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

THE SUE, LONDON, MONDAY, AUGINT 5, 1839.

about 7 minutes to 9. At 10 minutes to 10 I went to the
public office. I made my escape out of Mr. Taylor's back
windows. The next house was attacked, and Mr. Taylor's
family were alarmed. I saw Dragoons at the public office,
I saw them galloping down Moore-street, as if from the
barracks ; they went into the Bull-ring, and I followed
them. They began to disperse the mob instantly. I was
on duty till two o'clock in the Ring, and all was quiet, so
far as I could see. The mob were entirely gone at that
time.

Cross-examined by Mr. DANIEL—I am clerk to the
chapelry of St. Paul, which belongs to St. Martin's parish.
' I know Broad-street; I don't recollect a meeting there in
May, 1838. I heard of the return of the Delegates from
Glasgow at that time.
The prisoners declined to ask the witness any questionw.
John Hyam, cross-examined by Mr. WADDINOTON-.I
am a victualler, residing at Birmingham. lam a collec-
tor of the market tolls. On the evening of the 15th July
I was on the top of the Market Hall. I could see from it
the upper part of Digbeth, and a portion of the Bull-ring.
I could also see Mr. Bourne's premises. I saw the mob,
or a portion of them, march up Moore-street and rush back
again. When they came back two things occurred at tree
same instant. A portion of the mob rushed up the Bull-
ring, breaking windows as they went along—there was
considerable noise. I lseard also the noise of the glass
falling, but I don't know what they broke the windows
with. Another portion of the mob commenced an attatsk
upon the shutters of Mr. Bourne's house. I could
not see what the weapons were from the dis-
tance and elevation at which I was, but I could
hear the noise against the shutters. They were
a few minutes forcing the shutters before they broke them
in, the resistance of the shutters being very great. An
entrance was effected as soon as the shutters were broken,
the windows being broken. I saw some go in, and immis-
diately afterwards things were thrown out. That appeared
to be a general demolition of the property. Both the
windows were brokeln in and torn down. The whole ap-
peared to be demolished, and the shop left open to thee
street. I know that. by having seen the people go in and
throw the things out. I afterwards saw goods rolled ont
of Mr. Leggett's shop, and spread like a carpeting across
the Bull-ring; they were rolls of cloth of some description.
It was then carried below Nelson's monument. In a short
time afterwards, I saw the pile in flames. I saw es
person with a stick or some other weapon carrying
a portion of the fire to Mr. Bourne's shop. He thre w
it off his stick when he got near the door, and some
persons standing near threw it into the shop. They
began then to put things upon it ; that was besidie
the shop, and shortly afterward the shop was in flamest.
The same process wo .s gone through with respect to throe
other shops. The policemen arrived afterwards in about
an hour or an hour and a quarter after the first attack
upon Bourne's shop. The noise while these proceedings
were going on was not so considerable as might be expec -
ted from so large a number of persons. There was cheer-
ing, partially, and oo easionally, but nothing like a general
shout. I heard no aspressions of disapprobation.
Cross-examined try Mr. MILLER—Was on the Market-
place roof. I could not at that distance distinguish all the
noises that might oti cur in a crowd. I could not hear
conversations of cour, se. I was inside in the Market Hal
on the evening of tilt 4th of July, when the conflict took
place between the people and the police. I have heard
expressions both of approbation and disapprobation from
many persons as to 'the conduct of the police on the occa-
sion. There are tuna sides to every question.
Cross-examined b y Mr. DANIEL—I recollect something
about the meeting 'of the Delegates in May, 1838, but
cannot state anything positively. I know there were
meetings of Delegate s in the streets, but I was not present.
I was sworn to my d epositions before the Magistrates, but
was not examined. I attended at the Hen and Chickens
by the order of the police officer, and made deposition::
before Mr. Maule. I never appeared against Wilkes or
any other individual.
Enos Edwards exa mined by the ATTORNEY- GENERAL—.I
am an engineer to the Birmingham Fire-office. I was
on duty on the evening of Monday, the 15th of July last.
Our station is about tioo or 900 yards from the Bull-ring,
or about a quarter of a mile. About nine o'clock the en-
gines were sent for. We opened the gate to get out the
engine. There was a great mob outside the premises, and
they stood in a solid tan iss, blocking up the street. I heard
several persons say " they are bringing it (the engine) out ;
we will smash it up." The agent then ordered me not to
get it out till the military came up.
Mr. DANIEL said it was ruled in cases like the present.
that before any expressions were proved against a person,
be should be identified as having taken part in the pro-
ceedings.
Mr. Justice LITTL.'SDALE said it had so been held, but
the contrary was also decided. He would abide by Baron
Alderson's ruling, although, he did not approve of it.
Mr. DANIEL contended that the Attorney. General had
no right to cast a prejudice upon the prisoner, by °Wiring-
such evidence now, when there might be a question of
identity hereafter raised.
The ATTORNEY- GM JERAL submitted that he had a right
to form the corpus delicti in the present case, without
establishing the identity of the prisoner.
Mr. Justice 1.. ITTLEWALE thought it might be as well
not to press it, as the 0( ieurrence had taken place a quarter
of a mile from the Oar e where the transaction took place.
Examination resumed.—The military arrived in about
half an hour, and we proceeded to the Bull-ring. Mr.
Bourne's house was on fire from the top to the bottom,
every room being in ;flames. Mr. Leggett's was also in
flames. We began to play on the flames, and two other
engines were afterwards brought. The flames were ex-
tinguished about half past one. There was a good supply
of water. When we arrived the - flames were spreading.
but it was a very 'dark and still night. if there had been
much wind we could not have stopped the fire.
Cross-examined by Mr. DA NIEL.—I was before the
Magistrates. I did not see Wilkes or any other person
there. I don't know any of them. My business was to go
and put the fire out.—(A laugh.)
Eneas Edwards Younger, examined by Mr. BeLocte
Mr. DANIEL moved that the other witnesses should be
placed beyond hearing, but within call.
Witness.—l was in the employ of the Birmingham Fire
Office on the 15th of July. Went out with the second engine
got the horses from the Hen and Chickens. I wore my
fireman's dress. I saw on my way from the office,
going to the Hen and Chickens, a great mob, and while I
was crossing the street, a man from the crowd came to me,
and knocked me down with an iron bar. I was then going
for horses. As soon as I recovered myself I made the best
of my way to the Hen and Chickens yard, and tackled my
horses. I brought out one with me, and the same man
came to me at New-street again. There was a great
crowd running about. The man undid the throat lash
of the horses and was in the act of taking the bridle from
the horses' heads. Ile did not succeed, for:I knocked him
down with my staff. I then went on with the horses
through Union-passage, on my way to the fire office
The passage runs from New-street to Bull-street. The
mob was running in all directions. When I got to the
end of Union-passage, I found a mob of 25 to 30. They
said the engine was gone and they blocked up the road.
Richard Harley, examined by Mr. HILL—I live in St.
Martin's-lane, Birmingham. I was in the Bull-ring at eight
in the evening, standing at the corner ol Park-street, near the
Red Lion. I saw at least 1,000 people coming up Dig-
beth, going towards Moore.street. They passed me ; the
greater part of them had bludgeons. They halted in the
Bull-ring by Moore-street. I noticed in particular one in-
dividual. That individual was Joseph Howell, (the wit-
ness here pointed him out.) He had a bludgeon on his
shoulder. He was going towards Moore-street. He
passed within three or four yards of me. I noticed him in
particular, from his having only one leg and a crutch. I
did not see what became of him, he passed through
with the rest of the crowd. I then went to the
White Hart, where I could see into the Bull-ring ;
that was about twenty minutes after. The people halted
in Moore-street. I did not see them move afterwards.
I heard the windows broken, and I saw things flying about
the lamps. I saw a fire in the Bull-ring near the Monument.
olHfs tthwwientlhgl.e..m
Ic
last: carrying
aintshgea
btfihore fire
about
tbalan
blaze
hoe
oulight b
eiltionreexTt
thsheaarwte I
Hwa
had
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following day in prison. I have no doubt whatever that
the prisoner at the bar is the man whom I saw with
the bludgeon on his shoulder.
By the prisoner—I did not see you do anything only
walking with the rest with the bludgeon on your shoulder.
It was about eight or a little after. I believe you had
a brown coat on, I am not certain as to the colour, but
you had a coat on.

