The Sun.
London, England, 1848-12-18 00:00:00

THV SUN, LONDON,

hots were bound over to give evidence. They now pro-
duced a paper signed by the prisoner in the tiame of
" Richard Hunter," certifying that they had bought the
pony of him at Leek fair; and this was witnessed by
Thomas Burrows, a public-housekeeper, in whc )be house
the bargain was made. Burrows was called, and he, as
well as the Abbots, identified the prisoner as the person
who sold the pony. The pony was stated by the groom
to be worth 13/. or 141.
Mr. Rayner, the superintendent of police at Sheffield,
spoke to taking the prisoner into custody and sear thing
him. He was dressed as he then was, and had no smock-
frock about him.
This witness was cross-examined by the prisoner as to
his dress—whether he did not wear a smockfrock , and
whether be had not it in gaol with him, and had it not
then on? To all which questions the police superintendent
gave a positive answer in the negative; when the prisoner
deliberately threw off his jacket and waistcoat in the
dock, and let down his smockfrock, which was tucked
under them, to the astonishment of the superintendent,
and the great amusement of the Court.
His LORDSHIP—You see, Mr. Rayner, you most not
be too certain of anything.
The witness acknowled himself " beaten" this time.
His LORDSHIP suggested, that it would be a good thing
to catch some of these thieves and make police-con-
stables of them.
The prisoner then entered on his defence. He said,
he had employed no counsel, because, as he was innocent
he might, he thought, defend himself. He then, in a
most amusing an'l shrewd way, went on to say, that it
was all a mistake about him. He was dressed in the
smockfrock, and Another man like him had been m;:staken
for him. The horse-dealers and the publicans were
leagued together to dispose of stolen horses by the trick
theyolks
,h
wa d h
y did attemptedthe thatAb b day. Abbots
buy
Ifo theyf him were o
ny,
such
as honestthe
f
said, for 51., and Burrows witness the bargain, andy
offer to sell it for 71. 10s., when it was proved to be
worth 13/. or 14/. ?

His LORDSHIP—There is something in that, certainly.
His Lordship having summed up,
The jury Acquitted the prisoner.
Mr. Justice MAUDE, addressing the prisoner, said,
You seem to be a sharp kind of person; but the very
cleverest thing you ever did in your life will be to leave
off such practices. You have had a fortunate escape, as
there was a previous conviction against you."
The other cases tried in this court, and also before
Mr. Baron Platt to-day, have been of a very trivial cha-
racter, excepting a charge of manslaughter, which was
not concluded at a late hour.
Dec. 16.
CROWN COURT.—(Before Mr. Justice MAULS.)
To-day was fixed for the hearing of rape cases, the
particulars of which are unfit for publication.
At the close of the day applications were made to fix
a day for the hearing of the Chartist cases.
His LORDSHIP refused to fix any day, but it is under-
stood they will be arranged to be taken on Tuesday next.

(Before Mr. Baron PLATT.)
Thomas Hudson, Henry Colton, and James Busfield
Lonystalf, were indicted for having, on the 18th of
October last, at the borough of Leeds, feloniously and
violently assaulted Hudson Sumptner, and stolen from
his person 301. in silver, the property of John Shackleton
and another. _

Mr. Hall and Mr. Hardy appeared on the part of the
prosecution ; Mr. Dearsley defended the prisoner Lang-
staff, Mr. P. Thompson the prisoner Hudson, and the
prisoner Colton was undefended.
It appeared, from the statement of the various wit-
nesses that Messrs. Shackleton and Co., corn
millers at Leeds, were in the daily habit, in the course
of their business, of taking a quantity of silver, which,
in order to dispose of; they sent every morning to
Messrs. Marshall's factory, in Hunslet, near Leeds, to
be used by them in the payment of wages. They
were in the habit of sending the amount of silver taken
by them each day between nine and ten o'clock every
morning to Messrs. Marshall's by a little boy. It ap-
peared that this had become known, and the boy had
been watched, and on the 18th of October last the boy,
Hudson Sumptner, on being sent, as usual, with 301.
worth of silver in a blue bag, was suddenly set upon by
three men, in Hunslet-lane, knocked down, and robbed of
the money he carried.
The witness Hudson Sumptner, a little boy twelve
years of age, stated these facts—that he worked at
Messrs. Shackleton's mill, and on the day in question
was sent as usual between nine and ten o'clock in the
morning to Messrs. Marshall's factory, with a bag con-
taining 301. in silver; that when he was three parts up
Hunslet-lane he was set upon by several parties, struck
down by a blow on the eye from behind, and held down
until the bag of silver was carried off. The man who
knocked him down co►ered his eyes, and he could not
see who he was. _ _ _

