The Sun.
London, England, 1841-01-21 00:00:00

THE

EXAMINATION OF THE PRISONERS.

ASHTON, JAN. 18.—The prisoners Paxton, Rowbotham,
and Irving, and another, Joseph Mowcross, since arrested
at Oldham, were this day brought up for examination
before Messrs. Jowett, Lord, and Wright, Magistrates of
Ashton-under-Line.

Mr. Alcock, superintendent of police, stated, that the
four prisoners now before the bench were apprehended
under warrants, charging them with having on the 30th of
October, with other sawyers of Manchester, conspired to
injure and oppress the master sawyers of Ashton in their
trade.

Benjamin Goldthorp being called, said that he was a
master sawyer ; that early in the month of October his
hands had turned out. Garland (the man murdered) was
one of those whom he afterwards got to work for him,
and he continued with him up to the 31st of October. lie
frequently saw the turnouts
.passing his timber-yard, in
bodies of from four to twelve. He saw none of the pri-
soners now before the bench amongst them, but Mowcross
was one of a deputation appointed to meet the master
sawyers.
Peter Keogh said that be was a sawyer, working for Mr.
Cowley, of Ashton. He had worked for him seven or
eight weeks, and jived in Manchester. On the 31st of
October he went there with his brother, Patrick Keogh,
and his nephew, James Keogh, John Marcy, and Thomas
Garland. They were on their way from Ashton to Man-
chester, when they were met, between the hours of four
and five o'clock, about a quarter of a mile from the Ash-
ton Church, by from 12 to 15 men coming from Manches-
ter, and who commenced beating them with bludgeons,
because they were not members of the union.
Cross-examined by Mr. Foulkes—l could only recog-
nize one man, named Roberts. He stepped up, and
struck my brother on the left eye. I interfered, and
prevented him. What took place after I cannot tell. I
thought it best to make my escape. A man followed
me. He struck me with a bludgeon. I don't know him
now. I saw only one stick. Garland was mortally
wounded. The men with me were sawyers not in the
union: I know the man who struck my brother, and no
other. He was the man who came into Stone's yard.
His name is Thomas Roberts. I have known him for
five years back. There was light enough for me to
see half an hour after this took place. I have seen three
of the prisoners before, but they were not present. I have
always had a great esteem for them, and they for me. I
mean Rowbotham, Paxton, and Irving. Ido not know
the other man, Ido not know that they belong to the
union. I had not time to recognise any of the parties on
wasT talosma
wa Thomas
eßr.o t t eHr flee lwdorskaei
dd
for
re livedrs .
the loads, but believe the prisoners were not there.
ae rn ,e
haensd.
Horner,
ter, who was a cabinet-maker and timber-merchant. He
was top-sawyer, and Patrick Lenand was his partner.
They were not in the union, and had not been for four or
five years back. On the 31st of October they were at
work, and at seven o'clock in the evening two men came
to them and said, Patrick Lenand must go to the Smith-
field Tavern, as he was wanted there. He went on to
state otl.er particulars, involving coercion and com-
bination. When his examination in chief, and cross-
examination was brought to an end,
Mr. Foulkes, the professional advocate of the prisoners,
addressed the Bench, and contended that his clients had
infringed neither against the statute or common laws of
the land, for, by the 6th George IV., sec. 4 and 5, he
held that their proceedings came indisputably within the
recognised limits of the law. Every man had a right to es-
timate his own services, without certainly resorting to via-
lance, and such was not the errand of the prisoners. Upon
the very evidence of Butterfield they were entitled to an
acquittal, for, according to hia own showing, what the de-
legates were sent to do, they were instructed to do it
civilly. If the delegates bad rambled to the King's Head,
or 500 other houses, or committed any acts of violence, his
clients could not be considered responsible beyond the
authority they had given.
The prisoners were finally ordered to find bail, them-
selves in 1001., and two sureties in 501. each, to answer
an indictment at the next assizes for illegal conspiracy.

HORTICULTURAL SOCIETY.—The fist ordi-
nary meeting for the present year was held on Tuesday
afternoon, Dr. Henderson, V P., in the chair. Numerous
presents were announced. The meteorological register
kept at the gardens since the last meeting, from December
7to January 19, gave—barometer, highest 27th Dec.
30.644 inch, lowest 11 th Jan. 28,864 inch, making a range
within a fortnight of II- inches ; thermometer, highest Ist
Dec. 56. F. ; lowest 7th and Bth Jan. 6. F. ; and quantity
of rain 2.68 inches. Sir F. Pollock, M. P. was admitted
Fellow, and the meeting adjourned to Feb. 2.