The Sun.
London, England, 1867-10-04 00:00:00

TBE SUN. LONDON►. FRIDAY EVENING, OCTOBER 4, 1867.

learned counsel then entered into a lengthy review
of the evidence which had been adduced, contending
that it was of an unsatisfactory character as to iden-
tity, many of the policemen who were present at the
attack not having been called upon or being able to
identify prisoners. The Bench must be satisfied
with evidence against these men individually, and
not rely upon adventitious circumstances or the state
of public feeling. He asked that the evidence of the
respectable witnesses he would call should be consi-
dered fairly, carefully, and dispassionately. If the
alibis were proved, do not let it be said they were got
up, that they were a fabrication and conspiracy, be-
cause every truthful alibi was liable to the same im-
putation. He asked that, above all, the importance
of this matter with these men should be considered

—men of excellent reputation, and belonging to
different classes of industry, but whose character
and even existence depended upon the issue. They
had seen men in that box day after day presenting
the humiliating spectacle of British subjects in irons,
against whom there was not a particle of a case, and
whom the Bench had been obliged to discharge.
r. Fowler—There have never been irons upon
them, they have been handcuffed.
Mr. Cottingham—l am at a loss to perceive the
distinction. I thank God I have never felt a touch
of handcuffs, but there is something horribly iron-
like in their look, and if these poor fellows were
asked, I think they would tell you that the iron had
entered into their souls as well as into their bodies.
I must say—since I have been interrupted by the
Bench—that it is the first time in civi.ised English
history that we have seen British subjects brought
up for their trial in irons or in handcuffs, and tried
beneath the bayonets of the military.
Mr. Fowler—That is not so. The Liverpool
pirates were tried in irons in the Queen's Bench.

_
Mr. Cottingham—That, sir, was an exceptional
case.

Mr. Fowler—So is this.

Mr. Cottingham—They were Americans, I think.
That is a different case altogether. lam glad, sir,
you have found a precedent—a precedent, but not a
justification. I must repeat it, and I trust it will
have some effect upon your judgment, that you have
had men here day after day—if you object to the
word " irons" I won't repeat it—and whom you
have been obliged to dismiss from want of evidence.
And, sir, I should have been glad when you did dis-
miss those persons if you had accompanied that dis-
missal with some expression of regret for the injury
they had suffered. Mr. Cottingham concluded by
a further appeal to the Bench, and particularly to
Mr. Fowler as the responsible magistrate for impar-
tiality and mercy.

Mr. Bennet (solicitor) then addressed the Bench

for his clients, Kennedy, Maguire, and Ryan. He
said, in answer to the Bench, he was going to call
witnesses. Before he addressed himself to the case,
he would take the opportunity on behalf of himself
and his clients to thank Mr. Fowler for the kindness
and patience which he has shown in investigating
this case. He thought it was a duty he owed to the
Bench to thank them for this kindness, shown to
himself and those whom he represented. He then
proceeded to review the evidence as it bore upon his
clients, calling the attention of the Bench to the fact
that many persons had given evidence whose testi-
mony was not to be relied on, taking into considera-
tion the fact that revolvers were being fired in all
directions, and also the general disturbance, which
would render it impossible for a witness to give a
trustworthy and reliable account of what happened.
Mr. Roberts (solicitor) then addressed the Bench
on behalf of his clients. He said-1 trust my trouble
to you will be short. Many of the subjects which
belong to the case have been exhausted by my friend
Mr. Cottingham and others have been treated with
lucidity and fairness by Mr. Bennet. There is very

little that I can add to the general topic upon which
they rest; but there are a few remarks which I
think it my duty to make, and to which you will
not be unwise if you listen with such respef3t as you
think lam entitled to. This case is opened as one
of murder. Whether it is so or not will not be for
this Court eventually to decide; but, at all events,
there are some features belonging to this unhappy