--- •
A little girl, going to school, stated that she saw the
last witness knocked down by the three prisoners, one
of whom ran away with a bag.
Two boys who were called stated, that they also saw
the same thing, and one of the prisoners run away with
a blue bag.
Another witness, a publican, stated that Longstaff
had offered him a ss. in silver for a 51. note the day
after the robbery.
The respective counsel having addressed the jury for
the defence,

His LORDSHIP Summei up, and
The jury found all the prisoners Guilty.
Verdict—to be transported 15 years each.
The other cases tried in this c curt to-day were devoid
of any interest. .

Lirerpcol, Dec. 15.
(Before Mr. Baron ALDERSON.)

THE CHARTIST RITIERS AND THE MURDER AT ASHTON.

After our parcel had been dispatched on Thursday,
some further evidence was taken on behalf of the pro-
secution.

William Parker gave n similar account of the attack
on Bcight to that given by the preceding witnes,'. On
cross-examination he said, " John Latimer fetched me
out that night. When w 2 got out he said he expected
every town in England would be up that night, and if
when vr:, were out we did not stay out we should be
shut. There were arms at Latimer's house, and we
went there."

Richard Winterbottom is the brother to Wm. Winter-
bottom, and lived at Dukinfield. Early in the morning
atter the murder he was knocked up by his brother,
Radcliffe, Latimer, and Sigley. They were all armed
, except Sigley, and Radcliffe had a pistol in his posses-
' sion. Next morning heard Radcliffe say it was a bad
job Bright was shot. His brother asked if they might
be allowed to stay there. Sigley and Radcliffe remained
until nine o'clock at night on the 16th. His brother
and Latimer went away the same night. Radcliffe went
away in a jacket belonging to the brother of witness.
Sigley went away also in disguise. They had all ball-
cartridge except Radcliff, who had powder and ball
separate. They gave it to witness, and he threw it
away in the garden. There were fifty or sixty. When
Radcliffe was leaving the house, witness asked him if he
knew who it was that shot Bright? He replied—
" That's best known to myself."
Joseph Armitage deposed, that a man of the name of
William Winterbottom was amongst them. Winter-
bottom had a velveteen jacket on, and witness saw him
on three different days rubbing and scrubbing his jacket
at a window. Witness kre v the jacket. Winterbottom
was taken about the 6th of December. The prisoner,
Radcliffe, was taken on the 19th of September. Both
prisoners were put into one cell. Heard Radcliffe tell
Constantine, " I never shot him, but I stabbed him."
Cross-examined by Mr. POLLOCR—I was at the time
in the lobby of the cells. I had been walking there for
an hour. They must have heard me; and I sometimes
stood between two of the cells for the purpose of listen.
ing. I then went up to Mr. Newton. 1501. reward was
offered for the apprehension of the murderer of Mr.
Bright. I never gave a statement upon oath relating to
this until to-day.
By Mr. CROMPTON—I searched the Ocean Monarch,
outward bound to Boston, in August last, in the
river. I found Radcliffe concealed amongst some timber
in the hold. He was covered with timber, hay, and
some coals. It was dark, but I saw him from the bright
nails in his shoes. He (prisoner) was asked when he
was at Ashton. Ile said he knew nothing about Ashton.
A police officer stated that Constantine was appre-
hended soon after the shots were heard.

