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

LONDON, WEDNESDAY, APRIL 7, 1841.

PRICES OF CANAL,DOCK,ASSUR-
ANCE COMPANY SHARES, &c. &c. &c.

LONDON, TUESDAY, APRIL 6.
Number Dividend Price
of per CANALS. DC!
Share'. Annum. Pain. Shore
1,765 7 per cent. Ashton & Oldham.,.Average97/.l9s.sh. 1111
1, 483 41. Ashby.de.le-Zouch Average ll3l.sh , 72
1, 60 Basingstoke 1130/,,h, 5
1,01,5 51. Brecknock and Abergavenny7 159. st 1. 93
1-,000 I-16th. 101. Birmingham,l.l6th share -81/. 0, 711. :-.00
4,1113 Ditto Si Liverpool Junct.l99l. sh .100 pl 25%
600 31. Bridgewater and Taunton.lool.sh. all p I
400 5/. Chelmer and Blackwater lool.sli. 191
300 32/. C,ventry 1001.,h. 600
Crciydor.. Average3ll.2s led. sh •
2,060 5!. Us. Dudley ... 1001. sh. 96
600 131. Derby lool.sh. 120
20,000 4 per cent. Danune and Mayne 411.135. 4d .pd :'2l
3,575 f 4' Ellesmore and Chester Average 133.7.5 h. 61
251 621 Ercwasn
1,2q7 301. Forth And Clyde.... Average 40431.165. in. 650
11,0G0 8/. Grand sunction 1001. s n 130
4840: 255. (band Union lool.sh . 26
1,500 .... ... Grand 5urrey......... ~,, 100/..sh. 15
1,000/ 41. per Ceti t . Ditto (optional) Lear 1001.
2,096
, 800 131.125. id. Glamorganshire, Aver. cost 17i.d. 138.4 d. 2:'o
749 121. Grantham l5O/.8 h. eot
3,238 2/. Os. Huddeishield Average 5 /1. 6s. 6d. an. 27
100 Kensington lOO sh. allpd 10
25,823 1/.los. Kennet and Avon, Av. 30/. lOs. 10,1. sh. 24%
11,699: 1/. 7s. Lancaster Average 471. tls, Sd 1 27%
2,8974 801. Leed s and Liverpool lOOl. s h 750
545: 11/. Leicester 140/.11, 145
1,897 V, Or. Leicester & Northampton Aver 831.10.9 73
2.400 101, Monmouthshire lOO/.Bl' 200
150 101. Melton Mowbray lool.sh. 21:'0
500 tr. 1. Mersey and Irwell lOOl. sh . 550
3,000 2/. 10s. l'ilaccles field lOOl. sh. all pd 34%
247 171. Neath ., 1001. sh, 325
2,400 51. Peak Forest Average about 78/. sh. 75
21,418 Si. Regent's (or London) Av. 33/.105.8d. eh. 10
t.,609 61. per cent. Rochdale Average a5/..h. 85
500 81. Shropshire 1251.5h. 137
800 10/. Os. Somerset Coal lsu/. sh. 180
3,600/. 4: p,r cent Ditto Lock Fund Stock 121.105.5 h. 1l
700 set. Stafford and V‘oroester 1401.5 h. 650
500 151, Shrewsbury
300 9 Stourbridge ......-.- 145/.sh. 396
3,047 21. Os. Stratford-on-Avon Aver.... 79/. Os. tad. sh. 35
533 12:1 Swansea lOOl ch. 265
3,762 21. Bs. Severn and Wye and Railway Ar. 351. sh. 45
2.600f5h. 22/". 10s. Trent and Mersey, : sharesh. 590
15,149 ... ..... Thames and Medway Av. 191.55. Bd. fill. it
1,-010ahl 16i. Wararickand Birmingham lool.sh 242
1,000;5h.3
960 ISs Warwick and Nape's's' 1001. sh. 170
7.000 41 i worcestcr& Birmingham Av. 781.85. sh. 55
5,000 821. Wilts and Berk'. Average 671. 108 Bd. sh. 27
860 6., Wyilev and Essington 1251. sh 74
„of, ...... ..W:soesen " 7.1. sit. no
903 11. Wey and Arun. llOl. an. 22%
DOCKS.
1,600&
1,0651911. 9p. c. Commerc al lOOl. sh. 63
East and West India ....Stock 97
3,238,31011. 60s. p.ct. London . ..... ......Stock t;7%
Ditto Bonds
2,200 3/. 6s. sd. Bristol Average 14-1. Os. al. 75
68,3241. 5/. par cent. Ditto Notes, various amounts lOB
352,7:7.2 5 per cent. St. Katharine Stock 92
500,000 4: per cent. Ditto Bonds ... lOl3,
200.000 4 per cent. Ditto Bonds for 10 years
Deptford Pier .. nOl. sh. 201. pd 10

