The Sun.
London, England, 1867-09-27 00:00:00

N°. 23,493.

Now ready at all the Libraries, in 3 v 01...,
THE HUGUENOT FAMILY.
By SAlt. til TYTI,Eit,
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BLACKWOOD'S MAGAZINE
tor OCTJBEII, 1807. No. DCXXIV. Price 2s. Gd.

CONTENTS.
Linda Tress, 1. —Part I.
Inroads upon NO ...11i811.
A t the Alps ag
Monetary Itet4m.
A City of the Plague.
Brownlows.—Part X.
Work and 3lurdor.
Postscript.—The American D. and the Financial
Prospects of the Union.
W. Blackwood and Sons. Edinburgh and London.

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THE SUN, LONDON, FRIDAY EVENING, SEP TEMBER 27, 1867.

MICHAELMAS RENEWALS.
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THE GREAT SHIP RACE
ARIEL _ 1

might possibly be outside seeking for admission.
There might also be respectable persons who, on
hearing of the prisoners being in custody, might
volunteer evidence on their behalf.

Air. Fowler said the three solicitors engaged in
the case were well known in Alanchater, and if any
person desired to give evidence in Ltyour of any of
he prisoners, all he had to do was to communicate
with the solicitor.

Mr. Jones then said he had another matter to
bring under the notice of the Court. The prisoners
had been brought to the court for preliminary ex-
amination with handcuffs on. At trials at the ses-
sions and assizes such a thing was unheard of ; he
had never known of .such a thing at a preliminary
examination. In 1848, when much more serious
matters than these were under consideration, it was
not thought of for a moment. It appeared to be
discreditable to the administration of justice that
men whom the law presumed to be innocent until
they were found to be guilty should be brought into
court handcuffed together like a couple of hounds ;
and he had to make application that the handcuffs
be ordered to be taken off.

Mr. Cottingham made a similar application. It
was a spectacle most unusual in any court of justice
to see prisoners brought in handcuffed. The judges
at assizes would not tolerate such,a thing; it would
be regarded as an insult to the Court.- He had
himself seen Baron Martin ifiterpose, rhen, after a
man had received sentence of death, the turnkeys
were about to put the handcuffs on him in the
dock. Baron Martin ordered them to be removed,
and insisted that no ironing should take place in the
presence of the Court. There was a sufficient force
to guard the Court, and he submitted that while the
prisoners were examined the handcuffs ought to be
removed.

TAEYING 2
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The genuine are a square men package, with "
Lambert." evaraved 3u the stamp.

The case against the prisoners charged with the
murder of Sergeant Brett was then proceeded with.
Mr. Higgin, in opening the case for the prosecu-
tion, said he appeared in the case, instructed by the
authorities, to prefer a charge against the whole of
the men who were now present in the dock, or such
of them as should be proved to the satisfaction of
that Bench to have taken part in the attack upon
the police van on the 18th of this month. He was
there to make a charge against them all of wilful
murder. He did not conceive that it was any part
of the duty which he felt to be cast upon him to
enlarge at any very great length upon the enormity
of the offence which had been committed. That
Manchester had been startled from its propriety
by the knowledge that the ordinary police van
which was usually used for the conveyance of
prisoners backwards and forwards from the gaol
of this city to the place at which they should take
their trial Ind been stopped in one of the public
and one of the most frequented streets of the city—
had been attacked by an arinedinob, and e'-restne
bad been effected, and that at the expense of the
life of at least one person, an esteemed officer, in
the exercise of his public duty—such a state of
things was highly discreditable, and was a state of
things calculated to arouse very great alarm and
apprehension in the minds of all the peaceable citi-
zens. He had nothing whatever to say
which at all might aggravate the in this case
position in which
these men stood, but he conceived it to be his duty
very shortly to state the facts of the case against
them, and then call witnesses to
prove these facts ;
and having done that with very great respect, but
at the same time with that firmness which he believed
should characterise the position occupied by one
such as himself, to call upon the Bench to do their
duty. In his opinion that duty could only be per-
formed by the committal of such
persons as he
should include in the evidence to take their trial for
the wilful murder of the police officer. On the 18th
of the present month, it would appear that certain
persons had their cases investigated in this court,
and among those persons were two who had ob-
tained the names of Kelly and lleasey respectively ;
and they, together with a number of other persons,
were conveyed from this court towards the city
prison in Hyde-road. The van used was the ordi-
nary prison van, in which there was a box-seat for
the driver, and a seat on each side to be occupied by
police-officers. Inside the van were a number of
chambers, with doors,
in which was a ventilator
something like a closed Venetian blind. The pri-
soners were put into these compartments, the doors
were locked, and they were conveyed to their desti-
nation. In the door at the back of the van there
was also a ventilator, larger in size, and the lower
part of that ventilator was made to open upon a
sv, ivel. It was opened by a lock such as those attached
to railway carriages. Underneath this ventilator
in the door was another lock, exactly like the lock
attached to a railway carriage door, and opened in
the same way. When the van le ft the court there
was in each compartment a prisoner in custody,
and in addition there were three or four women
in the alley or passage
up the middle of the van.
There were a number of police-officers accompany-
ing the van upon the roof, and also sitting beside
the driver. There were also some police officers
standing upon the footboard of the van. He was
not aware that any of the officers who had charge
of the van were armed in any respect whatsoever.
An officer who was well known to this court, and he
thought well known to all who had practice in that
court or at quarter sessions—Sergeant Brett—was
inside the van at the time of the occurrence. He
seemed to have had the keys in his possession. They
would find from the evidence that these keys were
three in number, and were upon a ring. Ile was
locked up inside the van, and, having the keys in
his possession, had the only means of gaining an
entrance to the van or of getting out of it. The van
proceeded through the streets of Manchester, and
nothing whatever happened in the way of molesta-
tion until it arrived at the railway arch which car-
ried the London and North Western Railway across
Hyde-road ; and if his recollection served him that
arch didnot cross the road at right angles. Upon
arriving at that arch it became manifest., from what
immediately occurred as well as subsequently, that
a deliberate attempt was to be made by some per-
sons to stop the van, and to release some at least of
the persons within the van. That seemed to have
been carried out, unfortunately, so far as regarded
two of the persons inside. Upon the horses getting
to the railway arch a man stepped forward in the
front, and ordered the driver to stop the horses.
That person, whoever he was, was armed with a
revolver. Immediately upon that, a number of other
persons made their appearance, armed also—many
of them, at any rate—with revolvers, and from their
demeanour, and the way in which they conducted
themselves, there can be no room left in a reasonable
man's mind to doubt that they were assembled there
for the express purpose of violence, by extreme
by taking life if necessary
f—ortcoecifff
encetctehsseairry—yl
deliberatena purpose, that of stopping
the van, and by force removing some of the pri-
soners therein. After the horses were stopped the
van came •to a standstill, and both of the
horses were Ny9wided by pistol shOts? one in the

