The Sun.
London, England, 1841-04-07 00:00:00

pear before the Court. The question then would be, broke up, but as we were going down stairs Williams
whether or no he should beconfirmed, to the satisfaction of swore he'd bed--d if he didn't shift some of them; I
the Jury, by other evidence. With regard to that be (the went away from the house then, and Williams followed
Learned Counsel) did not mean to enter into minute details me ; that was about half-past three o'clock ;he said
of the small concurring circumstances which were to be the union funds were done, and that something should
urged upon the part of the prosecution as being confir- be done to get rid of the knobsticks, or we !night
mations of the aceempnee, lest he should do an in- starve in the streets; I said I was going to Ralph
jury. Be would merely state that that confirmation arose Kennedy to know if there was a letter going to Liver-
frcm previous concert, which he intended to de- pool, as we sent to Liverpool every week to get money
duce, between the two parties charged, from their own from the union fund. While we were. speaking, Robert
observations and accounts of themselves after the trans- Kenworthy came up, and said he had been applying to
action, from the explanations they had chosen to give, get his wife out of the Lunatic Asylum, He then left,
from the declarations they had made to different parties, and Williams and I went on together to Ralph Ken-
and from their having been seen in the neighbourhood worthy. Ralph, his wife, and Mrs. Marshall were inside.
of the spot shortly after the fatsd deed occurred. He had After some time Williams beckoned Rtlph and myself out.
begun with stating that ho meant to open this case as We went. I asked Ralph if, Hardwick was going to
shortly as he was able. All be had to do was to en- write to Liverpool. He said ho was. Then Williams
deavour to furriest t' the minds ef the Jury a sort if said, " We should do something to get rid of these
index to the evidence about to be adduced. He should knobsficks; the union fund is done, or nearly so ;we
therefore say to more at present than thin, that if, in the have had a letter to that effect." He had also said,
result, they should entertain any reasonable and honest " We must either get shut of them or we may stave in
doubt wit'e regard to the guilt of the two prisoners, what- the streets," He said, " Your pipe, Jack and me hove
ever ralght be the herror belonging to the deed which got ready; we have loaded it viiih that powder that you
had boen committed, they were entitled to the full bent- ( Ralph) and myself sent for." He said, " I have some
Et of such reasonable and honest doubt; but, again, if film powder in my pocket to lay a train that it may tuir,
they should see any reason to distinguish between the and I want you (Ralph) to watch while Jack lets it
awes of the two prisoners, and should he of opinion that off, to see that nobody takes it." Ralph said, " I don't
With regard to one of them only, the evidence of the ac-
know ; it's a dangerous thing to be seen with ; will it do
complice was pla'nly coufirmyd, and with regard to the any harm ?" Williams said, a• No; it will only give them a
other insufficisirt, they would of course make such (inane_ bit of a start." Ralph said, " l'il never mind geing then if
tion. But ir, after a long trial, for he feared it must be Davies (meaning me) will go with me." I said, " Provided
such, thee should in the result feel no reasonable or bot e.t no injury is intended, I'll go." Williams said, " There
doubt with regard to the guilt of the two men, in that case, will riot; if you meet me at the King's Head, I'll seed
however painful it might be, they must discharge their Jack the other road with it, aid I
.w ill come through
,f
duty. The Learned Counsel then proceeded to call wit- Duckinfield." He also said, that . we were not at
DRASCF.
