The Sun.
London, England, 1838-01-13 00:00:00

EXCULPATORY EVIDENCE.

[We are indebted for the following to the Glasgow Courier.
It is extraordinary that no Edinburgh Papers of Thursday
have been received in London this day.—ED. Sue.]
William M'Graw—ls a cotton-spinner. Has been a mem-
ber of the Association four or five years. Was admitted in
Black Boy Tavern. There was no oath whatsoever admi-
nistered to him. Is quite sure of that. There was no obliga-
tion whatsoever taken to preserve secrecy. Never heard of
any obligation or oath taken to do acts of violence to persons
or property. The general object of the Association was to
make a just and lawful strike, and to maintain their just and
lawful rights when the masters reduced the wages. Remem-
bers the strike in April last. Was working in Mr. Hussey's.
Was a delegate from that mill. John Adams was the dele-
gate before witness. Adams retired to go to Ireland to see
his friends, and that was the only reason of witness's beine.
chosen. The duty of the delegates is to take the sense of
the men in the mill to a meeting of delegates, and to vote
there, or carry their resolutions to the general body of the
Association. Witness was appointed delegate from Hussey's
about a fortnight or three weeks after the strike. Was
a delegate during the whole of June last. Attended ' the
meetings of the delegates regularly during that month. Was
not absent from any. Remembers the public meeting in the
Green, at which Dr. Taylor made an address. It was nearly
about the middle of June. Knows of no other general meet-
ing about that time. NWas at the general meeting. It broke
up about eight in the evening. Went as a delegate afterwards
to the Black Boy. Left the large meeting before it broke up
to attend the delegate meeting, which was at eight. The meet-
ing was in the kitchen. The chair had not been taken when
witness went to the Black Boy. Adam Dickson was in the chair
at the delegates' meeting. Knows the prisoner Halket, Hun-
ter, M'Neil, and Gibb. None of them were at the meeting.
Was there when the meeting broke up, about half-past nine.
The business of the meeting was to see and make arrangement
between the masters and the men, and to try and raise sup-
plies. There were none of the Finance Committee at the
meeting, who ought to have been there to receive instructions
from the delegates. Knows James Mouat, cotton spinner. Did
not see him at the meeting. Does not know John Davis.
Knows William M'Gowan. Does not recollect seeing him
there. There was no proposal made by any body at the meet-
ing to elect a Secret or Select Committee ; no such thing
tropo.ied, nor any Committee, or number of persons under any
name, the purpose of which was to superintend acts of vio-
lence. Never heard of any such thing. Swears this without
reservation or equivocation of any kind—so help him God.
Never at any time of the meetings of delegates or others he
was at did he ever hear of any proposal of the nature descri-
bed. Never heard of any such thing existing. Has heard
of a Guard Committee. Its purpose was to see if any of their
hands were going into work, and imposing upon us, by re
ceiving aliment from them ; and we see how the strike was
likely to go on. They were to do nothing with the new
hands, but to offer them the same aliment which the strikers
were getting, and nothing more. If they could persuade
them by fair means, that was allowed. Giving them a glass
or so of whisky was considered within the bounds of fair
means, provided it was agreeable to them to take it ; if not,
they could please themselves. Witness has acted as a guard
during the strike at Mr. Oswald's, Mr. Thomson's, and Mr.
Wood's mills, also at Oakbank.—Went there to see if there
were any new hands going in, or if any of the Associhtion
were going wfsh them.
This witness was subjected to a searching cross-examination,
in the course of which he said—Thinks a nob was in perfect
safety to go to any shop he liked to work. Thinks a nob was
safe to walk the streets of Glasgow by night or day at that
time. Never heard of a Persecuting Committee. Never
heard of a man getting a sum for unshopping a nob. Never
heard of any secrets ; and being constantly there, witness
must have known as much as any one else could know. There
might be some minutes concealed from the rest of the trade.;
but witness never heard tell of any. He never knew of any
secret!. There was a time when the finances of the Asso-
ciation were very large, and it was agreed they should pay
51. on entering, and they paid the same if any of their men
went to the West. 101. was at one time proposed, but the
west country men would not agree to that. Never heard
of any money being paid to No. 60 for unshopping a man.
The illegal men were to pay bs. for a fortnight, along
with their regular sums. The 51. must be paid up before he
could get funeral money. Never beard that if any of the il-
legal men should prove refractory, No. 60 would get 5L for
unshopping them. Never heard of a man getting money for
every man he unshopped. Never heard of No. 60 attempting
to prove by reference what they were entitled to. Saw the
schedules that were sent round the shops of the expenses of
the Association; has seen very often considerable sums of
money put down as expenses for No. 60; has seen 241. so put
down ; it was for aliment. There were no particulars sent
round. The particulars were kept by the Committee. Has
seen the Committee book lying on the table. Never summed
up the accounts. Never saw considerable sums put down as
expenses with nobs. Never saw " nob" mentioned in the
schedule ever since he saw one. No money was paid on that
score to witness's knowledge. Has seen sums in the schedule,
expenses with guards—that was for refreshment. That was
all the expenses he heard of connected with the guards.
Archibald Mackay—ls a cotton-spinner, and has been a
member of the Association since 1823. Was admitted at
Blantyre in connection with Glasgow. Came to Glasgow in
1825, and has been there ever since. First wrought in Mr.
Graham's mill, then in Mr. M'Lean's, and has been in Barrow-
field Mill for the last six- years. Took no oath on entering
into the Society, nor came under obligation of secrecy. Came
under no obligation, direct or indirect, to do or encourage
any act of violence. Is sure of that.
Lord AIONCRIEFF said there was no witness had said so.