- Charles Wheaton examined by Mr. WADDINGTON—A
was servant at the White Hart, in the Bull-ring. I
was standing at the front door on the 15th of July.
I saw a great concourse of people going towards
Deritend. They were not armed at that time. I closed
the door of the White Hart, and went up to a window.
I afterwards saw another concourse of people going to.
wards the Bull-ring by Digbeth. There were at least
1,000 walking in a body, not in procession. They were
then armed with bludgeons. Among them I saw Howell ;
he was marching in the middle of the street, with a bind-
aeon on his left shoulder ; I noticed him particularly,
from his having a crutch ; he halted for a short time op-
posite the White Hart; he turned round and seemed to
speak to the people behind. Did not hear what he said.
He turned round towards Digbeth and proceeded to the
Bull-ring, in the direction of Messrs. Bourne's house.
Thenty minutes after I heard the windows breaking. I
kept my station, and saw them throwing missiles at the
Nelson Tavern ; the mob were also using sticks. I left the
White Hart', and I saw several men and boys carrying
things, which I supposed had been taken from Messrs.
Bourne's shop. The shop had been -broken, but the fire
had not begun.
By the prisoner—l now identify you by your having
one leg, and by your features. It appeared to be a brown
coat that you wore. I did not see you do anything.
James Inglis, examined by the ATTORNEY- GINERAL—I
am clerk to a solicitor at Birmingham. On Monday, 15th
July last, I was in Spiceall-street, opposite St. Martin's
Church, opposite the Bull-ring. It was about eight
o'clock. I saw a great number of persons passing St.
Martin's-lane, coming in the direction from Holloway-
head. There were many hundreds of them. They were
walking in procession from four to six abreast. Some
of them had staves. Some of them looked to me
like pallisading. I went into the Black Boy, which
is at the corner of St. Martin's•lane. I went into the
Club-room on the first floor, where I had a view into the
Bull-ring. There were not many people in the Bull-ring
then, but they kept increasing until nine o'clock, till there
were several hundreds. I know Messrs. Bourne's house
very well. I was within 150 yards of it. I heard a noise
of rapping against the shutters. I think it was made by
stones, as I saw them getting up stones in the Bull-ring.
They were large stones, paving stones. I heard a great
noise and hurrahing, and I heard the windows smashed.
I saw part of the mob come down Spiceall-street, with some
pieces of bed-ticking. They unrolled it, and spread it
across Spiceall-street, Digbeth-street, and St. Martin's•
lane. I supposed that this 'lad been done to prevent
any one from following them. I saw the pri-
soner Howell coming down, along with the crowd.
Howell had a large club or a piece of a railing in his hand.
I saw him give signals with it, waving it in the air. The
lamp right under :he where I was, was immediately
broken by a stone. All Mr. Seudamere's windows at the
opposite corner were broken in. I saw Howell afterwards

