The Sun.
London, England, 1839-08-14 00:00:00

THE BIRMINGHAM RIOTERS

(FROM OUR OWN CORRESPONDENT.)
BIRMINGHAM, TUESDAY EVENING.—IL) nay last corn-
municAtion from this place, f iliforrned ycu that strong
grounds existed for believing two, at least, cut of the three
men now ►ying under sentence of death at Warwick, had
no participation whatever •in the riots and incendiarism
which disgraced our town on the night of the 15th of July.
At that time a memorial, signed by about on© hundred of
the respectable inhabitants, had been forwarded to London,
praying for a commutation of the dreadful sentence passed
on the unfortunate men.

But to return to the case of Howell, Roberts, and Jones.
There exists strong evidence to show that they had no par-
ticipation whatever in the occurrences in which they are
said io have taken a violent and leading part ; and if the
proofs of their innocence, collected within the last few
days (when laid before the Secrete y of Sate as it will
shortly be), do not tend to clear them altogether from the
charge against them, it will at least afford indisputable
grounds for further inquiry. Roberts stated upon his
trial, when called upon for his defence, " that he had
witnesses to produce who could prove his innocence,
but that he had not the means of bringing them
from Birmiogham to Warwick." Howell was also
without w itneases :9 speak in his behalf, arising, I regret
to say, from the same I.;:,,verty, but he also strongly pro-
tested his innocence. Poverty will be found I believe to
have been their crime, combined w!h the monstrous and
defective state of the law, which, while it affords every
facility for prosecution, denies to the accused the same
means of disproving the charges brought against him. It
will be in the recollection of those who have read the Re-
port of the trial, which appeared in your paper of the sth
of August, that the case against Howell seemed to have
been proven beyond the slightest question of doubt, seven
witnesses having given testimony against him, and all
agreeing in material points as to the identity of the pri-
soner (who had only one leg) with the leader of the mob
who attacked the public office, and encouraged the people
in firing Mr. Bourne's and other premises. The indivi-
dual in question was particularly noticed by ail the wit-
nesses, from the circumstance of his having only one leg,
only one out of the seven swearing to his features.
the remaining six satisfying themselves that as the prisoner
had but one leg, he must have been of necessity the party
who took a leading part in the disgraceful transactions
of which they had been witness. In the excitement and
confusion which prevailed this is not a matter of surprise,
the more especially as the prisoner was found the next
morning, it is said, in a state of intoxication, with a dan-
gerous weapon in his possession, Further inquiries, how-
ever, have convinced persons in the town who have taken
an active interest in the fate of the unfortunate man, that
be was mistaken for another individual with one leg, the
real ringleader of the mob. Of the truth of thiS I have not,
from the conclusive testimony which has come under my
observation, the slightest shadow of doubt. The witnesses
swore to having seen Howell leading on the mob fiom the
Bull-ring towards Moore. strect,and to having taken a leading
part in the violent transactions from 8 till 20 minutes Fist
eight o'clock ; but it can be proved beyond the possibility
of a doubt, and by the evidence of six witnesses, that not
only was Howell at this time at his lodgings in Thomas-
street, more than a quarter-mile from the scene of riot,
but that the lame man who led on the mob WAS NOT THE
PRISONER. The question will at once occur to the mind
of (very individual who reads this extraordinary statement,
why were not these witnesses brought forward in the pri-
soner's behalf on his trial before Mr. Justice Littledale ?
I have made the inquiry myself of the friends of the pri-
soner, and the answer is, " We had not the means."
Indeed one witness distinctly says in his deposition, " If a
shilling would have brought me to Warwick, I had it not."
Others of his friends replied, " We thought he would not
have been. brought in guilty, as he was at home at the time
of the riots, and if things came to the worst we imagined
he would have got only one or two months."
It would be useless to enter into further speculations as
to the manner in which the prisoner became confounded
with the real offender, or the extraordinary supineness of
his friends in not earlier coming forward to rescue him
from the dangerous position in which their neglect placed
him. The whole matter must, and I have no doubt will,
undergo a thorough and searching investigation, the re-
sult of which, if lam not greatly deceived, will be the
complete vindication of the innocence of the condemned
man. In the case of Roberts, no less than ten witnesses
will be produced who positively swear to having seen and
spoken with him in a different pert of the town dui ing the
riots, in which he is charged with having taken part. It
will be recollected that the prisoner lies under sentence Of
execution on the evidence of one man, who swore that he
saw him throwing a brickbat or stone at Mr Bourne's
windows. With respect to the other prisoner, Jones, lam
not so well apprised of the nature of the evidence collected
since his trial, or whether it is equally well calculated to
disprove the charge brought against him, but I may remark
that no proof whatever exists of his having committed a
single act of violence. He is said to have been amongst the
mob, but here the evidence rests ; and yet, as if human
victims must be sacrificed to appease the outcry raised
against the real perpetrators of the outrages, he too has
been condemned to suffer. I have little further to add
than that as circumstances transpire to increase the doubt
and uncertainty of the prisoner's guilt, a deep and painful
degree of interest prevails. Pending the investigation
which must take place meetings will be held in the various
ward divisions of the Borough, praying that the dreadful
sentence of the law may be remitted in the case of the un-
fortunate men.

A meeting of the Town Council took place this morn-
ing, at which several of the members expressed themselves
in strong terms against the presence of the London police,
and the threatened appointment of a similar local force far
Birmingham. On the former subject a memorial had been
forwarded to the Home-office, to which the following is
the laconic reply :
. .