POLICE INTELLIGENCE.

MANSION-HOUSE.

A wretched-looking, broken-down, and wounded sea.
man, named Joseph Forbes, was brought to the Justice-
room, arid introduced to Alderman Pitie, by Mr. Brooks,
•he shipowner, of Broad.street, who is one of the Direc-
tars of the London Decks, as an object of charity, from
the strange end Later:se sutimiogs he had undergone for
many veers.
Mr. Breoks said that Forbes hod been lately brought
from Sydney to this country in one of his ( Mr. Brooks's)
w vessels, and been kept at his expense far the six weeks
during which the unfortuna•e man had been in Lander),
where medical aid of the h.ghest kind had been adminis-
tered almost in vain to his case. The circumstancas in
which the man had been placed for the last sixteen years
(and of the accurate veracity cf the statement there was
no doubt), wculd be best detailed by himself. There had
been some instances of similar horrors, but he was not
award of any of such long duration.
The seaman then made a statement of which the follow-
ing is the outline :—" In the year 1822, I being then a
boy, sailed from London in the schooner Stedcombe, with
a crew consisting of thirteen persona, bound to Melville
Island, on the north coast of New Holland. The vessel,
which was a fine one, hating discharged her cargo at
Melville Island, proceeded to the island of Timor Lent,
ter the purpose of procuring buffaloes, and the natives
came on board the schooner,, appearing to have the most
friendly disposition towards us; partook of food with the
Captain, and brought fruit and vegetables with them as
a proof of their f iendehip. There was nothing to inter-
faro with this feeling, which seemed in every respect to
be mutual. An arrangement was concluded with the
natives for the supply of a large cargo of buff. laws, which
thf y stated were ready to be shipped, and the Captain left
the vessel in his boat with all the crew (amongst whom
was my brother) with the exception cf myself. John
Edwards, another boy, the cook, and a seaman, with the
intention of accomplishing the traffic'.. noon after the erew
lauded, to my great horror I saw them attacked by a
number of the natives and savagely murdered. We who
were on board looked forward to nothing less than sharing
the awful fate of our friends, and a few minutes after the
murder of the crew, the murdererscarne over to the schooner
in vast numbers, and seizing the cook and seamen cut their
heads offand threw their bodies overboard. Edwards and I
had taken to the rigging, and witnessed the murders on
the deck from thence. The natives pursued us, and atter
a short white we descended in an exhausted condition,
convinced that our lives would also be taken. We were,
however, hut mere bop, and they did not use their wea-
pons against ur. They stripped usa put us into a canoe,
and took us to the beach, where they compelled us to walk
over the bleediug trunks of cur poor shipmates, whose
heads had been cut off and conveyed to the vidage. The
schooner, aster having been plundered of everything that
was of the least value, was hauled on shoro and burnt.
Edwards died about three months after this dreadful trans-
action, leaving tee the sole survivor of the Stedcembe's
crew to linger out all the horrors and miseries of this most
frighifal captivity. •
Alderrram Pram —They merely spared your life then
They showed you no kindness? The Seaman—During
the sixteen years of my captivity they kept me to severe
labour, such as cutting timber, cultivating yams, and other
hard employment. In their wars I was eompel!ed to ac-
company them, and I received two severe wounds, one in
the neck, the other in the wrist, from the former of which
I now suffer most bitterly.