Drs. Lees and Campbell inspected the dead body of
Bright at a post mortem examination, with another me-
dical man. There was a wound outside near the
right nipple. The wound passed downwards, and the
ball had passed out at the same side behind. The
edges of the wound were driven inwards from the chest.
The shot might have passed from the chest out at the
back, The wound might have been received by the
deceased while stooping. There was also a wound, ap-
parently from a pike, through the thigh. The wound
in the chest would produce instant death. The wound
was produced from a hard substance, and the bore of
the gun must have been an inch in diameter.
the ball
Cross-examined—A button was wanting on the coat
said to be deceased's. It was the right button, and from
the part
other4o ro haerd loins.
missileT. he button was knocked off by
ball or (as witness thought), and was indented by the
bring witness
The
au?: re.oLoiLdLeorcedit
that that
ATTORNEY-(x` said, he would, if required,
of it. es to speak to the button, and to the finding
to recall a witness, but his Lord-
Mr. Pola.ocx recalledpoueAe nu
Mr. Pollock relinguishaetds.iel!tness was an accomplice, and
:taylor. She said she
is request.
coat in a room in her
181: fired as from a gun.
found the button of a
house, just after she heard coat
indented inside (or
uhpoaliyevaerballbfrom a gun.
She produced the button, and its
about the dis-
eneral him-
appeared to be so) as if driven,
There was something, curious
figurement of the ball, which the Attorney!
self admitted to bo somewhat remarkable.
This closed the case for the prosecution.
Dec. 16.
On the opening of the court,
Mr. Pommel( addressed the jury for the prisoner& me
observed that some advantage had been gained by the
delay of the case from the preceding night, and he had,
upon a consideration of the case, come to the conclusion
to offer no evidence on behalf of the prisoners, but leave
the matter as it stood on the part of the prosecution for
the consideration of the jury. He should be able to
show them that it was not a case in which the jury
could, beyond reasonable doubt, come to the conclu-
sion that either one or both of the prisoners were
guilty of the charge brought against them. One of
the greatest difficulties he had to contend with was,
that the murder charged by the Crown was alleged
to have been committed by the prisoners, who were
assembled with others in pursuance of that which he
was not there to deny might have been an unlawful
purpose of some kind. It could nut be denied that, by
some person on the night in question, the deceased met
with a most cruel death; but he would undertake to
show that such death was not caused by either of the
prisoners. There was no previous concert as to violence
intended to be committed upon the unfortunate de-
ceased, or the force of which he was a member;
end, 111019egh there might have been ti concert and

a combination, it was merely one of those displays of
physical force so often exhibited, which might do much
mischief and could do no good. The men were not
out to do violence to any one they might meet with
on that occasion, and he would be able to show that
the death of the deceased was not caused by a wound
inflicted by either of the prisoners, but that it was the
act of some other persons. The Learned Counsel then
remarked upon the evidence given by Macklin, Parker,
Latimer, and Wrigley, whose testimony ought to be re-
ceived with suspicion, as they were, to a certain extent,
accomplices. Those witnesses only agreed in ono point
—that the shot was fired from the direction of Old-
street, and that Bright was facing towards Stamford-
street, and that his death must be attributed to one of
the body of men who came in that direction. It would
appear, however, from the evidence of other and more
respectable witnesses that from the position in which
Bright was standing with relation to Radcliffe, the shot
which killed him must have been fired by some person
wbo was nearer Old-street than Bright was at that time.
The place where the shot was found was also favourable
to that view of the case ; besides, the wound was said to
have been inflicted by a gun, while Latimer said Rad-
cliffe fired at him with a pistol. There was no evidence
to implicate Constantine in the transaction, as it was not
shown that he was at any time during the proceedings
in possession of any weapon whatever. He had un-
doubtedly made a prisoner of Bright, but that might be
merely to protect himself from the violence of Sigley, or
some other of the persons who were there at the time.
His LORDSHIP, on referring to his notes, said, it was
a question whether there was any evidence against Con-
stantine at all.

Mr. POLLOCK then proceeded to remark on the evi-
dence of the accomplices, which ought to be received
with caution, as they would naturally be inclined to ex-
culpate themselves, even at the expense of others. He
concluded by calling attention to the evidence as it
affected Sigley. It was he who had taken a most active
and decided part throughout the whole transaction, and
it was to him the evidence pointed more directly than it
did to Radcliffe as being the person who had committed
the act charged against the prisoners.
After a consultation with his brother counsel, Mr.
PoLtoca said, that at the request of the prisoner Rad-
cliffe he should call a witness to prove that he was not
the person who piked Bright at the time he was_so
wounded and before he was shot.