the King's Head soon we should meet him in Scotland-
James Cooper was the first witness. He said he was a place." Ralph then went into his house,Willians
to
went
sawyer in the employment of Mr. Whitfitld, and Wes one ,itr. and I went to the King's H:-ad, and from therel
of the new hands who came in the place of those who Samuel Hardwick's. I spoke to H. ardetek at his houte,
turned out. His companion was Benjsmiu Cooper, who Frein Hsrdwick's I went back attain to the King's Head,
was the top sawyer. [A model was here produced, and
but, not fiedirg Williams these, I wenthri to.dge. Be asked
Seetiand-place,
. thel, " N
.o ' I expected him
sight, and on the 4th December he saw him standing with likely
be pointed out the place where he and the deer aced ter re
and I met Williams just over canal •
working at the time.] He knew the prisoner Williams by
me if Ralph was come ; I sat
here " He said, "He it mostup at the place with
Jack." Duckinfield bridge is not a hundred yards from
a man named Shaw outside the gate. He ha I passel se_ Jack."
canal bridge. WiLiams then said, <' come up this
veral times before. On the 4th December witness eras
alarmed by the report of a pistol or fowling-piece, as he way ( Scotia:A-street), Jack will be up yonder." We
and his brother were working in the pit; it was :Meet were then going in a direction nearer to Whitfield's.
seven a' night. Up to the 11 th Dee. witness and the de- Will'arris then told me to put his under coat on,
ceased worked at the pit. On that day they were at work. that I should be disguised, and he would keep or, his
They had just changed " bearers," witness being in the top-coat. First, he proposed that we should charge
pit and the deceased on the piece to be sawn. It wts then coats. but I said my coat wouldn't fit him, and that
.cotland-brook, and came
somewhere near six o'clock. There were two candles in wire. We didn't change
I would do very well as I
the saw-pit, one of which witness had at the bottom, and coat'. S
We then went up to
Soon into Stamford street, where we turned to the right to_
the deceased had the other fixed to his right leg.
afterwarda witness beard a loud report, something like a wards Whitfield's. As we went along he took me up to
deer,
piece of artillery, and the deceased called out, " O the gable-end of Mr. Swift's house, and said, "thou bait
I'm kille '." Witness could net get up out of the pi: he. nothir gto defend thyself with." I said, " No; I didn't
was so stunned. Roth the lights we• e blown olio A I want any thing;" and he pulled a knife out and put it in
person named Hadfield came t 3 their assistance w.th a jmy hand, but I returred it to hint. He said, "Jack
tTight, and they took the deceased to Mrs. Wood's, must be protected; I will lose my life before Jack shall
he Swan Inn, where he died in two hours after. He was Ibe taken." He then took up a stone and said, " we'll
wounded in his right side, which was the side he had to- I go on, and when we get near the spot whistle, and Jack
wards the road. Witness examined the place tile next will know that lam here." We then went towards the
meriting. He found three slugs on the opposite side of saw-pit, I first, and he following me, arid when we get
the saw-pit, which were on a line with the place where within fourteen or fifteen yards of it, immediat-ly
the deceased had been st mclisto,. tfrcr Williams told me to whistle, there was a flash.
Cross-examined by Mr. NO males—Witness knew the The flash consisted of a long trail of fire running along
prisoner William,. He lives at Stayley Bridge. Neither the ground a yard or more. Hulme was wituin two
witness nor deceased had any quarrel a ith him, but on i yards of the flash. He stood opposite the side of the
the 4th December the deceoet had treated him. I pit. The report was a very heavy one. Hulme then
I came running towards me and kept on towards Stamford-
Re-examined—The treating happened iii tide way.
Williarne and Shaw called the d' ceased out. They went street ; there I lost sight of him ; I never saw him tigtin
to the gate, and the deceased followed them. What took .until he was in custody. Williams ran with me, and I
place then, witness, of course, cannot tell. I passed him before he got six yards We passed some
buildings called Scurraa's buildiegt, where is e heard a
James Roscoe, a boy, examined by Mr. Sergeant Ar- !
comity, said, that in December last he was in ihe service ' y""rna'd cry out, "Good God 1 what made that neise."