return up Spiceall street towards the Bull-ring. There
were a great mans persons with him, and he was taking
the lead in every transaction I saw him in. I saw a fire
near the Monument not many minutes after they had re-
turned. I saw the mob carrying cloth, and straw, and
many things carried to the fire, but I can't tell what they
were. I saw Mr. Bourne's house on fire in about twenty
minutes atter the fire was lighted in the Bull-ring. I re-
mained at the window till one o'clock in the morning, arid
the fire was not then extinguished. The roof was burnt ,
in. I saw Howell next day going up to the prison between
two dragoons. I recognised him in a moment as the per-
son I had seen the previous evening. I have not the least
doubt the person now at the bar is the man.
Cross-examined by Mr. MILLER.—I heard there was a
good deal of excitement among the working men of Bir-
mingham in consequence of the dispersion of the meeting
on the evening of the 4th of July by the London Police.
There were many meetings held in the Bull-ring before
the 4th of July.
By Mr. DANIEL.—I know nothing about the Delegates
coming back from Glasgow. I heard rumours of the Town-
hall being refused to the people.
In answer to questions from Howell, the witness said he
saw him distinctly flourishing his stick.
Charles Atkins examined by Mr. BALOUY.—I was in
the service of Mr. Bourne on the night of the 15th July,
I saw the mob there about the house. I went up to my
own bedroom about 20 minutes past 8. At thattime nothing
had been done to Mr. Bourne's house. I saw from my
own room window the prisoner Howell. He had a
crutch and only one leg. I saw him lean against the gates
of Mr. Hill's house at the opposite corner, and look up
towards our house. He went then to the middle of Moore-
street, and encouraged the mob to go towards the public
office. I heard him say " Come on my boys!" He
flourished his crutch in the air and went towards the mob.
They did not appear to attend to what he said.
Cross-examined by Mr. MILLER.—HoweII was standing
cn one leg when he flourisded his crutch. He was standing
not walking.
Henry Gibbs, examined by Mr. HILL.—I was staying at
the on the evening of the 15th
July, White Hart
heard
of the people from Digbeth to
"
White Hart was then closed and
shut
up
sho a p is shooting
.
Birmingham
I went to my bed-room window. It was on the first
"r
Theng
floor facing the street. It was then about a quarter
past eight. All the people were armed, some with
bludgeons and the greater part of the boys from
twelve to seventeen with sugar staves. I saw an axe with
one of them. It was the only deadly weapon I saw, and
I took a sketch of it on a card. They halted opposite the
White Hart, and I noticed particularly the prisoner Howell.
From where he was standing there were loud shouts of
" Come along, you damned London police." He went up
well, with long scrides, aeross to Moore-street, and then
swung round upon his crutch, and then looking down
Digbeth, raised his crutch, moving it round in the air,
and hurraed, on which he was joined by all about him.
He then went on towards Moore-street, and the shout
was " Come on my boys." I then removed to the top
of the house there and had a view of the Bull-ring. I
could plainly see the attack on Mr. Bourne's house. I
saw as I believe the man with the axe cleaving into
Bourne's shutters.
There was no cross-examination of the witness.
James Stephens examined by Mr. WADDINGTON—I am
employed by Mr. Croley, a timber merchant. I was in
Mr. Belcher's shop on the night of the 15th July. The
shop was shut up when the mob assembled. Belcher's is
three doors from Mr. Bournee's I could see through the
shutters, and about half an hour after the mob came the
attack commenced on Mr. Bourne's shutters. I heard the
thumping and knocking very distinctly. Shortly after-
wards Leggett's shop was attacked. I heard shouting from
the mob both before and after the attack. I saw Howell
among the mob before they broke in, or had begun the
attack. He was three or four yards from Leggett's shop,
in the carriage way. He had a stick in his hand and was
waving it round his head. They were then going to
attack Leggett's premises, and they did attack it immedi-
ately afterwards. I then lost sight of Howell.
Cross-examined by Mr. DANIEL. —I live in Birming.
ham. I know nothing of meetings having taken place in
Broad-street.
Joseph Jones examined by the A TTOTOTEY- GENERAL.
lam 14 years of age. I work with Mr. Pearson, a nail.
cutter, at Walstone. I was in the Bull-ring on the evenine
of the 15th July, when Bourne's prsmises were destroyed.
I saw Howell there close by Air. Bourne's shop. He had
an axe or bar in his hand, vrith which he was breaking
Mr. Bourne's shop window-strutters. I saw other persons
breaking the windows. I saw Howell first do so, and
then I saw others. I saw him come into the middle of
the horse-way, and he waved his hat and hurrahed. He
was in the middle of the road ; the rest then went and
helped him to break the shutters. They broke them to
pieces, arid afterwards burned them. I saw fire lighted in
the middle of the Bull. ring. They carried the light into
Mr. Bourne's shop and set fire to it. I saw it on fire.
I saw Howell then in the hoeese-road, and he was dancing
about, while they were settin g it on fire.
By the prisoner—l belh Ne it was the coat you now
wear. It was a good deal like that coat in form.
Examination resumed--I have no doubt of the prisoner.
Cross-examined by Mr. I )ANIEL.—I never was at any
of the meetings before. Ic, tine straight from home.
The ATTORNEY- GENERAL Ratid that closed the individual
evidence against elovrell.
William Hall, one of the Birmingham police was then
called. I was at the public office on the 15th of July. I
saw the mob come to the po lice-office; they were armed
with weapons of all descriptio ass ; there were 1,000 or more
of them. I did not see the m break any windows. The
London police were called in by the Superintendent. I
was at the gate, and was poi; stied out with many oaths and
threats, and I thought it nece st ary to make my exit. I
went to the Bull-ring about half -past nine ; I found a great
number of persons throwing slot les, shouting, and retreat-
ing, in consequence of the Lot don police coming down
upon them. I saw fire at Mr. L eggett's shop, and likewise
near the Monument ; larF'e pieces of ticking and
shutters were burning. T'hi sy were then throwing
stones at Bourne's shop. I saw Francis Roberts
there ; he was very busy en gaged in throwing some-
thing. I am sure Francis Roberts was the man.
I have seen him' at the public naeetings, in tne Bull-ring,
and at the public office. He -I, ras a regular pillar at the
meeting. I saw him next mo rn ing at eight o'clock at Mr.
Bourne's shop, looking about a d reconnoitering. I then
took him into custody.
Cross. examined by Mr. Mt, do not know any-
thing about the meeting of the Delegates from Glasgow.
Ido not know that that there , was any excitement about
their return. I know there se a some excitement about
these men—the Delegates, or C hartists, whatever you may
please to call them. There has been a great excitement
for the last two or three months; . It might be longer, I
could not say positively. Ido not recollect of a meeting
being convened by Mr. Munt.e, in Broad-street. I recole
lect the meeting, but Ido no t. know for what purpose it
was called. I know by heart tay that the Town Hall was
offered to the people to mei ;t in for Si. by the Magis-
trates.

, Cross-examined by Robe rts.— I saw you at Spiceall-
t street, by St. Martin's-le ine. I can swear to you,
having known you a long tin le. I was within 10 yards of
you. It was my duty to tell you the charge against you,
and your answer was, " Th lit you was net there at all."
I never asked you whether yi au had been in the Bull-ring
when I took you.
The witness explained to I he Court the reason why he
had not taken the prisoner at t the time, was that he con-
sidered his life would be in jeopardy if he had attempted it.
Thomas Rose examined by Mr. WADDINGTON.—I live in
Moore-street. I was there on Monday 15th July, stand-
ing at my own door, opposit( ; Mr. Bourne's, at half-past
eight. I saw the people coming up from Digbeth.
They stopped at the corns r of Moore-street, and they
made a stand. They we re waving weapons. They
moved to the public office, an d began to break the windows.
They were mostly armed s pith bludgeons. I saw the
prisoner Jones at the corn( ir of Moore-street. He was
running out of the Bull-rin g. There was upwards of a
hundred with him. He cart ,ied a handkerchief on a stick.
He waved it, and called to the mob to come on. I saw
the mob return to the corn( sr at Mr. Bourne's. Jones was
with them there. I saw him go up and come down the street
with the mob. He was stil I waving the handkerchief. I
have known him for three yi tars. I know him by his work-
ing in Moore-street. Whe n the mob came to a halt they
knocked in Mr. Bourne's w indows with stones and sticks,
and then they began upon t' he shutters. I saw them break
into the shop, and throw th e goods out on the street. I
saw fire thrown into the shop, and I went with Mr. Bourne
to the public office. I sa w the people carry the fire into
the shop, and put it unde r the counter, which is made of
wood, and it came to a bla: se. I did not see Jones after he
came down the street wit h the mob. It was that mob
which attached Bourne's h .nose. I came from the police
office, and went round th e corner at Mr. Bourne's shop,
which was on fire. I saw a young man come through the
shop window of Mrs. M artin, which is next door to
Bourne's. Mrs. Martin is a jeweller and silversmith. The
young man was the pt isoner, Thomas Aston. He
ran away to make his es, rape. I followed him, and
knocked him down, and took him into custody. He
was searched, and silver s ,pons and other articles were
found on him, which had been taken from Mrs. Mar-
tin's shop. The prisoner I vas searched immediately in the
public office. Mrs. Marti) a on the following day saw the
articles, and identified then t.
Cross-examined by Mr. , MILLER.—When I was exa-
mined regarding Jones th en, and again on the Thursday,
I was equally certain of h is identity and the handkerchief
on the first examination. He was committed on Tuesday,
but I signed no depositiot I then. I signed my deposition
on Thursday. I had hart l no doubt whatever that he was
the man on my first exam (nation. I was not taken up to
rr o
as sdiesxt
raeme it .
n Iliad
d by Mr
bu sin
agoaxrraemt,inwohere
him.
Broad-street. he and othi srs were confined, on the Tuesday
tonotmeketnwiong
n
Mr
Do
on what occasion the mei sting was held. I did not hear
any speeches made. I was not there ten minutes.
.aaNtthisaLt.— wal y was.
I atdo a
I could not tell within a hi dred or two how many were
of them. Could not say lo " they walked, but they went
through the streets the mo. public thoroughfares. That
might be about a year ago. Could not tell who spoke at
the meeting. I have heard it said that Mr. Attwood and
Mr. Muntz had spoken at the t ,ame meeting.
Eliz. Martin examined by N fr. WADDINOTON—I keep a
jeweller's shop next door to MI Bourne's premises. Some
articles were produced to me 1 ty Harris, an officer, which
had been in my shop on the 15 th July. The property was
produced in Court, and the IF'
loess identified the articles.
[The witness here was r se; tiled, and she identified the
articles.]
Charles Beache.—l am an iron merchant, in Moore-
street. On 15th July J vas a sectional leader of the con-
stables. In the evening) ( went in the direction of Hollo-
way-head, as fir as Stria llbrook-street. It was between
seven and eight o'cloc S. I saw at the top of the
street a crowd of people running by E set. r-
row, leading from 110110 way. The Row seemed full of
them, and many of th em had staffs or bludgeons
in their hands. They we re advancing to the Bull-ring,
arid then part of them tut need into Suffolk-street, in the
direction of the Town-hall I was standing at the Opposite
side of Suffolk-west on the top of some steps, where I had
a full view of all the partici t: The crowd was so great I
looked out for a place of 8,1 fety. I saw the prisoner