case which remove it a long way from the ordinary
description of murder, and to which, therefore, it
is well we should all direct our attention. Clearly
in this case there was no malice. Clearly in this
the person who took the life of poor Brett had no
malicious intention against him. Avoiding all poli-
tical allusions, the whole of it was, as spoken to by
one of the witnesses, an attempt to rescue two per-
sons who were supposed to be or were known to be
in the van. That object to rescue was stated by
one of the early witnesses, and I hope that such
faith as belongs to that designation of their object
will be in my favour. I cannot pass over poor
Brett's name without a word to his memory. I
have been here for many years, and on all occasions
have received from him constant and unceasing
civility, kindness, and justice. Every person that
knew him must feel sorry for his death ; all who had
to do with him must feel more than sorrow. Amid
much of interruption and much of cruel opposition
which I had to meet when I first came to Manches-

ter, I always found that man faithful to his duty as
a man, giving me every facility he could, always
_ _

with kindness of manner and of voice that must
have endeared him to all who knew him.
Peace to his memory. Now, sir, there is a sub-
ject to which I will direct your attention. You
heard from one of the latter witnesses what in

fact was clear from the evidence given by all the

witnesses, but which I thought it right to draw out
specifically from one witness in particular, that there
were a number of persons there who were mere spec-
tators, and who did nothing, and who manifested
no feeling whatever, and who, neither one way nor
the other, had any sympathy with the attack. It
was one of those three days in the week on which
the gardens at Belle-vue had particular attractions
more than at other times. This fact will be clearly
established that there were numbers of persons active
in the rescue and attack who are not here present,
and it is exceedingly possible —nay, there is some
probability—in the supposition that a large portion
of the injury and outrage was done by persons who
_ _

are not before you. The death of Brett was the
work of an instant. Those who have seen the van
can see that, although the damage is clear and in-
cisive, it would not necessarily involve the labour of
a large number. Persons, knowing an outrage had
been committed, seeing there are persons exhibited
to them not as being the persons, but as likely to
have been the persons, andl these so exhibited
being at all like those who are not here, the tendency
is very strong—l do not say irresistible—to believe

that those exhibited are those who committed the
outrage. I think it right again to protest against
the handcuffs—not for the cruelty, wickedness, or
insult to the general justice of the country which it
involves, but because it deprives the men of that
protection which the law gives to the party accused.
The law says the prisoner shall be here. Suppos-
ing, for the sake of giving a jocular illustration,
that it should be decided by the Bench, that he
should come here with closed eyes, or bandaged,
could it be contended that he was " present ?" One
of the most distinguished men in this city said to
me the other night, " For myself, I am unable to
perform the act of thinking, unless I raise my
finger or my hands as I am doing now. If I am
chained, therefore, I am unable to think so as
to give me the power of writing." He went on
to say that he would almost rather any other part of
his body were restrained than his hands. I do not
see how it can be maintained for a moment that a
man who comes here under such a deprivation can
be considered as present before this court. Mr. Ro-
berts continued his address at great length, review-
ing the evidence given against his clients, complain-
ing of the reluctance with which the bench had
acceded to any proposal to give time for the defence,
also of the bias displayed by some of the witnesses,
and expressed his rejoicing that Mr. Ernest Jones
had thrown up his brief under the circumstances.
He acknowledged the fairness with which Mr.
Higgin had conducted the prosecution. But with
regard to the magistrates, he had been obliged to
force them to give them the delay he required for
the preparation of his defence. lie cried shame on
all concerned in this. If be had not succeeded in
obtaining this delay of half a day, the blood of his
clients might have been on their souls.
Mr. Cottiugliam proceeded to call witnesses.
William M'Connell sworn—la a chairmaker in