of Mr. Whitfield, and his place was in the steed beyond il e ; We went timouge Penny-meadow. At the Tontine Hu el
iwe met Vt• illiern Marsden and William Newton. At
eleapit. Wilmot heard a loud reperahike that of a liege
cannon, about ten minutes to six. In three minutes after- i that time Williams was walking along wish me', for we
1; then ceased to run. I went down Wellington.strset ;
wards be heard Benjamin Cooper cry out. Witress was
rather confused for three or four minutes by the leeorr, : the prisoner was with me at the time. We went through
tee Market place before we got to Wellington-,trees. We
but afterwards he went into the sew-pit with Hadfi-1.1. ;
They found the deceasen lying there ; there was a deal , wet ibtough Holt- sireer, Portland-Street, and over the
of blood upon his head. Also found a lantern. The canal bridge leading to Walkmill. He crossed near the
. e.
next day witness found a slug or bullet in one corner i f hew square in Stamford street, close to Dr. Wood's plat
the lantern. It was fast in the tallow. There was tin I I parted from Williams at the junction of two canals ; he
I went off towards Duckinfield, along the footpath. Be
fr re
opening in the shed before this matter peppered, made by
tee boards " lapping over" one another, and the tasset ers : he left, he wished me to go through Oldham ; he said, as
could be seen through. The following morning eirness 'there le 1 ke'ly to he a bother about this, we haiPbetter go
i out in the c3untry. As we were passing two sawyers,
examined the place, and found the place where the
that were working at Mr. Gill's, he said, '°l wbh that
cannon rah been laid. It had left a mark in the i
"
ground, and it was then a few feet from the boards. It long b—._," meaning a man named Massy, Eel a
couple of bullets in him." I said I didn't wish any one
was in a slau jag direction. The place where he saw the
cannon was a raised bank, about 18 inches wide, and about ito be shot. He said, "If Jack has elevated yon piece
right, he has made a job of him.' When I left Ralph
three feet higher than the level of the ground. Wit- I
Kenwortby's the last time that afternoon, I went across the
ress was a'lt'oa man earned Mills on the Saturday morn- !
ing afterwards, about six o'clock, and Mills found t; e market place,. I was taken into custody at eight o'clock
;lore It was about 13 yards from the place where wit.. :on the night of the 11th of December ; I can't say wire-
LCSi had erate aces the mark of the cannon, and was ' ther Williams was taken up the same night, bet I saw
It
lying in a slanting direction from it. i him in the Court the Wednesday fol . fornag ; we were
then sent to Drente den, and in about a forte ht after we
Richard Whitfield said he was a timber merchant at
were brought up in the lock-up to be shaven; WiLiarns,
Ashton-bonder-Lyrae, and had taken the deceased and his ;
brother into his service. There had beer, the two Herdwickt, and myself, were left together; Wit_
n a turn-nut of .
the sawyers. Thirty men struck. On the 11 th December llama said to the Hat dwicks, "I hope there will be no
witness heard the alarm made by the report of the Can. :
sphering en this—Jack is a little good-'tin,
nor. Found the deceased, and ordered him to be taken like him to be burt—l would sooner hang like I shouldn't
a pound of
to Mrs. Wood's. Witness examined the shed outside at candles than split on bins;" we were sent that night to
eight o'clock, and on the edge of the hank he found small Kirkdale gaol on a charge of conspiracy, not of murder;
indentations such as would !wore been male by a piece of while at Krrkdate, I
said to Williams that this was a very
iron strongly corroded. The impression made a rough serious job, teat a good many were taken up on it,
surface. Could not tell whether it was made by a straigat 'that some innocent person might suffer death for it,
or a curved substance. Opposite to this impression the and that if I knew he would have gone so far I wouldn't
have gone with him ; be said, '•Oh I never mind it ; it
side of the shed was torn to pieces. The next morning I
witness found a slug in the shed next the saw-pit. A slug will never be found out;" I said I was sure it would
was also delivered to witness by Roscoe. come out ; he said, no one on earth knows anything
Croirs.examined—Saw the pipe which was said to have about it outside—only me and Jack ; Samuel Hardwick
been found, and it was the smite which Messrs. Jamieson then joined us ; the same was said in his presence ; I
said they believed had come from their works, said I was sure it would come out—that murder could
Lees Broadbent—l am sesurgeon at Ashton-under-Line, never be kept secret long; he said it never would come
On Friday the 11th December, 1 was called in to see Ben- out. ( Witness was here handed a paper.) I saw this before
1
jamin Cooper. He was almost in articulo mortis. I found at Beckwith's ; Williams gave it to me ; be said it con-
he bad received several jagged gun-shot wounds in the
tamed some good receipts for making Lucifer matches, and
I
right side. His mind was perfectly clear. I told him he for making fire without light; I was examined before the
Magistrates en this charge ; 1 did not tell the whole ac.