Did not understand that the parties were bound to any act
of violence. Took no oath or obligation binding him to con-
cur with the majority in things unlawful. Every member of
the Association was entitled to do what he pleased. The
Purposes of the Association were to see and upfiold, by every
legal and fair means, the prices which we possessed. During
strikes, aliment was given to the men who were unemployed.
No aliment was given when there was no strike. Knows
what No. 60 meant. It was a name attached to those idle
men who received aliment when there was no strike, which
was the case some years back, but is now done away. It has
been done away for three years. The term No. 60 is not used
rw, nor has it been used for three years past, to witness's
delegate in the latter end of May last, during the strike, from
arrowfieldll and continued till the end of the strike, with
thethe ex • •
exception of being three meetings absent. Remembers
e great meeting Dr. Taylor had in the Green. There was
lvtneetifig of delegates that night in the committee-rooms.
as at that meeting Arrived about eight o'clock, and re-
mained about an hour and half, when the meeting broke up. A
'lan named Adam Dickson was in the chair. Is perfectly sure
of that. Dickson was not a regular delegate. Persons not
_elegates were occasionally present at a delegates' meeting,
01.3 d. as long as the room would contain them they made no.
50Jdections. The delegates brought no written appointment,
they just called over the number of the shops. When
/'te was taken, they called each shop by its number,
hen the delegates voted ; and ho who was not a delegate
rat
still. The object of the meeting was to see how the
lien were standing out—what the different shops were say-
-I,F.---and whether the men would give them any offers.
11/3":e°
.as nothing about finance that night. There were
ei the Finance Committee there that night—most
el;,`'enl were from home. Does not think there was anything
about supply that evening. They generally spoke at their
io°
about what money they would get. Knows James
at to ,t,ook at. Has heard him several times make a
byt'ech at mee,:ngs of the Association: Does not remem-
b• Whether he -sac; him that night at Smith's or not
notner
hear him speak that night. Knows a cotton-spin-
thati"im'd John Davies. Did not hear him make a speech
night, and does not think he saw him there. Knows a
tu°,ton-spinner named William M'Gowan. Did not hear him
there a speech that night, and does not think he saw him
that e' On his grave oath, there was no proposal made during
th`'ve, fling to name a Secret Select Committee, or anything
of ,;° 41nd; nor any proposal made connected with any act
te,4°lenee past or to come. Never heard such a proposal
e any other meeting, either of the delegates or of the As-

