The Sun.
London, England, 1838-12-31 00:00:00

LONDON, MONDAY _EITI4_4ININ-G- DECEMBE.q 31, 1838.

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ARREST OF THE REV. MR.
STEPHENp3.

EXAMINATION ON FRIDAY AT MANCHESTER
(From the /Wane/tester Guardian of Saturday. )
The course of agitation of this man has been arrested f:
the present by his apprehension on a charge a-ising out ol
the 'proceedings of a meeting held at Leigh, on the 13th el
November.
We understand that the warrant against him was signed by
two Magistrates of this county (T. B. W. Sanderson, Esq., of
Chowbent, and John Kenworthy;' gsq., of Astley), and was
endorsed by James Jowett, Esq., of Ashton, as a Magistrate
of the county ef Chester, Stephens's residence being, we be-
lieve, at Dui:infield, in that county. This warrant was di-
rected especially to Henry Goddard •and J. Shaekcll, two
officers from Bow-street, who have been in this town for
some days. These officers proceeded to Ashton on Thurs-
day morning last, and, accompanied by Mr. Matthew
Owen, deputy constable of that town, waited a favour.
it opportunity for apprehending Se-Theta. This oc-
curred about a quarter before two o'clock fir the after-
noon. The Bush 'public-house in Stamford-street, kept
MtealasereseDuke, has, for some time past, been a fa-
ioerite house of meeting for Radical Committees, and one of
Stephens's places of resort. Stephens was seen to come out
of this house. Mr. Owen, who was on the watch, conveyed
the signal agreed on to the Bow-street officers, who allowed
Stephens to come along the road, past the new church, till he
was opposite to a private house, the door of which was open.
Goddard then stopped up to him, and said, " Mr. Stephens, I
am one of the officers of Bow.street, I have a warrant to ap-
prehend you; just step in here." Stephens wanted to be
allowed to see the warrant on the road; but Goddard said he
would show it him inside, and he took him by the arm into the
hOuse, and then handed to him the vfarrant, which Stephens
read and examined, and merely observed, as he returned it,
" Well, it's a legel instrument." The officers procured a
post-chaise, and brought the reverend agitator off to this town
immediately, They proceeded to the York Hotel, where
Stephens partook of lunch, and then they went in another post-
chaise, accompanied by Mr. Owen, to Worsley, where the ma-
gistrates of the Leigh division are in the habit of transacting
their magisterial business. They left this town about 4 o'clock,
and at five they reached the Grapes Inn, Worsley, where a
fortnightly Petit Sessions -is held by the Magistrates of that
district. Here Goddard left him in thelcustody of Shackell
and Owen, while he proceeded in a post- chaise to Leigh, to
see the magistrates' clerk, and to make arragemente, if neces-
sary, for the examination of the prisoner before the Magistrates.
Meanwhile the unusual proceedings attracted considerable at-
tention in the quiet village of Worsley. Col. Wemyss, the
assistant adjutant -general in the northern district, was in the
house, atterded by an orderly sergeant. Lord F. Egerton,
who is residing at Worsley Hall soon afterwards arrived at the
inn. We understand that, although his Lordship's name is in
the Commission of the peace for this county, he has never
qualified—or, at least, he has not taken the oaths rendered
necessary on the accession of her Majesty the Queen. About
a quarter before seven o'clock some of Stephens's co-agitators
arid other friends arrived, including Mr. J. W. Hodgetts, Mr.
Edward Nightingale, and Mr. R. J. Richardson, of this town
and Salford. We understand that these parties, or some of
them, had an interview with the prisoner in the presence of
Shackell and Owen; and that their object, beyond that of ten-