James Matley was then called—He said he was a
blacksmith at Ashton. On the night of the 14th of
August was at Grundy's Concert-room, Stamford-
street, and left at a quarter-past eleven o'clock. Went
down Stamford -street and to the corner of Bentinck-
street, where he joined two men, Martin Haigh, and
Taylor, a policeman: Some persons came down Ben-
tinck-street, and Taylor went away. While standing
there a party came down Stamford-street, and Taylor
went to them, when one of the men cried out, " Here's
a policeman—fire." One of the men levelled his gun,
but it did not go off. Another said, " Fire, fire—sharp,
sharp." Taylor ran down Stamford-street, and the mob
after him, and after that a few more people came down
Bentinck-street. In the middle of Stamford-street saw
a man picking up his hat, and found afterwards it was a
police officer. Went nearer and saw it was Bright. He
said to the people, he did not know what harm he had
done that they should abuse him in that manner. One
said, " Go into some house," and Bright said," No, that
is not my duty. We are the men put to keep the peace
of the country." There was a man near him with a
pike, and he said, " You d-- b--," and ran the pike
into him. That man was not Radcliffe. He had on a
dark coloured coat, and dark whiskers, bushy at the
bottom. Bright laid hold of the pike with one hand,
and was turning round, when the shot struck, him, and
he fell immediately. Saw the persons go away and leave
Bright. While he was there he did not see Radcliffe at
all though he knew him well.
Cross-examined by the ATTORNEY-GENERAL—Heard
two reports of firearms, besides one which missed fire.
Did not know that Radcliffe was a captain of the na-
tional guard, or that Constantine was. Witness was a
member of Stephen's band. Did not see a man who
got his hand cut with the pike. Could not say which
way the report came from; but it was too loud to be that
of a pistol. _ _

Re-examined—Did not see Radcliffe there that night.
Martin Haigh, a hatter at Ashton, deposed to being
with the witness Matley on the night of the murder. He
was in the street where the mob was, and saw Taylor,
but did not see Bright. Heard two shots fired, and 2aw
a flash, and shortly afterwards heard of a police-officer
being shot. Witness was knocked down by the butt-end
of a gun.

The ATTORNEY-GENERAL replied. He contended,
from the general tenor of the evidence, that it was clear
the prisoners were present on the night in question; and
though there might be no previous general organization
to murder the deceased, tho leaders might have come to
such a determination. The shot which killed Bright
came from the higher part of Bentinck-street, Bright
standing below it; and it was a mistake to suppose that
he was at the time facing Stamford-street. He then
went over the evidence, and reconciled what ho con-
ceived to be soma apparent discrepancies, observing,
that the case was complete, at least as to the guilt of
Radcliffe.

The Learned JUDGE then summed up the evidence,
explaining the law of the case as it affected the prisoners
at the bar. The question was not who shot or who did
not shoot, but whether It tdcliffe was aiding and assisting
the man who did shoot by his presmee ? If they were
satisfied that the shot was fired by Radcliffe, or any
other person, and that Radcliffe was aiding and assisting
in the commission of the offence, he was guilt.), and so
was Constantine, and others who were there so aiding and
assisting. And if the act was committed by a third party,
and not by either of the prisoners, then they were guilty
participators in the act of that .third party. Constantine
had very properly baen withdrawn from the case, and it
was not shown the act was committed by him, or that
he had any participation in it. It was clear that the
people were out for some common purpose, but
whether to kill all persons who should oppose them
was not clear. If it were shown that all those
persons had a common purpose of killing the
police who were out, then would they be all
guilty who participated in that common purpose. There
was another question for the consideration of the jury.
They must see how far the evidence against Radcliffe
sa!isfied them that he was the man who shot Bright
himself; and if not satisfied that he did the deed, the
question would be, whether ho did any acts showing
that he had a common purpose with the man who did
shoot him. his Lordship then reviewed the evidence at
great length, calling the attention of the jury to those
points which most materially affected the prisoners at
the bar.