Alderman PIRIE—Did you not Fee any ship touch
upon the island of Timor Lant all that time ?
The Seaman—Whenever a ship appeared off the island
I wos taken to a cavern and there bound by the hands
and 1(v. They no doubt supposed that if by any chance
I -ucteo.dcd in coming in contact with any of my own
countrymen I should mention all that had taken place, and
bring down vonf,cance upon them. They bound me so
tight as to cause wounds in my legs, and absolutely to
stop the circulation of my blood. The frequent repeti-
tions of this cruel treatment male me the poor cripple you
see, with a constitution destroyei, and limbs which can
scarcely perform any of their offices.
Mr. Brooks said that Sir Gordon Bremer, of her Ma-
jesty's ship Alligator, was understood to have made an
attempt to rescue Forbes, a report having reached Sydney
that an Englishman was detained on the island.

The Sea-Man arid he believed that such attempt had
been made, but he was bound hand and foot at the time. It
was to Captain Watson, of the trading schooner Essing-
ton, of Sydney, he was indebted for his deliverance from
the dreaairul slavery amongst the natives of Timor Last,
and much ingenuity was necessary to he used on the occa-
six), as well as resolution. Captain Watson having been
assured that an Englishman was amongst the natives, ap-
peared off the island in March 1839, and the natives pro-
ceeded to the vessel with their useal appearance of kind-
ness and good ail]. They had, how% as was evident
from their conversation when the vessel approached the
island, detera,ined to seize her, and if that had been ac-
complished there could have been no doubt as to the fate
of the crew. Every one of them would have been mur-
dered. In order to accomplish his object of releasing the
captive Captain Watson used the following stratagem.
He closed his pens, strongly armed his crew, and sent
them below. He then allowed the natives in the first
canoe to gat on board, and finding ore of the principal
chiefs of the island amongst then, peremptorily demanded
the white man. The Chief was taken completely by sur-
prise, but be positively denied all knowledge of any
atrangere. The Captain then ordered up his men,
and compelled the natives to leave the ship,
detaining only the Chief, whom he was resolved
never to deliver up without the exchttage he re-
quirel. Still the Chief persisted in declaring that no
whi'e mar. was en the island, and it was not till the after-
noon of the next day when, no doubt terrified by the
threats of Captain Watson, and the formidable appear-
ance and conduct of the armed crew, the savage admitted
that his people had a prisoner, and consented to give that
prisoner literty upon obtaining his own. The order was
then issued by the Chief, and he (Forbes) was taken
from the cavern in which be lay bound, and was once
more placed amongst human beings. The Chief teas then
allowed to descend into his canoe and depart ; but the
crew mere very desirous, when they heard of the bloody
cruelty of the natives, to have a fling at them.
Alderman PIRIE—AIy poor fellow, you must have found
the change very great?

•
The Seeman—lndeed it was, Sir ; but it was almost too
late. The kindness of Captain Watson and his crew was
very great, but I never had a moment's health ; my
strergth is entirely gone. I was put in the hospital at
Sydney, sod treated with the greatest care for fourteen
months. All the people there were most kind to me.
Mr. Brooks—He has been here six weeks, and has been
attended constantly by medical men, but he has not been
able to come up to the Mansion-house before this day.
My object in attending here wi.h him, is to solicit the
Lord Mayer's exertious in his favour. He never will be
able to work a single stroke, and it occurred to me that
the public sympt.thy could, through the press, be enlisted
in the poor crea'ure's service. The facts, which are
frightful in the detail, have been stated with simplicity, and
without, as must strike every body, the least exaggeration.
Alderman Prete----It is a singular fact that I, who am
thus addr, st ed on this occasion, was the very person who
sold the schooner just before her fatal voyage. I am
much gratified at being present when such an application
is made. It will give me the most sincere pleasure to re
ceire subscriptions for the benefit of the sufferer, and I
will commence myself with oh. I shall answer for the
readiness with which the Lord Mayor will aid in the
cause, and that his Lordship will be happy to receive sub-
scriptions from the benevolent.
Mr. Brooks also subscribed til., and intimated that he
should feel greatly honoured by receiving subscriptions.
The seaman returned thanks in a voice that " piped
and whistled in the sound,' and with tears trickling down
his pale and withered cheeks.