dering counsel, advice, and assistance to the prisoner, was to
offer bail for him, in case ofa hearing and committal, or remand-
ing by the Magistrates.
About twenty-five minutes before eight o'clock a troop of
the 2d Dragoons, or Queen's Bays, consisting of nearly thirty
men, under the command of a lieutenant, arrived at the inn ;
and, after an interview between that officer and Colonel
Wemyss, their horses were sent to stables in the village, and
a few of the men were stationed in the house.
After all the parties concerned, including a formidable
phalanx of reporters, had waited for several hours, Goddard
returned from Leigh, about a quarter before eleven, accompa-
nied by thelMagistrates' clerk ; and, we believe, they had an
interview with Lord F. Egerton and with Colonel Wemyss.
We understand that the causes of this delay were the follow-
ing :—When Goddard arrived at Leigh, he found that Mr.
Smith; the clerk to the Magistrates, was from home, but was
expected back shortly. He did not return, however, for a
considerable time ; and at length when he did arrive, and ac-
companied Goddard to the residence of Mr. Sanderson, at
Chowbent, it was too late to give, an opportunity for getting
together the witnesses, and proceeding to the examination that
evening, at Worsley. Mr. Sanderson, therefore, directed
that the officers should convey Stephens back to Manchester,
and lodge him in the New Bailey, for examination before the
Magistrates the next day (Friday).
The cavalry were again assembled and mounted ; and Ste-
phens, having beet, placed in a post-chaise, between Goddard
end Shaekell, they set out for Manchester, preceded by their
military escort, leaving Worsley about midnight. On reaching
the New Bailey, about half-past one o'clock, the officers placed
their prisoner in the care of Mr. Charles Walker, the gate-
keeper and turnkey, who locked him up for the night, we be-
lieve, in the barrister's room.
Before twelve o'clock on Friday the entrance to the New
Bailey was surrounded by a great number of persons, drawn
thither by their curiosity to hear and see the proceedings. In
the absence of Mr. Mau le, the stipendiary Magistrate, through
indisposition, J. F. Foster, Esq., chairman of the Salford
as in attendance. There were several other Magis-
trates was
Mayor of
:‘Bleannechh,esatneiro;ng stiaaivohromyvawtkeinnio,tioefedßTol.toPn;tteTr.,
W. Sanderson, Esq., of Chowbent; John Kenworthy,
Esq., of Leigh the last two gentlemen the Magistrates who
granted the warrant for the apprehension of Stephens.) There
-Were also on the bench Thomas Evans, Esq., boroughreeve of
Manchester; Col. Wemyss, assistant adjutant-general of the
northern district ; R. P. Willock, Esq., Postmaster; Thos.
Townend, Esq. ; and Mr. Geo. Wood, one of the constables
of Manchester.
Mr. John Law was employed to attend as attorney for the
prisoner, and a number of Stephens's friends and admirers
were present, including Mr. R. J. Richardson, Secretary to
the Council of the Manchester Political Union, and Secretary
also to the Anti Poor-law AsSociation, and other Radical
bodies ; Mr. William Willis, bookseller, of this town ;
Mr. Elijah Dixon ; Mr. Edward Nightingale, of the
General Abercromby tap-room, Great Ancoat's street; Mr.
Matthew Fletcher, of Bury, usually styled by his co-aei-
tators "Dr. Fletcher;" James Duke, of the Bush, Ash-
ton, &c.
About twenty minutes after one o'clock, Mr. Richard
Oastler entered the court, and was in close communication
with Fletcher, Nightingale, Willis, Duke, of Ashton, and
others. Mr. Oastler looked pale, feeble, and much older
than when we saw him a few months ago.
At twenty-five minutes past two o'clock Mr. Kenworthy
came upon the bench again, and took the chair, stating that