had received a mortal wound, and he said he was convinced I
of that. He said that when he was sawing, about six count on that occasion exactly as I told it today; I omitted
o'clock, he was blown from the bulk ; but had ne suspi- the last pat t about the discharge of the cannon.
con by whom it was done. He mentioned having been shot Cross-examined by Mr. WILKINS—I have been a sawyer
at oe the preceding Friday. He died about eight o'clock. for twenty years, perhaps, and during the greater part
One. shot bad passed between the cartileges of the 9th and of the time I was a resident of Ashton. What I told on
10th ribs; it proceeded through the liver, and for a short my first examination was true. There might be some
time I lost sight of it. I found, however, that it went parts that were not exactly as I have recollected since' •
through the 10th and 11th ribs, and lodged in the third ; but they were as nearly as possible correct. Robert
lumbar vertebrae, . Another bullet was lodged in the hip. I Newton and Heyes, apprehended me, at my own house.
The cause of death was extravasation of blood from the I I did not then give Newton the account I have now given.
wound in the liver. I can't tell exactly what I told him. I perhaps might
Edward Davis—l am a sawyer. I have lived in Ashton have said that I neither knew nor heard of
any man having
for 39 years. I was amongst:thoae who turned cut. Soon been shot. I was much agitated at the time. I can't
after having done so, I took a card from the Society of recollect having told him so. I said that I bad heard
Sawyers, of which I was a member, and went on tramp. nothing about Whitfield's men. I told Newton what
Williams is a member of that Society. Hulmo is not a time I left the King's Head, but I do not now re-
sawyer, and was not a member. Benjamin and James collect what the time was. I mentioned to him the
Cooper were not members. I returned on the 2d of No- names of' the persons who had been with me tNhveirliel, but
'ember, and saw Williams in Old-square, Ashton. Our I cannot say that I mentioned the name o
Society held their meetings at the King's Head. There I went on the tramp on the 2d of October.
I went toalomosi
were some men with Williams, and they were asking him for work. I did not go express to solicit subscriptions for
about 21. he had bad from Oldham. He declined giving the Society; but tne Committee gaveRIC
la book e , and said
an explanation then. In the course of a few days I saw that if I could get anything I might. askedth
for sub-
him near the King's Head, and he said that he had beers scriptions at Burnley, but not atany other of
requested to go to the police-office, to own a top-coat. I places to which I went. I have been
Kirkdale gearecinunpY
asked him whether he had lost one. He said " Yes; but to the present time,
Mr. Newton has visited me there
that he was not likely to own it."
two or three times. I once threatened Williams that if
Mr. WILKINS objected to the evidence on this point, the pipe were not made away with I wOuldat let
because it had reference to a previous transaction. Malice somebody know, so that the matter would came out.
could nut be substantiated by proof of an antecedent cir- That was on the 18th of November, the night on which I
cumatance.