Cable-street. Knew the prisoner Brennan. Was in
Cable-street on the afternoon of Sept. 18 about a
quarter to 4 o'clock, and saw Brenn an there. Was
going to look at a clock. Saw him again at 5 mi-
nutes past 4 in Mason-street, Rochdale-road. Had
known him two years, but was no relation and was
no acquaintance. Did not speak -to him.
By Mr. Higgin—Was going to look at the clock
at a publichouse to see if it was 4 o'clock, that he
might get back to tea. James 16ayman and John
Gallagher were in the shop he worked at when he
returned the first time.
By Mr. Cottingham—Had only spoken to him
once or twice.
Hurst, policeman, said he took Shore into custody
about 5 o'clock in Prussia-street. The prisoner ran
away. He overtook him and struck him on the side
of the head. It was on the 18th.
Ralph Potts sworn—Lives at Ashton, and is a
pavier. The prisoner Johnson was one of his la-
bourers, and was at work for him on the 18th,
between Gorton-lane and Cross-lane. There were
other men working with him. He began to work
at 6 in the morning, and was never out of sight of
witness till he left at half-past 6 at night.
By Mr. Higgiu—The place of rescue was over a
mile from where Johnson worked. Gorman, Mac-
manus, Bridge, and Broadhurst were his fellow-
workmen. Heard of the rescue about 5 o'clock.
James Macmanus sworn—Worked with Mr.
Potts, the last witness, and fetched Johnson to
work in the morning. He continued to work with
the prisoner till 6, and went home with him by train
to Ashton that night. He never lost sight of him all
day.

By Mr. Higgin—He lives in Fleet-street, Ashton,
and has a wife. He lives with his mother.
Charles Bridge, another workman for Mr. Potts,
said he worked with Johnson all day on the 18thof
September at paving. He was in sight of witness
all day. They worked all together.
By Mr. Higgin—The work they were doing was
for the Gorton Board of Health. Mr. Lomas was
their timekeeper, and took down their time about
half-past 4 that afternoon.
Michael Sardevan sworn—Lives at Ashton, in
Wood-street. Knew Johnson, and was working
with him on the 18th of September. They began
working at 6, and left off at half-past 6. Went
home with him at night to Ashton.
Mr. Higgin—Mr. Lomas is timekeeper, and came
after 4in the afternoon. Johnson was arrested in
this court, having come to prove au alibi for an-
other prisoner.
Thomas Gorman sworn—His master was Bob
Jeffries, and witness worked with Johnson all day.
They left Ashton together, and returned together
by train at half-past 6at night. The prisoner was
never out of his sight.
John Broadhurst, another of the workmen in the
same employ, fully corroborated the evidence of the
last five witnesses.
Mr. Roberts asked if he could have a summons
to bring the timekeeper into court to give evi-
dence, because he took the time of those men a little
after four.
Mr. Fowler said the timekeeper was out of his
jurisdiction.
Mr. Roberts asked if the Court would bind the
witnesses over to the assizes under the new Act, and
Mr. Fowler assenting, they were again called into
court and formally entered into recognizances in the
required form.
Mary Bird, a jack-tenter in a cotton-mill, said
she had known Brennan as long as she could re-
member, and he had been living in the same neigh-
bourhood all that time. He was a respectable,
decent character. Heard of the attack on the van
at 6 o'clock. Was in Oak-street at 20 minutes to
4, and at 10 minutes past 4, and saw Brennan both
times. She had been to look at some bonnets in
Oldham-street. Knew the time, because she looked
at M'Kerrow's clock as she went and as she re-
turned.
The case for the defence was proceeding when our
re port left.

'IHE METROPOLITAN POOR LAW ACT.

DEPUTATION TO THE POOR LAW BOARD.