the ease would come on shortly ; and immediately after Mr.
Duck, the barrister, took his seat at the table, appenring, for
the prosecution. Mr. Smith, the Clerk to the Wonky Ma-
gistrates, took his se
aaost, cal
pot
.catkch.ee d d
Aeasftkt
et brheeal oswbhaotrrht ea
pause, Mr.
t w;
ee
Ken-
worthy Inv
...ee
st'penirtaininalotu,ent yeesr(bwSehftooe before
Stephens
s twhe only Magistrate on the bench at this
three
besides Major Watkins) said that the Court would now
adjourn to half-past three o'clock.
Mr. Richard Oastler—Would you pardon me if ask for an
order to see Mr. Stephens in the meantime.
Mr. Law—Will you allow me, Mr: Oastler, for one moment
to take precedence of you ? (Mr. Oastler sat down.) This
morning, not knowing who were the committing Magistrates,
I made an application to Mr. Foster to be allowed to see Mr.
Stephens, and he gave no opinion on the one side or on the
other; but said when the committing Magistrates came be
would consult with them. He applied to Mr. Potter and
Major Watkins, and they referred him again to the committing
Magistrates, and he, therefore, now applied to Mr. Kenworthy.
Mr. Kenworthy acceded to Mr. Law's application. Mr. Oast-
ler repeated his application to Mr. Kenworthy; but the Ma-
gistrate said he had already given free access to the prisoner's
solicitor, and he thought that no other person was competent
to see him. The Court then adjourned.
The hearing of the case took place after the usual busi-
ness of the day, the Magistrate on the bench being John
Kenworthy, Esq., in the chair, and J. B. Smith, Esq.
Amongst other spectators, we noticed, in addition to those
before named, Mr. John Cobbett, the barrister, and Mr..
Samuel Fielden.
Mr. DUCK said he appeared before the Bench to support a
charge against the prisoner at the bar, the nature of which
would probably be best stated from the warrant. It was therein
charged that he did, on the 13th November last, at the market.
place of Leigh, in this county, with a great number of evil-
disposed and disorderly persons, assemble together, in a tumul-
tuous manner, with banners, flags, and ensigns; and that then
and there, by loud shouts, and by the discharge of fire-arms,
they terrified the inhabitants of Leigh; and that he did, by
violent and inflammatory language, endeavour to excite the
persons so assembled to violence against the persons and pro.
perty of certain of her Majesty's liege subjects in Leigh and
the neighbourhood. He (Mr. Duck) had had an opportunity
cf looking over the depositions, which appeared to him fully to
substantiate the charge as alleged, and lie proposed to call two
or three witnesses to show that the prisoner was guilty of the
offence charged, and then it would be his (Mr. Duck's) duty
to apply to the Bench to have the prisoner committed or held
to bail. The Learned Gentleman then called
James Johnson, linen-draper, of Leigh, who, being sworn,
stated that he was present at a meeting held at Leigh, on the
13th of Nov. last. He was at a window in the third story of
the Fox public-house. He should suppose there were from
two to three thousand people at the meeting. They com-
menced assembling about nine o'clock in the morning, and
continued to do so till the arrival of Mr. Stephens, which
was about twelve, when a person was called to the chair.
There was a cart for hustings, and Mr. Stephens spoke from
it for two hours and thirty-five minutes, when witness went
away. Witness was between forty and fifty yards off, and
could hear what be said, except sometimes when he turned
to address the people on the other side. For the first half-
hour, witness thought he never heard a gentleman address an
assembly better than Mr. Stephens did ; but after then he
began talking about the Poor-law, the factories, and