wok the pipe home. I told my wife a lie about it. I
Hit LORDSHIP ruled that the evidence should be taken. said that it was a parcel of tools belonging
to a man who
Witness in continuation—He said he bad lost his coat would call for it. I was anxious thai the pipeou e should
in a job at Whitfield's house. I asked him what sort of a be destroyed. There were some pits nearl
my h
job ? He said that they were going to give a blow-up, poured water into the pipe during the absence of m house
and when " Cast-Metal" was about to apply the light, Samuel Hardwick examined—Was secretar fy f .
y or a ew
the watchman came and caught them, " Cast-Metal" months of the Sawyers' Society at Ashton. Was at the
is a bye-name of Hultne's. I said that he bad better King's Head on the afternoon of the murder b
; a
in out two
leave such jobs alone ; for by that means they should o'clock. There was a meeting of
the
club
a room
never come to a reconciliation with their masters. He up stairs, in which all general meetings
were eld.
said that the t• nobsticks" must be removed, or that Davies, Williams, himself, and brother were there.
no good could be done. " Nobsticks" are men not be Hulme was notmember ofthe
a
longing to the Society,
- .
and who work for under prices, seen him atthe
I saw Williams again, in a few days after,
Head. Meetings of the Society after the accounts had been
at the King's proposed,gone through, that
were held there nearly a deputation should be sent to the masters. Some
every day. Theta had on that day been present at the doubted the utility of such a thing, and opposed it; • but
meeting about 12 or 14 men;- When •
Com ng out, he others recommended it. Joseph Marshall said it was a
asked me whether I had te brae 1
1 L
hd said that I had a very good proposition. Williams said, in the end, that if
brace at home, but no bits, let ur. have it. He then nothing could be done, he only wanted two or three good
produced from his pocket about
ror five fires , and. , volunteers. Did not remain in the room many minutes
said, " There are the sorts of bits I going to
They were at one end brought to a sharpatn -ning to use." after that. Was taken into custody, and bad remained in
a week after I saw him again. It was iheedgeete.h Ilz, about gaol ever since. At the station house, remembered Wil.bet.. We had had a meeting at the King's wetog Novena_ gams saying to those present, of whom there were live,
the meeting was over, some of us went Wit, the
t,t r that he bhould not like any spitting, and rather them that
mono Williams made a motion for me and Ralph Kelt: 4"
balm should come to deck he would han-
g like a
northy to go out. We went. He asked us to go ac' etiii:-.,utnd of candles At Kiritelale, Davies was once saying
gre,t many peoplewould 47
have a walk. After having had some drink at the top of as thea sueer, the lune:cent es well
Scotland.ttreet, I thought I would return home, but he bri ar ilty. Williams rephei, " How the ttevil can they
said, ° Let ue go at d see whether these ' nobtticks' are thee/g, soil one
In'
when no gee knows but little Jack, an,
me ?" a
norking." The road led to fwee pits, amongst others, Henry Hd • Whitfield's. When we got near them, be wild, " Let us the murder, wagek, on the• Saturday night previous to
go up here; there is Cast-Metal Jack with a cannon up dared gob Arundel at the King's Head, when Williams iota
who at •
at 'Whitfields." to bring back with .hi as going to Oldham for lOs , Mr. Overend, who was, with Mr. Wilkins, for the de- brought back 21bwin itib, '4,4 blasting,Pu""` Arundel fence, contended that evidence of former felony could not Williams. Was at the ..k?nw.e ri. which witness gave to
be brought forward in order to draw from it tri inference the murder, when
the
relneeinge'l Head
.on the after boon of
that a eubsequent felony had been committed. He re- Williams said, " Oh, it is n;auti" was proposed, and
ferred to Phillips and Roscoe in proof of his position. The six good volunteers to settle it " sel only want five or
Within a day or two
fact of malice ought to be deduced from the act complained after the murder, in the lo k•* - -
e oilw Williams and n
of, and not from the antecedent act. speaking together, and witness said, o 1 tie tv•ere
The LEARNED JUDGE thought that the evidence was the man was killed dead." Williams an wonder
*hs'ar.otbf
clearly admissible. It was brought forward to show that man, there were five or six bullets in hints,"red' " - -''
the ;-
end I am only
prisoners had such a feeling towards the deceased h►t th sn t
SS sorry t a ere wa o another served out. we mane-
might
lead them to commit such an act as that char d
We • tinned also that it had been intended to fire one
Witnes •
of the
son continuation) stated the circumstancesof cannons in Goldthorpe's pit. At the Liverpool
the first attempt which failed, .