ASSIZE INTELLIGENCE.

ROME CIRCUIT—K.I2 vcsro.v, APRIL 6.
(Before Lord DENMAN and a Special Jury.)
In the case of nuisance referred to yesterday whica was
an action against the South London Gas Company by the
lessee of a house near their works, after the case had prc-
ceetted a great length, it was arranged that the matter
should he settled by reference.
THE INDEPENDENT WEST MIDDLESEX ASSURANCE COMPANY.
The disg:a-eful f and perpetrated by the individuel-
composing the above " Company," was tl is day brought
before the notice cf the Cella by an action brought by
parties who had advanced money to the concern, against
an individuel named Williams, represented to be an attor-
ney. The action was brought to recover large sums of
money, such as 600/., 400/. and 700/.
Mr. Plait and Mr. Gurney appeared for the plaintiff;
and Mr. The!iger and Mr. Creasy conducted the case
for the defendant.
Mr. PLATT addressed the Jury, and said the present
action was brought with a view to recover largo sums cf
money, of which they bad been defrauded by means of
the specious artifices and contrivances of the Company
with which the defendant was connected. By dint of
firing prospectuses and promises of great advantages
these unfortunate persons had been induced to
pact with their little all, and in many instances had
been reduced to the moat hopeless ruin, The Learned
Counsel went on to state that this Company bad come
h.:fore' the public offoing great advantages for
the investment cf money, and their prospectuses con-
tained the !mines of " Esquires" and other distinguished
titles ; in feet, nothing was neglected that was likely to
mislead and defraud the public. The scheme was adver-
tised in every direction, and unhappily it had its effect; for
a great nuinter of persons, deceived by the specious pre-
tensi that Vs ore put forth, were induced to invest all
they po:essed in the world with this bubble Company, and
the consequence had been, as be before stated, their utter
ruin. It would be proved that the defendant took,a share
in this scheme, and he should be able to prove that the
whole was a fraud upon the public—that persona were
hired at so much per day to sign policies, &c., as Direc-
tors ; and, under these circumstances, the defendant, as he
was prepared to contend, was liable to the plaintiffs for the
loss they had incurred.
Mr. THESIGER said he could not struggle Kith the
cafe, and consented to a verdict for the plaintiff.
Mr. PLATT applied for immediate execution,.
Lord DENMAN—Most certainly.
CURLING V. EVANS AND ANOTPIER.
This was an action by the plaiutiff, against the de-
fendants, the late Sheriffs for London and Middlesex,
for alleged negligence in allowing the escape of a debtor.
The case failed in proof, and the Jury returned a verdict
for the defendants.

NORTHERN CU) T. —LITARrooz, APRIL 5.
CROWN COURT.
(Before Mr. Baron MALTLE.)
THE MURDER AT ASHTON.'

John flulme, 31, and John Williams, 30, were indicted
for the wilful murder of Benjamin Coeper, at Ashton-
under. Lytle, on the 11th of December hat.
Mr. Sergeant Atcherley, Mr. Brandt, and Mr. Wortley
appeared for the prosecution : Mr. Wilkins and Mr. Over-
end fogy the priv,ners.

The indictment was of great length, and ecnsistecl of
four counts. The first count charged them with having of
malice aforethought assaulted one Benjamin Cooper, a
joiner, and that Hulme, pith a certain metal pipe, plugged
at one end with lead and wood, had made to serve the
purpose of a cannon, then and there charged with gun-
powder, and charged with twenty bullets or slugs, w►►ich
was di charged at and against Benjamin Cooper. of which
he died instantly. The other counts varied the charge.
Both prisoners pleaded not guilty.

