the pro ceedings. Mr. Justice LITTL.'SDALE said it had so been held, but the contrary was also decided. He would abide by Baron Alderson's ruling, although, he did not approve of it. Mr. DANIEL contended that the Attorney. General had no right to cast a prejudice upon the prisoner, by °Wiring such evidence now, when there might be a question of identity hereafter raised. The ATTORNEY- GM JERAL submitted that he had a right to form the corpus delicti in the present case, without establishing the identity of the prisoner. Mr. Justice 1.. ITTLEWALE thought it might be as well not to press it, as the 0( ieurrence had taken place a quarter of a mile from the Oar e where the transaction took place. Examination resumed.—The military arrived in about half an hour, and we proceeded to the Bull-ring. Mr. Bourne's house was on fire from the top to the bottom, every room being in ;flames. Mr. Leggett's was also in flames. We began to play on the flames, and two other engines were afterwards brought. The flames were ex tinguished about half past one. There was a good supply of water. When we arrived the - flames were spreading. but it was a very 'dark and still night. if there had been much wind we could not have stopped the fire. Cross-examined by Mr. DA NIEL.—I was before the Magistrates. I did not see Wilkes or any other person there. I don't know any of them. My business was to go and put the fire out.—(A laugh.) Eneas Edwards Younger, examined by Mr. BeLocte Mr. DANIEL moved that the other witnesses should be placed beyond hearing, but within call. Witness.—l was in the employ of the Birmingham Fire Office on the 15th of July. Went out with the second engine got the horses from the Hen and Chickens. I wore my fireman's dress. I saw on my way from the office, going to the Hen and Chickens, a great mob, and while I was crossing the street, a man from the crowd came to me, and knocked me down with an iron bar. I was then going for horses. As soon as I recovered myself I made the best of my way to the Hen and Chickens yard, and tackled my horses. I brought out one with me, and the same man came to me at New-street again. There was a great crowd running about. The man undid the throat lash of the horses and was in the act of taking the bridle from the horses' heads. Ile did not succeed, for:I knocked him down with my staff. I then went on with the horses through Union-passage, on my way to the fire office The passage runs from New-street to Bull-street. The mob was running in all directions. When I got to the end of Union-passage, I found a mob of 25 to 30. They said the engine was gone and they blocked up the road. Richard Harley, examined by Mr. HILL—I live in St. Martin's-lane, Birmingham. I was in the Bull-ring at eight in the evening, standing at the corner ol Park-street, near the Red Lion. I saw at least 1,000 people coming up Dig beth, going towards Moore.street. They passed me ; the greater part of them had bludgeons. They halted in the Bull-ring by Moore-street. I noticed in particular one in dividual. That individual was Joseph Howell, (the wit ness here pointed him out.) He had a bludgeon on his shoulder. He was going towards Moore-street. He passed within three or four yards of me. I noticed him in particular, from his having only one leg and a crutch. I did not see what became of him, he passed through with the rest of the crowd. I then went to the White Hart, where I could see into the Bull-ring ; that was about twenty minutes after. The people halted in Moore-street. I did not see them move afterwards. I heard the windows broken, and I saw things flying about the lamps. I saw a fire in the Bull-ring near the Monument. o l Hf s t th w wien t l h gl. e .. m I c l a st : carrying a in tsh g ea b t fi h or e fire about tbalan blaze h o e ou light b e i l t ionreex T t t h sh e aa r wt e I H wa had o s a well h se e the ap ie, following day in prison. I have no doubt whatever that the prisoner at the bar is the man whom I saw with the bludgeon on his shoulder. By the prisoner —I did not see you do anything only walking with the rest with the bludgeon on your shoulder. It was about eight or a little after. I believe you had a brown coat on, I am not certain as to the colour, but you had a coat on. - Charles Wheaton examined by Mr. WADDINGTON—A was servant at the White Hart, in the Bull-ring. I was standing at the front door on the 15th of July. I saw a great concourse of people going towards Deritend. They were not armed at that time. I closed the door of the White Hart, and went up to a window. I afterwards saw another concourse of people going to. wards the Bull-ring by Digbeth. There were at least 1,000 walking in a body, not in procession. They were then armed with bludgeons. Among them I saw Howell ; he was marching in the middle of the street, with a bind aeon on his left shoulder ; I noticed him particularly, from his having a crutch ; he halted for a short time op posite the White Hart; he turned round and seemed to speak to the people behind. Did not hear what he said. He turned round towards Digbeth and proceeded to the Bull-ring, in the direction of Messrs. Bourne's house. Thenty minutes after I heard the windows breaking. I kept my station, and saw them throwing missiles at the Nelson Tavern ; the mob were also using sticks. I left the White Hart', and I saw several men and boys carrying things, which I supposed had been taken from Messrs. Bourne's shop. The shop had been - broken, but the fire had not begun. By the prisoner—l now identify you by your having one leg, and by your features. It appeared to be a brown coat that you wore. I did not see you do anything. James Inglis, examined by the ATTORNEY- GINERAL—I am clerk to a solicitor at Birmingham. On Monday, 15th July last, I was in Spiceall-street, opposite St. Martin's Church, opposite the Bull-ring. It was about eight o'clock. I saw a great number of persons passing St. Martin's-lane, coming in the direction from Holloway head. There were many hundreds of them. They were walking in procession from four to six abreast. Some of them had staves. Some of them looked to me like pallisading. I went into the Black Boy, which is at the corner of St. Martin's•lane. I went into the Club -room on the first floor, where I had a view into the Bull-ring. There were not many people in the Bull-ring then, but they kept increasing until nine o'clock, till there were several hundreds. I know Messrs. Bourne's house very well. I was within 150 yards of it. I heard a noise of rapping against the shutters. I think it was made by stones, as I saw them getting up stones in the Bull-ring. They were large stones, paving stones. I heard a great noise and hurrahing, and I heard the windows smashed. I saw part of the mob come down Spiceall-street, with some pieces of bed-ticking. They unrolled it, and spread it across Spiceall-street, Digbeth-street, and St. Martin's• lane. I supposed that this 'lad been done to prevent any one from following them. I saw the pri soner Howell coming down, along with the crowd. Howell had a large club or a piece of a railing in his hand. I saw him give signals with it, waving it in the air. The lamp right under :he where I was, was immediately broken by a stone. All Mr. Seudamere's windows at the opposite corner were broken in. I saw Howell afterwards return up Spiceall street towards the Bull-ring. There were a great mans persons with him, and he was taking the lead in every transaction I saw him in. I saw a fire near the Monument not many minutes after they had re turned. I saw the mob carrying cloth, and straw, and many things carried to the fire, but I can't tell what they were. I saw Mr. Bourne's house on fire in about twenty minutes atter the fire was lighted in the Bull-ring. I re mained at the window till one o'clock in the morning, arid the fire was not then extinguished. The roof was burnt , in. I saw Howell next day going up to the prison between two dragoons. I recognised him in a moment as the per son I had seen the previous evening. I have not the least doubt the person now at the bar is the man. Cross-examined by Mr. MILLER.