Wilkes among them. I knew him, fi v;og lward Lito of, n
address the, mob in the Bull-ring. He got on the steps
very near me, and the first word he said was " halt."
The word " halt" was repeated by the people, but he was
the first. They did halt. I heard him tell them to form
and go in a body on the Warwick-road, which would lead
them in the direction of the Bull-ring, by Smallbrook-
sti eet. They did go in a body. I lost sight of him as
soon as he left the steps. I then went to the corner of
Smallbrook-street, and I could see the whole street filled
with people, from one end to the other.
Cross-examined by Mr. DANIEL.—I believe it was said
that Collins and Lovett were expected back that night.
Alfred Webb, examined by the ATTORNEY- GENERAL--.
I am a stationer in the Bull-ring. I was at Holloway-
head on the Monday. I saw Wilkes there a little past
seven. There were 2,000 or 3,000 persons there. I
was within thirty-five yards of him, and could
hear him distinctly. He said too much time had been
lost in speaking ; the time was now come to act. He
said they must act now decisively. He said he did not
wish to run the people into unnecessary danger, but they
must prepare themselves. He alluded to the previous
riot on Thursday week. He said it was well for the police-
men that they, the people, were not then armed. He said
that they were not yet strong enough to meet the soldiers ;
but if the streets were barricaded and the railroad de-
stroyed, they would not have anything to fear from them.
He said 200,000 were armed, ready to march at a moment's
notice from the North to join them at Birmingham. The
people then said—We are ready, now we will go on. He
was speaking when I lett, about 20 minutes to 8. Hol-
loway-head is fully a mile from the Bullring.
Cross-examined by Mr. DANIEL.—The reason I was at
the meeting was, hearing a man with a bell calling it.
Had not heard violent speeches at any other meetings but
those in the Bull-ring. I have lived in Birmingham two
months. I was till then living in London and at Ipswich.
I never heard any meetings but in the Bull-ring.
By. Mr. MILLER. —I believe there has been a very great
excitement among the labouring classes against the Lon-
don police.
Charles Moore examined by Mr BALGUY—I am a street
keeper at the Bull-ring. I was there on the 15th of
July from seven till about eight. I saw a mob of persons,
between 400 and 500, halt at Digbeth. They proceeded
towards the Bull-ring. I saw Wilkes in front of them.
I am sure be was the man, because I have known him some
time. After nine o'clock I again returned to the Bull-
ring. When I left first there was no mischief done. Be-
tween nine and ten o'clock Bourne's house was on fire.

Cross-examined by Mr. DANIEL.—The meetings at
Newhall-hill were more numerously attended than at Hol-
loway-head. They met very frequently. I could not
say that many respectable people attended them. Had
never heard any complaints about them, and had never
heard a bell sent round to give intimation of them taking
place.
Thomas Hall examined by Mr. HILL—I am a street-
keeper at the New Market. On Monday, the 18th of
July, I was in the Buhl-ring. The evidence of this wit-
ness was generally nearly the same as the preceding wit-
ness. He identified Wilkes as having seen him come out
from the crowd near Nelson's Monument. He was above
the Monument when I first saw him. He then mounted
the Hall steps, where he remained about five minutes. It
was near eight o'clock. I had known Wilkes for three
months. I gave directions to Partridge, one of the New
Market constables, about him, to look after him. The
constable came, but he was gone. At half-past eight I
was at the public office, when they began to break the
windows.

Charles Smith—l am a street-keeper. I was on duty
at the end of New-street on the Monday, and I saw the
prisoner Wilkes. He was talking to the crowd. It was
about half-past eight.
Cross-examined by Mr. DANIEL.—I was once attacked
at a Chartist meeting, when I took a young man into
custody for striking a woman. I was very ill used, and
Wilkes protected me, and he behaved very well.
Charles Evans—l am a street-keeper in High-street,
Birmingham. His evidence was in substance the same as
the others. I saw among the crowd Henry Wilkes, he
was in front, with one on each side of him, and a vast
number were following him. As he came up he pointed
towards Mr. Savage's shop. He went a few yards in that
position. He also pointed to Deakin's shop. A few
minutes after I saw a man run across and strike at Hutton's
shop. And then a few minutes after I saw them strike at
Savage's and Deakin's shops with sticks and stones. They
were throwing at them. A few minutes after that I saw
them knocking with bludgeons at Bourne's shutters.
Cross-examined by Mr. DANIEL.—I could not 'say with-
in ten minutes, or a quarter of an hour, as to the time.
He was in conversation when I first saw him going up the
street. He was walking in a contrary direction from Mr.
Bourne's, and continued in that direction as long as I saw
him. Ido not know that he lives in Whittall-street, but
he was walking in that direction. I did not see him after-
wards. It was after he had left and gone, that the riot
began. When the attack on the shutters was made,
it was two minutes after I lost sight of him.

By the ATTORNEY-GENERAL.—The persons who were
with him, were within a fetv yards of him, and must have
heard what he said. They were looking in the direction
in which he was pointing.
Henry Monre Griffiths—l am a solicitor in Birmingham.
I know Bourne's premises, they are situated in the parish
of Birmingham. The borough is one parish for all other
purposes, but it is divided into districts, called parishes, for
ecclesiastical purposes.
Mr. DANIEL made some objections as to the parish not
being described at St. Martin's parish, in the indictment.
The ATTORNEY-GENERAT. resumed the examination of
the witness. I have lived in Birmingham all my life. I
have been clerk to the Magistrates for eight years. There
is a parish called Birmingham, and I always call it so
when I have occasion to write. Bourne's premises are
situated in the parish of Birmingham. It is so generally
called. There is one poor rate and one board for the
whole, and the vestry is held for the whole.
The ATTORNEY-GENERAL then said—This my Lord is
the case for the prosecution.
The evidence had occupied upwards of seven hours and
a half.

