The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-07 00:00:00

ADJOURNED INQUEST AT OLDHAM.

OLDHAM. 111011111AY, OC7fiCFII 4.
I`,:QIIPST ON J 011 N LEES.—(Eritletice continued )
Ott the opening of the .Court, at mine o'clock. James
Milts nal ion-minced ria a whorls by Mr. Millar, the eon.
mettle uf Oldham. Before, however, he made any deposi.
lime—
**. Ashworth roar In address the Coroner npnn a point of
14,V. maintained, as he tooter 1, by Mr. Harmer on the
Jae!' .lase theimpeeot. Wan pro-redid in, with retiree, to the
nitttimitoltty ofmeridenee, and the dociritie of mini-Opal sod
nereontry, at it applied to the 'petition under conaidentlion•
Rat one learired Gentleman had made only a few prclimi-
mars ermailm, when
'1 he Comfier otderving,a• he termed it, a fresh Note-taker
in toe ?Meth, asked that gentleman what was his name, and
for "hat imrpose he was making notes.
He-a an altercation took place between the Caroller and
the !mute-taken, the former contenditag that the or parte
stottmenta Of the proceedings in the newmapers were cal-
culated to mike ail unfair imprearlem on the public mind.
It was. however dimity agreed that they .400,1 he permitted
Jo i•tosits in Miry; upon an understaniliug that they should
out take notch.' •
Mr. Aohworth rimmed, and argoeil at coneiderable
tenons upon. ewe. pointy, first, reepreting the allegation of
Mr. Ilai corr. as to those who in this case *ere liable to the
chart,' of wilful mordir, and next tot to the doctrine of the
(bruiser only regard to the inadmissibily of certain eat-
"tenet. A. tes the heat point, he commuted that the doctrine
woo utterly wiemvoble, that all theses who might he proved
to have been aiding or assisting in the dientrmion of the
meeting on the 16th Alietint, were voile, of wilful crovriler,
if the Jury shrinli.be of opinion that John ten died of the
wovolds he recervref at St. Peter's field. No one, indeed,
mould sneered inmaintaiaing a doctrine ail inconsistent alike
wills law, jostice, and humanity. What !be would ask, sere
the Jury to be calla teflon for a •weeping verdict against all
those who wermenneented in Ordering. or pramotioe, the dia.
of th5i..„,,,,,,Ar0g? Were the Magiatrales. who order.
eil the ''it parsnip by the 15th Hoassrs, who, with the 31.1 and
fiftth regiments. "listed 4n carrying that order into effect, to
he all, and without exception, included in a conviction for
wilful murder, 'merely because John Lees came by his death
in cons.•q 'of wounds indicted during the executirt• of
that order? Such, he was fully persuaded, was nut the law.
'tin Ashworth, after expressing his approbation of 11w or-
der Wooed bylite Coroner to prevent the publication of the
evidence taken upon Hsi, Inquest, pursued his argument t—
t:reat pains bad, he observed, been taken to saddle all the
ininrirt retelling front the diversion of the meeting to
114.• lath of Aliened upon the Manchester veumaory. an
if that corps alone interfered to produce the disperairms.
Bin he could state from his own personal knowledge, that
there Wrfellt•fflll military bodice on the field, el in
dispersing the meeting, as well as the cnrpa alluded to.
He did not, however, think that the conduct of that corps,
or of the *OVUM bodies with which it co-operated, mould
properly be brought into discussion heftier that Court, unless
the person who gave John Lees the plow. a blow to which his
death ano attributed a ere actually i‘tentilieri Some individual
or individuals most, he contended, he pointed nut as the as-
rmilants of the deceased, and so a distinct charge eatablisheil,
before evidence could lee gone into with matted to aiding
and shelling the attack. For it fOlll4 not follow, that br-
e-sow the Magistrates ordered a military force to diaper*,
the meeting alluded en, that any set done beside the object
or' that dispersion, which he maintained to be quite a legal
object, could be said to implicate the whole body Wine in
pm-swine, of the orders of the Magistracy. How, foe instance,
could hr legally hold or rationally maintain, that military
lawn scattered throughout the wide area of Si. Peter's-liekl,
ehould be &emid responsible for every unauthorised or
violent act done immediately near the bushings, wheel
Min Lev' was staled to bate met a mortal wound ? The
idea Wan indeed quite preporderou.„ and yet that appeared to
he the idea of the Learned Genii( man ass the other side,
When he towed his very broad doctrine with respect to prim.
rivals and acceararim in murder. The Learned Gentleman,
ws., however, egregiously mistaken in his views of the law.