PRICE sd,

I mentioned the names of witness's neighbours, who were
mill-owners or guardians. He mentioned the name of
Mr. Pownall and Mr. Jackson. Mr. Pownall is Chairman
of the Board of Guardians, and Mr. Jackson is another guar.
dian Wltness could say not exactly what he said in
reference to these gentlemen ; but he quoted some part
of Scripture, and said, to destroy a Poor-law guardian
was doing God service ; and this languege witness under-
stood to apply to the gentlemen he had named. Witness
also heard him mention the names of Mr. Topping, the vicar;
and Mr. Jackson, the curate. He said Mr. Topping's wife
had persuaded him not to be a guardian ; Mr. Topping not
bring one of them, but having been, one previously. He also
mentioned the name of Mr. Jones, a cotton spinner, who has
a factory in the neighbourhood, Mr. Jones is not a guardian.
Wh( nhe introduced Mr. Jones's came, he was speaking of
the factori, s, and the deplorable state which the people were
in. He condemned the practices in the factories, and ad-
vised the people to arm themselves: he told them to get
their guns or pikes, and have them over their chimney.
pieces. They were to have them ready, and ,I4e would
come over, and they were to appoint him their leader. When
he came over, he would tell them what they were to do. He
then alluded to a lad in AlbeJones's mill, whom lie said
Mr. Jones had struck cr beaten. When the grand -attack'
was to be made, they were to go to the factories with a dag-
ger in one hand, and a torch in the other. He also talked
about tarring and feathering Mr. Jones, and sending him as
a present to the Commissioners. While he was addressing
the people, pistols were frequently let off, and pikes held up.
Witness saw a pike himself which had a loaf and a herring
stuck on it. The pistols were fired so frequently that Ste-
phens interfered, and said there was too much cracking; he
had hot done cracking himself yet, and they might crack by
and hy. Witness saw about twenty pistols himself, and par-
tits went up and down the street firing them off. This meet-
ing excited a great deal of alarm am( ng the peaceable inha.
bitants. Witness felt alarm then, and felt alarm in the Court
now. Witness did not feel alarmed £0 much during the meet-
ing as subsequently.
Mr. Law here apologiled for having before applied to the
Court, which might now seem to be needless. Mr. Step!' ns's
friends had spoken to him to defend him ; but, on speaking
to Mr. Stephens, he said he wished to conduct his:defence
himself.
The witness was then cross-examined at great length by
Mr. Stephens, and, in answer to questions from him. said the
meeting was convened by placards on the walls. He could
not tell how many days the placards were posted before the
meeting took place, but ho knew it was placarded. He was
not aware that it was forbidden by the Magistrates, but
it certainly was not forbidden by placard. There was a
procession, and the people had banners and flags. There
were two pikes, with banners carried on them. The pro
cession consisted principally of females. The pikes appeared
to he for use, and one of them had a loaf and a red herring at
the top of it. The pikes were ground and sharpened up.
A labouring man, named Fennell, was called to the Chair at
the meeting, who, when he took the Chair, advised the
people to be peaceable and orderly, and then called upon Mr.
Stephens to address them. When Mr. Stephens spoke, he
told them that he had been much misrepresented by the public
Press; tbat they had memento,' him as a beast, and as a
monster with horns.
Stephens—Did I go on to prove that I was not a monster,
and that I was a man of peace?—When you gave over you
were not a man of peace.
I mean for the first half hour?—Yes, for the first halt hour
you did.
Did I say that, by the constitutional laws of England, the
Poor-law was an illegal Act of Parliament?—You quoted
many old laws; but whether they were laws or not I do
not know.
Did I proceed to say it was against the word of God?—
Yes. ( Mr. Stephens then quoted various passages of Scrip-
ture, and asked the witness if he did not mention them ; but
the witness repAed that he could not recollect all.)
Witness could not say that Mr. S ("hens had spoken any-
thing against Mr. Topping ; but he should not construe what
was said as intended to exalt him is the eyes of his parishion-
ers, but otherwise. • • • The pistols continued to be
fired all the time the meeting was held. They were more
quiet when Mr. Stephens requested them to- desist, but still
continued to fire at intervals of about tea minutes, when, per-
haps, a doz-n woeld go off together. Mr. Stephens had not
been at Leigh before or since.
Mr. Edward Kcnworthy said there questions appeared
to be interminable : and if Mr. Stephens wished to throw a
doubt upon the evidence, he had better limit his questions
to that.