Mr. Sergeant ATCHERLEY dice proceeded to state the
case. The Jury had heard fram the officer of the Court
that this was an indicuteet which imputed to the two pri-
soners at the bar the crime of murdir. The person, those
death formed the subject of the present inquiry, was a
elan named Benjamin Cooper. The day upon which
the transaction occurred was the 11th of December last,
and the place was the town of Ashton-under-Lyne. In
Ashton-under-Lyne, he understood, there was a con-
siderable traffic in the building and sawing business, and
a considerable number of hands were employed in it.
About the month of October last the prices which had
bean paid for labour to working sawyers in the town of
Ashton had been higher than those paid to the same
sawyers in the town of Manchester. The master
sawyers thought proper, whether rightly or not did not
signify to-day, to reduce the prices which they bad be-
fore been in the habit of paying, in order that they
might be able to compete with their rivals in trade in
the adjoiei og town of Manchester. Notice was given
that from and atter that day, the sth of October, the re-
duced prices would alone be paid. This notice natu-
rally begot considerable dissatisfaction on the part of
the working sawyers in the town of Ashton ; they did
not enter into the feelings of the masters who had to
compare their means with those of the master sawyers of
Manchester ; the working sawyers only considering the
diminution in the wages which they had been in the
habit of receiving for themselves and their families.
This dissatisfaction produced what is commonly cared
a " strike" or " turn out." He meant to go over this
parf of the case as shortly as possible, because it was
only material, on the present occasion, in so far as it
supplied the motive for the deed which formed the sub-.
ject of this inquiry. A man named Whitfield, he un-
derstood, was a considerable sawyer in the town of Ash-
ton, and, he believed, a builder too, and ho employed
several hands. Some of his men turned out or " struck"
on account of the reduction of wages; and Mr. Whitfield
was forced to apply elsewhere to endeavour to obtain
hands who should take the place of some of the men
who had struck and ceased to work for him. Two men
were obtained. One of them was named Benjamin
Cooper, the deceased, about whom they were about to
inquire, and the other was James Cooper, his brother, who
would be a witness to-day. These mon worked in Whit-
field's yard. In the yard there was a saw-pit. That pit
was partially concealed by a sort of boarding, intervening
between the road and the place where the men were
wciking, probably for the purpose of making it more
warm for the men to work in. Here he would mention at
once that he proposed to give in evidence certain attempts
by the prisoners at the bar upon days antecedent to
the 11,h of December. Whatever might be his
own opinion with regard to the admissibility of that
evidence, he would not state a single fact, but reserve to
himself the right of proving it under the direction of the
Learned Judge, when the proper time should have ar-
rived. He came then to the 11th of December. About
six o'clock on the evening of that day—probably the Jury
might be of opinion it was a little before six—the two
Coopers were working at the saw-pit in question. Here
he thought it right to state, if anything turned upon the
exact or precise point of time, any person who was at all
practised in a Court of Justice must be aware that no great
faith or dependence was to be placed upon the accuracy
of different country clocks. It was only just towards the
case for the prisoners to remark, that no dependence
could safely be placed upon the accuracy or conformity
of country decks. Even with regard to public clocks,
factory clocks, and church Clocka, for instance, within the
distance of a mile, there might be a difference of five or
ten minutes, so that upon the matter of clocks he placed
no depereleece whatever. However, somewhere about
six o'clock these two men wore engaged in their labour.
Benjamin Cooper was the top sawyer, and he had a lac-
tern attached to his knee, or near his knee, which would
therefore make him an object clearly to be seen. His
brother James was the man in the pit. Suddenly a great
report or explosion was heard." Benjamin Cooper imme-
diately called out for help. He (the Learned Counsel)
forgot who first went to him, but the unfortunate man was
found to be much injured. He reeled; and he was
afterwards conveyed to some distance upon a board or
shutter. Two surgeons wend called in. He was told his
situation, and he exclaimed, " What will become of my
wife and children ?" or some language.of that sort, also
some expressions strongly indicative of pain, such as
" Will nobody, for God's sake, stab me ?" or some phrase
of that sort. He remained in that state till eight o'clock
the same evening, when he died. Upon examining his per-
son it was foued that different slugs had entered his body.
One, he thought, but he did not charge himself with accu-
racy in this matter, had entered the liver, another bad pe-
t:etrated tie spine, and a third was lodged somewhere near
the hip. Of course an alarm was given, and different per-
sons were tsken into custody, and among others a man named
Davies, who would be examined to-day. On the follow-
ing morning a pipe—a sort of metal pipe--was found ;
and he apprehended there would be no doubt whatever that
the prisoners were the persons that used that pipe, and
that it was the instrument which caused the death. It was
a large metal pipe, plugged at one end, capable of holding
a considerable number of slugs, and a considerable quan-
tity of powder, with a touch-hole which had been
drilled for the purpose of communicating with some
train which, when ignited, would set fire to the pipe.
Slugs, or marks of them, were found in the boarding be-
fore described as being a screen or shed which protected
the workmen from the weather. He had mentioned that
a man named Edward Davies was apprehended npon the
charge. He was an accomplice, who was this day to tell
the Jury the history of this transaction. In this part of
the case let him (the Learned Counsel) tell the Jury two
things. In the first place, though an accomplice was, in
point of law, a competent witness, and a Jury might, if
they thought proper, act upon his evidence, yet, in point
of practice, and in point of just and sound reasoning, it
was never right to depend upon the testimony of an ac-
complice unless he received, with regard to hi: story,
from other quarters a confirmation which should erect
his credit, and entitle him to the faith of the Jury, But
there wes another remark which ho wished not es omit in
this place, namely, that when the accomplice first gave
the eccoant of Ills having a knowledge of the transac-
tion, lie did not then state the whole of that which ho
was about to state to-day. According to the beat in-
formation he had, and from the beat attention he had been
able to bestow upon the emits.. he (the accomplice) stated
nothing at all inconsistent with that which to-day he was
about to disclose. But, far certain reasons, as to which
the Jury would have the duty of inquiring, he certainly
did not state nil then which he bad subsequently stated.
1 Ile had thought it necessary to premise these remarks
with regard to the situation in which this man would ap-
pear befee the Court. The question then would be,
whether or no he should be confirmed, to the satisfaction of
the Jury, by other evidence. With regard to that he (the
Learned Counsel) did not mean to enter into minute details
of the small concurring ci,cumstances which were to be
urged upon the part of the prosecution as being confir.