For n hotly of persons Fumed in the pursuit of one
common object, could never fairly or legally he held an.
meerslite fur what any one or more of that body might
1-appeo to do, independently of that object. 'Therefore
it could never Lee maintained, that .comae the
Man-
theirs yeomanry were with other military bodies engaged
iu stwomulishing the object of dispersing the Meeting at
61. Peleis.fielrl, that they. or any part of them, were to be
Implicated in the crime of taking away the life of John
Lem whoa, ease was the subject under investigation, unless
Ihe individual or individual' who actually attacked the de-
ceased, or those who were inliltfillairly present aiding or
ahetring that attack. No evidence, then, was, in his upi.
soon, admissible upon this inimiry, which did nut directly
apply to the individuals engaged in that attack : and as to
She admissibility of evidence, of that he thought the Co-
roner was the sole and exclusive judge. To gnarl, then,
steno.. Ilse intrusion of irrelevant and inadmissible evi-
et••ere. as well as to save the time of the Court, lie reeom-
e,..,,reil that before any witness wait lit future brought eitr-
Nta•el fur enaminati ~,, , a written statement should be laid
Imefo.r time Coroner of 11w points which the witness proposed
f•• Ist awe.
Ilarmer observed, that although the Learned Gen
stemin had spoken fur above an.hoor, be bail not quoted a
angle case its support of his view of the law with respect
lu principals in murder. The Learned Gentleman had
ratuitonsly stated. that the Magistrates had actually M-
imed the order for the charge of the cavalry on the 16th of
A eteat ; and if so, he (Mr. H.) was prepared to maintain
tae! those Magistrates were pasties to, and legally responsi-
ble foe, all the melancholy results of that charge. The
learned Gentleman appeared to express some surprise that
the charge preferred in this caw was not extended to the
I",th humans; but that surprise would cease, when he
itt-
toed the Learned Gentleman, that there was no evidence
ter..wyer to justify any imputation upon that corps. 00
coatrary, indeed, as his object in this prosecution was
t ranee, those who cut, and not those who saved the pro.
Tile, be should have to• adduce evidence to strew that oft.
tern and privates of Abe 15th hussass, instead of being par-
Itiv to maiming or murder, acre most emeritoriourly active
io endeavouring to restrain the sanguinary fury of the
"dlochester yeomanry. But some evidetwe to that (Met
Not already been laid berme the Court, mid much more was
essiiwoming. In opposition to the Learned Gentleman's
view of 11w law with respect to the doctrine of principals in
crime, Mr. IL quoted n variety of oases from the Reports of
Minden and Cook, as also stated the opinion of Mr. intake
Bhs.kdone.
Bleckstrine Find,- theme cases ...a that opinion, he con.
t..avted that the evidence which he proposed to adduce with
respect to the cutting and maiming at St. Peteeefieltl, and
the identity of Ow ;masons guilty of such cutting mod
person so guilty being, in his view. a party in the
riorimission of murder. But it was to be inferred, from the
thou Act. that accbtdiog to the judgment of the Legislature,
petnell• even passive were to be deemed guilty, If they did
not disperse within a, given period. Here Mr. Harmer read
Cie atomic of Henry VII. with respect to the nature of the
opory to be pursued; and of Hie evidence admissible before
a Catoner. Upon itruiertheg to 'lead the Statote Law with
mewl to the dutirsaitd powers of w Coroner, Mr. Fumed
opted Mr. Harmer, observing that be did not require
o.ly eotoiMolloo 00 Hen' head.. .
Dire Ash•orth,advertiog to Mr. Ilermer's allusion to the
Act, took occasion rn dispel whtit.be celled the sery.er-
p.o.•ous emotion whieb• had Owe- xibiroisl* with regard to the
ueressily of reading that Act previous to any order for the
ii.' {version of sot tams" sneettno He was snrprised at the
',mot of the error which preepand won this subject, ss. *t-
ending to common litwouy meeting mould he legally
diem esed without at all wading the Rini Act. All, indeed,
that this Art had done in aid of the poweis, with whirl, the
imatracy WIC Worsted by the, common law. Wan to pro-
rover: it a felony on the part of those who cootinoed to.
m-ther for one beer after midi assembly was formally pro-
,inied illegal. After repeating and eliforcing his former
argninetits—
v.. Comfier decided no be Lad done before, Hon on 'mi.
thwee should in rotate be *Amin"! which Jill not directly
mfrs to the attackstrimu John Lien, netts any ruttier( ur
the

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