The Sun. — London, England, 1822-04-06 00:00:00

I TU E MANCHESTER TRANSACTIONS. LANCAL*TER, THURSDAY, APRIL 4. REDFORD V'. BARLEY AND OTHERS. This long protracted cause came on this morn- ^log, without any previous excitement in that portion of the public who inhabit Lancaster and its vicinage. At nine o'clock the Court was . nearly. filled with a respectable assemblage of Ladies and Gentlemen, but there did not appear any particular anxiety on the occasion.—A few minutes after, Mr. Justice IloLnovn took his teat on the Bench, and the Officer of the Court called on the case of Redford v. Birley and others. The following Special JuroiS were then . .called : John llarri.eon, Esq. Richard Sager Esq. rn Roger Taylor, Esq. JaeslVhitaker, Esq. James- Newby„ Esq.. Robert Gillow, Esq. No other Special Juror ar.swered to his name, and the Officer asked if any one prayed a Tales ? Mr. BeAC !CB U E for the plaintiff, called for a Tales. The following Common Jurors were then sworn : Matthew Jackson, 1 Robert Chadwicke, • Wni. Barrow, Isaac Walker, John Ditchfieid, William Tomlinson. Mr. Serjeant HULLOCK—My Lord, as my Learned Friend Mr. Blackburne is not well, perhaps your• Lordship would al low him to sit within the Bar ? Mr. Justice II ar.novn- e -By all means e and if Mr. Black burne wishes to address the Court sitting, he may do so. Mr. Beeeerenuneen thanked his Lordship for his kindness, but added, that he was sufficiently well to address the Court standing. Mr. users then stated the declaration, one count of which was for a compensation in damages for a civil injury, in being • prevented from following his business ; and . the second for a common aesanit. Several special pleas were put in in answer, one particelarly, that a conspiracy was formed to excite hatred against the Government, and a general plea of Not Guilty, upon which issue was joined. Mr. Justice Ilotao yn.L-The other Jurors who have been summoned may go to their homes ; their services are no longer wanted. Mr. BLACKBURNE then rose and addressed the Court.—My Lords,. and. Gentlemen of the Jury, from the statement of the pleadings which you have heard, you have now collected what is the subject-matter of complaint which the plaintiff makes to you this day ; and you have also collected what are the number and character of the defences which the defendants in this ac tion allege, in order to save themselves harmless from the con sequences of that outrage which they have committed against the plaintiff. I cannotdischargeproceed to the of the duty this day imposed on me, without first assuring you, that I most un feignedly regret that this most important cause has not fallen totalents and experience—to which I make no pretension ; but though sensible of that deficiency, I do pledge myself to the plaintiff, that in the service of this cause, he shall not have to complain of a want of zeal, or of the exercise of all those ener gies which I possess, to obtain for him, at your hands, ample reparation for the serious injury which he has sustained. You have no doubt heard and read many circumstances, and many representations as to the transactions which occurred at Man chester •on the 16th of August, 1819: And when I advert to these statements, it is with a view of calling upon you to dis miss from your minds every impression they had made ; to £. vest yourselves, as far as possible, of every prepossession, and to come to the serious consideration of this cause simply upon the evidence which shall come before you on the one side and on the other. No matter what it was that you have before heard or imagined as to this transaction, it is your duty to form your verdict simply upon the evidence, and to ascertain whe ther the defendants were justified in those acts of outrage which were indisputably committed on that day ; for it is no question whether the assault was or was not committed—that is beyond -the possibility of doubt. The results are known to the world ; and the only question for your consideration is, whether the de fendants who committed them were justified. It has been said, and said truly, that from the character of such a transaction it was more deserving of criminal than civil justice. That, I con fess to you was originally my opinion. But you cannot have forgotten tie many and the extraordinary circumstances which. followed that event. You. cannot have forgotten the proceed ings of the Inquest at Oldham. You cannot have forgotten its - progress and its termination and you well know that none of those proceedings have succeeded. ;—indeed That every ef fort to obtain reparation proved abortive. It is under such . circumstances that the plaintiff this day comes before you to seek, by the only way lett him, compensation for the injury he has received ; 'an injury inflicted upon him, ten, in corn -;atkon with all his Majesty's subjects.—For, if this plaintiff, in the exercise of a legal right, shall be exposed, to such out - rages, and the law shall say, that those who committed them are justified, then are all the subjects of this realm equally ex posed to the infliction of the same outrage. YoU will recoiled, Gentlemen, that in the years 1817, 1818, and 1819, great die , wee unhappily prevailed through allthe manufacturing districts. • No where was that distress more poignantly felt than at Man ' chester anti its neighbourhood, and those parts of this County bordering on Yorkshire, and in some of the districts at York ' shire itself. Indeed that distress was' so great and so calami tous as to have reduced a very great proportion of the people to actual starvation. That starvation, the consequence of dis tress, led naturally to its effect—discontent. No man can be content in a state-of starvation ; no man, with the feelings of a man, can calmly endure to see a helpless family around him suffering such miseries. And, Gentlemen, where discontent exists, arising from such a cause and producing such effects, there must be, as I heard well said by a Noble Lord of as great talents as any in this country, great misgovernment. For, Gentlemen, -whatever may be said on this subject, the people of this country, when left to their own judgment, can clearly discern their own true interests; they are naturally attached to those institutions which are their inheritance ; they naturally love the constitution ; and when there exists a great discontent, it is to be attributed to the calamities under which they suffer. It must be in ,your recollection, that there appeared on the 23d of July, 1319, an advertisement, stating that a meeting of the people would be held on St. Petersfieltl, Manchester, on the 9th of August, for the purpose of considering their grievances, the state.ot .the Representation, the