Mr. Stephens said that was his objret, but he was quite
unacquainted with the proceedings of a Court, and he
should be obliged by their calling him to order when he
got out of it. From the warrant which had been read,
they would see that he stood in a dangerous situation. He
added, " I wish to be set right when I am wrong ; and be-
}end that I have no favour to ask." The witness had stated
that he was alarmed, and the inhabitants of Lrigh were
alarmed ; and the questions he was putting to him acre _as
to the gloind of that alarm. He then continued his ques-
tions; and, after some others of no importance said, " You
have stated, I told the people, wheu the grant attack came,
they were t•3,go with a dagger in one hand and a torch in the
ether. What grand attack ?—That was left to you as the gene-
ral. Did .1. tell•them what the grand attack was ? A general
rife of the people, I utid6rstood it to be. You did not say a
general rise, but they were to have notice of it ; but you did
not say what it was fur, nor when it was to be. . . . The
millowners, and the guardians, and the 'shopkeepers in the
neighbourhood were afraid, but the pOor were not ; they were
a peaceable people--he meant the paupers. Another class,
between the Riupers and shopkeepers, the labouring class,
were many of them not peaceable, Since this meeting,
public meetings had been held at the White Horse, and a
Committee appointed. Those meetings were-sanctioned by
the Magistrates, who had sworn in about 1,400 special con-
stables about a fortnight or thre, weeks ago. There had been
nu riots in Leigh, but some windows had been broken in the
country near.

Stephens—Will you give that sentence to the Court which
I said about tarring and feathering William Henry Jones?—
You advised them to kill him, and tar him and feather him,
and send him to the Commissioners.
William Coward, constable of Leigh for the last seven or
eight months, stated that, between intervals of his employ-
ment of taking in work, he went now and then to the meet-
ing of the 13th of November. When be first went, Mr.
Stephens was addressing the meeting on the condescension of
our Lord in the world ; and he wandered from that point to
other subjects, quoting the passage of Scripture, " Vengeance
is mine ; I will repay, saith the Lord ;" and he added, " What
I mean to say is this, that God has perhaps raised up you to
fire down these buildings(alluding to the•hous.l round about),
and perhaps even that venerable church which our forefathers
leave erected." He advised the people to give up their scats
in churches and chapels, to take their children from the diffe-
rent places of worship, and to save their pennies to buy guns,
pikes, and pistols. Witness had not time to stay longer then ;
but he went to the night meeting about eight o'clock, and
witness heard Stephens for about half an hour addressing the
meeting. It was a dark night, and the meeting was held by
torch. light ; between 12 and 20 torches were lighted. Stephens
spoke about soldiers and officers, and advised the people not
to be nfreid, for all was right between the soldiers and him ;
the oftLers had frequently received his letters and papers into
the •mess-rooms ; that the soldiers had repeatedly beard
him preach, and loved to hear him, and the people bad nothing
to fear from that quarter. He spoke of the•different labours
and sufferings that people had to go through in factories, and
spoke of women giving suck being confined in those rooms,
and said that he had either seen or heard of them being so faint
that they had to milk themselves and lie on the floor, and he
then alluded to the employers, and fire was mentioned, whe.
ther with respect to mills, or to doing something to the em-
ployers, witness could not tell. He spoke of Mr. Pownall,
one of the Poor-law Guardians, and spoke of his being raised
from a shoe and a trash (an old shoe worn down), and now be-
coming a Poor-law Guardian. He spoke of another guardian,
Mr. Jackson, as being, or professing to he, a Wesleyan Me-
thodist, and said that if Wesley were alive, he would spurn
such beings from his presence. He then mentioned Mr.
Richard Yates, as a local preacher whom the overseers of the
town had made into a Poors'-rate collector for the township of
Bedford. He called him the diabolical Richard Yates, and
said he would die on a dung-hill. He told the meeting that
if he lived at Leigh, he would go to the Poor. law Guardians
by hell a dozen, a dozen, or two dozen at a time in a body, and
he would bring a guardian out. He would not hurt him, but
he would take off his coat, waistcoat, and shirt, and he would
then get a pillow of feathers, and he would feather him, and
get a barrel of ta', and he would tar him right well over, and
when he had done that he would say to him, " Go to roost,
thou devil !" And if he had wings, and were to fly, they would
wonder what kind of a le'rd he was. Witness then left the
meeting, but the people continued firing pistols and burning
torches. There would be two thousand persons at least pre-
sent. Witness saw people letting pistols off by holding torches
to the pans. Witness saw one or two pikes at the meeting,
and he had seen one or two hundred since in the town of Leigh
and its neighbourhood, and in the houses of the people. The
night meeting excited considerable alarm in the town : and
though witness was not often afraid, he must say that he was a
litt'e alarmed, and not he alone, but many of his neighbours, at
so many discharges of fire-arms. The witness said that, having
concluded his evidence as to the meetings, lie must say a word
or two as to himself. It was with feelings of regret that be
stood there, knowing and having seen .Mr. Stephens repeat-
edly, hearing him speak of his father, who was a highly re-
spected Wesleyan minister, and that he himself was brought
up in that connection, and witness belts.. himself an atten-
dant at the places of worship of that 'body, lie felt great
regret at this matter. It was not his intention to do the
least harm to any man in the world. lie loved every man, and
hated no one, but he felt bound to declare that, since Mr._
Stephene had been at Leigh, there was more irritation among
the people then ever he had before known, and he had lived
there many years (thirty-eight, we understood him to say).
Since Mr. Stephens had been there, more arms had been col-
lected together than he had ever before heard of or known.