PRICE sd.

mations of the accomplice, lest he should do an in-
jury. He would merely state that that confirmation arose
from previous concert, which he intended to de-
duce, between the two parties charged, from their own
observations and accounts of themselves after the trans-
action, from the explanations they bad chosen to give,
from the declarations they bad made to different parties,
and from their having been seen in the neighbourhood
f the spot shortly after the fatal eked occurred. Ile had
begun with stating that he meant to open this case as
shortly es he was able. All he had to do was to en-
(l.?avour to furnish to the minds ( f the Jury a sort of
index to the evidence about to be adduced. He should
therefore say no mere at present than this, that if, in the
result, they should entertain any reasonable and honest
doubt with regard to the guilt of the two prisoners, what-
ever might be the herror belonging to the deed which
had been committed, they were entitled to the full bene-
fit of such reasonable and honest doubt; but, again, if
they should see any reason to distinguish between the
,area of the two prisoners, and should be of opinion that
with regard to one of them only, the evidence of the ac-
complice was plainly confirmed, and with regard to the
other insufficient, they would of course make such distinc-
tion. But ic after a long trial, for he feared it must be
such, they should in the result feel no reasonable or honest
doubt with regard to the guilt of the two men, in that case,
however painful it might be, they mutt discharge their
duty. The Learned Counsel then proceeded to call wit-
IleSeeS.