propriety of electing for them selves a Representative to sit in Parliament, and the adoption .. of Major Cartwright's Bill. This advertisement, which I hold in my hand, was published on the 23d ; but it being subse quently said, that the purpose for -which they called that meet ' _Mg was illegal, the magistrates having themselves advertised them of ehat illegality, and indeed the persons themselves hav ing taken advice as to the legality or illegality of that Requisi tion, the result was that the meeting was abandoned. After this a Requisition was presented to the I%oroughreeve of Man chester, calling upon him to convene a meeting for the purpose of discussing their grievances, and of:considering the propriety of a Petition for Parliamentary Reform. That application he refused. Another advertisement, signed by 700 of . the inhabi tants of Manchester, then appeared in the public papers, calling a meeting of the inhabitants at Peter's-field on the Ifith Au gust, for the above purposes. It is plain from these acts that there did not exist in the minds of the Requisitionists the remotest intention to do any thing that was illegal. They had evinced an anxiety to avoid any illegal act, but they imagined that any class of the people - of this country had a right to join an assembly - of their fellow-subjects to discuss their grievances; to consider the question of Paeliame.ntary Reform, and if they considered that the remedy, to petition the Legislature for its adoption. This was the decided conviction of the -Requisi tionists, an:: until that day, and its memorable proceedings, the. same conviction was felt by all the subjects of this realm as to their right of meeting to discuss public grievances and to sug gest measures of prevention. The persons attending the Meet ing on the 16th of August, had, it is true, heard much of what has been said of virtual and actual representation • they pre ferred the-latter to the former ; they thought that if they pos sessed the power of electing a Representative of their own, they could then select one who would express their feelings and wishes ; one who was bound by a common feeling to respect and protect their lives, and li,:lerties, and properties. It was true that the Representatives ior Granyound, now a Borough disfranchised for its corruptions, were equally the Representa tives of all the people of England. These unfortunate persons did not coincide in that opinion. They thought themselves more likely to select a Representative who would attend to their wishes and watt!: over their interests. Accordingly, a great number of persons met at Manchester on the 16th of August. They cameen the most beautiful order ; they shine to St. Pe tersfield with banners and with flags. These flags, I shall be able to prove to you, were for the purpose, the sole purpose of distinguishing the separate townships, and guarding against the confusion which must have unavoidably resulted from per .-sons straying, or mistaking one party for another. When we are called to consider whether this meeting was legal or illegal, the first qUestion we must put to ourselves is this, what were the intentions of the parties who called it ? They themselves have shewn in their acts that they had no illegal intention. When they were advised of the illegality of• their first purpose, they instantly abandoned it ; they next applied to the Borough . seeve, the chief authority of the town, to have their meeting under his superintendence and control. When this application was rejected, the meeting of the 16th of August was convened. What, then, should render it illegal, if the purpose of the parties was, as I shall prove, perfectly innocent? Was.it that they proceeded to that meeting in , what has, been described to be beautiful order ? Was it that they went along without com mitting any violence or disorder ? Surely, surely, if there was one circumstance more likely than another to provide against any disturbance of the public peace, it was the arrangement in which these separated masses assembled themselves into one body. What was there in this to characterise the illegality of the Meeting? But then they had banners, and on these ban ners there were various inscriptions. They had "Equal Repre sentation or Death."—" Liberty or Death." There was also a " Cap of Liberty," it is ,said. But what was there disloyal in a Cap of Liberty ? In every procession on all great public occa sions, it Was the. practice in this country to carry that emblem of attachment to the Constitution. As for the inscriptions of " Liberty or Death," &c. it was well known that 'several of our popular national songs concluded with those words. What is there in these expressions to render that which was other wise legal illegal ? If it was the feeling of that Meeting, as I trust it is of the great body of the people of England, rather to die freemen than live slaves, it is no reason to put forward the demonstration of such a feeling as a symptom of illegality.— After this Meeting had assembled, about one o'clock Mr. Hunt arrived. He was received as he ascended the hustings with shouts three times three. He, as its Chairman, then addressed the assembly. The people most naturally collected round the hustings to hear this Address. The Constables'of Manchester formed a line from Mr. Buxton's house, where the Magistrates were, up to the hustings, and a portion of theni actually sur rounded it. They kept an open space which afforded room to move up and down without any difficulty. From the manner in which these constables were arranged there was full room even for the Yeomanry to pass to the 'hustings. Thus far as to the disposition of the Meeting before the outrage was commit ted. It now, Gentlemen, becomes my duty to tell you who the defendants are. The first is Mr. Birley, the officer who commanded the Yeomanry Cavalry; the next Mr. Meagher,the trumpeter of the corps, and a person named Oliver. If the acts committed by the Yeomanry, or any one of them, be illegal, the offence of one is the offence of all. If all were engaged in the same enterprise; supposing the enterprise to be illegal, all are amenable to the legal consequences. This is the law, Gentlemen, and I am sure it will not be disputed by any of my Learned Frienda on the other side. It is founded on the prin ciple that all bodies embarking in one common -enterprise are amenable to the necessary consequences which result from the acts of any portion of them. Gentlemen, having so far stated the law to you, I shall now explain to you the local circum stances connected with this transaction.