—I heard there was a good deal of excitement among the working men of Bir mingham in consequence of the dispersion of the meeting on the evening of the 4th of July by the London Police. There were many meetings held in the Bull-ring before the 4th of July. By Mr. DANIEL.—I know nothing about the Delegates coming back from Glasgow. I heard rumours of the Town hall being refused to the people. In answer to questions from Howell, the witness said he saw him distinctly flourishing his stick. Charles Atkins examined by Mr. BALOUY.—I was in the service of Mr. Bourne on the night of the 15th July, I saw the mob there about the house. I went up to my own bedroom about 20 minutes past 8. At thattime nothing had been done to Mr. Bourne's house. I saw from my own room window the prisoner Howell. He had a crutch and only one leg. I saw him lean against the gates of Mr. Hill's house at the opposite corner, and look up towards our house. He went then to the middle of Moore street, and encouraged the mob to go towards the public office. I heard him say " Come on my boys!" He flourished his crutch in the air and went towards the mob. They did not appear to attend to what he said. Cross-examined by Mr. MILLER.—HoweII was standing cn one leg when he flourisded his crutch. He was standing not walking. Henry Gibbs, examined by Mr. HILL.—I was staying at the on the evening of the 15th July, White Har t heard of the people from Digbeth to " White Hart was then closed and shut up sho a p is shooting . Birmingham I went to my bed-room window. It was on the first "r Theng floor facing the street. It was then about a quarter past eight. All the people were armed, some with bludgeons and the greater part of the boys from twelve to seventeen with sugar staves. I saw an axe with one of them. It was the only deadly weapon I saw, and I took a sketch of it on a card. They halted opposite the White Hart, and I noticed particularly the prisoner Howell. From where he was standing there were loud shouts of " Come along, you damned London police." He went up well, with long scrides, aeross to Moore -street, and then swung round upon his crutch, and then looking down Digbeth, raised his crutch, moving it round in the air, and hurraed, on which he was joined by all about him. He then went on towards Moore-street, and the shout was " Come on my boys." I then removed to the top of the house there and had a view of the Bull-ring. I could plainly see the attack on Mr. Bourne's house. I saw as I believe the man with the axe cleaving into Bourne's shutters. There was no cross-examination of the witness. James Stephens examined by Mr. WADDINGTON—I am employed by Mr. Croley, a timber merchant. I was in Mr. Belcher's shop on the night of the 15th July. The shop was shut up when the mob assembled. Belcher's is three doors from Mr. Bournee's I could see through the shutters, and about half an hour after the mob came the attack commenced on Mr. Bourne's shutters. I heard the thumping and knocking very distinctly. Shortly after wards Leggett's shop was attacked. I heard shouting from the mob both before and after the attack. I saw Howell among the mob before they broke in, or had begun the attack. He was three or four yards from Leggett's shop, in the carriage way. He had a stick in his hand and was waving it round his head. They were then going to attack Leggett's premises, and they did attack it immedi ately afterwards. I then lost sight of Howell. Cross-examined by Mr. DANIEL. —I live in Birming. ham. I know nothing of meetings having taken place in Broad-street. Joseph Jones examined by the A TTOTOTEY- GENERAL. lam 14 years of age. I work with Mr. Pearson, a nail. cutter, at Walstone. I was in the Bull-ring on the evenine of the 15th July, when Bourne's prsmises were destroyed. I saw Howell there close by Air. Bourne's shop. He had an axe or bar in his hand, vrith which he was breaking Mr. Bourne's shop window-strutters. I saw other persons breaking the windows. I saw Howell first do so, and then I saw others. I saw him come into the middle of the horse-way, and he waved his hat and hurrahed. He was in the middle of the road ; the rest then went and helped him to break the shutters. They broke them to pieces, arid afterwards burned them. I saw fire lighted in the middle of the Bull. ring. They carried the light into Mr. Bourne's shop and set fire to it. I saw it on fire. I saw Howell then in the hoeese-road, and he was dancing about, while they were settin g it on fire. By the prisoner—l belh Ne it was the coat you now wear. It was a good deal like that coat in form. Examination resumed--I have no doubt of the prisoner. Cross-examined by Mr. I )ANIEL.—I never was at any of the meetings before. Ic, tine straight from home. The ATTORNEY- GENERAL Ratid that closed the individual evidence against elovrell. William Hall, one of the Birmingham police was then called. I was at the public office on the 15th of July. I saw the mob come to the po lice-office; they were armed with weapons of all descriptio ass ; there were 1,000 or more of them. I did not see the m break any windows. The London police were called in by the Superintendent. I was at the gate, and was poi; stied out with many oaths and threats, and I thought it nece st ary to make my exit. I went to the Bull-ring about half -past nine ; I found a great number of persons throwing slot les, shouting, and retreat ing, in consequence of the Lot don police coming down upon them. I saw fire at Mr. L eggett's shop, and likewise near the Monument ; larF'e pieces of ticking and shutters were burning. T'hi sy were then throwing stones at Bourne's shop. I saw Francis Roberts there ; he was very busy en gaged in throwing some thing. I am sure Francis Roberts was the man. I have seen him' at the public naeetings, in tne Bull-ring, and at the public office. He - I, ras a regular pillar at the meeting. I saw him next mo rn ing at eight o'clock at Mr. Bourne's shop, looking about a d reconnoitering. I then took him into custody. Cross. examined by Mr. Mt, do not know any thing about the meeting of the Delegates from Glasgow. Ido not know that that there , was any excitement about their return. I know there se a some excitement about these men—the Delegates, or C hartists, whatever you may please to call them. There has been a great excitement for the last two or three months; . It might be longer, I could not say positively. Ido not recollect of a meeting being convened by Mr. Munt.e, in Broad-street. I recole lect the meeting, but Ido no t. know for what purpose it was called. I know by heart tay that the Town Hall was offered to the people to mei ;t in for Si. by the Magis trates. , Cross-examined by Robe rts.