James Cooper was the first witness. He said he was a
sawyer in the employment of Mr. Whitfield, aed was one
of the new hands, who came in the place of those who
turned out. His companion was Benjamin Cooper, who
was the top sawyer. [A model was here produced, and
he pointed out the place where he and the deceased were
working at the time.] He knew the prisoner Williams by
sight, and on the 4th December he saw him standing with
a man named Shaw outside the gate. He had passed ke-
veral times before. On the 4th December witness was
alarmed by the...report of a pistol or fowling-piece, as he
and his brother were working in the pit; it was about
seven a' night. Up to the 11th Dec. witness and the de-
ceased worked at the pit. On that day they were at work.
They had just changed " bearers," witness being in the
pit and the deceased on the piece to be sawn. It was then
somewhere near six o'clock. There were two candles in
the saw-pit, one of which witness bad at the bottom, and
the deceased had the other fixed to his right leg. Soon
afterwards witness heard a loud report, something like a
piece of artillery, and the deceased called out, " Oh dear,
I'm killed." Witness could not get up out of the pit he
was so stunned. Both the lights were blown out. A
person named Hadfield came to their assistance with a
light, and they took the deceased to Mrs. Wood's,
the Swan Inn, where he died in two hours after. He was
wounded in his right side, which was the side he bad to-
wards the road. Witness examined the place the next
morning. He found three slugs on the opposite side of
the saw-pit, which were on a line with the place where
the deceased bad been standing.
Cross-examined by Mr. WtextNs—Witness knew the
pri,oner Williams. He lives at Stayley Bridge. Neither
witness nor deceased had any quarrel with him, but on
the 4th December the deceased had treated him.
Re-examined—The treating happened in this way.
Williams and Shaw called the deceased out. They went
to the gate, and the deceased followed them. What took
place then, witness, of course, cannot tell.
James Roscoe, a boy, examined by Mr. Sergeant AT-
CHERLEY, said, that in December last he was in the service
of Mr. Whitfield, and his place was in the shed beyond the
saw-pit. Witness heard a loud report,:iike that of a large
cannon, about ten minutes to six. In three minutes after-
wards he heard Benjamin Cooper cry out. Witness was
rather confused for three or f Jur minutes by the report,
hot Afterwards he went into the saw-pit v.ith Hadfield.
They found the deceased lying there ; there was a deal
of blood upon his head. Also found a lantern. The
next day witness found a slug or bullet in one corner of
the lantern. It was fast in the tallow. There was an
opening in the shed before thie matter linpperied, made by
the boards " lapping over" one another, and the sawyers
could be seen through. The following morning witness
examined the place, and found the place where the
cannon hal been laid. It had left a mark in the
ground, and it was then a few feet from the boards. It
was in a slanting direction. The place where he saw the
cannon was a raised bank, about 18 inches wide, and about
three feet higher than the level of the ground. Wit-
ness was with a man named Mills on the Saturday morn-
ing afterwards, about six o'clock, and Mills found the
pipe. It was about 13 yards from the place where wit.
ness had hefoie seen the mark of the cannon, and was
lying in a slanting direction from it.
Richard Whitfield said he was a timter merchant at
Ashton-unde.r-Lyre, and had taken the deceased and his
brother into his service. There had been a turn-out of
the sawyers. Thirty men struck. On the 11th December
witness heard the alarm made by the report of the can-
non. Found the deceased, and ordered him to he takon
to Mrs. Wood's. Witness examined the shed outside at
eight o'clock, and on the edge of the bank he found small
indentations such as would have been made by a piece of
iron strongly corroded. The impression made a rough
surface. Could not tell whether it was made by a straight
or a curved substance. Opposite to this impression the
side of the shed was torn to pieces. The next morning
witness found a slug in the shed next the saw-pit. A slug
was also delivered to witness by Roscoe.
Cross-examined—Saw the pipe which was said to have
been found, and it was the same which Messrs. Jamieson
said they believed had come from their works.
Lees Broadbent—l am afsurgeon at Ashton-under. Line.
On Friday the 11th December, I was called in to see Ben-
jamin Cooper. He was almost in articulo mortis. I found
he had received several jagged gun-shot wounds in the
right side. His mind was perfectly clear. I told him be
had received a mortal wound, and he said he was convinced
of that. He said that when he was sawing, about six
o'clock, he was blown from the bulk ; but had no suspi-
cion by whom it was done. He mentioned having been shot
at on the preceding Friday. He died about eight o'clock.
One shot had passed between the cartilages of the 9th and
10th ribs ; it proceeded through the liver, and for a short
time I lost sight of it. I found, however, that it went
through the loth and 1 lth ribs, and lodged in the third
lumbar vertebrae. Another bullet was lodged in the hip.
The cause of death was extravasation of blood from the
wound in the liver.

