The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1841-04-06 00:00:00

board, the jury Would 'find, that some of the Robert's crew stated, that they had seen the Hunter before the collision. The jury should hear their account of the accident. It was this : that they saw the Hunter kept the wind, that they tried to luff, and they did luff. So far they were right : the Hunter was upon the larboard tack, the Robert upon the starboard : therefore, they had a right to laff. But instead of continuing to do so, the captain of the Robert bore up, and allowed the vessel to fall off the wind about four points; that, again, thinking he had done wrong, he put the helm down, which brought the vessel so near that the starboard bow of the Ro bert came in contact with the starboard bow of the Hunter. The jury would find, from the man who was steering the Ro bert, that, if the master had not taken the helm, the accident could not have happened. Under these circumstances, the present action was brought to recover compensation for the loss of the plaintiff 's vessel. The learned counsel then called Thomas Smithson, cap tain of the Hunter, and Adam Sinclair, mate, Edward Cou sins, the seaman alluded to, and the captain of the Halifax, who confirmed his statement of the facts. Mr. ALEXANDER addressed the jury on the part of the de fendant. He said he should be able to show that the accident had been caused by the Hunter. The helm of the Robert was never out of the hands of the captain till after the acci dent had occurred, and all her crew were upon the look out, whilst on the Hunter there was but one, for it would be re collected that the captain was below, another man was at tea, the third was gone to see what o'clock it was, and the fourth was at the helm. There was, consequently, no one upon the look out, as there ought to have been. When the vessel approached, the Robert hailed the Hunter and received no answer. He should also be able to show, that the Hunter might have altered her course three or four points, and yet have been before the wind, had she been disposed, and that she must have seen the Robert if a proper look out had been kept. He would ask the jury, whether a vessel, under such circumstances, could claim for damage ? He should further show, that the Robert was sailing only at the rate of two and a half knots per hour, whilst the Hunter was going at eight, so that it was ridiculous to talk of the collision having pro ceeded from the Robert ; and further, that a considerable portion of the Hunter was burnt. He should call those who would prove, that a blanket had been on fire in the forecastle ; that parts of the ship took fire in consequence; that part of the mast was burned ; and that the vessel floated for six hours after the collision, whilst the Robert sunk immediately. • Thirteen witnesses were then called, whose evidence sup ported this view of the case. The jury found a verdict for the defendant. The damages had been laid at £750. The trial lasted the whole day. The court rose about six o'clock. CROWN COURT- MONDAY MURDER BY TURN-OUT SAWYERS AT ASIITON. John linline, 31, and John Williams, 30, were indicted for the wilful murder of Ben. Cooper, jun.. at Ashton-under- Lyne, on the 11th of December last. Mr. Sergeant Atcherley, Mr. Brandt, and Mr. Wortley, appeared for the prosecution ; Mr. Wilkins and Mr. Over end for the prisoners. The indictment was of great length, and 'consisted of four counts. The first count charged them with having, of malice aforethought, assaulted one Benjamin Cooper, a sawyer, and that Ifultne with a certain metal pipe, plugged at one end, with lead and wood, and made to serve the purpose of a can non, then and there charged with gunpowder, and charged with twenty bullets or slugs, discharged them at and against Benjamin Cooper, of which he died instantly. The other counts varied the charge. Both the prisoners pleaded not guilty. . Mr. Sergeant ATCHERLEY then proceeded to state the case. The jury had heard from the officer of the court, that this was an indictment which imputed to the two prisoners at the bar, the crime of murder. • Mr. Wutxiss here begged his lordship to order all the witnesses on both sides out of court. The JUDGE.—Certainly. • Mr. Sergeant ATCHERLEY alio requested that an officer should be appointed to take charge of them. Mr. WILKINS.—Your lordship will pardon me if I invite your attention to the opening of the Attorney-General. If it is what I anticipate, I shall be obliged to raise some objec tions. Mr. Sergeant ATCHERLEY said that the witnesses being withdrawn, be could proceed. He was stating that the con sideration of this being a charge of murder, involving a ques tion of considerable importance to the public on the one hand, and of the last importance to the two prisoners at the bar on the other, was sufficient to bespeak their calm and serious at tention to the facts of the case, which he meant to open with as much brevity and simplicity as lay in his power. The person whose death formed the subject of the present enquiry was a man named Benjamin Cooper. The day upon which the transaction occurred was the 11th of December last, and the place was the town of Ashton-under-Lune. In Ashton under-Lyne, he understood, there was a considerable traffic in the building and sawing business, and a considerable num ber of hands were employed in it. About the month of Oc tober last the prices which had been paid for labour to work ing sawyers in the town of Ashton bad been higher than those paid to the same sawyers in the town of Manchester. The master sawyers thought proper, whether rightly or not did not signify to day, to reduce the prices which they had before been in. the habit of paying, in order that they'might be able to compete with their rivals in trade in the adjoining town of Manchester. Notice was given that from and after that day, sth of October, the reduced prices would alone be paid. This notice naturally begot considerable dissatisfaction on the part of the working sawyers in the. town of Ashton ; they did not enter into the feelings of the masters, who had to compare their means with those of the master sawyers of Manchester, the working sawyers only considering the diminution in the wages which they had been in the habit of receiving for them selves and their families. This dissatisfaction produced what was commonly called a " strike" or " turn out. He meant to go over this part of the case as shortly as possible, because it was only material, on the present occasion, in so far as it supplied the motive for the deed which formed the subject of this enquiry. A man named Whitfield, 'he understood, was a considerable sawyer in'the town of Ashton, and, he believed, a builder too, and he employed several hands. Some of his workmen. turned out, or " struck," on account of the reduc tion of wages ; and Mr. Whitfield was forced to apply else where to endeavour to obtain hands, who • should lake•the place of some of the men who had struck and ceased to work for him. Two men were obtained. One of them was named Benjamin Cooper, the deceased, about whom they were about to enquire, and the other was James Cooper, his brother, who would be a witness to-day. These men worked in Whit field's yard. In the yard there was a sawpit. That pit was partially con cea l e d by a sor t o f bo a rdi n g intervening between the road and the place where the men were working, probably for th e purpose of making it more warm for the men to work in. Here h in evidence certain would mention at once that he proposed to give ertain att em pt s by the prisoners at the bar upon days antecedent Mr. wiLK to th e 11th o f December-- case, take I • IN's said, he would then, in this stage of the Mr. his objection. Ser geant ATCHERLEY would save his learned f riend the tro u bl e would for he would not state the facts referred to , b ut offer them in evidence. Whatever might be his own opinion withre a gar;liatothetadmissibility to himselfreserve e vidence state but the right o proving it, und er the direction of the learned j ud g e, when the proper time should have arrived. He came then to the 1 1th Dece m b er. Ab out s i x o 'clock in the evening of that uay, probably the jury might be of opinion it was a little before six, the two Coopers were working at the sawpit in question. Here he thought it right to state, if anything turned upon the exact or precise point of time, that any person who was at all practised in a court of justice must be aware that no great faith or dependence was to be placed upon the accuracy of different country . clocks. It was only just to wards the case for the prisoners, to remark, that no depend ence could safely be placed upon the accuracy and conformity of country clocks. Even with regard to public clocks, factory clocks, and church clocks, for instance, within the distance of •a mile, there might be a difference of five or ten minutes, so that upon the matter of clocks he placed no dependence whatever. However, somewhere about six o'clock, these two men were engaged in their labour. Benjamin Cooper was the top sawyer, and he had a lantern attached to his knee, or pear his knee, which would, therefore, make him an ob. ject clearly to be seen. His brother James was the man in the pit. Suddenly a great report or explosion was heard. Benjamin Cooper immediately called out far help. He (the learned counsel) forgot who first went to him ; but the un fortunate man was found to be much injured. He reeled ; and he was afterwards conveyed to some distance, upon a board or shutter. Two surgeons were called in. He was told his situation, and he exclaimed, " What will become of my wife and children ?" or•some language of that sort; also some expressions strongly indicative of pain, such as, " Will nobody, for God's sake, stab me ?" or some phrase of that sor. He remained in that state till eight o'clock the same evening, when he died. Upon examining his person it was found that different slugs had entered his body. One, he thought, but be4did not charge himself with accuracy in this matter, had entered the liver, another had penetrated the spine, and a third was lodged somewhere near the hip. Of course an alarm was given, and different persons were taken into eUstoily, mina among others a man named Davies, who wield be examined to-day. 04 the following morning a pipe—a sort of metal pipe—was found ; and he apprehended there would be no doubt whatever that the prisoners were the persons that used that pipe, and that it was the instrument which caused the death, It was a large metal pipe, plugged at one end, capable of holding a considerable number of slugs, and a considerable quantity of powder, with a touch hole which had been drilled for the purpose of communi cating with some train, which, when ignited, would set fire to the pipe. Slugs, or marks of them, were found in the board ing before described as being; a screen or shed which pro tected the workmen from the weather. lie had mentioned that a man named Edward Davies was apprehended upon the charge. He was an accomplice who was this day to tell the jury the history of this transaction. In this part of the case let him (the learned counsel) tell the jury two things. In the first place, though an accomplice was in point of law a competent witness, and a jury might, if they thought proper, act upon his evidence. yet in point of practice, and in point of just and sound reasoning, it was never right to de pend upon the testimony of an accomplice, unless lie re ceived with regard to his story, from other quarters, a con firmation which should erect his credit, and entitle him to the faith of the jury. But there was another remark which he wished not to omit in this place—namely, that when the accomplice first gave the account of his having a knowledge of the transaction, he did not then state the whole of that which he was about to state to-day. According to the best infOrthation he had, and from the best attention he had been a le to bestow upon the ease, he (the accomplice) stated at all inconsistent with that which to-day he was for ertai!ii reasons, as to which the igrY would h a ve the auty of inquiring, he certai n ly did n ot • • • I he had State all then which} subsequently stated. lie had thought it necess ary