—[The Learned Gen tleman here produced a map, from which he proceeded to des cribe the relative position of the hustings, the leading streets about Peter's-field, the advance of the cavalry until they formed before Mr. Buxton's house, where the Magistrates were assembled.] Mr. Justice HOLROYD asked Mr. Blackbnrne if he had a second map of this ground ? Mr. BLACkBURNE replied in the negative. Mr. Serjeant Hu 'Amex produced a map, which, after hav ing been submitted to the inspection of Mr. Haywood, the plaintiff's attorney, was handed in to the Learned Judge ; and Mr. BLACKBURNE resumed.—l was stating to you, Gentle men, that the cavalry formed before the House where the Ma ' gistrates were sitting. Their movement - to that position was made with considerable speed. They saw assembled before them an immense number of persons, consisting, as well of those who came there solicitous to take a part in the proceed ings of the day, as of others who came from mere curiosity, to hear and see what was passing. You can naturally conclude what a dense mass such a multitude, so assembled, must form. Trusting to the legality of the purpose for which :they assem bled—knowing that, an objection had been raised against the former Meeting, and feeling that upon that suggestion they abandoned the object ; feeling also, that if the course they were about to pursue was illegal, the Magistrates of Manchester would, as they did before, admonish the people not to attend, but,, above all, confiding in the laws of their country, with the consciousness that they were exercising a constitutional right, that great multitude were at the moment peaceably and calmly engaged in the business of the Meeting. I told you before, that the Yeomanry Cavalry advanced to Pete e s-fiel with con siderable speed. It has, I know, been said that stones were thrown, and bludgeons raised against them, by the immense Multitude there assembled ; you, Gentlemen, will hear, from witnesses of unimpeachable testimony, that it was physically impossible' that a multitude so completely closed—indeed, so closely jammed, could throw astone, or raise an arm for the purpose of striking a blow. How were they to get these stones ? !'hey could not stoop, even if there were stones on the ground where they stood. As to bludgeons, even it' it were true that they hall them, it was impossible that such a Multitudinous body thus densely formed could use them. These facts I shall establish by witnesses. of unimpeachable veracity, free from the influence of any undue prepossession—neither Ma gistrates nor Reformers—men who took no interest in the pro ceedings of that day, and who, as they were not parties, were most likely to be the most impartial observers. 1 shall prove it most indisputably by one witness of as high and respectable a character as any either in this county or this kingdom, by a witness who watched with careful attention every proceeding that took place, who will first tell you that he, from the place where he was, could see almost every occurrence, but who also will tell you that he saw no stones thrown—no bludgeons raised—no interruption given even to the advance of the Cavalry to the Hustings, other than that interruption which must unavoidably occur, wherever 'such , an immense multitude was assembled. I will prove to you, that it was, under all the circumstances, impossible for that multitude to separate sooner than it actually did. I will prove to yort by wit nesses, whose testimony cannot be questioned, that in point of fact the multitude, after the sudden irruption of the cavalry, got away more quickly - than could be thought possible— that they dispersed on that irruption, as it were, by a magic wand, where any avenue of escape peesented itself. When the cavalry made that irruptiona--when they rode up to the hust ings, for perhaps it will be endeavoured to skew you that it was for the purpose of arresting some of the parties on the hustings, that they made the advance—it will be proved to you that there was with the military no civil officer. Gentlemen, I have told you before that the constables formed a line from the place where the Magistrates were, and from which the cavalry advanced to the hustings. So open was the space, that the very man who was at the head of the police at Manchester, was walking freely and uninterruptedly up and down that space. There could be no interruption to any.civil officer proceeding to the hustings to make an arrest; and a civil officer there ought to have been for such a purpose. By the law of this land, every process of the law must be exercised by a lawful power. No man or body of men have a right, under the pretext of a lawful power, to use a violence that is unnecessary, or to raise a destructive weapon on the arrest even of a person e accused of the highest offence which the law recognizes. It is only when all the other modes of executing th purpose of the law have failed, and when-resist ance has been actually ma7de, that such an enforcement can be legal. Here there was the fullest power to execute any pro cess of law, if such was the object. No resistance' was made or intended ; but yet the execution was attended with death to many, and wounding and maiming to thousands. But the Manchester Yeomanry having rode up to the hustings, and having taken Hunt and others away prisoners, did they rest satisfied ? Having fulfilled their object, did they desist from violence ? No such thing. They rode after the dispersing people, who were flying in every direction by the Quakers' Meeting, and other places, and who were actually 'prevent ed from escaping by the two great outlets from Petersfield, which were shut up by two regiments of the line. The mul titude naturally hurried to escape by these outlets, from the swords of the cavalry, but escape was dehied. One would have thought that having arrested -the parties—having next dispers-: cd the meeting, the Yeomanry would have . meddled no more —that they would have desisted from the pursuit of an un armed and flying multitude; that they would have retired to Buxton's house, from whence they advanced.. Did they do so? No. They continued the pursuit of the assembled multie tude, amidst the shrieks of unoffending women and helpless chil dren (forat the meeting there were numbers of this description), through the various passages through which they were endeavour ing to escape. The Quakers' meeting-ground was one great scene of these sanguinary outrages. Here it was that the plaintiff, a hatter at Middleton, sustained the injury-, for which he now seeks reparation. That injury was inflicted by the defendant, named Oliver, with a sabre. In consequence of that wound, the plaintiff has been rendered incapable of attending to that business on which he has to depend for support ; indeed I ant given to understand that even now he is but partially recover ed. It