'►Whitehall, Aug. 9.

" Sir,--I am directed by Lord John Russell to acknow-
ledge the receipt of your letter of the Bth inst., transmit-
ting a memorial (addressed To the Lord Commissioners
of her Majesty's Treasury') from the Town Council of the
borough of Birmingham, on the subject of the Metropolitan
Police now at Birmingham, and to acquaint ycu that Lord
John Russell is of opinion that the adoption of the resolu
lion by the Town Council is highly imprudent.
" I am, Sir, your obedient servant,
" S. M. PHILLIPS.

" To the Mayor of Birmingham."
The reading of this letter was received with loud cries of
" Oh, oh," one Alderman exclaiming, " it was straight-
forward enough, and could not be mistaken ;" and one of
the Councillors gave notice of a resolution of a similar
tendency for consideration at the next meeting cf the
Town Council. At the conclusion of the discussion on
this subject, the Finance Committee reported that the
Corporation was altogether without funds.

A. petition to the House of Lords against the Birming
ham Police Bill was agreed to with only two dissentien
voices.

The case of the prisoners at Warwick was then intro
dated, and a memorial to the Secretary of State for the
Home Department, praying that he would advise her
Majesty not to carry into effect the extreme penalty of the
law, was carried unanimously.

THE NATIONAL HOLIDAY AT

MANCHESTER.

MANCHESTER, MONDAY NIGHT.
A plan having been laid to visit the mills in the respec-
tive districts, and stop them for the purpose of compelling
the operatives to observe the holiday, on Monday parties
proceeded on the mission allotted to them, and before the
police could interfere succeeded in their object at nearly
twenty places. One of these parties, upwards of 7,000
strong, took the mills in Oldham-road and Sulcoats, and
marched in procession, headed by a band of music. A mar,
named John Holmes, afterwards taken into custody by the
police, walked at the head of this procession with a ban-
ner, on which was the cap of liberty, with these inscrip
tions—on the obverse, " The earth, the right of man ;"
on the reverse, " He that will not work, neither shall he
eat." This party had turned the hands out of six mills be-
fore they were interfered with by the police. They were
ultimately attacked by a body of about 60 policemen, sup-
ported by two troops of Dragoon Guards, and a party of
the 86tit Infantry, about seven o'clock, and dispersed,
Holmes and three others who attempted 'resistance being
taken into custody.

Another party went to Holt-town, visiting several mills
in their progress, Mr. Chappe's among others, but dis-
persed on the appearance of the police.
A third and very strong party visited the mills in the up-
per part of the Ancoats-lane and Pollard-street, and,
withstanding the presence of a strong body of military in
in the neighbourhood, as late as It o'clock in the day ma-
nifested such a determination to force the hands in Mr.
Gray's mill to i elinquish work, that it was feared a riot
would take place. These fears were at length allayed by
the engines being stopped and the mill closed, but not till
the Magistrates had been sent for, with a view to reading
the Riot Act. A strong body of police soon afterwards
arrived to the assistance of those in the neighbourhood, and
this-party were dispersed. James Smith, the police officer,
who was stabbed in the knee by a dagger, is the only per-
son who has received any material injury in these affairs.
Several of the mills stopped this morning have resumed
work, and the object of the movement so far appears to
have been frustrated—at least in Manchester.

A similar attempt was made in Stockport this morning,
but several of the ringleaders being arrested at the onset,
the parties became dispirited, and quietly dispersed.
The following are the particulars of the examination of
the prisoners, so far as they have yet been taken, in the
Borough Court. Two of them, it will be seen, have been
committed for trial at the Liverpool Assizes.
The Magistrates present were Messrs. Thomas Potter,
Mayor, D Price, D. Maude, and Absalom Watkin.
W. Barker and F. Davidson were the prisoners first
brought up.
Mr. Beswick, head.consiable of police, said—This
morning, a little before six o'clock, information was
brought to the police-office of processions of persons going
about from one factory to another, and turning the hands
out to prevent them working. In consequence of this in-
formation I went with a strong body of police to Mr.
Marsden's mill, in Gaythorn, where a large body of people
had assembled. I rode a little in advance of the police,
and seeing these two prisoners at the door demanding to
have it opened, and saying that unless it was opened and
the hands turned out, they would break it down, I got off
my horse and seized hold of both of them to give them in
custody to Superintendent *Mullin. The prisoner Bar-
ker then drew the dagger produced, and attempted to stab
*Mullin, but was prevented by Inspector Pierce and
policeman Booth ; but before he could be disarmed he
stabbed policeman James Smith in the knee.
M.Mullin, Pierce, and Booth corroborated this statement.
Ann Green said—l am lodgekeeper at Mr. Chappe's
mill, Gaythorn. Chappe's mill 13 opposite to Masa
and only a short distance from Marsden's. Aboutt'}siX
o'clock this morning a great number of persons came to
the lodge-door and demanded admittance. The,/ said they
wanted the engine to stop, and being afraid to deny them,
I let them into the yard, and they stayed there about four
minutes. While they were there the engine stopped, and
the hands began to leave the mill.
Joseph Holmes said—l am engineer of Mr. Chappe's

TIIE PA RA CII UT E.--Up to last evening no
tidings bad bet fl heard of Mr. Hampton's balloon, .which
is suppowl to have gone in the direeti,:n of SiIiSCX. It
has several of Mr. ElAropton's cards sewn, on it, tso that ro
d:fiieulty will exist in a,e.,rtaininv to whom it belongs. A
ie.Aard of 5/. has been offered for its recovery.