to Premise these remar k s w i t h regar d to the situation in which this man would appeai• before the court. The question then would be, whether or no lie should be confirmed to the s atisfactiOn , of the j ur y, by other et/ 7 • d e ppe, With regard. to t h at he (the learned council) did not pn the present occasion mean to enter into mitiute de-. upon the part . of _t e prosecution as being tails of the smaller ponenrring circumstances which were to by urgedaccomplice, lest he should do an *niury ripatiozo e f y tti s e would tPat4ecethat that to qconfi,uince, rinatien arose frgm pre= vinus concert, which he intended b etween the two parties charged, from theirtheirown observaPens and account s of themselves after the tr ansa c tion, from the explanation s they had chosen to give, fromthe declaratio n s the Y had made t o different parties, and f ro m their having the fatal been seen in the neighbourhood of ' the spot shortly after that he meant to open this red. lie bad begun with sta tin g case as shortly as he was able, All he had to do was to ex .ort of ind • to en deavour to furnish to the mind s of the jury a _s the evidence about to be adduced. lie shoutd , therefore, say no more at present than this—that if in the re . su h lt e they the ashooulde entertain any reasonable and honest doubt w b l e t g h rd orror e guilt of the two prisoners, whatever might . d they were longing to the deed which had been committed, entitled to the full benefit of such reasonable and honest doubt; hut, again, if they should see any reason to distin guish between the cases of the two prisoners , and should_ b e of opinion that with regard to one of them onl y the evidence of the accomplice was plainly confirmed, and with regard to the other insufficient, they would, of course, make such dis tinction. But if, after a long trial—for he feared it west be such—they should in the result feel no reasonable or honest doubt with regard to the guilt of the two men—in that case, however painful it might be, they must discharge their duty. The learned counsel then proceeded to call witnesses. James Cooper was the first witness; lie was examined by M r. BRAN DT. He said he was a sawyer, in the employment of Mr. Whitfield, and was one of the new hands whop came ti the place' of those who turned out. cdmpanian was penjamin COOper, whO was the top sawyer. [A Inodel was-here pioduced in court, and the witness pointed out the plape where he and the deceased were working A the tinac ? l Helcnew the prisoner Williams by sight, and spn the 4th December he SaArhith Standing with a man named Shaw, outside the gate. He had passed several times before. On the 4th December witness was alarmed by the report of a pistol or fowling-piece, as he and his brother were working in the pit; it was a quarter before seven at night. Up to the 11th of December, witness and the deceased worked at the pit. On that day they were at work. They had just changed " bearers" ; witness being in the pit and the de ceased on the piece to be sawn. It was then somewhere near six o'clock. There were two candles in the sawpit, one of which witness had at the bottom, and the deceased had the other fixed to his light leg. Soon afterwards witness heard a large report, something like a piece of artillery, and the deceased called out "Oh dear, I'm killed." Witness could not get up out of the pit he was so stunned. Both the lights were blown out. A person named Hadfield came to their assistance with a light, and they took deceased to Mrs. Wood's, the Swan Inn, where he died in two hours after. He was wounded in his right side, which was the side he had towards the road. Witness examined the place the next morning. Ile found three slugs on the opposite side of the sawpit, which was in a line with the place where the de ceased had been standing. Cross-examined by Mr. Witauss.—Witness knew the prisoner Williams; he lives in Stayley-bridge. Neither witness nor deceased had any quarrel with him; but on the 4th December the deceased had treated him. Had had no quarrel with him. Re-examined.—The treating happened in this way. Wil liams and Shaw called the deceased out ; they went to the gate and the deceased followed them. What took place after witness, of course, cannot tell. Thomas Hadfield s:.id he was a carpenter, in the service of Mr. Whitfield, and was on the night of the 11th December working in the same yard with the deceased and the last witness. About five or ten minutes to six witness heard a loud report like that of an artillery piece. When lie heard the report witness was at his bench working, but could not see the deceased. Benjamin Cooper immediately afterwards called out to him to come, but the light was out. Witn ess got a light, and witness helped to take him to Mrs. Wood's where he died. On the 4th December John Williams and V illiatu Shaw asked deceased to pay for a quart of ale. Knows Edward Davies, and had often seen him pass the yard. Had seen Williams .pass and repass the - yard before, and Davies was with him several times. Cross-examined.—Does not know where Williams lives. James Roscoe, a boy, examined by Mr. Sergeant Atcherley, said that in December last he was in the service of Mr. Whitfield, and his place was in the shed beyond the sawpit. Witness heard a loud report, like that of a large cannon, at ten minutes to six. In three minutes afterwards he heard Benjamin Cooper cry out. Witness was rather confused for three or four minutes by the report, but afterwards he went into the sawpit with Hadfield. They found the deceased lying there ; there was a deal of blood upon his head. Also found a lantern. The next day witness found a slug or bullet in one corner of the lantern; it was fast in the tallow. There was an opening in the shed before this matter happened, made by the boards " lapping over" one another, end the sawyers could be seen through. The following morning witness examined the place, and found the spot where the cannon had been laid. It had left a mark in the ground, and it was three or four feet from the board. It was in a slanting direction. , The place where he saw the cannon was a raised bank about 18 inches wide and about 3 feet higher than the level of the ground. Witness was with a man named Mills on the Saturday morning afterwards, about eight o'clock, and Mills found the pipe. It was about 13 yards from the place where witness had before seen the mark of the cannon, and was lying in a slanting direction from it. Richard Whitfield ssid he was a timber merchant at Ashton-under-Lyne, and had taken the deceased and his brother into his service. There had been a turn-out of the sawyers; 30 men struck. On the 11th December witness heard the alarm made by the report of the cannon. Found the deceased, and ordered him to be taken to Mrs. Wood's. Witness examined the shed outside at 8 o'clock, and on the edge of the bank he found small indentations, such as would have been made by a piece of iron strongly corroded. The impression made a rough surface. Could not tell whether it was made by a straight or a curved substance. Opposite to the impression the side of the shed was torn to pieces. The next morning witness found a slug in the shed next the saw pit. A slug was also delivered to witness by Roscoe. Cross-examined.—Saw the pipe which was said to have been found, and it was the same which Messrs. Jamieson said they believed had come from their works. John Goldhope.—l live at Ashton. My father is a timber merchant. His yard is about 100 yards from Mr. Whitfield's. I heard on the night in question a report as of tire arms. That was about ten minutes to six o'clock. I thought the noise was under ground. At half-past seven next morning, I went to Whitfield's, and saw Mr. Mills put his foot on a cannon ; the short tfaugewas towards the pit, and the mouth towards the fields. It was about 16 yards from the pit. I examined it, and smelled at it, but could not say whether it had been fired. It was black about the mouth, and might have been fired. James Ashworth, constable of Ashton-under-Lyne, re ceived on the morning of the l2th, a pipe from the last wit ness, which he produced. It was about two feet long, and the bore about two inches in diameter. George Keyes, another constable, produced pieces of tim ber froth the shed, which had been much shattered. On one piece there were still marks of powder. Lees Broadbent.-1 am a surgeon at Ashton-under-Lyne. On Friday, the 11th December, I was called in to see Benja min Cooper. He was almost in artictilo mortis. I found he had received several jagged gun shot wounds in the right side. His mind was perfectly clear. I told him he had re ceived a mortal wound, and he said he was convinced of that. He said that when he was sawing, about six o'clock, he was • blown from the balk ; but he had no suspicion by whom It was done. He mentioned having been shot at on the pre ceding Friday. He died about eight o'clock. One shot had passed between the cartilages of the ninth and tenth ribs ; it proceeded through the liver, and for a short time I lost sight of it. I found, however, that it went through the tenth and eleventh ribs, and lodged in the third lumbar vertebrae. Another bullet was lodged in the hip. The cause of death was extravasation of blood from the wound in the liver. Edward Davies.—l am a sawyer. I have lived in Ashton for thirty-nine years. I was amongst those who turned out. Soon after having dime so, I took a card from the Society of Sawyers, of which I was a member, and went on tramp. Williams is a member of that society. Hulme is not a saw yer, and was not a member. Benjamin and James Cooper were not members. I returned on the 2d of November, and saw Williams in 01d-square Ashton. Our society held their meetings at the King's Head. There were some men with Williams, and they were asking him about £2 he had had from Oldham. He declined giving any explanation then. In the course of a few days I saw him near the King's Head, and he said he had been requested to go to the police-office, to own a top-coat. I asked him whether he had lost one, he said " Yes ; but that he was not likely to own it." Mr. WILKINs objected to the evidence on this point, be cause it had reference to a previous transaction. Malice could not be substantiated by proof of an antecedent circum stance. _ _ _ _ _ _ His.LonnsHlP ruled that the evidence should be taken, Witness in continuation—He said he had lost his coat in a job at Whitfield's house. I asked him what sort of a job ? He said they were going to give a blow-up, and when " Cast- Metal Jack" was about to apply the light, the watchman came up and caught them. " Cast-Metal Jack" is a bye-name of Hultne's. I said that he had better leave such jobs alone ; for by that means they should never come to a reconcilia tion with their masters. He said that the " nobsticks" must be removed, or that no good could be done. " Nob sticks" are men not belonging to the society, and who work for under prices. I saw Williams again, in a few days after, at the King's Head. Meetings of the society were held there nearly every day. There had on that day been present at the meeting 12 or 14 men. When coming out, he asked me whether I had a brace. I said thall had a brace at hotne, but no bits. I let hint have it. He then produced from his pocket about four or five files, and said " These are the sorts of bits lam going to use." They were at one end brought to a sharp edge. In about a week after I saw him It was the 18th November. We had a meeting at the King's Head. After the meeting was over, some of us went into the tap-roow. Williams made a motion for me and Ralph Icenworthy to go out. We went. He asked us to go and have a walk. After having some drink at the top of Scotland-street, I thought I would return home, but he said, " Let us go and see whether these nobsticks' are working." The road led to three sawpits, amongst others, Whitfield's. When we got near them, he said, " Let us go up here; there is Cast Metal Jack with a cannon up at Whit fields." _ _ _ Mr. Overend contended that evidence of former felony could not be brought forward in order to draw from it an in ference that a subsequent felony had been committed. He referred to Phillips and Roscoe in support of his position. The fact of malice ought to be deduced from the act com- plained of, and not from the antecedent act The Learned JUDGE thought that the evidence was clearly admissible. It was brought forward to show that the pri soners had such a feeling towards the deceased as might lead them to commit such an act as that charged. Witness (in continuation).