will be proved to you in evidence a that at this place the alarmed Multitude endeavoured to hide themselves under logs of wood and trees ; some 'scaled the walls in order to avoid the fury of the military. A number of persons got into Mosley street, but through whatever street the people flew, they were rode after by the cavalry. What could be the motive ? What the palliation of these outrageous excesses? Why were they not satisfied with the capture of the parties on the Hustings ? Why were they not satisfied with the dispersion 'of the Meet , ing ? If the object was to disperse the Meeting, why were the outlets of retreat shut up ? Why were the people rode after in every street through which they were escaping ? If neither the arrest nor dispersion satisfied them ' for what other purpose was this outrageous assault committed ? Was it resolved on that day to tell the people of England that they must never again assemble to discuss the question of Parliamentary Re form ; that they must never again petition the Legislature; that they must never again express the opinions which they entertained relative to the grievances under which they suffer ed ? I do not pretend to say that the people who assembled at Manchester on August 16, met there for the purpose of deli beration. They met there to decide on that which they had before deliberated upon. They met there to make a public ' expression of those grievances under which they so severely suffered, and to declare those remedies' which they considered necessary. Having described the progress and result of these ' proceedings, it will now he necessary for me to state some little respecting the witnesses, by whose testimony I shall be enabled to support the plaintiff's case. In the first place I shall shew that the object, the plain undenied object of that Meeting was to petition for a Parliamentary Reform. That and that alone was the object. It - was possible that at"any public Meet ing certain persons may commit illegal acts—that they may be at such Meeting for . purposes of plunder ; but though crimi nal the acts of such individuals, it did not change the character of a Meeting convened with an innocent intention. I shall call before you amongst my witnesses in support of this cause, a man of the highest character and respectability—a man, indeed, - whose prepossessions, if he had any, were opposed to all such assemblies ; a person who had actually endeavoured to prevent them, and who, I may say, was the adversary in opinion of the parties who convened that Meeting. This Gentleman happen ed, by mere accident,. to be at Mr. Buxton's house on the day of this meeting. He stayed a few minutes in the room with the Magistrates, he then went up to an apartment on the story higher than that in which the Magistrates were. Thence he was enabled to discern every thing that took place. 'With a mind unclouded by prejudice ; with no concern either for the issue or-the prevention of that Meeting - with no feelings either of fear or of expectation; this witness of unquestioned and un ,questionable integrity observed every occurrence as it took place, and he will describe to you that which I have already stated_ He will tell you that when the Cavalry advanced to the hust ings, no opposition was made to their approach ; that there were neither stones thrown nor bludgeons raised. These facts, I shall also, by witnesses taken from other quarters of the field, some who attended the Meeting through curiosity, others who were in the houses on each side, and who having no connection either with the calling or objects of the Meeting, will give you the reasons why they all were enabled so minutely and ac curately to observe what they have to describe. It is now 1822, and this transaction took place in 1819. It is natural to ask why such a length of time has been allowed to elapse be tween the commission of this outrage, and the present action for compensation ? It is to be recollected, as I before observed, that this was considered a cage Of criminal rather than of civil justice. That consideration, coupled with other circumstances, prevented the plaintiff'. He is a hatter, residing at Middleton. To a man in his circumstances it requires some time to get to gether the means of seeking redress. He might, it was true, sue in _forma pauparis, but then he must incur the expence of bringing his witnesses together. That has been in this case an other cause for delay, although this action was brought so early as October last. I had omitted to state, that among those whom I shall produce as witnesses, there are individuals who, from their immediate employment, are the most capable of telling you what actually did take place. I mean Reporters who attend for the Public Journals—individuals exprienced as to the character of all such Assemblies ; to whom it is of importance not to omit a single fact; who are attentive to every object as it presents it self, in order to impart a correct account. Having given you this outline of my case, I commit my client with confidence to your protection. He is a poor man, but he seeks justice ; with the powerful lie has to contend ;—it is by the rich he has been - assailed; but it is in a British Jury he reposes that confi dence that they will not allow a violation, even in his person, of those principles of justice, which have long been, and will, I hope, long continue to be, the boast of the British Constitution. I well know that in all ordinary cases the pure administration of British justice has never been sullied. But unhappily there are also cases in which prejudices against persons of the condi tion of the :plaintiff have operated to his disadvantage. I do anticipate from you a far different feeling ;—I know that you will simply attend to the evidence, divesting yourselves of every impression that has previously reached you as to this transaction r—justice requires this of you, and your sense of that obligation, expressed in your verdict, will make the laws of this country to be considered as they were once wont to be considered—the desire and envy of surrounding nations. The first witness called was Alexander Anderson. Examined by Mr. lINANS—I am a weaver at Manchester, and was part of the time at the Manchester Meeting on the 16th of August,lBl9; I was one of those who signed my name to the requisition. Mr. , Ev.asis—What was your object in calling the Meeting? Mr. Serjeant HuLLocx—The requisition will tell that. The Witness resumed—l attended between 11 and 12 o'clock on that day, where I saw old and young, men, and women, and children ; I stopped till Mr. Hunt passed me by in some sort of carriage, to the hustings ; I left it soon after, before the Meeting was dispersed, because I felt very poorly, and went home to my dinner ; I had no object in attending beyond that stated in the requisition. Cross-examined by Mr. Sergeant HULLOCK.