Mr. MILLER argued for the objection. He contended
that the venue had not been definitely laid down in the
indictment.

The COURT overruled the objection.
The Jury were allowed to retire for a few minutes.
Mr. MILLER, on behalf of the prisoner Jones, rose to
address the Jury. He remarked the sense of the heavy
responsibility with which he was impressed, seeing that
his client was not being tried for a simple misdemeanor,
but on a charge which, if proved,. by law would constitute
a capital offence, and consequently he could not but feel
that the safety of one if not of more of the prisoners was
entrusted to his feeble protection. He had only to address
the Jury on behalf of the prisoner Jones, but necessarily
the observations which it would be his duty to make must
either be for good or for evil, and affect the interest of all
the other prisoners. He would, however, not mix up his
client's case with that of the others. The array of Coun-
sel, with the presence of the Attorney-General, that had
been brought against the prisoner at the bar would satisfy
the Jury of the importance that was attached to the result
of the trials, and he hoped it would induce them to view
the evidence with the most favourable consideration.
Every topic that could be urged against them would be
pressed by the Attorney-General. He did not mean to
say they would he improperly urged, but they would be
urged with plausibility and simplicity, and with that dan-
gerous tact which might not only be fatal to guilt, but
which might be dangerous even to innocence. The Jury
ought to bear in mind that even facts were not to be relied
on without examination, for every fact could be made to
bear two ways, just as it was represented; and there was
no man more skilled than the Attorney-General who could
make the worse appear the better reason. The Attorney-
General could, besides, claim the right of reply to the very
simple, and perhaps noteless observations of these prisoners,
who were without that small solace which Counsel might
have afforded them. The Jury ought also to bear in mind
that the whole resources of. the Treasury had been
laid open to get up the evidence. Every step had
been taken to secure a conviction by the command of
talent and arrangement. There was one crying grievance,
of which he would complain, on the part of the prisoners,
which was, that these disturbances took place at Birming-
ham on the 15th of July ; and every man apprehended had
been charged simply with rioting and disturbing the Queen's
peace, and on that charge bad they been committed for
trial. By a recent Act of Parliament, prisoners so com-
mitted were entitled to copies of the depositions taken
against them, that they might be prepared to prove their
innocence. His client had obtained a copy of the depositions
made against him ; and it appeared, that, on the evidence
of one witness, he had been committed for trial for
misdemeanour only; and, by the law of the land, a
prisoner committed for trial for that offence within
twenty days of the Assizes was entitled to traverse until
the following Assizes, and till then he might be among
his friends procuring evidence for his defence. This
ought to have been the situation of his client, but
instead, after having been acquitted by the Magistrates of
the aggravated part of the charges, what was his surprise
to find, when arraigned at the bar the day before yesterday,
that he: was called upon to plead to an indictment for a
felony that affected his life, and that the names of 17
witnesses were on the back of the bill. He applied for
delay, but the case had only been postponed froin
'Thursday till to-day, which was of very little use, seeing
that he was to be tried for an offence alleged to have
taken place at a distance of nearly thirty miles off. To
allow the prisoner only two days under such circum-
stances was a mere mockery of mercy. Although his poor
client could make no use of this brief interval, yet
the Solicitor of the Treasury, with the Treasury purse at
his commaad, had made good use of the time, for he had
added one more witness to the 17 names already on the
indictment. For reasons such as these, he conceived that
he had a right to caution the Jury against coming to con-
clusions prejudicial to his client, because he had not wit-
nesses to produce, seeing that, not till Thursday last, was
he acquainted with the necessity of his case. Ho trusted the
Jury were impressed with feelings of indignation at the
unwarrantable excesses which had been committed at Bir-
mingham the evening in question. Such acts were un-
justifiable, either as regarded the destruction of property,
or the placing in danger the lives of the inhabitants ; but
he hoped that should any such prejudice exist in their
minds, they would not allow themselves to be so far mis-
led as to find an individual guilty who had not participated
at all in the outrages. He would ask them also, to dis-
connect all that partof the case which bore against all
the other prisoners, from that which bore directly on his
client, and not allow the evidence given individually, to
be applied to all. He did not mean to deny but that
which the Attorney-General had laid down, was the law
of the land, but as far as it applied to the case of his client,
there was something like a fallacy which he would point out
to the jury. His Learned Friend had read to them a pas-
sage from " Hawkins Pleas of the Crown," but he had
not read the whole passage ; he would therefore read to
them the whole of the passage supplying that which had
been omitted by the Attorney. General, and which he
hoped would teach them a lesson of caution against the
dexterous management of his Learned Friend the Attorney_
General. It was no doubt the law of the land, that where
parties were charged with committing one offence in com-
mon, and with a common and joint interest, and were present
at the committal of the offence or near enough to aid