seciation. Never heard of the existence of a Secret Committee
under any name or form of expression, and never understomd
that deeds of violence were to be encouraged or rewarded.
States this without reservation of any kind, in the plain
words in which they are spoken. Was at a meeting of the
Association in the Universalists' Chapel, at which Mr. Gem
mell, the writer, attended. Witness came in when Mr.
Gemmell was speaking. He was cautioning the Associatice,
against using any violence towards those men that were ern•
ployed by the masters. There had been some people collected
at the mills, and spinners, among the rest, coming to and fro,
loc kug at them. Is aware that people had been tried for
violence and committed, that were connected with the mill and
factory. Does not remember the man's name. The meeting
took a note to abstain from all violence, and if any of 'our
members used violence towards those people, they would have
nothing to do with them. The prisoner, James Gibb, was in
the chair at this meeting, who enforced the same object that
Mr. Gemmell bad pi essed upon the meeting. The resolutions
were passed unanimously, and directed to be printed in the
newspapers. Between 400 aild 500 were present at the meet-
ing. The hall holds about 460, but it was crowded. Bell-g
shown a newspaper, he deposed that it was the New Liberator
of May 24. [Here Mr. Neaves read the resolutions as they
appeared in the newspaper.] That is a true account of the
resolutions of the meeting. The resolutions were also published
in the Glasgow Herald and other newspapers.
Cross-examined by the LORD ADVOCATE—The Association
did not conceive they bad any power to interfere with other
spinners, not members of the Association. There have been
partial strikes since witness came to Glasgow ; there were
strikes in Mr. Graham's mill while witness was there. No
new hands were taken in during the strike ; it only lasted two
weeks. During the last strike, has heard that violence was
used towards the workmen, and the blame was put on the
cotton spinners. Did not believe the cotton-spinners com-
mitted the violence. Does not believe that such a thing ever
happened in Glasgow. Believes that vitriol was thrown at
workmen ; but does not believe it was thrown by cotton-
spinners for working contrary to the Association. Does
not know who threw the vitriol. Has no conjecture in
his mind as to who threw the vitriol, or what was the
motive for doing so. It certainly appeared to witness an
extraordinary thing ; he reflected upon it, but could form no
idea about it. Thought it was a very bad thing. A person
could not gain anything by doing it. Does not remember
of any cotton-spinner being punished for throwing vitriol.
Does not remember of four or five men having been tried
before the Lord Justice Clerk at Glasgow, convicted, and
transported for fourteen years for throwing vitriol. Does not
remember ever hearing any person talking about it. No per-
son ever spoke to him of vitriol being thrown. Has heard
people talking about vitriol being thrown. They did not
speak to witness aho,ut it. They were talking to one another,
and witness overheard them. [Here the Lord Justice Clerk
reminded the witness there was such a thing as prevarication.]
Does not remember the time when he heard people speak of
vitriol being thrown. Thinks he heard of it after he came to
Glasgow. Does not recollect how long after. Could not say
if it was a year or five years, or any number of years. Could
not answer if he heard it spoken of more than once. Could
not say if he heard it spoken of in Glasgow more than ten
times. Could not say for fifty times. Could not say for a
hundred times.

By Lord MoscatErr —Heard of a man who was hanged
in Glasgow within a few years. He was a waiter in ono
of the inns.

Mr. Robertson here stated that the trial of the cotton-spin-
ners took place in 1823, and the witness did not come to Glas-
gow till 1825.

Cross-examination continued—Has heard of a cotton-spin-
ner being punished for shooting at another. His name was
Kean, but does not remember the name of the man he shot
at, as witness was not in Glasgow at the time. Thinks his
name was Graham. Could not say if he was a nob ; he just
happened to hear the report. It was said a cotton spinner
was punished for it. Never heard of a man named Cummings
being obliged to leave the country for shooting at a nob. Never
heard of James Steel being fugitated for shooting at a nob.
Has heard of Walker being tried at Glasgow in 1827. It was
for molestation. Could not say if it was for shooting with a
pistol, nor if the man shot at was a nob. Witness paid atten-
tion to nothing of the kind. It was certainly a bad action.
Does not remember in what factory it occu.ired. Believes still
what he swore, that no acts of violence were committed against
nobs, with the exception of that just spoken of, since he
came to Glasgow before the last strike. The case he last al-
luded to, was the case of Walker. Believes there were some
acts of violence, but does not know or remember much about
them. Knows all the Committees of the Association during
the last strike. There was the Finance and the Guard Com-
mittees. Knew of no other. The Guard Committee was
appointed to go round the mills, and see if any of the old
hands who had come out had gone in again. This was done
by the guards, who reported to the trade. Witness was never
on the guard, nor was he a member of the Guard or Fi-
nance Committee. Never was a member of any Committee
of the Glasgow trade. During the strike, he sometimes sat
in the house, and read for half a day ; at other times he
took a walk, and looked about him. Before the night of the
meeting, had heard of disturbances at the Mile-end fac-
tory—people cheering and hissing the nobs as they went home
from their work. Never heard that the spinners did anything
more than cheer and hiss at this last strike. Yes, he heard
of some nob spinners having been abused about Oakbank.
Heard that they were struck on going through Cowcaddens.
Heard also of a man being shot. That was Smith. At the
meeting on the night Dr. Taylor spoke, they heard what each
had to say about giving up the strike, or it the masters had
sent for them. Witness spoke himself at the meeting. Could
not name any person besides himself who spoke ; but he
knows others did speak. Knows the Chairman and several
persons of the meeting ; and there was one Thomas M'Mullan
told the state of his shop, but witness paid no attention to
the names. There was no serious business, but what he
had stated. Could not say if No. 60 has been used in
the schedule within the last three years; but he sel-
dom looked at the schedules. There is no new regulation
about No. 60 that he knew of. He, the delegate, does not
remember much or any talking about schedules—the only thing
they wanted was money The clerk wrote out the schedules,
and the Finance Committee saw that properly done. There
were three men at the head of the Asseciation as the Finance
Committee. There was John Bunyan and Peter Hackett ;
does not remember the third. The Association had no Pre-
sident—when they met they chose a Chairman. Does not re-
member that one man was considered more tite head or the
other. One of the three he alluded to acted as Treasurer—it
was either Bunyan or Hackett. During the strike, believes
Richard M'Neill acted as Secretary. Does not remember if any
one acted as Assistant Secretary. They had a man who was
generally in the chair at our public meetings. Jas. Gibb was
usually in the char. Hunter was one of the twelve added to the
Committee to keep them in life. He was added a week or two
after the strike took place. Never heard of him being more.
Never hoard of him being President, or head of the Associa-
tion. Has seen him Chairman of the delegate meetings, but
❑ever since the strike. Has never seen or heard of him being
Chairman since the strike on any occasion.
The Court adjourned at nine o'cic;ck till the same hour on
Monday morning.