— I was at many other meetings, but never out of Manchester to one ; I can't say what was done ; I heard speaking, and no more ; I was not at the meeting of the 9th of August, because it was said to be illegal ; that was my reason for not going. There were many persons with Mr. Hunt, but I did not know the gentlemens' names ; I cannot say that I saw Mr. Johnson, of Smedley Cottage r there were more than one or two women in the carriage, but I cannot say if they held banners : I do not know Carlile ; I saw some few marching- in beautiful order, going down the street where I lived, and several straggling About ; the people did not march like soldiers, for many of them were very ragged, and had nothing in their hands; I never saw soldiers march without firelacks, that is the difference between the one and the other: Some odd ones had a small . rod or switch in their hands. I would not wish to swear that either more or less than four thousand persons passed the street in which I resided; but I never saw so great a number before. They had.music—something they blowed ; not bagpipes, but what they sound of a morning, perhaps trumpets. I heard no drums, as I recollect. I can't say what number of banners I saw, but there might be three or four; I read some of the in scriptions, but it is a great while back ; " Equal Representa tion or Death" might have been on one of them, as I have heard, but I do not recollect- having read it myself ; 1 saw a black flag; -I saw another also, bearing, " Let us die like men, and not be sold like slaves." I have seen the caps of liberty, , but 1 can't tell the number, nor do I recollect if there were one on the black flag ; I never was at, or saw a drilling in my life ; I saw some of the people halt. 1 cannot say whether they did so by word of command, or by the sound of the bugle ; I was born in Ireland, and have resided at Manchester for twenty two years. Wm. Mackilney examined by Mr. Evaxs—l 'am a weaver, residing in Silk-street, Manchester, No. 62. I was at the meet ing of the 16th of August. I put my name to the Requisition, but who called the meeting-I don't know ; I had no other ob ject in signing it than that expressed by its words ; I went there between ten and eleven o'clock, and stopped till the cavalry charged, when I made the best of my, way home ; I was with in some yards of the hustings, near the head of the line of con stables close by ; the line reached along the wall over the brow or/hill near the hustings ; I think' they were close up to the hslings as far as I could see at one end ; I think Mr. Buxton's ouse lies on the hill—so the people told me ; the meeting con sisted of old and young, men, women and children ; some of the countrymen had bits of rods, some crooked and some straight; they were between sticks and rods ; I saw none armed with bludgeons of any size, and no disturbance till the rush of cavalry came among the peoplei the cavalry came round the corner of the wall near Cowper's cottage, Peter-street, to the end of the line of constables; the cavalry formed in front of the wall, one end of them next the line of constables ; they staid there very short, and made a second move down the field ; they formed' three deep. A gentleman in coloured clothes, whom I did not know, seemed to read something, and I took him for the commander of the cavalry ; when the cavalry came to the Close body of the meeting , I saw many fall, whether from the horses or the cavalry I cannot say ; I did not see the least at tack made on the Yeomanry as they advanced, farther than cheers ; the cheers took place as the cavalry advanced ; I saw no stones thrown in my sight, and I stood on a height where I could see if any were-thrown I could point out the spot ; it might be ten or twelve yardf from the hustings ; 1 am positive no one struck at the Yeomanry in my seeing, or as long as I durst stand where I was ; I had no apprehension they would cut the people till one of the constables cried out " hold fast number one," and at the same time began to lay on with their truncheons or staffs : I ran away when the Yeomanry came within thirty yards of the hustings ; I cannot say exactly, for I was in a bustle to get off. I then made my escape home and saw no more. Cross-examined by Serjeant Caoss—l am an Irishman, and have lived in this country for 30 years; I have attended meet ings like others ; I signed the requisition for a'public meeting, which was addressed to the Magistrates for that purpose ; I did not attend any meeting on the Oth of August, as it was said not to be legal ; I saw the people come on the ground ; they took ground very regularly, and as each corps took its station, the banners were marched up to the cart or hustings and planted there ; some had drums and fifes, and others only fifes ; there might be bugles, but I don't know ; they walked as a sick club or a society, but not as regulars ; by sick clubs, I mean bodies of people without firdock ; I have never been a regular soldier, though I have served in a volunteer corps ; between me and the constables there might have been yards; occasionally I was quite near them : 1 cannot say if the constables surrounded the hustings or not ; there was nobody with me that I knew ; country people in general have rods, and some at the meeting had the same—such as. a man takes in his hand when walking, I saw no sticksthat I would call bludgeons, for I call bludgeons only what would knock a man down—they are Shillelahs in Ireland ; the Gentleman in coloured clothes was not before the cavalry. Re-examined by Mr. BLACKBURNE—I have seen many processions of sick clubs and societies, and these people, - in re spect of order and step, resembled them. The sticks I saw could not cope with a sword. I saw the rod behind me (the Sheriff's wand); some were thicker and some rather smaller. William Harrison, examined by Mr. BLACKBURND—I am a cotton-spinner living at Oldham ; I was born there, and lived there at the time of the Manchester Meeting. I went, with a company of my towns Men to Manchester, on the 16th of Au gust; I set off from Oldham between eight and nine o'clock, and reached Manchester by twelve o'clock; the distance is eight miles. We had four divisions—Lees, Moseley, Royton, and Oldham. Parties met together at Oldham, and when we all arrived at Manchester, we might be from 5 to .6,000 persons. There were women there • my wife and child, a year old, went with me ; there were out of this number about 1,000 women and girls, some of whom were dressed in white. 