•ttA I 1;,) t Z. e ee.. t ,reed .ILr A 1,1 1
perpetrated the act, for in the eye of the law they
were all equally guilty. But the charge against
these men was, not that they had gone forth to do that 1
which was unlawful, or to commit a breach of the peace,
or to create a disturbance or riot; not that they had gone
to seek a conflict with the London police constables, agaii,st
whom their feelings had been so strongly excited;
the charge was their having assembled, and for riotous
purposes, and that together and for, with common pur-
pose,they did abet each other in demolishing and destroying,
or beginning to demolish or destroy, with intent of effecting
their object, certain houses in Birmingham. In that case,
should the Jury be satisfied that the men had gone to
the Bull-ring to seek a conflict with, or that
that they might vent their vengeance on the
London Police, and having made the attempt without
success, andafterwards, when circumstances arose which it
was impossible to foresee, that a part of them without the
concurrence of the rest, had commenced the attack on the
houses of the Messrs Bournes and others, and destroying
property by fire, and bad then, for the first time enter-
tained the notion of demolition of property ; that with
which these men were charged, could only be considered
to have begun at and from the commencement of the at-
tack upon the houses ; it was not till then that the in-
tention, which the law deemed necessary, first took posses-
sion of the rioters, and consequently, however his client
might have participated in the construction of the law or
original intention of the rioters, unless he could be proved
to have aided and abetted in the execution of the demoli-
tion of the property, he would be entitled to an acquittal
from the more aggravated charge, which alone affected his
life. The Learned Counsel after referring them to the
extract read by the Attorney-General, directed the atten-
tion of the Jury to other extracts, to show that it bad been
held that, when persons went out for a lawful purpose. and
that some of the party committed an offence, those who
had gone out on a lawful purpose were not to be held
guilty of that particular:offence, although they were present
when it was committed unless they actually had aided and
abetted. His proposition was, therefore, that if the parties
went out to commit a breach of the peace, but with no com-
mon intent to commit a felony, although it might be in proof
that they had aided and abetted in a breach of the peace
for which they ought to be punished as a misdemeanour,
they could not: be punished for felony unless it could
be proved that they were present at, and had personally
aided and abetted in the actual demolition of property,
which constituted the felony complained of in this in-
stance. The Learned Counsel then referred particularly
to the evidence, and contended that all which had been
established against his client depended on the testimony
of a single witness, amidst all the tumult and confusion
that reigned around him at the time, and that at a late
hour. It was stated that at eight o'clock he was one of
the party who, in consequence of the excitement raised
against the London police, because of their having
forcibly dispersed them, when, whether they were riotous
or nut, they believed they were holding a lawful meeting,
and in consequence of this they had gone to the pubiic
office to challenge the police to a pitched bat-
tle—and who, when the challenge was declined,
returned without effecting their purpose, and with
the failure of that their common object was at an
end. The witness who bad identified him as being of the
party, had seen the whole attack on the premises of Mr.
Bourne, but he did not see his client in the party which
were employed in the attack. He did not mean to deny
that his being a party in the original common purpose,
would subject him to the penalties of misdemeanour, but
nothing more. And when in consequence of the absence
of the Magistrates, and the instructions given to the police
not to act.without their special order—the absence of the
military, which the mob could not have anticipated, some
parties determined upoM.a new object, that of demolishing
the houses, his client was not only not proved to have par-
ticipated in that new common object, or to have been pre-
sent at its being carried into execution; but the witness
who had said he knew him well, and who had witnessed
the whole of the attack from his own door opposite, had
told told them that he had not seen his client among that
party. The Learned Counsel then adverted to the lan-
guage which had been used at meetings that formerly had
been held in Birmingham by individuals now in authority.
He said the numbers which had attended these meetings
were calculated to encourage the delusion of the people
that to disturb their meetings was illegal. The Magis-
trates ought to have been the last men to bring down a
force to disperse meetings, of which they had themselves
once set the example, and encouraged in person. But
what had been contemplated, as he had stated, was the at-
tack upon the police; all that took place afterwards,
when it was known the authorities and the military were
absent, had never been thought of until the moment it
commenced. In the absence, therefore of all proof of
his client being present at the demolition, or any proof that
he had joined or participated in that common purpose,
which arose merely on the spur of the momeni, and in the
absence of all proof that he had even joined in the common
object of assaulting the police, except on the testimony of
a single witness, and which, even if proved, would only
render him amenable to the minor offence of misdemearour,
he trusted that on a question which affected the life of his
client, the Jury would disembarrass their minds of all the
extraneous circumstances which might go to prejudice them
against the prisoner, although they proved nothing—and
that they would feel themselves bound to give that verdict
of acquittal which he so confidently looked for at their
hands.

Mr. DANIEL then addressed the Jury for the prisoner
Wilkes. He contended that the case of his client differed
entirely in all its circumstances from the cases of any of
the other prisoners. He bad been committed to Warwick
gaol on a charge of sedition, and he might observe that, at
the present day, it would be no easy task to define what
was meant by sediti,ai. It was difficult for those who, in
imitation of their betters, abandoned peaceful industry
to engage in the mazes of politics, and especially if poor
and humble, it was diffieuli to discriminate what constituted
sedition. But they had this security, that sedition
amounted to no more than a misdemeanour. Though they
might neither be made magistrates, nor sent to Parliament,
nor be enabled to claim a share in honours, the price of the
support of sedition, yet they might know that the only
peril they had to encounter was that of imprisonment, and
that was the utmost to which Wilkes had exposed himself.
The Learned Counsel complained, in the same strain
that Mr. Miller had done, about the indictment
being changed from that of misdemeanour to that
of felony, at so short a . notice ; and which charge
would affect his life. The Attorney-General had manu-
factured from a misdemeanour a criminality of the very
highest character which was known to the law. Instead
of being charged with the sedition for which he had been
committed, his client was suddenly charged with the
burning and demolition of houses, and the Attorney-
General, in his official capacity, h placed the prisoner
on his trial without giving him the smallest opportunity
up to that moment, to know what was the nature of the
charge, or what would be the nature of the evidence to be
produced against him. Even the paltry postponement
of a few days had not been obtained without being
opposed by the Attorney-General, who described the case
as an ordinary case. It, therefore, became necessary that
the Jury in this case should guard against adopting
inferences instead of proof, or admitting conclusions
which were not expressly warranted by the facts adduced.
If the evidence bore any reasonable interpretation which
went to establish the prisoner's innocence—the Jury would
be bound to give the prisoner the benefit of it.
Be the result of these trials what it may, he
hoped they would have the effect of extirpating from
every corner of the land that horrible spirit of insubor-
dination which had prevailed. He trusted that any obser-
vations which he would have to make would not interfere
with that which he thought was the first duty of every man
—most sacredly to maintain the observances of the law of
the country. The Attorney-General has said there bad
been insurrections elsewhere. He cited Wiltshire, Mont-
gomeryshire, and other places, but they had not been dig-
nified with the presence of the Attorney-General. That
fact was sufficient to prove that this was no ordinary case.
He must have but little knowledge of politics who could
not see that there was a political influence affecting these
trials. If his client Wilkes had been tried eight months
hence he was convinced that he would have had a much
better chance. He did not doubt but that the Jury would
do their duty ; and it was no part of the duty of a Barris-
ter to be a sycophant to the Jury ; but he might say that
he considered the Jury was a fair sample of the bulk of the
people of Warwickshire, and he had perfect reliance
upon them. He had no doubt that they must
feel as every other man would feel, that there
had been some shameful outrages committed, and they,
of course, must feel shocked with what had occurred.
He thought, however, that the Attorney-General might
have said a few words in his address to put them on their
guard against any such impressions, but he had not done
so. Perhaps he was wise in doing so, for he could not
give them a reason why the prosecution had been brought
up under his own immediate auspices. He had been wise
to keep that out of view. He (:Mr. D.) had nothing to do
with any of the prisoners but Wilkes, and in laying the
case before them it would be necessary to take the facts in
evidence in exactly inverted form from what they had been
laid down by the representative of the Crown. With
what had the Attorney-General begun? Not with the
facts of anything with which Wilkes was concerned, but
with facts that were calculated to rouse in the minds of the
jury all that was revolting in circumstance, in the hopes that
they would forget in the time occupied in the trial the pal-
liative facts that might be adduced. He ( Mr. D.) was not
there to defend his client against using seditious language ;
he appeared to defend him against one single charge, and no
more. He would refer them to one of the Attorney- Ge-
neval's own witnesses, to prove that the meetings at New-
hall-hill had inspired alarm. The Bull-ring meetings had
been nuisances, and the Newhall-hill meetings had been
nuisances. But the Attorney-General had suggested that
the Newhall-hill meetings had been held out of ; and
thee meetings
out a
atf
so were the meetings at Holloway—theyw
town. And the same reasoning that made
Ne
lawful
whaliil. V 1 Nlklawful,
ies wouldwas ad
imakieetetdhefmoreesetidnigtiseauts
IHolloway_anaggae
head
another distinct charge—and that being the case, he
ought not to be taken to account for that in this charge. He
( Mr. D.) had nothing to
meeting.dowith However, he thanked
whathadbeensaaakdideat
that meeting, or any other
the Attorney _
General for fosrhot the ctohuarts ew
words
shad a taken.d
been
sTheused,
Attorney-G
Attorney-General
and that, upon the evidence of a stationer who had taken no
notes, and who must consequently
depend upon his memo.
e r
'He also thanked the Attorney-General for the evi-
rdYe'nce of Mr. Beach. The Learned Gent. proceeded to take
the evidence of the witness in detail ; and he went on to
argue that his client, by the evidence of the street-keepers,
had been seen only on his way towards home, and had not been"
seen by any of them after the mischief had commenced. One
of the street-keepers had deposed to having seen him separate
himself from the crowd, and stand on the steps of the Market
Hall, and he had not seen him again. Ile begged the earnest
attention of the jury to this fast, for that constituted the ver
essence of Wilkes' case. The witness had given his evidence
fairly, as the Birmingham police always do, and he had known
Wilkes for some time as a street orator. He had stated that
he had given directions to Partridge, the constable, to look
after Wilkes, but he had not given any reason for .that direc-
tion and why was Partridge not brought forward to give the
reason? It was well for them they hail not brought forward
Partridge, for on that would depend the acquittal of Wilkes.
Instead of Partridge, a witness was produced who said that
his client had pointed at a house, and to have placed his fingers