— I saw you at Spiceall t street, by St. Martin's-le ine. I can swear to you, having known you a long tin le. I was within 10 yards of you. It was my duty to tell you the charge against you, and your answer was, " Th lit you was net there at all." I never asked you whether yi au had been in the Bull-ring when I took you. The witness explained to I he Court the reason why he had not taken the prisoner at t the time, was that he con sidered his life would be in jeopardy if he had attempted it. Thomas Rose examined by Mr. WADDINGTON.—I live in Moore-street. I was there on Monday 15th July, stand ing at my own door, opposit( ; Mr. Bourne's, at half-past eight. I saw the people coming up from Digbeth. They stopped at the corns r of Moore -street, and they made a stand. They we re waving weapons. They moved to the public office, an d began to break the windows. They were mostly armed s pith bludgeons. I saw the prisoner Jones at the corn( ir of Moore-street. He was running out of the Bull-rin g. There was upwards of a hundred with him. He cart , ied a handkerchief on a stick. He waved it, and called to the mob to come on. I saw the mob return to the corn( sr at Mr. Bourne's. Jones was with them there. I saw him go up and come down the street with the mob. He was stil I waving the handkerchief. I have known him for three yi t ars. I know him by his work ing in Moore -street. Whe n the mob came to a halt they knocked in Mr. Bourne's w indows with stones and sticks, and then they began upon t' he shutters. I saw them break into the shop, and throw th e goods out on the street. I saw fire thrown into the sho p, and I went with Mr. Bourne to the public office. I sa w the people carry the fire into the shop, and put it unde r the counter, which is made of wood, and it came to a bla: se. I did not see Jones after he came down the street wit h the mob. It was that mob which attached Bourne's h .nose. I came from the police office, and went round th e corner at Mr. Bourne's shop, which was on fire. I saw a young man come through the shop window of Mrs. M artin, which is next door to Bourne's. Mrs. Martin is a jeweller and silversmith. The young man was the pt isoner, Thomas Aston. He ran away to make his es , rape. I followed him, and knocked him down, and took him into custody. He was searched, and silver s ,pons and other articles were found on him, which had been taken from Mrs. Mar tin's shop. The prisoner I vas searched immediately in the public office. Mrs. Marti) a on the following day saw the articles, and identified then t. Cross-examined by Mr. , MILLER.—When I was exa mined regarding Jones th en, and again on the Thursday, I was equally certain of h is identity and the handkerchief on the first examination. He was committed on Tuesday, but I signed no depositiot I then. I signed my deposition on Thursday. I had hart l no doubt whatever that he was the man on my first exam (nation. I was not taken up to r r o a s s di e s x t r a e m e it . n Iliad d by Mr bu sin agoaxrraemt,inwohere him. Broad-street. he and othi srs were confine d, on the Tuesda y to not me k et nw i o ng n Mr Do on what occa s i on t h e mei sting was held. I did not h ear any speeches mad e . I was not there ten minutes. .a a N t t h is a L t .— wa l y was . I at do a I could not tell within a hi dred or two how many were of them. Could not say lo " they walked, but they w ent through the streets the mo. public thoroughfares. That might be about a year ago. Could not tell who spoke at the meeting. I have heard it said that Mr. Attwood and Mr. Muntz had spoken at the t ,ame meeting. Eliz. Martin examined by N fr. WADDINOTON—I keep a jeweller's shop next door to MI Bourne's premises. Some articles were produc e d to me 1 t y Harris, an officer, which had been in my shop on t h e 15 th July. The property was produced in Court, a n d t h e IF ' loess identified the articles. [The witness here was r se; tiled, and she identified the articles.] Charles Beache.—l am an iron merchant, in Moore street. On 15th July J v as a sectional leader of the con stables. In the evening) ( went in the direction of Hollo way-head, as fir as Stria llbrook-street. It was between seven and eight o'cloc S. I saw at the top of the street a crowd of people running by E set. r row, leading from 110110 way. The Row seemed full of them, and many of th em had staffs or bludgeons in their hands. They we re advancing to the Bull-ring, arid then part of them tut need into Suffolk-street, in the direction of the Town-hall I was standing at the Opposite side of Suffolk-west on the top of some steps, where I had a full view of all the partici t: The crowd was so great I looked out for a place of 8, 1 fety. I saw the prisoner Wilkes among them. I knew him, fi v;og lward Lito of, n address the, mob in the Bull-ring. He got on the steps very near me, and the first word he said was " halt." The word " halt" was repeated by the people, but he was the first. They did halt. I heard him tell them to form and go in a body on the Warwick-road, which would lead them in the direction of the Bull-ring, by Smallbrook sti eet. They did go in a body. I lost sight of him as soon as he left the steps. I then went to the corner of Smallbrook-street, and I could see the whole street filled with people, from one end to the other. Cross-examined by Mr. DANIEL.—I believe it was said that Collins and Lovett were expected back that night. Alfred Webb, examined by the ATTORNEY- GENERAL--. I am a stationer in the Bull-ring. I was at Holloway head on the Monday. I saw Wilkes there a little past seven. There were 2,000 or 3,000 persons there. I was within thirty-five yards of him, and could hear him distinctly. He said too much time had been lost in speaking ; the time was now come to act. He said they must act now decisively. He said he did not wish to run the people into unnecessary danger, but they must prepare themselves. He alluded to the previous riot on Thursday week. He said it was well for the police men that they, the people, were not then armed. He said that they were not yet strong enough to meet the soldiers ; but if the streets were barricaded and the railroad de stroyed, they would not have anything to fear from them. He said 200,000 were armed, ready to march at a moment's notice from the North to join them at Birmingham. The people then said—We are ready, now we will go on. He was speaking when I lett, about 20 minutes to 8. Hol loway-head is fully a mile from the Bullring. Cross-examined by Mr. DANIEL.—The reason I was at the meeting was, hearing a man with a bell calling it. Had not heard violent speeches at any other meetings but those in the Bull-ring. I have lived in Birmingham two months. I was till then living in London and at Ipswich. I never heard any meetings but in the Bull-ring. By. Mr. MILLER. —I believe there has been a very great excitement among the labouring classes against the Lon don police. Charles Moore examined by Mr BALGUY—I am a street keeper at the Bull-ring. I was there on the 15th of July from seven till about eight. I saw a mob of persons, between 400 and 500, halt at Digbeth. They proceeded towards the Bull-ring. I saw Wilkes in front of them. I am sure be was the man, because I have known him some time. After nine o'clock I again returned to the Bull ring. When I left first there was no mischief done. Be tween nine and ten o'clock Bourne's house was on fire. Cross-examined by Mr. DANIEL.