The jury then retired, and after an absence from
court of about an hour, returned, and breathless silence
immediately prevailed.
The Clerk asked in the usual form, was Joseph Rad-
cliffe guilty of the charge?
The Foreman—Guilty; but we strongly recommend
him to mercy, as Bright, the policeman, did not fall by
his hand.

Mr. Baron ALDERSON then put on the black cap, and
passed sentence upon the prisoner in terms somewhat to
the following effect:—Joseph Radcliffe, you have been
found guilty, I cannot but think on very clear evidence,
of the crime of wilful murder. The jury have recom-
mended your case ti the merciful consideration of the
Crown. I shall transmit that to the proper quarter. In
the mean while it is my painful duty to tell you what
your fate will probably be. You have been found guilty
of an offence against a totally unoffending man. Yours
was not the hand that fired the shot (ot that I am per-
fectly satisfied) that killed the deceased; but then you
fired a pistol, :and though it did not hit the person at
whom it was aimed, you had before attacked him, cruelly
attacked him, with a pike; all which circumstances
show me that, in the passion and violence of
the moment you were not mindful to remem-
ber your duty to God and your duty to man.
And so it will always be when men like you enter
upon a course of this description. You place yourself
at the head of a body of individuals armed against the
law and the constitution of the country. Being the cap-
tain, it behoves you, you think, to show that you have
spirit above your compeers; and so, whenever anything
violent is to be done, the leaders fortunately are se-
lected to do it. So it has always happened—so it will
always happen. Men in such positions cease to remem-
ber their duty to God, and their duty also to their
neighbours. Yours is a fearful instance of the conse-
quences of violent political agitation upon the lower
orders of society—an instance which, I fear, will re-
quire severe punishment. You will have, at all events,
a much longer time than you allowed to that unhappy
man Bright to prepare for a change. You sent him to
his account without being prepared. We will hope that
his lamp was burning, and that you have to answer
merely for his death, not for the loss of a soul eternal.
We will hope that, but we cannot be assured of it.
We cannot know what the consequences of
that dreadful act of yours were towards that
unhappy man. You yourself will have a longer
time to prepare ; you will have the means which
the humanity of the law and the constitution will award
to you. I beseech of you to amend, to forget not that
now you are on the verge of eternity, only a few short
hours will pass till your life be forfeited. After several
similar exhortations his Lordship said, I will send the
kind recommendation of the jury to the Crown. It
rests with them. I have nothing further to do with it,
as soon as I tell you what the sentence of the law is.
It is not my sentence; it is that of the law, and I am
merely its instrument to declare it. The sentence that
the law affixes to your crime is—that you be taken hence
to the place whence you came, thence to the place of ex-
ecution, and there be hanged by the neck till you are
dead, and that your body be buried in the precincts of
the prison in which you shall be confined after your
conviction. This is the sentence of the law. I have
now discharged my duty. May God Almighty, may
the Holy Blessed Saviour, that most worthy Judge of
have
vlhal
e,iv
tehpst
leurmeiffsoveeonrerners
prisoner's
notnnwi
fe your. to
soul. be k ept from him. May the Lord
His Lordship's sentence was painfully interrupted by
the sobbing and weeping of a woman in court, said to be
'Flie prisoner himself betrayed no emotion whatever,
and,after addressing a few words to his solicitor, was
removed from the dock.
s-enniT'abltages
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CONSPIRACYBc AT ASllTON.—Pending the delivery
The ATTORN bail,theo b lastswtreur
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determined to proceed against only eight of the pri-
soners for felony under the late Government Security
Act; the entering into
of on
the prisoners
others,
Two o r
three
ni-
twett;
uhbereee.p:dro p,e;v,rerrroei;ec
heir
zances, might be discharged
own recoguizinees iu IGOI, and w
to keep the peace for two years, and to appearues' and plead‘i'
to the charge whenever they might be called upon; the
others (in more indigent circumstances) were allowed to
depart on the diminished security of their own recog-
'gauges 3 50/• and t 199 ouretio is 254 each, The par.