EVENING EDITION.

ill a p (..eri.t. it v;a3 nOrnit-en. had been
engaged in particular conversation at the time ; and he
might have been pointing his fingers at the time ; but could
they think that a policeman who was within reach of him would
not have heard what he said ? But he was walking and talk-
ing, and was taking himself away from the spot ; and when last
seen by the policeman, there had been no windows broken, nor
any part of the property touched ar Mr. Bourne's. He would
c.dl upon them to recollect what had occurred afterwards with
the other part of the mob; but Wilkes had done that which he
(Mr. D.) hoped was not a sin—that he had, aye. even at the
last moment, separated from those who were going to do that
which was to place them in danger. Even the policeman had
seen him do nothing that he could construe into crime. From
the time that he took his stand on the New Market steps, he
hail separated from the mob; and he hoped the fact of that sepa-
ration being established would secure his acquittal. lie had
gone home, and there was no one had appeared who had
seen him again that right. That was the case for Wilkes ; and
he (Mr. D.) thought the Attorney-General must labour hard to
convince the Jury, that a man who had thus separated from
the body should be made responsible for their acts. He then
went on to analyse the evidence, and asked them if Wilkes was
to be held responsible for that which had taken place an hour
after he had left the mob. If the Jury were satisfied with his
statement, and he had not exaggerated, he would implicitly rely
upon them for an acquittal for Wilkes. After noticing a few
minute points in the evidence, the Learned Gentleman re-
marked, that although his client had attended the Bull-ring
meetings, and was a lover of free discussion, he was a man of
peace. They had heard in evidence, that he had saved a
constable who had been attacked at one of those meetings, and
had protected him. He would, having staled these his grounds
for expectation, leave the case of his client with every con-
fidence in the hands of the Jury.
The Judge called on the prisoners, who were not provided
with Counsel, for their defence.
Howell said he was a poor working man, and he works hard
for his living. lie had never been near the Bnll ring for three
months. He had never seen the Birmingham police in his life
till he was taken by them. He was as innocent as the babe un-
born.

Roberts said that it was a very hard case with him to be ac-
cused and sworn to among so many, and in the dark. He was
a poor man ; he had a family and a mother to support, and had
no time to attend to Bull-ring meetings.
Aston said that the things which he took were found in the
foot path, and he had taken them into the shop.
Mr. DANIEL said, on the part of Wilkes, he would not call
any witnesses, as they would only prove that which had been
already proved by the evidence for the prosecution. He after-
wards said he would call a witness, because he would not incur
the responsibility as the prisoner wished it. He called
Wm. Eades.—l am a slipper-maker. On Monday, 11th of
July, I was at the Castle public-house, Whittal-street, where
a club is kept. Wilkes lives behind the public-house; saw
him there before the booths were closed.
Cross-examined by the Jury. Wilkes was not a member of
the club. I saw him in the Castle-yard, but it was only for a
minute. He was at that time going home.—That being the
ease for the defence—