1 came without a stick, , but some had sticks; all in our country walk out with them in their hands. We stopped at New-cross, in Manches ter, and saw four people on horseback, whom we thought to be Magistrates, and then we thought there was something hatch ing. We called ont immediately one to another to throw away the sticks : the company I was in did so. New-cross is called a mile from St. Peter's-field. When we got to the field, I took my station at the higher side,, towards the point or Buxton's house. I was near the Quaker's Chapel, about seven or eight yards from the hustings-, at the higher side, as. near as I can think. I saw the cavalry come to the field, but there was such a confusion with them, in consequence'of their speed, that they could not form regularly—l speal , of the place where the Ma gistrates were. I saw them get up to the hustings, and in their way flourishing their swords, while the constables were using their staffs, and be g inning to take the banners which were fix ed in a circle round the hustings. Those who held the ban ners stood by the waggon, and, at the time I speak of, the constables and cavalry surrounded them. I saw nobody taken from the hustings, because I made my escape ; in doing so, I went the contrary side to Buxton's side, by a street leading to the exchange. Cross-examined by Mr. LITTLEDALE—I worked at the factory of Thomas Cozens, Oldham, where I earned about 20s. a week, depending on the work I did. The other men were paid at the same rate, according to thddifferent degrees of work. Mondays and Tuesdays were not then holidays, though in former times they were. I work six days in the week ; I might have earned more, but I could not kill myself to keep other folk alive. I once went to a drilling, but it was nearly over whenl reached. This was a fortnight before the Meeting—it was the time when Murry was wounded. This Murry was a spy, and was not dead, indeed, when he could stare out of a window at me. I cannot recollect if our division stopped at Murry's, near Whitemoss, though we did at the Newcross. At Whitemoss there were a great many divisions ; there were thirty or forty m en in a company at the drilling near Murry's, but it was all a piece of nonsense. There were three or four companies where John It - eod was, who is now come here to give evidence for the other side. They had no bugle. I never heard them ordered to " fire," but to stand at ease," and " as you were." sand such like as that. Sometimes there was one man giv ing the word of command to each company. At Oldham Edge there was another meeting to drill, about a week before that at Whitemoss. I went to Oldham Edge about five in the morn ing ; iLwas; on a Sunday. There was only one company there, to the amount of about forty. I can't say what is tire name of the man who then commanded the company. They did not march as soldiers do, for they had not common sense to do it— ' they were boys between 12 and 14 years of age. There were' different descriptions of people there, but chiefly boys. I went some little down the road with them, and then went home.— There was no regular order ; sometimes they trod on one ano ther's heels. The word of command was "Quick march," " Halt," and such like. Sometimes he marched to these words, and sometimes he lauhed at them ; when he stopped, he did so at " Stand at ease." I never heard the word - of com mand " to fire" in my life. I never was at Tendle-hills at a drilling, or for any other purpose. Of the thousands who were at those drillings, I don't know whether any went to Blanches ter or not ; some of them were there, I mean of those who were at Oldham-edge ; I saw none of those who were with me at White-moss ; I went in the Oldham division, - but they were not commanded by any particular person ' • they certainly were not ; the girls dressed in white carried the banners to New cross, and there we stopped ; twenty girls followed the Fails:. worth banner--one of them holding it ; I can't say what was on that banner ; I never touched the Oldham, banner ; we had one flag and a cap of Liberty ; on it was " Major Cartwright's Bill, and Blection by Ballot;" the inscription on the Lees ban ner might be " Equal Representation or Death ;" I believe this was the black flag ; the inscription on the Moseley flag I did not particularly notice ; I did not see any flag bearing on it " Let us die like men, and not be sold like slaves ." I did see one with " No Corn Laws ;" we .had no fifes, but some thing like a trumpet or a bugle, if you like it ; I passed by the Exchange I know, but I don't know Manchester well ; I was not at any meeting last Sunday at Oldham, though I heard of one at which the Manchester scenes were exhibited • I don't know whether I went to the Manchester meeting by the nearest way or not ' • Re-examined by Mr. BLACKBITRNE.—OIdham-edge is a public road ; women were there with children in their arms, looking on, watching, or looking at what was going on. Old ham-edge used to be the road to Rochdale ; I could not earn 20s. a week, if I played Mondays and Tuesdays. Abraham Rigby examined by Mr. BLACKBURNE.—I am a cotton-spinner, residing at Oldham ; I went to the Meet ing on the 16th of August, and on our way nothing was done to excite any disturbance ; I was about five or six yards from the hustings, between them and Buxton's house ; I stood with my back to the line of constables towards Buxton's house ; I saw the yeomanry cavalry advance towards the hust ings, and before their arrival all appeared to be harmony and conviviality among the people ; I did not observe the Yeo manry at their first onset ; they were close up to me before I could properly see them ; there was a great crowd round me ; when I did see them, they were cutting away at the people who stood near ; when they came up to me, I had my . back to the constables, as I said before, and the constables imme diately began to strike the people with their truncheons ; one of the constables pushed me towards the horses of the cavalry, and I received a blow on the hat with a cavalry man's sword ; I saw a great many other persons struck who were in my situa tion ; I saw blood flowing very copiously from some of the peo ple's. heads ; the cavalry usually struck them over the head ; I was forced back, by the pressure of the crowd, towards where the constables stood, near `Windmill-street; the houses in Wind mill-street are generally cellared, and the iron railing before them was broken down by the pressure ; I was thus forced into a back yard ; after.l was driven into the yard, the constables followed sis, and used their staffs, until we at last got over a wooden fence, when I again saw the cavalry pursuing the people at the higher end of Windmill -street, towards Lower Moseley street. I then got away, and returned again