Yesterday afternoon au influential deputation,
consisting of ratepayers of the West London Union,
waited upon the Earl of Devon at the offices of the
Poor Law Board, Whitehall, << for the purpose of
protesting against the introduction of the powers
vested in the Poor Law Board under the Metropo-
litan Poor Law- Act, by which the integrity of the
City proper is threatened." The deputation was
accompanied by Alderman Sir James Duke, Mr.
Crawford, M.P., and Mr. Alderman Lawrence, M.P.
Sir JAMES DUKE briefly introduced the deputa-
tion, observing that the proposed annexation of out-
lying parishes to the city unions was generally
looked upon as an extremely objectionable measure.
Mr. CRAWFORD, M.P., addressing the noble earl,
said he had not accompanied the deputation as a
matter of form and because he was one of the mem-
bers for the city, but because he bad inquired into
the circumstances of the case, and had come to the
conclusion that the objections to the proposed mea-
sure were well founded, and entitled to the serious
consideration of her Majesty's Government. The
question was one which was exciting a strong amount
of feeling in the city; not only in the West London
Union, to which it was proposed to annex Clerken-
well, but in the East London Union, to which it
was proposed to annex St. Luke's, Old-street.
Upon broad principles these unions objected to being
annexed to outlying parishes. The administration
of relief was admirably conducted in the West Lon-
don Union, but he believed if it were annexed to an
outlying parish having separate interest endless
complications and disputes would be the result.
The Earl of DEVON said that with the view of
removing misconception he wished to state that the
Poor Law Board had not intended to arrive at a
decision on so important a question without hearing
what was said on both sides.
Alderman LAWRENCE, M.P., after observing that
the deputation represented not only the West Lon-
don Union, but the entire of the inhabitants of the
City of London, stated that joining a parish in the
city to one outside was the same as joining the union
of one county to a union in another, for to all in-
tents and purposes the City of London was a county
in itself. The city members had not offered any
opposition to the bill, because they thought it would
be a benefit to the poor, but they now joined with the
ratepayers in opposing a measure which they be-
lieved was highly prejudicial to the interests of those
concerned.

Mr. WOOLTORTON, the chairman of the rate-
payers' committee, then addressed the noble Earl at
great length. He said the inhabitants of the West
London Union considered the proposed measure
part of a scheme of centralisation, and an attack
upon the municipal privileges and functions of the
city. They objected in the strongest manner pos-
sible to being joined to the parish of Clerkenwell,
the population of which was one of the poorest and
most destitute in the metropolis. He asked that
the matter should be reconsidered or postponed for
two years, in order to afford an opportunity for
witnessing the working of the workhouse asylums.
Mr. BEDFORD said that the ratepayers of some
of the wealthiest parts of the city were only pay-
ing BJ., while those residing in the poorer localities
were paying 3s. 6d. and 4s. He considered that
the formation of the three city unions into one
would be the most feasible plan for properly carry-
ing out the administration of the Poor Law in
them, and that a rate of ls. ld. spread over the
three would meet all purposes.
Mr. LARDNER, rate collector of the West London
Union, mentioned as an instance of the inequality
of the rates levied in the city unions, that while in
one house he got a rate of ls. 2d. in the pound, the
rate collector of the City of London Union only
got 2d. in the next house.
The Rev. JAMES JACKSON having given his testi-
mony as to the admirable and efficient manner in
which the Poor Law is administered in West London
Union,
The Earl of DEVON proceeded to reply. He said
that in the first place he wished entirely to disabuse
their minds of any impression that the proposed
measure was part of an organised system to inter-
fere with the privileges of the city of London. He
could assure them that there was no connection

between it and any scheme, and that it
was simply a course taken by the Poor
Law Board with the bona fide intention
of carrying out the provisions and spirit of the
Act of Parliament. With regard to the suggestion
made by one of the deputation that the three unions
should be combined in one he was prepared to say
that it was a very important one and entitled to
very grave consideration. It was supposable that
the East and West London Unions would like to
join with the City just as Clerkenwell and St.
Luke's were anxious to be annexed to those unions,
but then came the question, would the City unions
assent to such a scheme ? The object was to make
better provision for classification and relief of the
sick, and they believed that could be done by the
combination under consideration without any mate-
rial increase of expenditure. He assured the depu-
tation that the arguments used would be attentively
weighed, and that the Poor Law Board were anxious
to work in harmony and cordial co-operation with
those having charge of the local administration of
the Poor Law.