The ATTORNEY. GENERAL rose to reply. He said had he
had no object but to further the ends of justice. He freely
forgave the many imputations that had been made by his Learned
Friends against him, because he had no doubt they ima.ined
that they were then serving their clients. There had been
many grievous complaints made by them, because of the pre-
sence of the Attorney-General, but must they not see that
any Government would be deeply reprehensible if it did not take
the most prompt and efficient measures to bring to punishment
those that were guilty of such acts of revolting outrage ? Simi-
lar outrages had taken place in other parts of the country at
different times, and Special Commissions had been issued on
these occasions to bring the offenders to justice. It might be
that the defendants' Counsel might have in these cases taken
advantage of the fact that the Attorney-General had appeared
to conduct the prosecution • but of this he was sure, that the
presence of the Attorney-General was approved of by the
public. There happened to be no necessity for issuing a Spe-
cial Commission in this case ; but if there had, there could be
no doubt that the Attorney-General would have been
in attendance to prosecute the offenders. There had
been a riotous outrage committed, and if it was one that
came within the statute would the country have been contented
with a prosecuction for a mere misdemeanour ? The Grand
Jury had found the bill before he had come to Warwick, and
he was willing to take all the responsibility on himself, and it
these men had put Birmingham in jeopardy that was for the
Jury to decide afterwards. The law demanded to be satisfied.
He alluded to the complaint which had been made, which he
thought applied more to the Judge than to the humble indivi-
dual that addressed them. The prisoners, he thought had been
treated with the greatest lenity. According to the law if they
had committed this offence three'days ago they would be liable
to he tried. The complaint was that the trial had not been
longer delayed. It hail been delayed for some days, although
there had been no reason given, or plea, such as the absence of
a material witness. It was absurd to suppose that the trial should
be postponed till March next for the reasons urged, because he
(the Attorney-General) was sure they would be tried by as
impartial a Jury now as they could be tried by then. The
lion. and Learned Gentleman then went into 'the law of
the case and analyzed the evidence, and came to
the conclusion that this was an offence committed within the
Act of Parliament. In the ease of Howell, he alluded to his
solemn denial of the charge and his saying he had not been in
the Bull-ring for three months : and he called their attention
to the positive identification of his remarkable person. Then,
against Roberts, although they had not so much evidence, he
said, that if they had but one witness to be relied on, that was.
sufficient. Hall, who had no interest in misrepresenting, had
positively sworn to him. Then there was the unfortunate boy
Aston, who denied the charge entirely, and said that the
things which were found upon him he had picked up in the
street. He was distinctly sworn to as having been seen corning
out of the shop window of Mrs. Martin, and therefore he (the
Attorney-General) thought it was too clear that he was a
party to the general transaction. Then there was Jones, who
had been so ably defended by Mr. Daniel. He denied the
charge, but he had been sworn to positively by Rose, who knew
him perfectly. There was another principle which had occu-
pied much of the attention of Mr. Daniel, which was that there
had been meetings of the same kind held before that
had not been noticed. He (the Attorney-General) was not
there to justify all these meetings, but he must say, that at
any of these meetings he had never heard of houses being
burned. He then went into the evidence against Jones, to
show that he was leading on the mob. He did not, because he
could not have the pitched battle that he wished with the po-
lice, go home : but, on the contrary, he returned to the Bull-
ring, heading the mob to Bourne's premises. It was absurd
to call upon them to prove that he had thrown stones. It was
difficult for him to show where Jones was at the time of the
the mischief ; but Jones was among friends, and could easily
prove where he had been between the hours of seven, half-past
eight, and half-past nine. But there had been no witness
called to prove that by him. But when the prisoner would
not rely en the judgment of his Counsel, but insisted on call-
ing a witness, yet there was no evidence to that effect ad-
duced. He next came to the evidence against Wilkes.
answer to the complaint that had been made by Mr. Daniel,
that he had commenced his charge by showing that Bourne
house had been burned, he said that was the course
which he was bound to adopt by the law. The Learn
Gentleman was wrong if he supposed that there was an in'
dictment against Wilkes for seditious language ; there was f3(0)
such thing. He had been at Holloway-head addressing 2,0
people, and it became necessary to quote his language there t°
show his connection with the mob that had committed the oet'd
rage afterwards. He here quoted the language which h 2
been used by him, as given in the evidence of Beache, the wit-
ness. His Learned Friend Mr. Daniel, had said as an excuse
for the order to proced to the Warwick-road,
etthat they were
going to meet their friends Collins and Lo but Collina
and Lovett did not join the procession. But did; Wilkes gaveany order, or offer any advice for them to disperse ? No; ,t"e'
had proved his return, and his leading the mob at his bee's to
the house of Mr. Bourne, and the houses to which he 111,
a
pointed to, had been almost immediately assailed. Nowthe ( Attorney-General) could not prove that he was actually
in the Bull-ring, it would be for the Jury to say whether or !lee
he had not proved enough to show that he had been there. 11.'4
I Learned Attorney-General then alluded to the complaint...-
Mr. Miller, in saying that he had not laid down all the law_..„'"
lating to the participation in crime by those who were in cot":
pany, with those who actually committed the crime. He re
minded the Jury of having read to them the law of the case
from Hawkins' Pleas of the Crown. He then alluded to t 3
evidence of the witness called by Wilkes, and who had 0,11
proved that he had been seen for half a minute within half
mile from the Bull-ring. Now, where were the 'two fricn,
that he was walking arm and arm with? They could have to
where he went to, and Wilkes himself knew where he was be;
tween half-past eight and half-past nine. Bet he had broild
no evidence. It was sufficient to show that he was connecte
with the mob, and so near at the time when the outran
was committed. It was of importance that innocence
should be protected. It was better that the guilty manes
should escape, than that the innocent man shoo^
be punished. But if they were convinced by the evidence,
then of course he would expect a verdict of guilty--
but whatever might be the verdict, he was sure the cousin!
would be satisfied with it. He would leave the case in their
hands, with perfect reliance on their judgment and discrimi-
nation.

..---...
Justice LITTLEDALE, addressing the Jury, said that the
evidence having now occupied more than twelve hours, they
having come into Court at nine o'clock in the morning, and it
being now half-past nine at nine, he did not think, considering'
the importance of the cause, and that the lives .of five indi-
viduals were at stake, that they could do justice to the_prisonera
by continuing the sitting of the Court any longer. 'I he evi-
dence was voluminous, and the complicated nature of it in
volved a great many important points, which would require a,
considerable time to be explained. They could not possibly
conclude until the Sabbath morning. He did not mean to set
that a charge might not be given on the Sabbath, but he though"
it would better to avoid it. If the Court was adjourned, hoer'
ever, the jury must be put to some inconvenience. They
must be kept together, and deprived of any communication with
their friends, but every accomodation would be provided ,e'
them. If they bad been locked up to agree upon their verdict,'
they would have been locked up without meat, drink, or Ere'
but when locked up under the present circumstances ever/ at-
tendon would be paid to their comfort. In other cases, Jurr
men might be permitted to separate,ury,
hbeutfienitctahsees
iornf
pfeolrotanyee4,the:f
:ma'
were
ead
make
to
enoe
calledseparate.aonf
y theup
sacrificeo upon
rather
1,0 Four
rt than
Bailiffsb ed;ievreentitioe
then ordered
ohradsetrvedd decision.
sbi oen
sworn
tct p etrofor
personalm, and
cloornvheinsieonle
partc theouAl could
duty'l.hnueort Juror
would theybresaa ildl
wo,
.
the
jury into custody and see them locked u
nCootuerxt ,p seacitdedh
teowraestirdeestiorousthatthe
Mr. MILLER, when the jurymen were leave
his
Lordship about to
intimate
His Loßmsnir reiteratPe7
to the jury, that although thoy
should
ore
were now retiring, they ih
consider a
theirverdictin untilto the
k e a
heard his Lordship's ex : ir, the
the
enreof thekspooifnt:frof lilaiwairr'es, a
the
ese
jitnirvyoltvheedn.
withdrew in chargemofarthe Bailiffs'. iti

CAPITRE OF FIVE MORE '
CHARTISTS.

(FROM OUR CORRESPONDENT.) •
MANCHESTER, SATURDAY EVENIT4%.
In the course of the last evening and this morning t",,
Rev. W. 0. Jackson, Messrs. Jos.-Linn}, George 149nr"
Smith, William Tillman (Secretary to the Radical .Assr,
ciation), and Michael Doyle, were apprehended by
borough police, upon warrants charging them with 130%4
uttered seditious and inflammatory language in the town:
ship of Hulme, and other places within the h;irotlig"
Meetings have been held nearly every night this wee.o
and one of the parties apprehended attended a meeting
Salford, and reported the progress of affairs as they a
occurred at Stockport.
After a number of witnesses hP..ji been called to pr°,/:
the seditious language, the pt'isoners were asked "ad
they had to say in their defence. They all deeli"
saying anything, at prescnt, and the magistrates, after ari
absence of a few minutes, returned to Court and ordered
Mr. Jackson to find two sureties in 150/. each, and On:
self in 3001. The other prisoners to find two sureties al
751. each, themselves in 150/.
This ev,iting a
public meeting of the Chartists was held 9
in Stevenson's-square, for the purpose of taking the sen 4
of the meeting :,s to the time at which the national hoIWAsY
should commence. There must have been from ten ".0