—l' asked Williams what Jack was going to do with the cannon. He said that he (Jack) was going to tire it off at the pit, I inquired what sort of a cannon it was, and he replied that it was a bit of a pocket piece made out of an old pipe. He asked Kenworthy and me to go and wait in the fields while he went up to Jack. I said that I would not go, and immediately after there was a flash in the direction of the pit. Mime soon afterwards came up from towards a brickfield, lying between the spot on which we stood an d Whi t fi e ld' s . H e sa id th a t h e h a d tried it, but that it would not go off, and that before he could recover the men had left off work. He had something wrap ped up in a handke rc hi e f. I sa id t h at i t was d angerous to be seen with a thing like that, and he had better put it away. I then went away with K enwort h y . W e went to a public house Williamsn Delainere-street, kept by Thomas P r ofit. Hul m e and W were there. They had the cannon with them. A man named Samuel Hardwick, belonging to the society, was there. I mentioned the pipe, and Hardwick advised that it should be taken away, as it was a dangerous thing to be seen with. They asked me to take it away, and I did. Before Williams gave me the pipe, he said that he should like to shitt some of the knobsticks. I examined the parcel when I got home. It contained the pipe produced. 1 exa mined it in the absence of my wife, and then wrapped it up. and placed it under the bed. On the same night I went again to Profit's. The two prisoners and Ralph ICenworthy were there. We had a good deal 'of con'versjitiOn'abOnt the pipe, and I said they had better tkke it away next night, and put it in dome pit. They Said that they would, and I then went home. When I examined the pipe, there was a touch-hole in it, and I could see paper within two or three inches from the mouth. The pipe remained at my house till the 20th: On that day I was at the King's Head, from three to five in the afternoon. There was a meeting of the sawyers. Wil liams came about five o'clock. He called Ralph Kenworthy and me out, and said Hulme and he were coming to fetch the pipe away. I said I hoped that they would take it away from my house. Hulme joined us when we we re t a lki n g. RalPh Kenworthy was sent for the pipe, and he said that he would meet us at the top of Scotland-street. Hulme, and myself went thither, and Kenworthy met us with the pipe. lie gave it into HODD'S band, and Ralph told him to make away with it. He said they would, but Wil liams said he Ouisldd like to give come of them a start first. Hanle and Williams then vent off together, the former carryingthe pipe. They . went towards Stalybridge, and would have to pass Whitfield's pit. Kenworthy and I follnWed to watch them. We saw nulme at the bank join ing lip to Whitfield 's pit; we did not then see Williams. Iliihne lighted a match, lle had a roll of cotton, which is called a " cop." He ignited the ()op, shook it till it became of a red glow, and applied it to the piece, but it did not go oft. It had not, that I know ot, been reloaded since I Poured water into the touch-hole. He tried three time s t o fire it. He then whistled for Williams, who came up. I and Kenworthy then joined them. Hulme said that th e pipe would not go off; he had covered it with a cloth, but still he thought it had become damp. ~Kenworthy observed, " I tho ug ht i t was to b e ma d e a way, and they replied that they thought they would make one more trial. They then agreed to make away with it. After leaving the place, Wm. Shaw came up. Williams asked him to to to Harry Hard wick for 4s. H ar d w i ck was t h e s t ewa rd of the society. I said there was no need for 4s, and that I would .not sanc tion it. Willi ams sa id " Go; we ar e not going to do these sort of jobs for nothing." Shaw then went. On the same night I went to Booth's beer-shop in Dela mere-street. Hulme came in first, and Williams and Shaw afterwards. A man who sold pies entered.the house. The next time I saw Hulme . was' On the sth of December, which fell on a Saturday, when I met him at the Feathers Inn; Samuel Hardwick and myself were present at the time, and we were both somewhat tip s y ; b e t wee n eight and nine o'clock that night we met Willi ams an d Hulme, when the four of us went into Beckwith's public-house ; whileAhere, flame said he had done nothing yet for the sawyers, but that he would do something for them. The llth of Decem ber, the day of the fatal occurrence, fell on a Friday ; there wete two meetings of the club at the king's Head that day, one in the morning and the other in the afternoon ; the com mittee and others were present at both; I went there at half past two o'clock ; the meeting was held in the garret ; the boxes belonging to the society were kept in the same room ; Williams was present, and they were reekoaing up the ste ward's hank when 1 entered •, after the boOks were finished, the steward asked could we do nothing in the affair of the masters ; at that time we had a sort of a compromise with the masters ; it was suggested by the meeting that it would be a good thing if we could settle the affair said I had been with the masters, and that it would be a good thing to have an arrangement made ; one of the committee said it would be no use to enter into any arrangement, as the masters would nut take the biggest part of us back; Williams also said it would be of no use, and that he wanted two or three volunteers to shift the knobsticks ; there was no di rect answer given to that, but one of the committee said we didn't need any thingof that sort; the meeting then broke up ' but as we were going down stairs Williams swore he'd be d'—d if he didn't shift some of them. I went away from the house then, and Williams followed me ; that was about half-past three o'clock ; he said the union funds were done, and that something should be done to get rid of the knob sticks, or we might starve in the streets ; I said I was go ing to Ralph Kennedy, to know if there was a letter go ing to Liverpool, as we sent to Liverpool every week, to get money from the union fund ; while we were sneaking Robert Kenworthy came up, and said he had been apply ing to get his wife out of the Lunatic Asylum ; he then left, and Williams and I went on together to Ralph Ken worthy; Ralph, his wife, and a Mrs. Marshall were inside; after some time Williams beckoned Ralph and myself out; we went; I asked Ralph if Hardwick was going to write to Liverpool; he said he was ; then Williams said, Ralph, we should do something to get rid of these knobsticks ; the union fund is done or nearly so ; we have had a letter to that effect." He also said, "We must either get shut of them or we may starve in the street." He said, " Your pipe, Jack and me have got ready ; we have loaded it with that powder that you ( Ralph) and myself sent for;" he said, " I have got some fine powder in my pocket to lay a train that it may run, and I want you (Ralph) to watch while Jack lets it off, to see that nobody takes it." Ralph said, " I don't know ; its a dangerous thing to be seen with; will it do any harm ?" Williams said, " No ; it will only give them a bit of a start." Ralph said, " I'll never mind going then if Davies (meaning me) will go with me." I said, " Provided no injury is in tended I'll go." Williams said, "There will not ; if you meet me at the King's Head, I'll send Jack the other road with it, and I will come through Dukinfield." He also Said, that " If we were not at the King's Head soon we should meet him in Scotland-street." Ralph then went into his house; Williams went off; and I went to the King's Head, and from there to Samuel Hardwick's. I spoke to Hardwi ck at his house. From Hardwick's I went back again to the King's Head, but, not finding Williams there, I went to Scotland-place, and I met Williams just over the canal bridge. He asked me if Ralph was come ; I said, "No ; I expected him here." He said, "He is most likely up at the place with Jack." Dukinfield bridge is not a hundred yards from the canal bridge. Williams then said, "Come up this way (Scotland-street), Jack will be up yonder." We were then going in a direction nearer to Whitfield's. Williams then told me to put his under coat on, that I should be dis guised, and he would keep on his top-coat. First, he pro posed that we should change coats, but I said my coat wouldn't fit him, and that I would do very well as I was. We didn't change coats. We then went up to Scotland-street, and came into Stamford-street, where we turned to the right towards Whitfield's. As we went along he took me up to the gable-end of Mr. Swift's house and said, " Thou hest nothing to defend thyself with." I said, "No ; I didn't want anything ;" and he pulled a knife out and put it in my hand, but I returned it to him. He said, " Jack must be protected ; 1 will lose my life before Jack shall be taken." He then took up a stone and said, " We'll go on, and when we get near the spot whistle and Jack will know that I am here." We then went towards the sawpit,,l first and he fol lowing me, and when we got within fourteen or fifteen yards Of it, and immediately after Williams told me to whistle, there was a flash. The flash consisted of a long trail of fire running along the ground a yard or more. Hulme was within two yards of the flash. He stood opposite the side of the pit. The report was a very heavy one. Hulme then came run ning towards me and kept on towards Stamford-street ; there I lost sightof him; I never saw him againuntil he was in custody. Williams ran with me, and I passed him before he got six yards. We rassed some buildings called Scnrrah-buildings, where we heard a woman cry out, " Good God ! what made that noise?" We went through Penny-meadow. At the Tontine Hotel we met William Marsden and William Newton. At that time Williams was walking along with me, for we then ceased to run. I went down Wellington-street ; the prisoner was with me at the time. We went through the market- lace before we got to Wellington-street. We went through Holt street, Portland-street, and over the canal bridge leading to Walkmill. He crossed near the new square in Stamford street, close to Dr. Wood's house. I parted from Williams at the junction of the canals ; he went off towards Dukin field along the footpath. Before he left he wished me to go through Oldham ; he said as there is likely to be a bother about this we had better go out in the country. As we were passing two sawyers that were working at Mr. Gill's he said, I wish that long b—r," meaning a man named Massey, " had a couple of bullets in him." 1 said I didn't wish any one to be shot. He said, "if Jack has elevated yon piece right lie has made a job of him ; when I left Ralph Ken worthy's the last time that afternoon I went across the mar ket-place ; I, was taken into custody at eight o'clock on the night of the 11th of December; I can't say whether Wil liams was taken up the same night, but I saw him in the court the Wednesday following•, we were then sent to Droyls den, and in about a fortnight after we were brought up in the lock-up to be shaved ; Williams, the two Hardwicks, and myself were left together; Williams said to the Hardwicks, " I hope there will be no splitting on this—Jack is a little good-'un, I shouldn't like him to be hurt—l would sooner hang like a pound of candles than split on him ;" we were sent that night to Kirkdale Gaol on a charge of conspiracy, not of murder ; while at Kirkdale I said to Williams that this was a very serious job, that a good many were taken up on it, that some innocent person might suffer death for it, and that if I knew he would have gone so far I wouldn't have gone with him ; lie said, " Oh, never mind it ; it will never be found out ;" I said I was sure it would come out ; he said, " no one on earth knows anything about it outside — only me and Jack" • Samuel Hardwick then joined us ; the same was said in his presence ; I said I was sure it would come out—that murder could never be kept secret so long , he said it never would come out ; [witness was here handed a paper] I saw this before at Beckwith's ; Williams gave it to me ; he said it contained some good receipts for making lucifer matches and for making fire without light; I was examined before the magistrates on this charge ; I did not tell the whole account on that occasion exactly as I told it to-day ; I omitted the last part about the discharge of the cannon. Cross-examined by Mr. WILKINS.