The deputation then thanked the noble Earl and
withdrew.

TILE LORDS OF 7IIE ADMIRALTY A 7

CHA7HAIII.

Yesterday the members of the Board of Admiralty,
accompanied by the principal officials connected
with the department of the Controller of the Navy
and that of the Admiralty engineering and architec-
tural works, paid their annual visit to Chatham dock-
yard, on their tour of inspection. There were pre-
sent the Right Hon. H. T. Corry, M.P., First Lord ;
Vice-Admiral Sir C. S. Dacres, K.C.8.; Rear-Admi-
ral Sir J. C. D. Hay, M.P.; Mr. C. Du Cane, M.P.;
and the Right Hon. Lord H. G. Lennox, M.P., prin-
cipal secretary of the Admiralty. The other officials in-
cluded Mr. E. J. Reed, chief constructor of the Navy;
Col. A. Clarke, Royal Engineers, director of archi-
tectural and engineering works ; Capt. T. Brand-
reth, private secretary to the First Lord ; Mr. Dacres,
&c. They were accompanied by Admiral Farragut,
Naval Commander in Chief of the United States'
Navy, whose flagship, the Franklin, is now lying
in the Thames, at Gravesend, and several officers of
that vessel, including Capt. Le Roy, Flag Lieut.
Commander Watson, and Mr. Kane, naval aide-de-
camp. The members of the board were received at
the Captain Superintendent's office by Capt. W. A.
Stewart, C. 8., superintendent of the establishment ;
Capt. It. Stokes, master attendant ; Mr. P. Thornton,
principal master shipwright ; Mr. T. Baker, chief
inspector of machinery ; Col. Pasley, superintendent
of Admiralty works; Mr. Mallalieu, chief superin-
tendent of the Metropolitan Police ; Superintendent
Strength, and other officials.