He knew one or ictO smithies now where they were Actually
employed making pikes, end he had produced one or two to
Sir F. Roe and Mr. .Maude. They were principally of
steel, some of steel and iron, and were fourteen or fifteen
inches long, with a screw at the one end to screw into a
socket, and they were very sharp at the pointed end. This
had been'much more actively going on since Mr. Stephens's
visit to Leigh, and sayers! gentlemen had been threatened
either to have a pike or a ball into them; and he (witness)
thought, when a men bought a leer in a shop, and said
to the seller, clapping has hand on a pike in his breast,
" The next loaf I ,fetch I shall fetch it with this pike,"
that was enough to alarm any one. That had been
said and done since the meeting, as he was credibly in-
formed. One of the benners at the meeting was inscnibed,
" The murders of Peterloo shall never be forgot."
Mr. Kenworthy—Do you know of any pikes being made
before Mr. Stephens attended this meeting ? Witness—Oh
yes : but there hare been many more since. A man I know,
who lives at Castle-hill, about four miles from Leigh, told me
he had seen two skips full on sale. Witness added that he
had never seen any pistols till that meeting. There were dif-
ferent societies in Leigh, the members of which bad drawn
out 11. a piece, for the purpose, as was reported, of purchasing
fire-arms. For instance, he knew that the Druids had drawn
1/. a piece, but he could not say positively that it was for that
purpose. He was connected with a society, the sick-box of
which was worth 1,4001. or 1,500/. ; and there had been two
meetings in that club, as a number of the member' wanted to
draw 2001. out of the Savings' Bank, as one man said, " to
purcha'c umbrellas;" but there was a great majority against
it, and witness opposed it. He had reason to suppose that
they wanted it to purchase arms.
Cross-examined by Mr. Stephens—Witness had heard the
evieence of the last witness, Mr. Johnson, and could correbo-
rate parts of it. After stating that one part of the argument,
drawn from Scripture, was reverently and properly conducted
by Mr. Stephens, witness represented his evidence as to God
firing the hearts of the people of Leigh to fire down buildings,
&en; hue witness said he heard no conditions stated in refer-
ence to this part of the speech. He took no notes in writing,
either at or since the meeting, of what Mr. Stephens had said,
but it was very hard impressed upon his mind. Wittiess heard
Mr. Stephens ridiculing a minister named Squarebridge,
whom he called an infidel, and saying, in reference to him and
the Wesleyan Conference, " Will you turn me out again,
Squarebridge?" Mr. Stephens said something about Mr.
Squarebridge having said that poverty and charity were insepa-
rable ; but witness had since in conversation told Mr. Ste-
phens that he bad been wrongly informed on that point. Wit-
ness thought that Mr. Stephens did say that if Mr. Squarebridge
held that doctrine he either did not understand the Gospel he pro-
fessed to be a minister of, or he was a practical infidel as regarded
that doctrine. Witness was examined probably a week or a fort-
night after the meeting. He was sent for by the Magistrates,
and told them what he had heard to the best of his knowledge.
He would not say that he had felt no apprehension all the inter-
val after the meeting, for they had threatened to give him
(witness) about four inches of a pike. This was since his
examination. Mr. Stephens did not, either at the day or
night meeting, say any thing about fire and factories, or firing
factories, or burning factories, that he (witness) heard.°
%Venus had seen a hundred pikes at least since the meeting ;
he thought there was one in nearly every house in the town-
ship of Bedford, and a good many in Leigh ; and the grinders
might be seen grinding eight or ten or teenty pikes in open
day. He had seen a hundred or two, some in the open air,
ethers hanging up over chimney pieces in houses, just as
Mr. Stephens had advised them to do, all ground, sharp-
ened, and ready for action. Tho fact of the two smithies
engaged in manufacturing pikes was known generally
to the inhabitants ; but be did not know whether the
Magistrates knew it. He had not mentioned it either to
them or to Sir F. Roe. Witness did not say anything to
Sir Frederick at all, but the Magistrates sent for him, and
he told them what he knew, and Sir Frederick was present.
Witness saw these smithies every day nearly. When the
man showed the pike at the baker's shop it was not tendered
in payment for the loaf; he bad been getting it ground.
Witness did not see him, but was credibly informed so. Wit-
ness had not heard of pistols or guns being bought or sold in
Leigh, either before or since the meeting. There was no riot
at the meeting, and there had been none in Leigh since, nor
any breach of the peace of this character. Alarm was felt,
however, or they would not have sworn in 800 or 400 special
constables. The respectable inhabitants were not purchasing
fire-arms ; but the special constables were to be armed with
truncheons. Except the Peterloo !netting, and this meeting
at Leigh of Mr. Stephens, witness had never been at any
Radical or levelling meeting. Witness heard Mr. Stephens
tell the people that he was neither Radical, Whig, nor Tory.
Witness did not recollect hearing Mr. Stephens say that, to
the best of his belief, if the Radicals were in power his
( &ephens's) head would be the first head brought to the block.
This clteed the evidence for the prosecution, aLout a quarter
before seven o'clock.
Mr. Duck said he believed that this was the whole of the
evidence he was then in a condition to offer to the Bench ; and
it became his duty now to submit to the Court, that there was
;abundant ground, on the evidence already before it, to justify
them in co.nmitting the prisoner for trial for the offence
with which he was charged in the warrant.
Mr. Kenworthy—l think so, too ; it is quite within the
terms of the warrant, and we are determined to commit him to
Kirkdale.