Edward Davis—l am a sawyer. I have lived in Ashton
for 39 years. I was amongst:those who turned out. Soon
after having dono so, I took a csrd from the Society of
Sawyers, of which I was a member, and went on tramp.
Williams is a member of that Society. Hulme is not a
sawyer, and was not a member. Benjamin and James
Cooper were not members. I returned on the 2d of Nc-
vember, and saw Williams in Old-square, Ashton. Our
Society held their meetings at the King's Head. There
were some men with Williams, and they were asking him
about 21. he had had from Oldham. He declined giving
an explanation then. In the course of a few days I saw
him near the King's Head, and he said that he had been
requested to go to the police-office, to own a top-coat. I
asked him whether he had lost one. He said " Yes; but
that he was not likely to own it."
Mr. WlLltris objected to the evidence on this point,
because it had reference to a previous transaction. Malice
coull not be substantiated by proof of an antecedent ci►-
cumstance.

His LORDSHIP ruled that the evidence should be taken.
Witness in continuation—He said he had lost his coat
in a job at Whitfield's house. I asked him what sort of a
job ? He said that they were going to give a blow-up,
and when " Cast-Metal" was about to apply the light,
the watchman came and caught them. " Cast- Metal"
is a bye-name of Hulme's. I said that he had better
leave such jobs alone; for by that means they should
never come tq a reconciliation with their masters. He
said that the " nobsticks" muat be removed, or that
no good could be done. " Nobsticks" are men not be-
longing to the Society, and who work fur under pricer.
I saw Williams again, in a few day% after, at the K'ng's
Head. Meetings of the Society were held there nearly
every day. Thera had on that day been present at the
meeting about 12 or 14 men. When coming out, he
asked me whether I had a brace. I said that I had a
brace at home, but no bite. I let him have it. He then
produced from his pocket about four or five fi!e;, and
said, " There rare the sorts of bits I am going to use."
They were at cne end brought to a sharp edge. In about
a reek after I saw him again. It was the 18th Novem.
her. We had had a meeting at the King's Head. After
the mectiliga was over, some of us went into the tap-
room. Williams made a motion for me and Ralph Ken-
,aorthy to go out. We went. He asked us to go and
have a walk. After having had some drink at the top of
Scotland-street, I thought I would return home, but he
said, " Let tiF, go and see whether these nobsticks' are
working." The road led to three pits, amongst others,
Whitfield's. When we got near them, be said, " Let us
go up her e ; there is Cast-Metal Jack with a cannon up
at Whitfield's."

Mr. Overend, who was, with Mr. Wilkins, for the de.
fence, contended that evidence of former felony could not
be brought forward in order to draw from it an inference
that a subsequent felony had been committed. He re-
ferred to Phillips and Roscoe in proof of his position. The
fact of malice ought to be deduced from the act complained
of, and not from the antecedent act.

The LEARNED JUDGE thought that the evidence was
clearly admissible. It was brought forward ,to show that
the prisoners had such a feeling towards the Oeceased as
might lead them to commit such an act as that c barged.
Witness (in continuation) stated the circumstances :f
the first attempt whcih failed, as according to hie account
etx
the pipe organ would not go off, and then added—The t
time I saw Hulme was on the sth of December, which
fell en a Saturday, when I met him at the Feather's Inn,
Samuel Hardwick and myself were present at the time, and
we were both somewhat tipscy.; between eight and nine
o'clock that night we met Williams and Hulme, when the
four cf us went into Beckwith's public-house; while there
fiulane said he had done nothing yet for the s ttwyers, but
that he would do something for them ; the 11 th of Dec.,
the day of the fatal occurrence fell on a Friday; there were
two meetings of the club at the King's Head that day, one
in the morning and the other in the afternoon ; the cona-
mittoe and others were present at both ; I went there at
half-past two o'clock ; the meeting was held in the garret ;
the boxes belonging to the Society were kept in the same
room. Williams was present, and they were reckoning
up the steward's book when I entered. Aft er the books
were finished, the steward asked could we do nothing
in the of sir of the masters? At that time we hand a sort
of „empromise with the masters; it was suggested by
the meeting that it would be a good thing if we could settle
the affair. I said I had been with the masters, and that
it would be a good thing to have as arrangement made.