—The meetings at Newhall-hill were more numerously attended than at Hol loway-head. They met very frequently. I could not say that many respectable people attended them. Had never heard any complaints about them, and had never heard a bell sent round to give intimation of them taking place. Thomas Hall examined by Mr. HILL—I am a street keeper at the New Market. On Monday, the 18th of July, I was in the Buhl-ring. The evidence of this wit ness was generally nearly the same as the preceding wit ness. He identified Wilkes as having seen him come out from the crowd near Nelson's Monument. He was above the Monument when I first saw him. He then mounted the Hall steps, where he remained about five minutes. It was near eight o'clock. I had known Wilkes for three months. I gave directions to Partridge, one of the New Market constables, about him, to look after him. The constable came, but he was gone. At half-past eight I was at the public office, when they began to break the windows. Charles Smith—l am a street-keeper. I was on duty at the end of New-street on the Monday, and I saw the prisoner Wilkes. He was talking to the crowd. It was about half-past eight. Cross-examined by Mr. DANIEL.—I was once attacked at a Chartist meeting, when I took a young man into custody for striking a woman. I was very ill used, and Wilkes protected me, and he behaved very well. Charles Evans—l am a street-keeper in High-street, Birmingham. His evidence was in substance the same as the others. I saw among the crowd Henry Wilkes, he was in front, with one on each side of him, and a vast number were following him. As he came up he pointed towards Mr. Savage's shop. He went a few yards in that position. He also pointed to Deakin's shop. A few minutes after I saw a man run across and strike at Hutton's shop. And then a few minutes after I saw them strike at Savage's and Deakin's shops with sticks and stones. They were throwing at them. A few minutes after that I saw them knocking with bludgeons at Bourne's shutters. Cross-examined by Mr. DANIEL.—I could not 'say with in ten minutes, or a quarter of an hour, as to the time. He was in conversation when I first saw him going up the street. He was walking in a contrary direction from Mr. Bourne's, and continued in that direction as long as I saw him. Ido not know that he lives in Whittall-street, but he was walking in that direction. I did not see him after wards. It was after he had left and gone, that the riot began. When the attack on the shutters was made, it was two minutes after I lost sight of him. By the ATTORNEY-GENERAL.—The persons who were with him, were within a fetv yards of him, and must have heard what he said. They were looking in the direction in which he was pointing. Henry Monre Griffiths—l am a solicitor in Birmingham. I know Bourne's premises, they are situated in the parish of Birmingham. The borough is one parish for all other purposes, but it is divided into districts, called parishes, for ecclesiastical purposes. Mr. DANIEL made some objections as to the parish not being described at St. Martin's parish, in the indictment. The ATTORNEY-GENERAT. resumed the examination of the witness. I have lived in Birmingham all my life. I have been clerk to the Magistrates for eight years. There is a parish called Birmingham, and I always call it so when I have occasion to write. Bourne's premises are situated in the parish of Birmingham. It is so generally called. There is one poor rate and one board for the whole, and the vestry is held for the whole. The ATTORNEY-GENERAL then said—This my Lord is the case for the prosecution. The evidence had occupied upwards of seven hours and a half. Mr. MILLER argued for the objection. He contended that the venue had not been definitely laid down in the indictment. The COURT overruled the objection. The Jury were allowed to retire for a few minutes. Mr. MILLER, on behalf of the prisoner Jones, rose to address the Jury. He remarked the sense of the heavy responsibility with which he was impressed, seeing that his client was not being tried for a simple misdemeanor, but on a charge which, if proved,. by law would constitute a capital offence, and consequently he could not but feel that the safety of one if not of more of the prisoners was entrusted to his feeble protection. He had only to address the Jury on behalf of the prisoner Jones, but necessarily the observations which it would be his duty to make must either be for good or for evil, and affect the interest of all the other prisoners. He would, however, not mix up his client's case with that of the others. The array of Coun sel, with the presence of the Attorney-General, that had been brought against the prisoner at the bar would satisfy the Jury of the importance that was attached to the result of the trials, and he hoped it would induce them to view the evidence with the most favourable consideration. Every topic that could be urged against them would be pressed by the Attorney-General. He did not mean to say they would he improperly urged, but they would be urged with plausibility and simplicity, and with that dan gerous tact which might not only be fatal to guilt, but which might be dangerous even to innocence. The Jury ought to bear in mind that even facts were not to be relied on without examination, for every fact could be made to bear two ways, just as it was represented; and there was no man more skilled than the Attorney-General who could make the worse appear the better reason. The Attorney- General could, besides, claim the right of reply to the very simple, and perhaps noteless observations of these prisoners, who were without that small solace which Counsel might have afforded them. The Jury ought also to bear in mind that the whole resources of . the Treasury had been laid open to get up the evidence. Every step had been taken to secure a conviction by the command of talent and arrangement. There was one crying grievanc e , of which he would complain , on the part of the pris oners , which was, that these disturbances took place at Birming ham on the 15th of July ; and every man apprehended had been charged simply with rioting and disturbing the Queen's peace, and on that charge bad they been committed for trial. By a recent Act of Parliament, p r i soners so com mitted were entitled to copies of the depositions taken against them, that they might be prepared to prove their innocence. His client had obtained a copy of the depositions made against him ; and it appeared, that, on the evidence of one witness, he had been committed for trial for misdemeanour only; and, by the law of the land, a prisoner committed for trial for that offence within twenty days of the Assizes was entitled to traverse until the following Assizes, and till then he might be among his friends procuring evidence for his defence. This ought to have been the situation of his client, but instead, after having been acquitted by the Magistrates of the aggravated part of t h e char g es, what was his sur p rise to find, when arraigned at the bar the day before yesterday, that he: was called upon to p lead to an indictment for a felony that affected his life, and that the names of 17 witnesses were on the back of the bill. He applied for delay, but the case had only been postponed froin 'Thursday till to-day, which was of very little use, seeing that he was to be tried for an offen ce a ll ege d to h