—I have been a sawyer for twenty years, perhaps, during the greater part of which I have been a resident in Ashton. Never resided out of Ashton longer than a week or two at a time, when I had a job in the country. I did not' tell all that I knew at first, but all that I did tell was true. There might be some parts of it not exactly as I have recollected since. I do not mean to say those parts were not true ; but as near as possible they were correct. Robert Newton and Keys apprehended me, in my own house. I did not give Newton the account which I have given to-day. I might have told Newton that I had not heard of any man being shot or any shooting. I was very much agitated at the time. I told Newton 1 had left the King's Head the afternoon before the murder was com mitted, but I do not recollect telling him that it was at six o'clock. I believe 1 mentioned some time, but I cannot recollect what it was. I told him the names of the parties who were there. I cannot say that I mentioned the name of Williams to him. The recipe book produced was not found upon me. It was given to the police by my wife, whom I sent to look for it in a certain book. I do not know to whom it was given. I was a prisoner. It was given in my house. They were not searching my house at the time : they did search it, but the pocket-book containing it, in a drawer, escaped their notice. Samuel Hardwick was present when Williams gave the recipe book to witness : it was at Beckwith's house, on the sth of December, at night. Wil liams said I should find some good recipes in it. I did not read it at the time, but put it in my pocket. I went on " tramp" to seek work, in October. I applied for work at Lancaster, and at many other places. James Kenworthy left Ashton with me. The first place we went to was Oldham, where we staid all night. I was not sent out expressly for the purpose of collecting subscriptions. I did solicit sub scriptions. I went to Bury, where the society said they had many men out, and were very poor. After that I did not ask them for subscriptions. I also went to Burnley. I asked for subscriptions there, and I gave the society a letter which I had received from the secretary at Ashton. I went to Preston. I will swear I did not ask for subscriptions there. I next went to Fleetwood to look for work. I did not ask for subscriptions there, as thPre was no society. I then went to Laneaster, where I saw some sawyers. I will swear I never said to them—" If they would do as I wished, they would soon blow all the knobsticks to the devil," nor any thing of the kind, I never told them I had a recipe that would soon put an end to the knobsticks. I never suggested to them that if the knobsticks were allowed to work, I would set fire to their places. I then went to Liverpool, and afterwards to Dublin. I did not so licit subscriptions there, but the man who was along with me did. I stayed in Dublin two days. I then came back to Liverpool, and afterwards went to Wigan where Ralph Kenworthy solicited subscriptions. I should be surprised to see him here ; but I have heard he is gone away. Kenworthy joined me in. Liverpool, and he went to Dublin with me ; came back with me ; went with me to Wi gan, and back again to Ashton, where we arrived on the 2d November. It was on the 18th November I first heard any thing of the pipe. I kruiw it was that day because I saw a letter addressed by a friend of mine, named Thomas Bennett. It was not connected with the trade. At that time Bennett lived with Thomas Perry, a spinner, in Cowell-lane, Ashton. Bennett is a painter : he is my wife's brother. I do not know where he is now, as he left Ashton to look for work. He is not in custody. I have been in prison the whole time. I was brought from Kirkdale here. I cannot say how many times Newton has seen me in KiOidale ; two or three times perhaps. He, has 1.19'401114 edozen times ; but I will not swear he hai not seen me half a dozen times. I told the go. vernor of Kirkdale prison to write for him when I laid the information. It is three months since. . What I told him at that time was true. I did not at that time tell him I was present when the pipe was shot. I know it was the 18th of November because I had seen the day of the month in Henry Hardwick's book two or three days before. I cannot re member what was in the book. I first saw the pipe on the 18th. Hulme had it wrapped up under his arm. I expressed myself many a time against using such things. I did not threaten to inform more than once, if that pipe was not made away with ; but I told Williams, on the night of the 18th, I would let somebody know about it. I took it home with me the same night. Il told my wife, when she asked me what it was, that it Was some tools for which a man would call. The canal is 300 or 4(1(I yards from my house. I poured some water into the pipe the same night, about seven o clock. I got thp water from the kitchen. My wife was not in then ; she was in some of the neighbours; houses; but she had not been out many minutes. I cannot say when was the first time that I mentioned Ralph Kenworthy's name ; but I mentioned it in the court-house at Ashton. Both Ralph Kenworthy and myself told them to throw the pipe into a pit. I know Job Arundel and Henry Hardwick, I was not present when Hardwick and Kenworthy ordered Arundel to fetch some gunpowder from Oldham. I do not know Betty Travis by name. I might know her by sight. She might have been examined before the magistrates. There were six or seven people present when Williams said, as be was going down stairs, that he would shift the knobsticks. It was on the 11th that Williams said, " Jack and me have got ready yon pipe, with the powder that you and me and Harry have sent for." This was not said to me, but to Kenworthy. I have told this before to-day ; it was in the court at Ashton. When Williams wanted me to change coats with him, he had a blue coat on : it was not that which he is at present wear ing. I had no notion that Newton was taking me up on a charge of murder ; but I was committed for conspiracy. He did mention something about a man having been shot. The pipe was sent for to my house about five o'clock in the after noon of the 28th November. Ralph Kenworthy went for it. My wife knew him. I have kriown Hulme for about three years : he has gone for some time by the name of " Cast Metal Jack." Re-examined.—Newton did not come to me at all until after Mr. Amos, the governor of Kirkdale House of Correc tion, at my request, had sent for him. Samuel Hardwick, examined by Mr. WORTLEY.—I am a sawyer. I was a member of the Sawyers' Society at Ashton, and was secretary for a few months towards the last. In the month of October last I went to Bowstead's house, having been sent for. I found John Williams there, and asked him for what purpose he had sent for me. He said he should be obliged to have his etwd, for he mist go oft as 140 had been making aft attempt at Mr. Whitfield's, and he nitist have a sovereign too. He said he had made the attempt the night before. This was on the night of the 21st October. The meaning of " taking the card," is to show that the man who has it is qualified to take a job as a member of the trade. I told him he knew it was impossible for us to give him a sove reign, or any thing of the sort, as our money was very scarce. He said it ought to be borrowed, for he had lost his great coat in the attempt the night before, and Hulme had lost a pair of shoes. He had mentioned Hulme's name before. He said that Hulme and he had bored a hole through the door, and put a quantity of powder through, and when Huime was just upon the point of lighting the match, the watchman came round the corner, and they had a scuffle. I did net give him a card. He told me to go to my brother Henry, who was the steward of the society, to ask for the card. I went ; I then went back to Williams, and told him that my brother said he should have neither card nor sovereign. He said he hardly expected it, as he understood my brother Henry was rather in liquor. I remember being in Prophet's beer-shop, one night about the middle of November; I found John Williams, John Hulme, Ralph Kenworthy, and Edward Da vies there. I believe nobody else was in the room. I saw Davies carry something out, wrapped in something which I took to be a ba g . He took it f ro m the seat he had been sitting upon. The whole four had been sitting upon the same seat. Davies came back in a quarter of an hour. He then spoke to me, but the other men could not hear what he said. Two or three days after that, Williams told me that Hulme and himself had been trying the instrument. He said the instrument was a cannon made out of a pipe. He said they had tried it three times that night, but it would not go off, near Mr. Whitford's saw-pit. I remember being at Beckwith's house the Saturday night before this : there were there, me, Davies, Williams, and Hulme. I told Hulme I had been told by a certain person in Ashton, that he was not a man to be trusted with secrets belonging to the sawyers. I told him that this man had told me that whilst he was in Kirkdale, Williams had had to come down to him to keep his tongue a little quiet. He said he had said nothing of the sort, but that he had said the sawyers ought to look upon him more respectfully, or something of the sort. If recollect Williams had a sheet of paper in his side pocket, and he wanted to get it out to give it to Davies, as there were some good recipes in it, one particularly, to make good Lucifer matches. He gave it to Davies, and told him to take ' care of it. Williams had some difficulty in getting it from underneath a brown paper parcel, which he had in his pocket. The parcel was a square one. On the sth December, about three o'clock in the after noon , I as k e d Williams to go with me to Staleybridge. He said Job Arundel was to bring him something from Oldham, and he should have been home before that time. We walked on 40 or 50 yards, and then Williams stopped again, and said, " I should be at home to receive the parcel which Job Arundel is to bring me." I said " very well," and at that moment Davies came up; he went with me, and Davies came back. The morning after the murder, between 10 and 11 o'clock, I was at the King's Head. Many sawyers were there. There was a meeting of the club at 2 o'clock, in the room up stairs. Edward Davies, myself, John Williams, and some others were there. Hulme was not there he is not a sawyer, but I have seen him frequently at the King's Head. At that meeting, after we had gone through our accounts, so that everybody was satisfied, I said, " Would it not be better to send a deputation to the masters ?" Some doubted the utility of it. and some recommended it. Joseph 1 Marshall recommended the proposition, and said he should like to know how many of their masters had got into the black book? Williams said, in the end, "If nothing can be done, I only want two or three good volunteers." I did not remain in the room three minutes after that. I was taken into custody that evening, and I have been in custody ever since. I was in the police station with Davies, my brother Henry, a man named Thompson, Williams, and another. I heard Williams say "he should not like any splitting, and, rather than any harm should come to little Jack, he would hang like a pound of candles." I was afterwards taken to Kirkdale, and I remember some conversation between Wil liams and Davies. Davies was talking with him very se riously : he said that a great many people would suffer—that the innocent would suffer as well as the guilty. There had been au allusion to the Glasgow cotton spinners. Williams replied, " How the devil can they bring anybody in when nobody knows but thee and me and little Jack ? " Cross-examined by Mr. WILKINS.