gaol,
as according to his cac ouut mentioned to Williams that Davies was telling all L
the pipe
;e
organ would not go off at ,d then dd d
, 1 a e _The next knew about it; on which Williams wished that he were
time I saw Boone was -
fell on a Saturday, wheooo the sth of December, which dead. Asked bim whether Davies knew anything that
Samuel Hardwick and
myselflm et him at the Feather's Inn, would criatinetc him, and he answered, " Yes, he knows
wet present at the time, and all about it," Then asked lam whether be bad said
we were both somewhat i
o'clock that night we met Fa; between eight and nine that it was Hulme who had fired the shot, and Inc said,
when the four of us went into Beckwith'saLsbannedbliniMe' " \% by, I might hate let it slip in conversation," The
glut-tine said he had dere nothing' pet
for the
while there book produced was an entry of payments, made by him
sahwyers, but or, account of the Society. There was in it an entry of
that he would do so are
for then, theel
the day of the fatal occurrence fell on ;nide n ,of Deo, 58., which witness bad paid to Williams fcr Hulme, who,
two meetings of the club at the King,B
Headytitlattheire were he said, had spent that much amongst the sawyers. Was
in the morning and the other in the afternoon , ll:gay' che
with Hulme in the lock-up at Ashton, in the same cell.
mittee and others were present at both T
; . went theree Hedme started e-pr eying, and wanted me to pray top,
at half-past two o'clock ; the meeting was held in the Wiiness niede no reply_ fluke pray, d aloud and s• iO,
the boxes belonging to the Society were kept in tleasrraet ; " Hutt can I sraeu hi fi,re thee, 0 God, and ask for for-
room. 'Williams was present. and they were reekommee giteueas, since I have taken Ife I I have a. ken what I
op the steward's book when I entered. After the boon!, cannot give." Sortie time dui ing the hight in question),
were finished, the steward asked could we do notbin '
Williams was put to us, arid on the following morning they
in the affair of the masters? At that time we bad a sog both knelt down and prayed together. Hulme was the
of a compromise with the masters; it was suggested by speaker. Ho said, " I pray thee, 0 God, to bless the
the meeting that it would be a good thing if we could settle woman whom we have made a widow, and the children
the affair. I said I had been with the masters, and that whom we have made fatherless."
it would be a good thing to han arrangemen e. Job Arundel —Was sent over to Oldham on the sth De-
One of cember. There were the committee said staveeld te ro toe toms eer get„ 1 present, when he was sent, Ralph
into any rwranemt • ert te, arid Seine 1 - I
Lent, we the rnasiere a ouLl nut take the Ito °whit - •• e and Lenny Ha dweik. Went
biggest part -: .ot us back While tn, end received th • 10. .
be a
1..5
us„
,a.,1
ent hack. + hth"hh, said it wotdd ihe bought 2lbs. of t err s., with a pert of nloch
volunt„rs to sitift *thgt ileb"‘"ers Ill" r"4
"c°
01'
1i" ce
/ i'• "`" be: 4d P"bder* Was told to buy Ilb. aad thet
answer given to that, but stieks ; ttete was Lit, Gacet only edt , etthoh, n h.t ditrlii g thiit blasting l'ow'''e'r was
didn't ated anything of one of the committee said we coot hr • dgdto2d-iss (;ate it to HenryHelmick,
sort; - xantme .....zsaiil K .
this sort; the meeting then r enwortby and Henry Hard-
.

1841