Their Lordships commenced their inspection by
proceeding to visit the Hercules, which, from the
circumstance of being just now the most forward of
the two new ironclads under construction at Chatham,
came in for the largest share of attention yesterday.
She is about two-thirds completed, about 4,500
tons of iron and teak having been worked into her
frame up to yesterday, including 1,450 tons of
armour plating, the number of armour-plates bolted
to her sides being 286, ranged in seven tiers, con-
sisting, along her central battery, of one tier of 9
inch, one of 8 inch, and five of 6 inch plates. On
leaving the Hercules, the Lords of the Admiralty
proceeded on board the Monarch, and, after a
lengthened visit of inspection, proceeded to the slip
on which the screw wooden two-decker Bulwark, 81,
3,716 tons, the only wooden vessel at Chatham, is
standing. Nothing has been done in the way of
completing this vessel for a great number of years,
and from what transpired yesterday it is understood
that she will eventually be " converted" into an
armour-plated frigate. Leaving the building-slips
their lordships entered the mould-loft, where they
spent some time iu the examination of Captain
Scott's model for training the 18 ton guns for the
Hercules, this, together with the model of the
turrets of the Monarch, being examined with much
apparent interest by Admiral Farragut and the other
American visitors. After completing their inspection
of the various objects at the mould loft their Lord-
ships proceeded to the smithy, where, at the time of
their visit, the mechanics were engaged in forging
the rudder-head of the Hercules, a massive piece of
iron weighing about seven tons, the large newly
erected steam hammer being employed in the ope-
ration. While inspecting the smithery with its seven
large steam hammers, 87 forges, and six furnaces,
the desirability of substituting an iron roof for the
present wooden one was brought under the attention
of their Lordships, when Mr. Corry, on learning that
the roof had been on fire no less than three times,
at one gave orders for an iron roof to be substituted.
At 2 o'clock their lordships proceeded to the resi-
dence of Capt. Stewart, C. 8., for luncheon, at the
termination of which they resumed their inspection
of the dockyard, the afternoon being devoted to a
visit to the vast works now in progress for the ex-
tension of Chatham yard. On reaching the works a
number of cars were in readiness, and their Lord-
ships having taken their seats were drawn by one of
the locomotives over the entire works. Descriptions
of the extensive works having been given from time
to time in Vie Sun it will only be necessary to de-
scribe here the progress made in reclaiming the 380
additional acres of land to be added to the Chatham
dockyard since the visit of the Admiralty last year.
Among the works undertaken has been the con-
tract entered into with Mr. Gabrielli for the comple-
tion of the first, or repairing basin, which covers an
area of 21 acres, together with two of the four docks,
the entrances to two other docks, and the engine-
house for pumping the water from the docks—the
whole to be completed within three years from Ist
April last ; the second, or factory basin, with an area
of 20 acres, to be finished in four years from that date.
Mr. Gabrielli, the contractor, has attacked the work
vigorously at a number of points, and there is
every reason for expecting that his contract will be
completed within the time named. Upwards of
600 men were employed on the works yesterday at
the time of their Lordships' visit, while the number
will be very largely increased as the mechanical ap-
pliances of various kinds which Mr. Gabrielli is in-
troducing extensively on the works will admit. Con-
siderable progress has also been made in the con-
struction of the north wall of the repairing basin,
while the excavation and foundation piling to No.
1 dock are far advanced, and that of the south wall
of the repairing basin, the factory basin and No. 2
dock, are making steady progress. In the meantime
the Admiralty are pursuing the same course as re-
gards the third, or fitting, basin, of 33 acres, found
so satisfactory in the case of the other basins. By
means of convicts, assisted by hired labour, the large
tract of marsh land at the east end of St. Mary's
Island is being rescued from the channel to form the
site of the fitting basin. A fine wall formed of brick
and concrete, and upwards of 2,500 ft. in length, is
being constructed on the mud flats of the river, be-
tween the north-east angle of St. Mary's Island and
the public wharf, Gillingham. When this is com-
pleted, and the coffer dam across the site of the
entrance to the basins from Gillingham Reach
finished, the tide will be excluded from the whole
site, allowing the repairing basin to be constructed
by contract or by convict labour, as may be decided.
Nearly one half of the long line of river wall has
been completed, and a commencement made of the
fitting out basin wall. In addition to the men em-
ployed on Mr. Gabrielli's works there are nearly
1,000 convicts and upwards of 300 hired men en-
gaged iu various operations connected with the un-
dertaking. Of the convicts about 750 are employed
in making bricks to be used on the works, or in em-
banking with Kentish ragstone that part of the river
frontage of St. Mary's Island facing the Upnor
Castle and Cockham-wood Reach. During the pre-
sent season the convicts, unassisted by any free labour
whatever, except for burning, have made upwards of
17,090,000 of bricks, of a quality admirably adapted
for engineering works. These are delivered to the
contractor, who takes them from the Admiralty at
prices which yield a very large profit, and render the
manufacture of bricks one of the most satisfactory
means of employing to advantage the unskilled
labour of convicts. The whole of the bricks have
been made by the machines of Messrs. Porter and
Co., of Carlisle, and five have been sufficient for the
large number of bricks stated. The remainder of
the prisoners are employed dressing stone. The
whole of the extensive works are under the charge of

Colonel Pasley, while the executive charge of the
works by convicts and hired labour is assigned to
Mr. Bernays, and that of the contract works to Mr.
Neville. After spending upwards of two hours on
the extension works their Lordships returned to the
dockyard, and witnessed the men of the metropolitan
police, under the direction of Mr. Superintendent
Strength, engaged in extinguishing an imaginary
fire with the steam fire-engine.
This brought yesterday's inspection to a close,
Admiral Farragut and the American officers em-
barking in the Wildfire steamer to proceed by
railway to London. Mr. Corry, and the other
members of the Board going on board the Enchan-
tress, where they last evening entertained a select
party of the officials at dinner.