—I have been arraigned on the charge of conspiracy. I have been with Davies this morning, and have had some conversations with Mtn before. It was four or five days after we were liberated from Kirkdale that we gave evidence before the magistrates at Ashton under-Lyne. I was secretary to the society a little short of six months, and a good while since I held the office of stew ard. Williams and myself have not been very intimate. There is no rule of the society that would justify me in giving Williams money to commit a felony. I made very light of it when he asked me, because I could scarcely believe it. It was three o'clock in the afternoon when we got back to Ashton-under-Lyne. Two other clubs held their meetings in the room at the King's Head besides the sawyer's society. The first information which I gave respecting this matter was to Mr. Hall at his office. Davies was not present, but I had seen him the same day. I did not then tell the same story as I have told today, Newton apprehended me. I told him I knew nothing about the murder. I have not been told that if I would tell all I should escape unhurt. Ido not expect any thing for telling all; and no promise has been held out to me to induce me to do so. Mr. Whitfield was here recalled, and he said that on the night of the 20th of October an attempt was made upon his house. The door had been bored through, and a quantity of powder put in. The watchman alarmed witness. Cross-examined.—The powder was of a coarse kind, but not so coarse as blasting powder. Henry Hardwick, examined by Mr. Sergeant ATCHEILLY. lam a sawyer at Ashton. The Saturday night before the murder happened I was at the King's Head. Williams was there. He ordered Job Arundel to bring a pound of coarse blasting powder from Oldham. Arundel went, and he brought 2 lbs. of powder back. He gave me the powder, and I gave it to Williams. I was at the club-house on the afternoon of the day of the murder. Williams and several other persons were there. A motion was made that a deputation should go to the masters to see if they could compromise matters. Williams said, " Oh, it's of no use, there only wants five or six good volunteers to finish it." Witness was with Williams in the Staleybridge lockups. I said, " I wonder if the man was killed dead ;" and Williams replied, " Why, man, there might be five or six bullets into him, and all that I'm sorry for is that there was not another done at another place." He said, " It was intended that a coping stone should be taken off the wall adjoining Mr.Goldthorp's yard, and one of these things planted there and fired into Mr. Goldthorp's pit." I was afterwards with Williams in the Liverpool lockups, and I told him that Davies had been telling all that he knew. He said, " Then Ido not care how soon lam dead." I said, " Does he know anything that will criminate you?" He said, " Aye, he knows as much as I do myself." I asked him if he had not told Davies that it was Hulme who fired the shot ; and he said, " Why, I might have let it slip in conver sation." I know the book produced. It is a memorandum book that I kept of the sums I paid on account of the club. Robert Newton took it from me when he apprehended me. There is an entry in it of ss. Williams demanded that of me for Hulme. I was ordered to pay it to him, and I did so. I remember being in the lockups at Droylsden on the Bth of January, half way between Manchester and Ashton. I found the prisoner Hulme there. We were in the same place there. When we were alone together he started a praying, and wanted me to pray too. I made no reply. He then said, " How can I stand before thee, 0 God, and ask for forgive ness, since I have t a k en lif e ?" He also added, " I have taken what I cannot give." Sometime that night Newton put Williams into the same cell. The following day they both knelt down and prayed together. Hulme was the speaker, and he said, " I pray thee, 0 God, to bless the widow and the children that we have made fatherless." When I was in Kirkdale about three weeks since, Hulme said Davies had sworn to the wrong dates as to the time of making two attempts, and he recollected remarking, if it was not made then, it would he too late as the lamps would be lighted. Cross-examined.—l am a sawyer. I have been in prison since the 11th of December. He asked me whether I knew anything Of the murder, and I told him I did not. I was in the same yard at Kirkdale with Davies and my brother Samuel. Nobody was present when Williams said four or five bullets had gone into the man. I did not order any powder myself ; but I am sure I heard Williams order Arun del to get it. Arundel gave it to me. Davies was not pre sent when the powder was ordered. I first told this story on the 13th January at Ashton before the magistrates. I did not tell the whole of what I have told to-day. I did not tell them about the praying in the lockups. By the JUDGE.—The lockup keeper was not in the room when they were praying. Cross-examination resumed.—r was not put in the lockups as a spy. The entry foi 5.5. was not written in October or September. don't know how many times I have talked to Davies about this murder, We were in the workhouse at Ashton two or three days together. I was not aware when the prisoners were in the lockups that any body was listen , ing. I was not told to listen. 1 leave it to the mercy of the gentlemen whether I get off or not. I was present in Kirk dale when llulme gave instructions to his attorney for his defence, but I did not hear those instructions. I never sent • for an attorney myself. 1 did not see Davies the day the powder was brought from Oldham. Re-examined.—l believe the entry of the ss. paid was made the week after the 30th October. When I heard these statements in the lockups I was a prisoner under charge my self. Job Arundel, examined by Mr. BRANDT —I am a sawyer I remember the day C ooper was shot. On. the sth Deem ber I was sent from the King's Head, Ashton, to Oldham I went to Oldham and g o t 10 s . f or the club. I bought tw pounds of powder. When I started I understood I was to get a pound and it would cost sixteen pence. It was to be blasting powder. I found it to be only sevenpence a pound, so I brought two pounds. I b roug h t i t b ac k the same ' after noon and gave it to H e n ry H ar d w i c k . The sameevening went to the Feathers in Dukinfield. There were there Ed ward Davies and Samuel gardwick. I saw Hulme there. Cross-examined by Mr, WILRINS.—RaIph Kenworthy and Henry Hardwick ordered me to buy the powder. cannot say whether Davies was there. 1 did not see Wil liams there. I gave the powder to Henry Hardwick. It was six o'clock when we were at the Feathers. We came away from there with James Bowstead between seven and eight o'clock. Re-examined.—l was at the King's Head two or three hours before I started, and I cannot remember all the peo ple who were there. The powder was tied up in a brown paper parcel. I had a note to draw the money when I got to Oldham. I took it to a man named John Clarke, who gave me a paper, with which I went to the club-house and got the money. I then paid for the powder With it, and: brought the change back. Thos. Prophet, examined by Mr. Wort'rux.-1 keep a beer-shop in Delaillere -street, Asht on ; and s i nce the turn out a great many of the sawyers have come to my house. I have seen both the prisoners there, with Henry Hardwick and others. I remember one night a man named Henry Hodkinson being there with the two prisoners and two other men whom I did not know. They were altogether at the back of the door of the front room. The last time I saw Hulme there was the week before Cooper was murdered. There were with him the Hardwicks and two others. Cross-examined.—l am sure, upon my solemn oath, that the two prisoners were there the night that Hodkinson was. George Shede, examined by Mr. BRANDT.—i am a shoe maker at Ashton. On the night of the 18th November I went into the last witness's house, and saw there the two prisoners, Samuel Hardwick, and a man named Ralph, whose other name I do not know. I saw something lying on the form, wrapped up. It was rather thicker than my arm. I believe that Williams sat at one end of it. Thomas Hodkinson, examined by Mr. Sergeant ATCHER LEY.--I am a clogger, and live in A s ht on . On the n i ght of the 18th November I was in the back room at Thos. Pro phet's beer-shop. I went into the front room, and I saw Williams, Henry Hardwick, and Davies there. I did not sit down. They had a bundle with them, about three-quar ters of a yard long, and as thick as a Ihan's thigh, under the form.• I then went i nto the ba4.. reLem 3 and Henry Hard wick, Williams, and DA vis came there an d s t a id till n i ne or ten o'clock. By the JUDGE. —I know it was the 18th, because a man joined the teetotallers on the 26th, which was eight days after I was iu the house. I knew he joined on that day, be cause I had some conversation with him. It was on a Wednesday. Sarah Davies, ex amined by Mr. W ORTLEY. — I am the wife of Edward Davies. In November last I remember my husband coming home on a Wednesday night. It was the 18th day of the month. He brought with him something wrapped in a coarse piece of blanketti ng. It was at least half a yard long. He took it up stairs, . an d w h en h e h a d got up I heard so mething trump, upon the floor. It w as a heavy bump. m y I r sband went out a f terwards. The next day I saw t h e t h in g be bad brought in th e n i g h t b e f ore. It was under the bed. I tried to push it with the brush, but it was heavy and I could not. It remained in our house till Friday night, when Kenitorthy fetched it away a little after five o'clock. I gave my husband's pocket-book to Mr. Newton, and he took the recipe-book produced out of it. This happened when my husband was in custody. Cross -examined.—My husband told me that what he had brought was some tools which a workman would fetch away. I have never said I did not know the nian who fetched the parcel away. On the afternoon of the murder my husband came to his dinner about three o'clock. He did not stay longer than a quarter of an hour. He came home again between six and seven o'clock. It was not seven o'clock when he came. His father came with him. Ann Booth, examined by Mr. Sergeant ATCHERLEY. I am the wife of] loseph Booth, who keeps abeer-shop in Dela mere-street. I know Edward Davies. I remember seeing him, the two prisoners, Ralph Kenwoithy, and Edward Shaw there one Friday night in November. There was a squabble among them about some pies which belonged to a man who was selling them. This was the same day that a man named Ashworth came into our house. John Ashworth, captain of the watch at Ashton, proved, that the day mentioned by the last witness, was the 20th of November, as he was called in to quell the noise. He saw Hulme the same night in the street, and charged him with having stolen the man's pies, and Williams in the Stamford Arms. Cross-examined.—lt turned out that the pies were paid for, and that Hulme had not stolen them. James Bowstead, examined by Mr. Wowrinr. I am a sawyer. On the sth November I was working for Mr. Dar went. Arundel and I went afterwards to the Feathers, when I saw Davies and Hulme. We all came out together. Hulme went home towards Dukinfield. I called with Arun del at a beer shop, where we remained a quarter of an hour. I saw Hulme again as he was going to market, about half past seven. We went down Dukinfield-lane together. We met Williams just below the lodge gates, between Dukin field and Ashton. Edward Davies and Samuel Hardwick then came up, and Arundel and I went home. I was at work at Darwent's on the night of the 11th December. I left off work about seven o'clock. Hulme had been working there that day. Ido not remember what time he went to his tea, but I asked him, and he told me it was hardly six. When he came he said " hat, you are working yet. s ' I cannot tell how long the other men had been back. He left before me, about an hour after he had come, after he had made two shuttle boards. We went by Mr. Hindley's clock, as we could hear it strike, which was usually a little before Ashton church clock. It was ten minutes past seven by Mr. Hind ley's clock as I was going. I heard the Ashton clock strike as we were going away, but I cannot tell what it struck. Sarah Beckwith examined by Mr. BRANDT.