Mr. Johnson was recalled by the prisoner, who asked him
on what grounds he was was alarmed at the present moment ?
The witness said he was apprehensive of being levell, d at by
the party of whom Stephens was the head and leader; for
although he was not ashamed of coming here to tell the truth,
he was alarmed when he saw so many sh-.)rtliand writers,
as his name would be conspicuously before the public, and
he was aft aid both of personal violence and injury to his pro-
perty. The reports in the Newspapers would get him picked
out by the prisoner's followers. He had already been
threatened that he should be the first to be fired at when Mr.
Stephens came again with his belt, buckler, and so on. Till he
was desired to attend tile Magistrates, he had no idea of giving
any ioforrnation ; though he considered there was danger
enougb, he did not consider that he was bound to give evi-
dence. He thought the people had not enough protection
at Leigh, and that they ought to have a few soldiers about
them. He bad told, perhaps, five of his neighbours that he
had beer, examined, and probably twenty of them knew of
it ; he neither wished it to be concealed, nor to be made too
generally public.
A Clerk then read over the depositions of the two wit-
nesses, which, strange to say, did not contain any of the evi-
dence given by the witnesses on cross-examination. It is
right to add, that they were taken by a clerk of Mr. Smith,
the Magistrates clerk at Leigh and tVorsley.
Mr. Stephens said he wished to know whether the docu-
meats just read had been written down from the statements
made in Court by the witnesses, or from their statements
previously. They did not . strike him as containing the' evi-
dence given in Court.