ave taken place at a distance of nearly thi r ty m il es o ff . To allow the prisoner only two days under such circum stances was a mere mockery of mercy. Although his poor client could make no u s e o f thi s b r i e f i nterval, yet the Solicitor of the Treasury, with the Treasury purse at his commaad, had made good use of the time, for he had added one more witness to the 17 names already on the indictment. For reasons such as these, he conceived that he had a right to caution the Jury against coming to con clusions prejudicial to his client, because he had not wit nesses to produce, seeing that, not till Thursday last, was he acquainted with the necessity of his case. Ho trusted the Jury were impressed with feelings of indignation at the unwarrantable excesses which had been committed at Bir mingham the evening in question. Such acts were un justifiable, either as regarded the destruction of property, or the placing in danger the lives of the inhabitants ; but he hoped that should any such prejudice exist in their minds, they would not allow themselves to be so far mis led as to find an individual guilty who had not participated at all in the outrages. He would ask them also, to dis connect all that partof the case which bore against all the other prisoners, from that which bore directly on his client, and not allow the evidence given individually, to be applied to all. He did not mean to deny but that which the Attorney-General had laid down, was the law of the land, but as far as it applied to the case of his client, there was something like a fallacy which he would point out to the jury. His Learned Friend had read to them a pas sage from " Hawkins Pleas of the Crown," but he had not read the whole passage ; he would therefore read to them the whole of the passage supplying that which had been omitted by the Attorney. General, and which he hoped would teach them a lesson of caution against the dexterous management of his Learned Friend the Attorney_ General. It was no doubt the law of the land, that where parties were charged with committing one offence in com mon, and with a common and joint interest, and were present at the committal of the offence or near enough to aid •ttA I 1;,) t Z. e ee.. t , reed .ILr A 1,1 1 perpetrated the act, for in the eye of the law they were all equally guilty. But the charge against these men was, not that they had gone forth to do that 1 which was unlawful, or to commit a breach of the peace, or to create a disturbance or riot; not that they had gone to seek a conflict with the London police constables, agaii,st whom their feelings had been so strongly excited; the charge was their having assembled, and for riotous purposes, and that together and for, with common pur pose,they did abet each other in demolishing and destroying, or beginning to demolish or destroy, with intent of effecting their object, certain houses in Birmingham. In that case, should the Jury be satisfied that the men had gone to the Bull-ring to seek a conflict with, or that that they might vent their vengeance on the London Police, and having made the attempt without success, andafterwards, when circumstances arose which it was impossible to foresee, that a part of them without the concurrence of the rest, had commenced the attack on the houses of the Messrs Bournes and others, and destroying property by fire, and bad then, for the first time enter tained the notion of demolition of property ; that with which these men were charged, could only be considered to have begun at and from the commencement of the at tack upon the houses ; it was not till then that the in tention, which the law deemed necessary, first took posses sion of the rioters, and consequently, however his client might have participated in the construction of the law or original intention of the rioters, unless he could be proved to have aided and abetted in the execution of the demoli tion of the property, he would be entitled to an acquittal from the more aggravated charge, which alone affected his life. The Learned Counsel after referring them to the extract read by the Attorney-General, directed the atten tion of the Jury to other extracts, to show that it bad been held that, when persons went ou t for a lawful purpose. and that some of the party committed an offence, those who had gone out on a lawful purpose were not to be held guilty of that particular:offence, although they were present when it was committed unless they actually had aided and abetted. His proposition was, therefore, that if the parties went out to commit a breach of the peace, but with no com mon intent to commit a felony, although it might be in proof that they had aided and abetted in a breach of the peace for which they ought to be punished as a misdemeanour, they could not: be punished for felony unless it could be proved that they were present at, and had personally aided and abetted in the actual demolition of property, which constituted the felony complained of in this in stance. The Learned Counsel then referred particularly to the evidence, and contended that all which had been established against his client depended on the testimony of a single witness, amidst all the tumult and confusion that reigned around him at the time, and that at a late hour. It was stated that at eight o'clock he was one of the party who, in consequence of the excitement raised against the London police, because of their having forcibly dispersed them, when, whether they were riotous or nut, they believed they were holding a lawful meeting, and in consequence of this they had gone to the pubiic office to challenge the police to a pitched bat tle—and who, when the challenge was declined, returned without effecting their purpose, and with the failure of that their common object was at an end. The witness who bad identified him as being of the party, had seen the whole attack on the premises of Mr. Bourne, but he did not see his client in the party which were employed in the attack. He did not mean to deny that his being a party in the original common purpose, would subject him to the penalties of misdemeanour, but nothing more. And when in consequence of the absence of the Magistrates, and the instructions given to the police not to act . without their special order—the absence of the military, which the mob could not have anticipated, some parties determined upoM.a new object, that of demolishing the houses, his client was not only not proved to have par ticipated in that new common object, or to have been pre sent at its being carried into execution; but the witness who had said he knew him well, and who had witnessed the whole of the attack from his own door opposite, had told told them that he had not seen his client among that party. The Learned Counsel then adverted to the lan guage which had been used at meetings that formerly had been held in Birmingham by individuals now in authority. He said the numbers which had attended these meetings were calculated to encourage the delusion of the people that to disturb their meetings was illegal. The Magis trates ought to have been the last men to bring down a force to disperse meetings, of which they had themselves once set the example, and encouraged in person. But what had been contemplated, as he had stated, was the at tack upon the police; all that took place afterwards, when it was known the authorities and the military were