—My father keeps a public-house in Dukinfield. The Saturday before the murder four persons came to our house about eight o'clock in the evening. They went into the tap-room. The door was closed four times, and I opened it that I might see that nothing wrong was going on. I took them a pint of ale at first; they were three-quarters of an hour in drinking it; then I took them another pint. = Two of them were , sitting on the form, and two on the table. One of the two who sat upon the table was the prisoner. One of them on the form bad a paper in his hand. After I had taken the 2d pint the door-way closed again, and I opened it. Cross-examined.—The paper in the man's hand was like a long sheet of letter paper. Samuel Beckwith, father of the last witness, said that when he came home he found four men in the tap-room. One of them was Williams—he was not sure whether Hulme was one—and the others were Hardwick and Davies. After staying an hour they went away. Williams, Davies, and one of the Hardwick 's came back in twenty minutes after- Cross-examined.—Dairies appeared rather intoxicated. William Dobson.—l am an excavator at Ashton-under- Lyne. On the sth December I went into Beckwith's house with a soldier. There were there Hulme, Williams, Davies, and Hardwick ; Davies and Hulme were to my right. Hulme was kneeling between Davies legs. He had with him a basket : he was dressed in a round jacket. Cross-examined.—l mean to swear that Hulmewas there; but at first I was rather in doubt of it. James Whitehead.—l was landlord of the King's Head in Ashton-under-Lyne in December. Hulme has been there several times with Williams. He was there last on a Sunday morning, tnree weeks or a fortnight before the murder, and asked for a pint of beer which, he said, Williams authorised him to get. I refused to give it to him. On the 11th De cember Williams was at my house, with Davies and the two Hardwicks. The latest time I saw him then was between 4 and 5 o'clock. That was the last time I saw him. Cross-examined.—Other clubs 'met in the same room as the sawyers' club. He passed the bar to go first, and Davies went out with him. morning Samuel Cowley said he was assistant overseer of Ashton. He confirmed the statement of Kenworthy having applied to him to get his wife out of the Lunatic Asylum. Ann Marshall.—l am the wife of Joseph Marshall. I remember the day Cooper was shot. On that day I was at Ralph Kenworthy's house, which is a quarter of a mile from Mr. Whitfield's sawpit. Williams and Davies came in. Ralph was at home. One of them said they wanted to speak to him, and they all went out together. Ralph was out about ten minutes: he then got his tea. I saw no more of Williams or Davies. Joseph Gill.—l was in the Ashton market-place on the afternoon of the 11th December. I saw the prisoner Wil-• liams and Edward Davies pass through the market together. Betty Travis.—l am a widow, and live at Ashton. On the 11th December last, I was coming from Stayleybridge to Ashton, when I saw Williams at halt-past four in John Kershaw's field. He was going towards his home. I watched him go over the cut [canal]. This is rather more than a quarter of a mile from Mr. Whitfield's saw yard. I went forward into the town, and passed Mr. Whitfield's saw-yard. I do not know what time that would be, hut it went half-past four when I was in Kershaw's field. I heard a loud report about half an hour after I had passed Whitfield's yard. I saw three men standing in the road, on the same side as Whitfield's yard, but I do not know who they are. One of them was very low and slender. I heard the report exactly at 10 minutes before six o'clock by Ashton church. Cross-examined.—The last point at which I saw Williams was by Mab Hole's swing-bridge, which is a good way from Whittleld's saw-yard. The three men I saw near the yard were outside of the yard. I did not know them. I have known Williams thirteen years. By the JUDGE.—Williains was not one of the three men I saw near Whitfield's sawpit. Benjamin Revel.—l am a plasterer in Dukinfield. I re member the 11th December. I was standing at Wickergate, from ten minutes to a quarter before six o'clock, with Ben jamin Booth, a man in my service. John Hulme, I think, passed me there. I believe it was him. He had on a light coloured jean round jacket and light trowsers ; he was going at a quick rate, between a run and a walk. He was coming as it were from Dukinfield, and going towards Ashton. 1 observed him from 20 to 30 yards. Cross-examined.—l will not venture to swear it was Hulme who passed me. The man I saw was by himself. Benjamin Booth.—l am a plasterer, and work for the last witness. The day this murder happened I was standing in Wickergate with my master. About five minutes before that time I heard a loud report from the direction of Mr. Whit field's. After a little time I saw John Huline pass. I am sure he is the man. He was dressed in a round jean fustian jacket. He was coining up Scotland-street, and was going towards the Old Cross. I knew him by the name of " Cast Metal Jack." My master used the term as he was going by. I have kno%n him for nine years. Cross-examined.—No man was with him. I have never said there was. lam now in the employment of Mr. Revel. I have heard about the £2OO reward offered in this case, but Ido not expect to receive any of it. I went to the Police office on a Sunday morning, with a person named Groom, and I saw the prisoner Hulme there. I had no, business there beyond going with Groom. Re-examined.—After seeing " Cast Metal Jack" pass, I saw James Kenworthy pass, and then Ralph Kenworthy. Ralph Kenworthy went into the Church-yard. They both came from Scotland-street. They all came from the same direction. Catherine Nicholson.—l live with my husband in Scur rah-buildings, about 100 yards from Whitfield's saw-yard. On the night of the 11th December I heard a report. It was a few minutes before six. I opened the door, and exclaimed " Good God! what's that ?" William Marsden said.—l was out on the evening of the 11th of December, in Penny Meadow with Wm. Newton. It was at ten minntes past six. I am not a sawyer, but I had been sawing a plank up for Mr. Isaac Newton. Hulme had told me I had better give it up, or I must take the conse quences. He spoke to me afterwards, that if I did not give over sawing I must abide by the consequences. Williams was in the same place on that occasion, but I do not think he heard him. Cross-examined.—l am quite sure Hulme was the man who used this language to me. I never told it till last Sa turday. Francis Lee.—l am a sawyer, and live 20 yards from the pri soner Williams's house. On the evening the man was shot I went to the canal for sonic water. The canal is fifty yards from Williams's house. I met him between the towing-path of the canal and his own house ; he was coming from to wards Ashton. This was about half-past five by Hindley's clock. Robt. Newton, examined by Mr. BRANDT.—I am deputy constable of Ashton. I heard of the murder about twenty minutes past six. I was then at the police-office, which is 500 yards from Mr. Whitfield's house. I went first to the Swan Inn, where I saw the deceased lying. I then went in search of Davies, in consequence of information I had re ceived, and upon my way to his house I met Williams. He was wearing a topcoat. It must have been then about half past seven o'clock. I found Davies at home, and appre hended him. Williams and the two Hardwicks were after wards taken up and committed to Kirkdale on a charge of conspiracy. On the 4th January, having received a letter from Mr. Amos, I went over to Kirkdale, where Davis made a statement to me. On the morning following I apprehended Huline, and told him he was charged with having discharged the pipe at Benjamin Cooper. lie said, " I was at Darnell's at that time, working with Thomas and Edward. I was in again from six to seven. There was a man there called John Cooper, or Jack o' Tom's. Darnell's sawyers were at work both when I went and, came back from my baggin" [tea). I took down in writing what he said. He said, " I went to make two shuttleboards : it was half-past five when I was in James Broadbent's : I had also a load and a half of coals to get in that night." I read over to him what I had written, and he made no objection to it. On the Bth of January I went to Kirkdale again. Williams and Davies were libera ted on bail, and I apprehended them immediately after on the charge of murder. I told them the charge. On the way to Manchester Williams said, " I know nothing about it, so help me God." He was committed on this charge on the 21st January. In the railway train he made a statement to me. Davies had before that been examined as a witness in the presence of the prisoner. I took down what Wil liams had said. I wrote it down as soon as I bad delivered him into Kirkdale. He began, " Ned Davies has got him self nicely out of this job, and I suppose what I say will make no difference." I said, " I cannot make you any pro mise, but if you say anything I will state the same to the magistrates as well as I can recollect." Mr. WILKINS said he would take the Judge's opinion whether there was not in these words an implied inducement for the man to confess. The JUDGE held the objection valid.—The confession, therefore. was not read. Examination continued.—The recipe book produced I re ceived from Davies' wife. The book was then put in, and the Ct.Enx of the COURT read from it a recipe to make lueifer matches. The word " mark" was written at the top, just above the recipe , in black-lead characters, John Gatley.—l am deputy-constable of Stalybridge. I received the prisoner Williams from Newton on the 12th December, and I told him he was charged with conspiracy, and with the murder of one of Mr. Whitfield's men. I made no promise or threat to him. He said that on the afternoon of the murder he had been at the club-house from two to half-past three o'clock, that he went home at half-past four, and never went out of the house after. Hannah Broadbent said she was the wife of James Broad bent, and that she lived at Dukinfield, four doors from Hulme's house. The week before the murder, she saw Williams come to Hulme's house. He went and tried the door, and then went back again. He asked witness if she knew where " Jack" was, and she replied that she could not tell him. Williams had gone to Hulme's many a year. Cross-examined.—Hulme was at my house on the night of the murder. At twenty minutes past five he came in and 1 asked me where his little boy was. He went away then. There were some coals at his back door, but I do not know whether he got them in. My house is about five minutes' walk from Darnell's, but I do not know how far it is from Whitfield's saw-pit. Michael Heaton.—l am a sawyer. I lived iu Manchester in October. On the 31st of October I went to Ashton to seek employment, and I went to Mr. Higginbotham's yard. On my return from there met a sawyer, who took me to the club-house i n th e o ld square. I saw the prisoner Wil.• Earns there, and 16 or 17 others. The man I had met told them I had been at Higginbotham's. They used some coarse language towards me. I promised that I would go back to Manchester, and not ask for work in Ashton any more. Williams said " You had better not, for there's some that's here now who will not be here long." He also said that two delegates were coming from Manchester, and they would try to persuade those men who were now working to leave their employment, and those who would not leave by persuasion must be beaten that night; that they would try what beating would do, and if that would not do they would shoot one or two. Cross•examined.—l have been in the dock at the New Bai ley, Manchester. I was convicted in 1526, for stealing a saw. I never was indicted for perjury. I have heel.: twice convicted of stealing saws. All my misfortunes as to being in prison having arisen from belonging to unions, I have been in the lock-ups ten or a dozen times ; but only twice in gaol. Sir Charles Shaw sent to my house to know if I knew anything of this matter, and that was the way I became a witness. Re-examined.