The examination of witnesses in exculpation was resumed
on Monday, and concluded on the following day at two,
when the Lord Advocate addressed the Jury, and finished
at eight. His Lordship was followed by Mr. M'Neill,
on behalf of the panels, in an address which terminated at
eleven, when the Court adjourned till \Vedoesday. Mr. Robert-
son, for M'Lean, commenced his address to the Jury at 10,
and finished at 12 o'clock, at which hour the Lord Justice
Clerk commenced summing up the evidence for the Crown.
At 11 o'clock the Court adjourned. His Lordship commenced
this morning at half-past 10 to recapitulate the evidence in ex-
culpation.

The Court was crowded to excess during the whole period,
and the anxiety as to the result appeared to increase as the
circumstances connected with the case were gradually deve-
loped in e►idence. A great number of individuals were pre-
sent from Glasgow aad the West of Scotland. The trial
has already occupied the attention of the Court nearly eight
whole days.
°Tom OUR OWN CORRESPONDENT.

EDINBURGH, THURSDAY, HALF-PAST THREE ()CLOCK,
The Justice is still charging, and will not, it is said, close
before five o'clock.

The Belgian journals contain a letter from the
Archbishop and Bishops of that kingdom to their Cures and
Vicars, not only forbidding them to become members of any
Masonic associations, but also directing them to refuse absolu-
tion to all such as may have belonged to them, and persist in
renouncing all connection with the fraternity. Upon this the
Courrier Francais observes :—" In order to judge rightly of
the resentment which this act of intolerance must excite, it
should be known that Masonry is carried to as great, if not a
greater, extent in Belgium than in any other country, in pro-
portion to its population, and that the institution is entirely
confined to objects of benevolence and charity."

Last Sunday afternoon Lady Georgiana Fane had
been driving for some time at the Western part of Brighton a
pair of spirited ponies, attended by a groom on horseback, and
whilst proceeding down Brunswick-square the ponies took
fright, and became totally unmanageable. They galloped at
the top of their speed, and, in their career, smashed a portion
of the iron railings and gate at the corner of the terrace.
The concussion did not check the progress of the ponies, for
they rattled over the pavement of the terrace till they arrived
opposite No. 7, when Captain Dickson, at the risk of his life,
endeavoured to stop them. This caused the ponies to swerve,
and they ran with great violence against the iron fence enclo-
sing the area of No. 6, which was eight or ten feet deep, and
strewed about ten feet of it into a thousand pieces. It was a
mercy that the horses and the driver were not precipitated into
the area. The sudden shock threw her Ladyship, who had
with extraordinary firmness and intrepidity kept her seat,
upon one of the ponies, and she was saved from telling to the
ground by the timely presence of Captain Dickson, who rescued
her Ladyship from her perilous situation unhurt. One of the
ponies had detached itself, and ran oti, but was soon caught.

INFLUENCE OF THE MOON ON TIMBER.-A
v ry intelligent gentleman, named Edmondstone, who was
for nearly thirty years engaged in cutting timber in Demerara,
and who made a number of observations on trees during that
period, says, that the moon's influence on trees is very great.
So observable is thin, that if a tree be cut down at full moon,
it will immediately split, as if torn asunder by the influence of
great external force. They are likewise attacked much earlier
by the rot than if allowed to remain to another period of the
moon's age. Trees, therefore, which arc intended to be ap-
plied to durable purposes, are cut only during the first and last
quarters of the moon ; for the sap rises to the top of the tree
at full moon, and falls in proportion to the moon's decrease.