absent, had never been thought of until the moment it commenced. In the absence, therefore of all proof of his client being present at the demolition, or any proof that he had joined or participated in that common purpose, which arose merely on the spur of the momeni, and in the absence of all proof that he had even joined in the common object of assaulting the police, except on the testimony of a single witness, and which, even if proved, would only render him amenable to the minor offence of misdemearour, he trusted that on a question which affected the life of his client, the Jury would disembarrass their minds of all the extraneous circumstances which might go to prejudice them against the prisoner, although they proved nothing—and that they would feel themselves bound to give that verdict of acquittal which he so confidently looked for at their hands. Mr. DANIEL then addressed the Jury for the prisoner Wilkes. He contended that the case of his client differed entirely in all its circumstances from the cases of any of the other prisoners. He bad been committed to Warwick gaol on a charge of sedition, and he might observe that, at the present day, it would be no easy task to define what was meant by sediti,ai. It was difficult for those who, in imitation of their betters, abandoned peaceful industry to engage in the mazes of politics, and especially if poor and humble, it was diffieuli to discriminate what constituted sedition. But they had this security, that sedition amounted to no more than a misdemeanour. Though they might neither be made magistrates, nor sent to Parliament, nor be enabled to claim a share in honours, the price of the support of sedition, yet they might know that the only peril they had to encounter was that of imprisonment, and that was the utmost to which Wilkes had exposed himself. The Learned Counsel complained, in the same strain that Mr. Miller had done, about the indictment being changed from that of misdemeanour to that of felony, at so short a . notice ; and which charge would affect his life. The Attorney-General had manu factured from a misdemeanour a criminality of the very highest character which was known to the law. Instead of being charged with the sedition for which he had been committed, his client was suddenly charged with the burning and demolition of houses, and the Attorney- General, in his official capacity, h placed the prisoner on his trial without giving him the smallest opportunity up to that moment, to know what was the nature of the charge, or what would be the nature of the evidence to be produced against him. Even the paltry postponement of a few days had not been obtained without being opposed by the Attorney-General, who described the case as an ordinary case. It, therefore, became necessary that the Jury in this case should guard against adopting inferences instead of proof, or admitting conclusions which were not expressly warranted by the facts adduced. If the evidence bore any reasonable interpretation which went to establish the prisoner's innocence—the Jury would be bound to give the prisoner the benefit of it. Be the result of these trials what it may, he hoped they would have the effect of extirpating from every corner of the land that horrible spirit of insubor dination which had prevailed. He trusted that any obser vations which he would have to make would not interfere with that which he thought was the first duty of every man —most sacredly to maintain the observances of the law of the country. The Attorney-General has said there bad been insurrections elsewhere. He cited Wiltshire, Mont gomeryshire, and other places, but they had not been dig nified with the presence of the Attorney-General. That fact was sufficient to prove that this was no ordinary case. He must have but little knowledge of politics who could not see that there was a political influence affecting these trials. If his client Wilkes had been tried eight months hence he was convinced that he would have had a much better chance. He did not doubt but that the Jury would do their duty ; and it was no part of the duty of a Barris ter to be a sycophant to the Jury ; but he might say that he considered the Jury was a fair sample of the bulk of the people of Warwickshire, and he had perfect reliance upon them. He had no doubt that they must feel as every other man would feel, that there had been some shameful outrages committed, and th e y, of course, must feel shocked with what had occurred. He thought, however, that the Attorney-General might have said a few words in his address to put them on their guard against any such impressions, but he had not done so. Perhaps he was wise in doing so, for he could not give them a reason why the prosecution had been brought up under his own immediate auspices. He had been wise to keep that out of view. He (:Mr. D.) had nothing to do with any of the prisoners but Wilkes, and in laying the case before them it would be necessary to take the facts in evidence in exactly inverted form from what they had been laid down by the representative of the Crown. With what had the Attorney-General begun? Not with the facts of anything with which Wilkes was concerned, but with facts that were calculated to rouse in the minds of the jury all that was revolting in circumstance, in the hopes that they would forget in the time occupied in the trial the pal liative facts that might be adduced. He ( Mr. D.) was not there to defend his client against using seditious language ; he appeared to defend him against one single charge, and no more. He would refer them to one of the Attorney- Ge neval's own witnesses, to prove that the meetings at New hall-hill had inspired alarm. The Bull-ring meetings had been nuisances, and the Newhall-hill meetings had been nuisances. But the Attorney-General had suggested that the Newhall-hill meetings had been held out of ; and the e meetings out a atf so were the meetings at Holloway—theyw town. And the same reasoning that made Ne lawful whaliil . V 1 Nlklawful, ies wouldwas ad ima k ie e te t d he f m or ee se ti d n i g ti s e a u t s I Holloway_ anaggae head another distinct charge—and that being the case, he ought not to be taken to account for that in this charge. H e ( Mr. D.) had nothing to meeting.dowith However, he thanked whathadbeens a a akd id e at that meeting, or any ot her the Attorney _ General for fo s r ho t the c t o h u a r t s ew words s had a taken.d been sTheused, Attorney-G Attorney-General and that, upon the ev idence of a stationer who had tak en no notes, and who must conse q uentl y depend upon his memo. e r 'He also thanke d the Attorne y -General for the evi rdYe'nce of Mr. Beach. The Learned Gent. proceeded to take the evidence of the witness in detail ; and he went on to argue that his client, by the evidence of the street-keepers, had been seen only on his way towards home, and had not been" seen by any of them after the mischief had commenced. One of the street-keepers had deposed to having seen him separate himself from the crowd, and stand on the steps of the Market Hall, and he had not seen him again. Ile begged the earnest attention of the jury to this fast, for that constituted the ver ess ence of Wilkes' case. The witn ess h a d g i ven his evidence fairly, as the Birmingham police always do, and he had known Wilkes for some time as a street orator. He had stated that he had given directions to