—l was in the lock-ups chiefly for being drunk. When we are in a union we try to punish those who do not. I took the saws to punish those who would not be long to it ; the saws were afterwards broken and thrown into a pit. Martha Bailey.—l am the wife of John Bailey, who is a sawyer, not of the union. On the 24th of November my husband was working for Mr. Stones, of Ashton. Whilst he was at his work, I was in George -street. Williams, Tobin, and Marshall (charged with conspiracy), came up. Williams had a sack under his arm ; Marshall said to him " have you had the bag ?" Williams said, " I have had the bag long enough, and now l've got the sack." That means being dis charged from work. Marshall told him I was one of the men's wives who saws for Stones. He said, are you ? and I said—yes. He asked me what his name was. I did not answer. He said, I know him ; it is Bayley, a d—d thief and knobstick ; but I'll blow his brains out, and this sack is to put his body in ; we have all their names down in the black book. Cross-examined.—l have been tried at Bradford about some brass steps, I was acquitted, but I waa not acquitted on the ground that I was insane. Joshua Newton, a police-officer at Ashton, said he appre hended Williams at five o'clock, on the morning of the 12th of Deeniber, and he asked him whether something was up with the sawyers. Witness told him there was—that a man had been shot. Benjamin Cooper, sen. was then called. He merely proved that the deceased was his son, and that his name was Benjamin. Cross examined.—ls occasionally a sawyer and a wheel wright. Sawyers carry files to whet their saws. Henry Bake, surveyor at Ashton, said he had made a sur vey for the purpose of this inquiry of the distances of the different points from each other. The plan and table of the distances were put in. Mr. Sergeant ATCHERLEY said this was the case for the prosecution. . - Mr. WILKINS said, that the case of his learned friend having been closed, he had to apply to his lordship for an in dulgence which was once granted to him under similar cir cumstances, by Mr. Justice Coleridge. It was that the trial might now be adjourned till to-morrow morning, (Tuesday,) as he felt himself unable, if he were now called upon to proceed, to do full justice to the case for the prisoners. The JaDGE asked the learned counsel if he apprehended that the case could not be closed in three or four hours—by 12 o'clock for instance ? Mr. WILKINS replied that that was his impression. The JUDGE intimated that he would under the circum stances consent to the application. _ Mr. Sergeant ATCHER . L . EY said, on the part of the crown, he had nothing to propose or to oppose : he was entirely in the hands of the court. The jury having intimated their wish to adjourn, The JUDGE explained to them that it would be necessary for them to be kept together in some convenient place, and that they must be content with such accommodation as the county could afford them. The UNDER-SH ERIFF said he had sent out to ascertain what accommodation could be provided for them. After a short delay he informed the court that a room would be pro vided for theirs at the Queen's Arms Hotel. Three bailiffs were then sworn to keep the jury in the usual for►n, and the trial was adjourned till nine o'clock this INDICTMENT AGAINST A CIIARTIST Christopher Dean was arraigned and pleaded guilty to two indictments, charging him with seditious conspiracy, &c., in 1839, along with Wm. Vicar Jackson, Feargus O'Connor, and others.—He was ordered to find bail to keep the peace, and to appear for judgment when called upon, himself in £4OO, and two sureties of £5O each, or four of £25 each. BIGAMY Dr. BROWN applied for the trial of Eliza Daniels, indicted for bigamy, to be postponed till Friday next, on the ground of the illness of a material witness. Mr. WiLKINs, on the part of the prisoner, assented to the application, and the learned JUDGE granted it. The court adjourned at a quarter to seven o'clock. NISI PRIUS COURT.—MoNDAY Baron Rolfe took his seat at nine o'clock. The following undefended actions in the West Derby List were decided this morning : DIXON, PUBLIC OFFICER, V. WRIGHT plaintiff for £l6O 17s. 6d. BROOK V. CARN.—Verdict for the plaintiff for £-13 BOND AND ANOTHER V. KDNT.—Verdict for the plaintiffs for £6l -Is. 6d. Verdict for the A131.10T AND ANOTIIER v. ELLANl.—Verdict for the plain tiffs for £2O 15s Od. YATES V. EDWARDS.—The action was to recover £152 for services as an attorney. The defendant pleaded that he was not alone indebted, but conjointly with others.—Verdict for the plaintiff for £152. LORD AND ANOTHER V. PARKINSON.—Verdict for the plaintiff's, by consent, for £287 7s. 4d. SPECIAL. JURY CASE.—DEARDEN V. BURGESS. In this case the action was brought by James Dearden, as lord of the manor of Rochdale, against George Burgess and James Dawson, for the purpose of trying the right of get ting certain stone. The list of special jurymen was called over, when only the following ten answered :—Messrs. John Anderton, of Dux bury ; John Bibby, of John Brown, of Liver pool; Samuel Clarke, of Hawkshead; Jos. Callan, of Tox teth-park ; Richard Edwards; Geo. Grant, of Liverpool; Henry Harrison; Gilbert Harrison, of Toxteth-park ; Mor ris Montbear. By consent of Mr. Cresswell and Mr. Dundas, two com mon jurors were called to make up the number. John Allen and Nathaniel Bond were called to make up the number. They were sworn with the special jury. Mr. Cresswell, Mr. Alexander, and Mr. Tomlinson, ap peared for the plaintiff; and Mr. Dundas, Mr. Cowling, and Mr. Martin, for the defendant. The case contained no points of importance, and, except perhaps to the parties concerned, was peculiarly dry and un interesting. Mr. CIaSSWELL, in opening the case on behalf of the plaintiff, said the action was to try his right, as lord of the manor, to the getting of some stone—a right which he had but little doubt he should establish. He believed it would be alleged that the right had been given up by conveyance. It was true that the land had been conveyed by Lord Byron, the former owner of the soil, in the year 1690, but it was with a reservation as regarded stone and coal. There was no reservation as regarded trees, because the land was of such a nature that it was not believed at that time that trees would ever be grown there. The original deed of conveyance, dated 2d May, 1690, be tween the right hon. William, Lord Byron, lord of the manor of Rochdale, on the one part, and Abraham Scholfield, a yeoman, and Charles Butterworth, a yeoman, on their part, was put in and read. By this, certain lands specified were conveyed from the former to the latter in consideration of a sum of money owing the said Lord Byron's father, of a rent charge of ten shillings a year, with power of distress, a sti pulation for service at the manor court, and reservation of coal and store. Witnesses were called to prove that the rent of ten shil lings a year had been paid till this time, that £3 per annnum had been paid to the lord of the manor for liberty to get stone, and thus the party who had permission was compelled to give up an order to that effect from Lord Byron : that in 1824 the rights and muniments of the manor were handed over to the present plaintiff's father, and that the plaintiff succeeded to these rights in 1828 ; than in 1833 a Mr. Wild, who held part of the lands originally conveyed, was applied to for permission to get stone, replied that he could not give it, as the stone was not his—it belonged to the lord of the manor, and further, that the defendant Dawson, as the ser vant or tenant of Burgess, had got a quantity of stone, and was still working out from the quarry stone which is of con siderable value. The defence was, that within the land for which the con veyance was produced, there was a small patch (four acres) of freehold land, which had been freehold from time imme morial, which had, as freehold, been conveyed with all the rights to get muniments, &c, before the date of the deed in question, (to wit in 1678,) and that it had since been treated in almost every way that freehold land could be treated in this country. It was further alleged by Mr. Dundas, in his address to the jury, that the property con veyed answered the description exactly without this piece of land, while neither as respected boundaries nor quantity did it answer the description including this piece of land, which was actually in 1678 charged 40s. a-year, though only four acres, while that conveyed, which it was said included this piece, was charged only 10s. a-year, though upwards of 30 acres. It was contended, therefore, that as these fields in cluded the quarry, this was merely a question of boundary ; and that, though the stone sloped into the property under the manorial right, yet there was a line perpendicular from the summit of the edge of the quarry, or the upper surface where it joined the meadow which was freehold. The first witness called was Frederick Baines, who was required to produce certain deeds. The witness presented himself in the box. He was a little, pale young man, with a cool, indolent manner. Witness.—l object to be sworn. Baron ROLFE.—What is your objection? Witness.—l have not had my expenses. Attorney for the defence.—We have paid Mtn his expenses. Baron lioLvE.—W hat have you received? Witness.—Only five pounds. Mr. DuNnAs.---Where have you come from? Witness.—From Halifax. Mr. DUNDAS.—How long have you been here? Witness.—Nine days. 1 came here the day before com- mission day. Mr. MARTIN.—Being a special-jury case, and fixed, you had no occasion to be here all the time. Witness.—l went back the day after, and returned yester- Mr. MARTIN.—Then how have you been here nine days? Witness.—lt is nine days since I came then. Attorney for defence.—We have not the slightest objection to pay his expenses —never had. We will pay him whatever the prothonotary says is correct. Prothouotary.—He is entitled to his mileage one way, and to fifteen shillings per day. That will be nine pounds. Four pounds were immediately handed to the witness, which he coolly put into his waistcoat pocket, and the book was again offered to hi m . H e pa id no a tt en tion to the action of the Crier, but said, " How much a-day is this pray ? Baron ROLFE (to the Prothonotary).—Has he received what is sufficient? Prothonotary. —He has, my lord. Baron ROLFE.—You must be sworn, sir. The witness was sworn. Mr. MARTIN.—Now, Mr. Baines, be so good as . to pro duce the d ee d s b ear i ng d ate Gth and 10th March, 1678. Witness.—l object to producing them. JUDGE.—What is your reason, sir? Witness.—lt is not in the covenant. JUDGE.—What covenant ? we have nothing to do with any covenants here. Witness.—l submit, my lord, that lam not bound to pro duce the deeds. I have furnished abstracts of them. Baron Roum.—Why do you suppose you are not bound to produce the deeds? Mr. DUNDAS.—He has been subpoenaed for that express purpose, my lord. Witness: —I have furnished abstracts, and I have not been paid for them. Mr. DUNDAS.—That is another question with which we have nothing to do. I understand, my lord, that he has charged no less than £lB for two abstracts. Witness.