The-Clerk said the evidence ha i been taken down from the
witnesses' eVidence as given in Court, though not so fully,
perhaps, as Mr. Stephens might expect—only what was
deemed revelant being taken down.
Mr. Stephens—l perceive many parts left out. For in-
stance, one witness is there stated to have said, " Fire was
mentioned, but I don't know how;" but in his evidence on
cross-examination, and which the Court has not considered
relevant, that witness again and again stated and reiterated
that neither at the morning nor the night meeting was there
anything said about fire and factories, or firing factories, or
burning factories ; and that fire, to the best of his knowledge,
was not mentioned at all.

The Clerk—That certainly came out in cross-examination.
Mr. Stephens—Then it is not the practice of this Court to
insert in the depositions any thing that comes out in cross-
examination. Then I have nothing forth& to say to the
Court on that subject than to have it distinctly stated and sa-
tisfactorily understood, that all those circumstances elicited- in
my favour, proving that witness to be a perjured witness, were
not inserted, Leing considered as not relevant to the case.
And with that protest I close my cross-examination.
Mr. J. B. Smith—You arc entitled to have your cross-
examination taken down as evidence, certainly.
Mr. Stephens—No, sir; lam perfectly satisfied. I have
not another word to say after what I have just beard, and the
Court will now proceed to take its own course.
Mr. J. B. Smith—lt is certainly the practice of this Court
to take all the material evidence, whether on examination in
chief or cross-examination.

After a pause, during which law-books were referred to,
Mr. Duck said that if the Bunch felt a difficulty as to the evi-
dence of the last witness on cross-examination not being taken
down, he nould submit whether there was not abundant evi-
dence to justify them in committing the prisoner on the state-
ments of the first witness (Johnson) alone, to which evidence
the objection did not apply. He thought there was, in the
evidence of Johnson, putting that of Coward entirely out of
the question, sufficient to show that this was an unlawful and
tumultuous assemblage, and that Mr. Stephens was using in-
flammatory language that was calculated and likely to lead
to a breach of the peace. This would, in fact, sustain the
charge on the face of the warrant.
Mr. J. B. Smith—lf you have better or more evidence, had
you not better give it?
Mr. Duck said the objection would be as strong on Monday
or Tuesday as at present. He would further submit, that
supposing there to have been an irregularity, about which he
offered no opinion, that v. ould not in itself be a sufficient
ground to compel the Magistrates to abstain from committal.
It might be the subject of remark or reflection in another place,
but it ought not to deter the Magistrates from committing upon
the evidence, as they had heard it ; foe the whole of it had
been before them. _ . .

Mr. J. might be sufficient to warrant us in
remanding to another day, to do away with the irregularity.
Mr. Kenworthy's clerk is not conversant with the practice of
this Court as to taking depositions.

- -
Mr. Duck—If the Magistrates don't think themselves justi.
fled in committing upon the evidence as taken down, I must
then to have the prisoner remanded to another day, say
o Tu
Mr. J. 13. Smith—l think that would be a satisfactory course.
Mr. Stephens—My protest, Sir, applies equally to both
taePsdPa next. apply
witnesses. I contend that both those witnesses have contra-
dicted themselves, and that each of them has contradicted the
other ; but not a word of the cross-examination having found
its way into your papers, my case is closed. I came here into
the sanctuary of British justice, and I did not consider it ne-
cessary to take down a single word of the cross-examination,
and I took down but a very few words of that in chief, believ-
ing myself safe in your hands. But after your decision my
case is closed.
Mr. J. 13. Smith—Do you wish to say anything why you
should not ba remanded?

Mr. Law navii,g stated that though the prisoner bad chosen
to conduct his own ca c, he bad also told him that be should
be glad to consult him on any point of law. He (Mr. Law),