Partridge, the constable, to look after Wilkes, but he had not given any reason for .that direc tion and why was Partridge not brought forward to g ive the reason? It was well f or t h em they hail not brought forward Partridge, for on that would depend the acquittal of Wilkes. Instead of Partridge, a witness was produced who said that his client had pointed at a house, and to have placed his fingers EVENING EDITION. ill a p ( . .eri.t. it v;a3 nOrnit-en. had bee n engaged i n p art i cu l ar conversat i on at the t i me ; an d he might have been pointing his fingers at the time ; but could they think that a policeman who was within reach of him would not have heard what he said ? But he was walking and talk ing, and was taking himself away from the spot ; and when last seen by the policeman, there had been no windows broken, nor any part of the property touched ar Mr. Bourne's. He would c.dl upon them to recollect what had occurred afterwards with the other part of the mob; but Wilkes had done that which he (Mr. D.) hoped was not a sin—that he had, aye. even at the last moment, separated from those who were going to do that which was to place them in danger. Even the policeman had seen him do nothing that he could construe into crime. From the time that he took his stand on the New Market steps, he hail separated from the mob; and he hoped the fact of that sepa ration being established would secure his acquittal. lie had gone home, and there was no one had appeared who had seen him again that right. That was the case for Wilkes ; and he (Mr. D.) thought the Attorney-General must labour hard to convince the Jury, that a man who had thus separated from the body should be made responsible for their acts. He then went on to analyse the evidence, and asked them if Wilkes was to be held responsible for that which had taken place an hour after he had left the mob. If the Jury were satisfied with his statement, and he had not exaggerated, he would implicitly rely upon them for an acquittal for Wilkes. After noticing a few minute points in the evidence, the Learned Gentleman re marked, that although his client had attended the Bull-ring meetings, and was a lover of free discussion, he was a man of peace. They had heard in evidence, that he had saved a constable who had been attacked at one of those meetings, and had protected him. He would, having staled these his grounds for expectation, leave the case of his client with every con fidence in the hands of the Jury. The Judge called on the prisoners, who were not provided with Counsel, for their defence. Howell said he was a poor working man, and he works hard for his living. lie had never been near the Bnll ring for three months. He had never seen the Birmingham police in his life till he was taken by them. He was as innocent as the babe un born. Roberts said that it was a very hard case with him to be ac cused and sworn to among so many, and in the dark. He was a poor man ; he had a family and a mother to support, and had no time to attend to Bull-ring meetings. Aston said that the things which he took were found in the foot path, and he had taken them into the shop. Mr. DANIEL said, on the part of Wilkes, he would not call any witnesses, as they would only prove that which had been already proved by the evidence for the prosecution. He after wards said he would call a witness, because he would not incur the responsibility as the prisoner wished it. He called Wm. Eades.—l am a slipper-maker. On Monday, 11th of July, I was at the Castle public-house, Whittal-street, where a club is kept. Wilkes lives behind the public-house; saw him there before the booths were closed. Cross-examined by the Jury. Wilkes was not a member of the club. I saw him in the Castle-yard, but it was only for a minute. He was at that time going home.—That being the ease for the defence— The ATTORNEY. GENERAL rose to reply. He said had he had no object but to further the ends of justice. He freely forgave the many imputations that had been made by his Learned Friends against him, because he had no doubt they ima.ined that they were then serv i ng t h e i r cl i ents. There had been many grievous complaints made by them, because of the pre sence of the Attorney-General, but must they not see that any Government would be deeply reprehensible if it did not take the most prompt and efficient measures to bring to punishment those that were guilty of such acts of revolting outrage ? Simi lar outrages had taken place in other parts of the country at different times, and Special Commissions had been issued on these occasions to bring the offenders to justice. It might be that the defendants' Counsel might have in these cases taken advantage of the fact that the Attorney-General had appeared to conduct the prosecution • but of this he was sure, that the presence of the Attorney-General was approved of by the public. There happened to be no necessity for issuing a Spe cial Commission in this case ; but if there had, there could be no doubt that the Attorney-General would have been in attendance to prosecute the offenders. There had been a riotous outrage committed, and if it was one that came within the statute would the country have been contented with a prosecuction for a mere misdemeanour ? The Grand Jury had found the bill before he had come to Warwick, and he was willing to take all the respo ns ibilit y on hi mse lf, and it these men had put Birmingham in jeopardy that was for the Jury to decide afterwards. The law demanded to be satisfied. He alluded to the complaint which had been made, which he thought applied more to the Judge than to the humble indivi dual that addressed them. The prisoners, he thought had been treated with the greatest lenity. According to the law if they had committed this offence three'days ago they would be liable to he tried. The complaint was that the trial had not been longer delayed. It hail been delayed for some days, although there had been no reason given, or plea, such as the absence of a material witness. It was absurd to suppose that the trial should be postponed till March next for the reasons urged, because he (the Attorney-General) was sure they would be tried by as impartial a Jury now as they could be tried by then. The lion. and Learned Gentleman then went into 'the law of the case and analyzed the evidence, and came to the conclusion that this was an offence committed within the Act of Parliament. In the ease of Howell, he alluded to his solemn denial of the charge and his saying he had not been in the Bull-ring for three months : and he called their attention to the positive identification of his remarkable person. Then , against Roberts, although they had not so much evidence, he said, that if they had but one witness to be relied on, that was. sufficient. Hall, who had no interest in misrepresenting, had positively sworn to him. Then there was the unfortunate boy Aston, who denied the charge entirely, and said that the things which were found upon him he had picked up in the street. He was distinctly sworn to as having been seen corning out of the shop window of Mrs. M ar ti n , an d therefore he (the Attorney-General) thought it was too clear that he was a party to the general transaction. Then there was Jones, who had been so ably defended by Mr. Daniel. He denied the charge, but he had been sworn to positively by Rose, who knew him perfectly. There was