—l appeal to the court f or a d ec i s i on . Baron ROLFE. — I decide against you then, sir. you must produce the deeds. The witness then put in the deeds as they were called for. They were very numerous, and occupied a, considerable time in reading. They went o n t o s h ow t h at suc h a patc h o f l a nd, with the privilege of getting thp minerals, &c., was situated in the middle of the other land Witnesses were called for the purpose of showing that the right of getting stone at some place contigu ous t o t h e spot mentioned had. been acknowledged from time to time. Mr. CRESSWEI.I. addressed the jury in reply. His LORDSHIP put the case very lucidly to the jury, who retired at a quarter-past five o'clock, the case having been on since nine o'clock. They retired in a quarter of au hour, and returned a verdict for the defendant. DAVIDSON, PUBLIC OFFICEII Mr. Cresswell and Mr. Crompton appeared for the plain tiff, and Mr. Dundas and Mr. Martin for the defendant. The plaintiff, Alexander Davidson, is the re g istered office of the Commercial Bank of England ; the defendant, Mr Alexander M`Gregor, is steward to the Marquis of West minster. It was alleged, in behalf of the plaintiff, that Robert M'Gregor, a grocer, in Chester, son of the defendant, opened an account, in 1838, with the Commercial Bank of Chester. He wished to have a credit of X5OO or 1600, which the bank would not accede to without a guarantee. The to give it, but did not immediately execute a was found 1, when the affairs of M'Gregor got worse and worse, ti that he was indebted to the bank upwards of X. bank ordered a fiat to be issued against hint. lowed all his property to be taken for the benefit of Ins e. ditors, and lOs Gd in the pound was paid to them, t, the bank amongst others. The father, 11r. Alexander M`Gregor, was stiil held liable under his guarantee. Robert M' Gregor opened another account, and became fur ther indebted to the amount of about £9O. Alexander M`Gregor refused to pay the amount of his guarantee on the ground that he had received a receipt front the bank. Mr. Cresawell said he would shew that it was intended from the first to proceed against his father, who was bound by his deed, from which, having once fixed his hand and seal to it, nothing but as high a deed could release hin►. In the course of the defence it appeared that the defendant had furnished Robert M`Gregor with very large sums of money, and that ultimately he and another person had taken up bills to the amount of £2OOO for him. The defendant had been guaranteed the' payment of the 10s. Gd. in the pound, and had paid to this bank upon that the sum of £577 10s., for which he received a receipt in full, as payment of the whole debt!ovring by Robert M`Gregor to the bank. Air. Dundas characterised it as a fraud, that, after choosing this transaction with him, the bank should turn round and ask for a balance of £5OO. The defendant had paid £25 into court, as the utmost sum that could possibly be owing by him. M`Gregor al Witnesses were called, but they proved nothing material to the case. Mr. CRESSWELL replied. His LORDSHIP summed up, and the jury returned a ver dict for the plaintiff for £475. UNITED STATES By the packet-ship North Amezica, Captain Sowler, we have received New York papers to the 19th ult., being four days later than those brought by the Britannia. The North America has made the passage in fifteen days. Although much is said in the papers which we have re ceived of Mr. M`Leod and his trial, we can find little worth transcribing. Mr. Crittenden, the attorney-general for the United States, accompanied by Mr. Robinson, the new United States Marshal for the Western District of New York, left the latter place on the 18th ult. for Albany on their way to Lockport, to attend the trial of Al`Leod. Measures had been taken to repress any outbreak on the part of the populace during the trial. It was expected the trial would take place on the 22d ult., but the New York Herald, of the 19th men tions that " there is reason to believe that the trial will be postponed to an indefinite day next summer ;" and this ap pears to be confirmed by another paper, which states that the trial will probably be postponed—" A commission to examine Captain Drew, now in England, will be asked for, and it is presumed will be granted." The following extract from the Courier and Enquirer will be read with satisfactory interest:— " We are happy to add, from the same undoubted source, that the personal relations between Mr. Fox, the British Minister, and Mr. Webster are of the most friendly nature ; and that both of them have distinctly said, within the last few days, that there is not the slightest probability of any thing occurring to disturb the amicable relations existing be tween England and the United States. The visit of Mr. Crittenden to Lockport is more for the purpose of exhibiting a proper interest in the trial of M`Leod than to make any demand for his release. There is nothing in the official com munication of Mr. Fox to Mr. Webster of au offensive cha racter." A proclamation had been issued by the new President, dated lith March, convening the two houses of Congress to meet in the city of Washington on the 31st May next, to take into consideration " sundry and important matters princi pally growing out of the condition of the revenue and finances of the country." The fracas between Mr. King and Mr. Clay had been sa tisfactorily adjusted, by the latter withdrawing every offensive expression which he had used in relation to the former. The elections in Canada were proceeding throughout the . ovinces amidst great excitement, and in many places riots id taken place. Business at New York is represented as in a deplorable state. On 'change, all seemed to be holding back for the ar rival of the Columbia, at Boston. The letters by that vessel would, we know, be in New York on the 21st ult., and, as they contained very cheering news, and would relieve all the apprehensions felt for the fate of the bills drawn by the Bank of the United States and transmitted by purchasers to Eng land, they would tend to dissipate the gloom which rested over the mercantile and money market of New York. In foreign exchanges for the North America a fair amount of business had been transacted, at previous rates. Sterling bills were quoted at 107 i to 1071. The share market had not undergone much fluctuation. The shares in the Bank of the United States had declined, at New York, to 151 for cash, while they stood at Philadelphia, on the 113th ult., at 171. RAILWAY RETURNS LIVERPOOL AND MANCHESTER—Week ending March 26th GRAND JUNCTION, 27th CHESTER AND BIRKENHEAD—For the week ending 3d April, 1841—Receipts, 5878 passengers £4,455 15 11 £7,565 5 5 £459 12 2 Mr. Popham, whose announcement appears in our co lumns, is highly spoken of by the Bath, Bristol, and Chel tenham press. His style is pronounced to be elegant, elo quent, and clear. The diagrams and the dissolvent diorama are said to be triumphs of the optical art. GLOVE CLEANING.-Mr. Bateau, of London, has dis covered a mode of cleaning kid gloves, by which they are rendered equal to new. The colour, by this process, is re stored, and 'tis hardly possible to distinguish old gloves from those put out of the glover's hands. That is " old lamps for new ones." Music.—Miss Hammond and her brother, Mr. C. Ham mond, we perceive, are receiving pupils, to instruct them in the science of music. We know none more competent, and beg to recommend them to notice. PASTORAL AID SOCIETY.—ST. JUDE'S CRURCII.-011 Sunday last a collection was made (without any previous notice) in St. Jude's church, towards the funds of the Pas toral Aid Society, and the sum of £4l 9s. Od. contributed. We hope this goad example will be followed, seeing, as Mr. Mc. Neile said ou Sunday, that the annual grants of the society in aid of incumbents in this town, amount to £590, while the annual contributions from the town towards the funds of the society, have hitherto not exceeded £2OO. BREAKING INTO AND ROBBING A WAREHOUSE.—A t the Police-court yesterday, a man named Robert Saville was placed at the bar, on a charge of having broken into the warehouse of Messrs. Gordon and Co., Leeds-street, and stolen several articles therefrom. It appeared that the ware house bad been robbed on the 2d of April last, and amongst other articles missed were a quantity of Spanish juice, and some kegs. The prisoner was suspected, and on Satur day last was seen by a police-officer in Cunliffe-street. . . . Upon him were found a bunch of skeleton keys, also other keys. Yesterday morning his lodgings were searched, and there were found a piece of Spanish juice, and other articles confirming the suspicions entertained. The ware houseman said that the outer door had been forced; a skeleton key was found in another door, and the iron safe had also been attempted. The keys having been left by him on the counting-house desk were also taken, and these were found in the possession of the prisoner and were identified. The prisoner was committed for trial. EXTRAORDINARY SALE OF CARRIAGES.—The largest sale of carriages that has taken place for years in this king dom will " come off " to-morrow, at Lucas's Repository. In the catalogue we find all sorts of vehicles from the shan dry to the four-in-hand mail drag. There are 257 lots in all, and the most fastidious person who wishes to set up an equi page can now do so at, we should fancy, a somewhat reason able rate. Whether times are bad and people are reducing their establishments, or whether times are good and new turns out arc being constructed or in contemplation, we can not say ; but certain it is that such a collection of carriages has not yet been seen ; and it is worth while visiting the re pository—merely for the sake of observing the variety of builds presented to view. 'We see that Mr. Standish's car riages will be offered for sale amongst others—by order of his executors. A TOBACCONIST'S " MAN " RUN OFF WITH.—At the Police Court, yesterday, John Campbell, a young man, was brought before Hugh Hornby, Esq., to answer a charge of having kidnapped a man. One of the officers presented him self in the witness-box, holding up a wooden image, appa senting an African chief In full Turkish costume, which ex cited considerable laughter from its grotesque appearance " as a witness," with one arm elevated, as if in the attitude of addresaing the magistrate. The police-officer stated that at three o'clock on Sunday morning he saw the prisoner going along with something in his arm, and, following him, found him concealed behind a passage door with the figure produ'ed, which it was aft erwar d s. f oun d h a d been taken from the exterior of a tobacconist's shop in Cros bie-street. The prisoner said that as he was going home two men came up to him and gave it to him, sa yi ng h e m i g ht do what he liked with it. The officer admitted that he saw two men in the street near she prisoner, and that they both ran away. It appeared probable that the image had been taken by the men in a drunken frolic, and that the cost of replacing it would be ls. 6d. The prisoner, a painter and glazier, was required to pay that amount, and was then discharged. MYSTERIOUS CIRCUMSTANCE.—On Wednesday morning last, as the sexton of Walton-on-the-Hill was passing near the east window of the church, he observed that a portion of the ground had been recently disturbed by other hands than his own ; and on examining the spot he discovered, near the wall, anti about six inches below the surface, a box, which, on being opened, was found to contain the body of a male infant, apparently full grown. An inquest was held on view of the same, at the Black Horse Inn, on the follow ing day, before John Heyes, Esq., coroner, and a respect able jury. The box was evidently not made by a mechanic, it being of deal stained red, cut at the ends in a very un workmanlike mariner, having a pair of brass hinges and fastened together clumsily with brass headed nails, com mon large nails, and tacks. It was about 20 inches long, rown and from Bto9 in width. The body, that of a full upon it, or towelling, and beneath it, in the box, v! and finely formed child, was wrapped in a piece re of a coarsequantity linen o e o r ef weresshirt linen wadding, (used in females' dresses,) clippings and shreds of various kinds o ) f ,t c cloth, h e cotton whole and linen wadding, (used in females' dresses,) &c., the whole re also in the box remnants of cotton stocking, sembling the sweepings of a d re ssinak st e s o r e c 't i r o o g o:n. pieces Th The mother of the fronts cut out, and other fragments. as the usual ligature, 84e., been attended in her accouchment by child had, it appeared, bee a professional man, or a d ir to. d 'Mr. Hannay, surgeon, and had been regularlyatten his relative, Mr. Norris, surgeon, had made a post mortem examination. They were of opinion, as the lungs were f u ll s inflated, that pressurefthe on one nostril and o n th e corres ponding part o child had been born alive. Th ere was aim appearance- 0 of the lip ; with a tint on one c h ee k , also indi cating pressure . re A small quantity o f f oo d — water gruel— was fou couldnd on the stomach, and it was s t a t e d t h at the de ceased not have been above th ree d ays old at the time of its death. T he j ur y , under the circumstances, returned a verdict of " Wilful murder against some person or persons unknown.