in about ten minutes. At the top of Windmill-street 1 met an old man whom I knew, bleeding profusely from a wound on his fore head. After I had seen him I went to the ground I occupied • before to get my hat, which I had lost there. I observed that most of the people had fled, and the cavalry were in column. — The constables were striking some aged and infirm people, who could not get away. I usually walk with a stick, but I did not carry it on that day. I used it before to assist me when in the rheumatism. My reason for leaving my stick behind me was, because Lwas told we should carry no stick or any instrument to the Meeting. Cross-examined by Mr. STAREIE—I got a hat but not my own ; I worked at' Oldham for James Chadwicke, and earned from 17s. to Ms. a-week ; 1 worked all the week ; I never was at any drill ;. I disapproved of the measure, and persuaded others from it. I anticipated no mischief, but I thought it the work of some incendiaries ; I gave this advice to young men, perhaps some of them 18 years of age, in our own neighbour hood. The subject often came in conversation, and then itwas I talked of it. I never went near White-moss, nor was 1 ever at Tendle-hills. The people came from different surrounding vil lages of Oldham, and might amount perhaps to 5 or 6,000. There was one bugle, or an instrument of that description. I will swear I never heard the sound of the bugle by night either on Satur day or a Sunday. One division had no commander, because it was agreed that the _parties should go on by the sound of the bugle, which sounded from time to time as they went along the rood, either to march or halt; there was a fife or two and a drum, and as we left Oldham the colours were flying, and the fife and drums playing. In that array we went on to Manches ter : we first halted at FaiLsworth, where we were joined by their division ; they had colours, but 1 do not know if they had a drum or fife. The bugle then sounded, and they went on—. the different divisions being distinguished by the colours. We marched 'five or six a-breast, and had nothing in our hands above the ordinary size of walking-sticks. 'We next halted at New-cross, Manchester, by the sound'of the bugle, where some of the sticks. were thrown away, but I will not say all—we went along Swan-street, by the Exchange, and Dean-street : I did not then know it was not the nearest way, and I believe they took that road out of ignorance. The neighbourhOod through which we ;passed was very populous,—we also Went through Hanging-ditch. 'We did not stop .at any place, but at' New cross ; nor do I know any one of the name of Murry. I then marched on to the field about twelve o'clock ; a great many people had then arrived there, and perhaps three or four flags, —some arrived afterwards ; I heard the cavalry were coming, as I said before. Re-examined.—At the sound of the bugle we marched, or stopped, merely by its sound. Joseph Brierly examined by Mr. BLACKBURNE.—I am a hatter, living at Oldham ; I accompanied my townsmen to the Manchester Meeting ; I was within about five yards of the hustings on the Deansgate side ; I saw no constables till the cavalry came up • I heard the cry that they were coming, but I could not see them ;_ they were perhaps about 80 yards from me when I first saw them, advancing in a trot to the hustings; • when they got among the people they committed havoc, and cries of murder, and shame, and scandal, were uttered from every side ; when the cavalry came up I was driven back to a cellar towards the 'Windmill public-house, near Buxton's t house ; I was thrust into one of those cellars with many others.; the railing broke ; the cavalry were then beyond the hustings, and I saw nothing more ; I heard cries of murder with loads over me. and I saw a woman so bruised that she almost im mediately died. • Cross-examined by. Mr. Serjeant HutLocx—l am employed by Mr. Barker, and was so in 1819 ; I work by the piece ; I had not then constant work, for our trade varies greatly in its branches it was then dull; I had part employment, but not so much as I could do. I have been drilled, and had a red coat on also. I earned 15s. a week. I never saw any drilling at Whitemoss or other places. I met the party on the green in Oldham on the 16th. We met there to prevent our going on the road in a confused manner. I can't say how I knew we were to meet there ; it was talked of about • the country. The 'Lees, Saddleworth, and Royton people met together on the green. I went because others went. I don't know the distance from Oldham to Saddleworth. I can't tell you what I don't know. I have always lived at Oldham. Serjeant HuLLoc x—H av e you dined to-day ? Witness.—No, not yet. The bugle put us into order. I don't know who blew it. I heard the wind blow. I saw no commanders. I do not know the man who blew the bugle. We could not march to the sound of the bugle ; when it sounded we halted in front, and I being in the rear, was like to stop. I returned to Oldham about six that night ; I can't tell how many of us went from Oldham green ; there were 600 to 800„ including women and children, when all the persons were to gether ; I can't tell the number of men in the party. I was at a former meeting when Mr. Hunt was at Manchester ; I can't tell when it was ; Mr. Hunt did not speak from a gig on that occasion • 1 heard and saw him ; I know Mr. Hunt by sight; I saw him on the ground on the 16th ; there were many per sons with him ; he came in an open carriage ; I don't know who were with him ; I don't know either Mr. Johnson or Ole lile; I can't say if there were any women in the carriage ; there might be one with a banner ; I swear I can't recollect whether there was a woman on the dickey of the carriage. I work for Rochdale. I was never at any private meeting bi a. room, either there or at Oldham, or any where else. Re-examined.—Saddleworth is an extensive district ; it is all, in Yorkshire ; Oldham Green is below the market ; it is quite handy for the people to call. , Thomas Kay was called, but did not appear. Joseph Hindle examined.