another principle which had occu pied much of the attention of Mr. Daniel, which was that there had been meetings of the same kind held before that had not been noticed. He (the Attorney-General) was not there to justify all these meetings, but he must say, that at any of these meetings he had never heard of houses being burned. He then went into the evidence against Jones, to show that he was leading on the mob. He did not, because he could not have the pitched battle that he wished with the po lice, go home : but, on the contrary, he returned to the Bull ring, heading the mob to Bourne's premises. It was absurd to call upon them to prove that he had thrown stones. It was difficult for him to show where Jones was at the time of the the mischief ; but Jones was among friends, and could easily prove where he had been between the hours of seven, half-past eight, and half-past nine. But there had been no witness called to prove that by him. But when the prisoner would not rely en the judgment of his Counsel, but insisted on call ing a witness, yet there was no evidence to that effect ad duced. He next came to the evidence against Wilkes. answer to the complaint that had been made by Mr. Daniel , that he had commenced his charge by showing that Bourne house had been burned, he said that was the cours e which he was bound to adopt by th e l aw . Th e Learn Gentleman was wrong if he supposed that there was an in' dictment against Wilkes for seditious language ; there was f3 ( 0 ) such thing. He had been at Holloway-head addressing 2, 0 people, and it became necessary to quote his language there t° show his connection with the mob that had committed the oet' d rage afterwards. He here quoted the language which h 2 been used by him, as giv en i n t h e ev id ence of Beache, the wit ness. His Learned Friend Mr. Daniel, had said as an excus e for the order to proced to the Warwick-road, etthat they we re going to meet their friends C o lli ns and Lo but Collina and Lovett did not j o i n th e process i on. But did; Wilkes gave any order, or offe r any a d v i ce for them to disperse ? No; , t " e ' had proved his re t urn, an d hi s lead i ng the mob at his bee's to the house of M r . B ourne, and the houses to which he 111, a pointed to, had bee n a l mos t immediately assailed. Now the ( Attorney-G enera l) cou ld not prove that he was actua lly in the Bull-ring, it would be for the Jury to say whether or !le e he had not proved enough to show that he had been there. 11. '4 I Learned Att orney -G enera l t h en a ll uded to the complaint...- Mr. Miller, in saying that he had not laid down all the law_ .. „'" lating to the pa r ti c ip a ti on i n cr i me b y t h ose who were i n cot": pany, with those who actually comm it te d t h e crime. He re minded the Jury of having read to them the law of the case from Hawkins' Pleas of the C rown . H e t h en a ll u d e d to t 3 evidence of the witness called by Wilk es , an d w h o had 0 ,1 1 proved that he had been seen for h a lf a m i nute w i t hin half mile from the Bull-ring. Now, where were the 'two fricn, that he was walking arm and arm w ith? They could have to where he went to, and Wilkes himself knew where he was be; tween half-past eight and half -past n i ne . B et h e h a d broil d no evidence. It was sufficient t o s h ow th at h e was c onnecte with the mob, and so near at the time when the outran was committed. It was of importance that innocence should be protected. It was better that the guilty manes should escape, than that th e i nnocent man shoo^ be punished. But if they were convinced by the evidence, then of course he would expect a verdict of guilty-- but whatever might be the verdict, he was sure the cousin! would be satisfied with it. He would leave the case in their hands, with perfect reliance on their judgment and discrimi nation. ..---... Justice LITTLEDALE, addressing the Jury, said that the evidence having now occupied more than twelve hours, they having come into Court at nine o'clock in the morning, and it being now half-past nine at nine, he did not think, considering' the importance of the cause, and that the lives .of five indi viduals were at stake, that they could do justice to the_prisonera by continuing the sitting of the Court any longer. 'I he evi dence was voluminous, and the complicated nature of it in volved a great many important points, which would require a, considerable time to be explained. They could not possibly conclude until the Sabbath morning. He did not mean to set that a charge might not be given on the Sabbath, but he though" it would better to avoid it. If the Court was adjourned, hoer' ever, the jury must be put to some inconvenience. They must be kept together, and deprived of any communic a ti o n wi th their friends, but every accomodation would be p rov id e d , e' them. If they bad been locked up to agree upon their verdict,' they would have been locked up without meat, drink, or Ere' but when locked up under the present circumstances ever/ at tendon would be paid to their comfort. In other cases, Jurr men might be permitted to separate,ury, h b e ut f i e n it c t a h se e s i o rn f p fe o l r o ta ny ee4 , th e : f :ma' were ead make to enoe calledseparate.aonf y theup sacrificeo upon rather 1,0 Four r t than Bailiffsb ed;ievreentitioe then ordered o h r a d s e t r v ed d decision. s b i oen sworn tct p etrofor personalm, and c lo o r nv h e i n s ie o n l e partc theouAl could duty'l.hnueort Juror would they bresaa ildl w o, . the jury into custody and see them locked u n C o o t u e r x t , p s e a c i t d ed h t e o w r a e s tir d e es t i o rousth at the Mr. MILLER, when the jurymen were leave his Lordship about to intimate His Loßmsnir reiteratPe7 to the jury, that although thoy should ore were now retiring, they i h consider a theirverdictin until to the k e a heard his Lordship's ex : i r , the the e n re of the ks po o i f nt: fr of l il a i w a ir r 'e s, a the e se j i t n ir v y ol t v h e e d n . withdrew in charge m of ar the Bailiffs ' . iti CAPITRE OF FIVE MORE ' CHARTISTS. (FROM OUR CORRESPONDENT.) • MANCHESTER, SATURDAY EVENIT 4 %. In the course o f t h e l ast even i ng an d t hi s morn ing t",, Rev. W. 0. J ac k son , Messrs. Jos. - Linn}, George 1 49nr " Smith, William Tillman (Secretary to the Radical .As s r, ciation), and Michael Doyle, were a pp re h en ded by borough police, upon warrants charging them with 130% 4 uttered seditious and inflammatory language in the town : ship of Hulme, and other places within the h;irotlig" Meetings have been held nearly every night this w ee . o and one of the parties apprehended attended a meeting Salford, and reported the progress of affairs as they a occurred at Stockport. Af t er a number of witnesses hP..ji been called to pr°,/: the seditious language , the pt'isoners were asked "ad they had to say in their defence. Th e y a ll deel i " saying anything, at prescnt, and th e mag i strates , after ari absence of a few minutes, returned t o C our t and orde red Mr. Jackson to find two sureties in 150/. each, and O n : self in 3001. The other prisoners to find two sureties al 751. each, themselves in 150/. This ev , iting a public m ee ti ng o f th e Ch ar ti s ts was h eld 9 in Stevenson's-square, f or the purpose of taking the sen 4 of the meeting :,s to the ti me at which the national hoIWAsY should commence. There must have been from ten ".0 /~