—l am a weaver at Little Bolton I was at the meeting at Manchester on the 16th of August ; I was at the north side of Peter's-field, near the windmill ; , the meeting consisted of men, women, and children ; I arrived on the field a quarter before twelve o'clock ; the meeting was peaceable. I saw the Manchester Yeomanry enter the field ; this was the first time that I had been at Manchester. I saw the military near a wall opposite to Mr. Buxton's hope ; when they got to the hustings they began to forma circle ; they then started, and began to cut ; I was wounded on my right arm ; I could not identify the person—he was one of the Yeomanry ; I was trying to escape, but could not ; the pressure of •the people forced me under tbe horse's neck ; , the soldiers cut at those who were behind me, and they cut an old man—the blood spouted on my breast. After they cut as long as they well could, they drew back to let those pass who could, and I went away. I saw no stones thrown—the people could not stoop to throw stones till the ground was cleared ; I saw no resistance made to the military. Cross-examined by Serjeant Cuoss—l went from Bolton that day ; Bolton is 12 miles from Manchester ; • I met a few who said they wished to go and see Hunt. Six or seven of us started, and we met three or four on the road. -It was by acci dent 1 went ; I had no previous intention of going ; it was too far.—This was the first meeting of any kind that I had been at.--Corkey-moor is four miles from where I live ; I never at tended a meeting there. _ Wm. Cheatham examined.—l am a weaver at Little Bolton I was at the Manchester meeting on the 16th August; I wen t with one man named Wm. Fallous ; I was in thelower part of the field towards the New Bailey ; I was not near the wind mill stood towards Peter -street, the opposite side to Wind mill-street; the meeting consisted of men, women, and child ren, a great proportion of each ; it was peaceable and quiet as far as I saw ; the people were not armed in any manner_; I saw the Yeomanry Cavalry just as they got up to the hustipgs, but not before; I saw them strike the people with their sw6rds. Serjeant H uLLocK asked if this was evidence ? None of the witnesses appeared. to have been on the spot, according to the evidence as it now stood. Mr. EVAN'S observed, that he had to conduct his case as he thought best. If he were to act according to the suggestions of his adversary, the ends of justice might he defeated. Witness's examination continued.—l was severely cut by a trumpeter. Mr. Serjeant HILLOCK said, this evidence did not affect the defendants, and only went to excite a prejudice, which ought not to exist in any case. He hoped his Learned Friend would go on r_sularly after this witness. Mr. EVANS was about to argue the case, when Mr.. Justice HOX.ROYD decided, that the regular course was to prove the trespass. Witness's examination continued..—l saw no stones thrown at the military, nor any resistance in the least made to them. Cross-examined—l am a weaver at Little Bolton ; never was at a meeting or drilling at Corkey-moor. The next witness called was J. Davenport. Mr. Justice HOLBOYD—Is he to prove trespass ? Mr. EVANS—No, my Lord. Mr. Justice HOLROYD—I think you must first prove the trespass. There is a plea of Not Guilty, and the evidence, as far as it las yet gone, was irrelevant to that point. Mr. EVANS was again about to argue the case, when the Court decided against him. Joseph Prestwick was called, but did not appear. • Mr. EvArrs—We shall send for him. A delay of a few minutes occurred, after which Joseph Prestwick appeared. He was upon crutches, and ap peared pale and sickly. He answered as follows :—I am a weaver, and live at Droylsden, near Fairfield, about five miles and a half from Manchester ; I know Alexander Oliver ; I also know Thomas Redford ; I have known Redford sixteen years, and Oliver about ten ; Oliver was one of the- Manchester Yeo manry Cavalry ; I saw Oliver on the field on ' , the 16th of Ou- Qst, 1819 ; I saw Redford there too ; I saw him near the uakers' meeting-house, where he was cut, amongst some tim ber. This was on the other side of Peter's-street, from the hustings. I saw Redford cut ; I did not see his face before ; when I saw him cut, I turned round, seeing him advance so sharply on me. I saw Oliver before ; he was about 20 yards from the hustings, when I first saw him. It was Oliver who cut Redford ; he was struck on the shoulder ' • I thought he would take one side of his head when the sword went. I was busy making my escape, expecting that would be the case with me. There were several other yeomanry on the ground, acting in the same manner. I knew one, his name was Samuel Har rison. It was near 12 when I got to the Meeting; six or seven. neighbours came with me from our village. I was sitting at breakfast when they came and invited me. Thefirst place I offer ed to go into the field was near a gentieman'i house, where con.. stables were. I then crossed within five or six yards of the hust ings, on the Windmill-street side, towards Buxton's house ' • I stood there, and saw the cavalry when they first appeared in sight; they came at a short canter as appeared to me ; this was before they came in front of Buxton's house ; I afterwards saw them wave their swords when they set off from Buxton's house ; 'to my recollection one came out in front of them ; Ido not know what he was ; he came a few paces, and the other fol lowed him down the line of the constables ; they were coming a canter as usual before they halted ; the people conducted themselves very peaceably and quietly ; I saw the cavalry come up to the hustings ; I saw no sticks, or stones, or brickbats, thrown at them • I was taking notice of them at the time'; I was between Windmill-street and the hustings, and as they passed Inc they made several blows at the people ; then they surrounded the hustings ; they came close by me : I got a litttle cut in my hand, and my knee hurt; I pulled my hand out of the way, and the point cut my finger; some people jumped from the hustings, and some were struck at ; one part surrounded the hustings, and the others were chasing the people in all directions, some towards Peter's church, and some towards Deansgate. Left, sitting at half-past three o'clock. BIRTHS. On Friday, the sth instant, at his house in BOlton-street, the Lady of the Hon. Thomas Knox, M.P. for Dungannon, of a daughter. On the same day, at Viscount Northlands, in Upper' Gros venor-street, the Lady of the Hon. Captain Knox, R.N. of a daughter. MARRIED. On the 3d inst. at St. Magnus's Church, Mr. John Freeman, of Millbank-street, to Mary, second daughter of Mr. George Deane, Monument-yard. • On the 2d inst. at St. Pancras Church, Mr. Thomas Morscn,. of Fleet-market, Chemist, to Miss Charlotte Elizabeth Pegram, of Tottenham Court-road. DIED. On the sth inst., James Donald, the infant son of Mr. Dun can Mac Callum, of Christopher-street, Finsbury-square. Suddenly, on the Ist inst., Colonel Patrick Hay, of the Hon. East India Company's Service, at Ensham Hall, the residence of his son-in-law-, John Ruxton, Esq., aged /3 years. On Thursday, the 4th inst., in East-street, Brighton, in the 34th year of his age, Dr. John Clayton Hall, eldest son of John Hall, Esq., of North -street, in that town. Printed and Published for the PROPRIETORS, at the Su's- Office, No. 112, Strand, by J. B. CARSTAIIL3.