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For further particulars see Time Tables.
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GEO. CitOXTON, Secretary.

Mr. Roberts said he heartily joined in the appli-
cation which had been so well made io the Bench:
Mr. Fowler—l don't think it is a matter for me
at all. We, as magistrates, have to inquire into this
case, but the polite authorities are the persons who
are answerable fur the safety of the Court. The
prisoners are in their charge, and the responsibility
rests with them, not with me.
Mr. Jones—You are the superior authority in
this court. It is an indignity offered to the whole
Bench of magistrates.

Mr. Fowler—Not so. The police say that with
the force at their disposal in this court they find it
necessary to do so.

Mr. Jones—There is both a police force and a
military force ; surely there is sufficient force for
the protection of the Court.
Mr. Fowler—To use your own words, Mr. Jones,
it is a most unusual case we are dealing with.
shall not interfere.

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nostril find the other in thc; neck. The van

being brought to a standstill, pisto's were fired at
the driver, and at the officers who sat beside him on

the box. Under these circumstances it was not to
be wondered at that the driver and those persons
thus exposed took care of themselves, being utterly
unable to cope with those who were so armed. The
men proceeded then to attack the van ; some got to
the top, and some large stones found in Lb: neigh-
bourhood were Pfted on the footboard and the top,
and other persoks began to latter in the top, and
the van at the present moment had a. large hole bat-
tered through, or nearly through, on the roof i and
it would be found, after inspection, that there were
other marks of violence 'on it. There were on vari-
ous parts'of it undeniable marks of bullets having
been fired. Brett was inside. They would find one
Of the men engaged in this unlawful transaction
went to the back and demanded that Brett should
give up the keys. Brett refused, and said he would
stick to them to the last. Accordingly he did so.
He was then threatened flat if he did not give them
up he would be shot. These threats did not appear
to have any effect on him. He still continued stead-
fastM his post, having charge of the keys. He de-
clined to give them up. Immediately at that some
of the witnesses say that a number of shots were
fired through the ventilator. Whether one or more
were fired there might be some doubt, but it was
certain that one shot was fired by the man Allen
through the ventilator. It was fired with deliberate
aim, andit took effect in the head of Brett, entering
the skull on the right hand side, and coming out on
the other. The bullet was found in the van, and
would be produced. A hatchet was then produced,
and used at the back of the van, and ultimately, the
keys not being forthcoming, threats were made to
shoot the women unless they produced the keys.
Under such threats they seem to have taken the keys
from Brett, and passed them through the ventilator.
The door was opened by the keys, and the man Allen
entered the van, and, having tried a number of cells
which were locked, and not coming to what he con-
sidered to be the right one, he asked, " Where is
Kelly ?" Kelly was in the van, and answered that
he was there. Allen went to that cell and opened
it ; and they would find that two of the prisoners
that were committed that morning—viz., Kelly and
Deasgy—were released from the van, and up to the
present moment had defeated the efforts of the
police to take them. Brett fell to the ground when
the van was opened, and some of the women came
out, and they would be called as to what they saw
and heard during the time this attack was made.
He apprehended that the bench had no doubt what-
ever with respect to the man Allen, and also as to
Larkin, for they were the two who took a prominent
part in this outrageous transaction. He did not
intend to point out more particularly the other
persons engaged in this unlawful transaction, be-
cause the evidence he should have to call before the
Court would be of considerable length. Of course
everything would depend upon the identification of
the persons who were there upon their trial. Wit-
nesses would be called to speak to the identification.
He (Mr. Higgin), as appearing for the prosecution,
would say that if there was one man among them
who was now present charged with this offence of
whom it could be proved to the satisfaction of the
bench that he was not there, or having been there
took no part whatever in this unlawful attack, he,
for one, should be glad for him to be set at liberty.
On the other hand, he believed he was prepared to
produce evidenle which would compel the magis-
trates, in the exercise of a public duty, to decline
themselves a minute investigation, but to leave it to
another and more proper tribunal to pursue a more
minute examination than might be necessary there.

Brett was removed in a cal) to the Infirmary, and
soon afterwards died. He apprehended that-there
could be no doubt whatever that Brett was murdered.
It was the offence of murder to shoot that man, being
an officer in the exercise of his public duty as a police
officer. It was no matter, as regarded the investiga-
tion of the case, whether it was the intention of this
man, or such of them as he should bring within the
four corners of this charge, only to release one or two
particular persons in that van or any other persons.
If a number of men associated themselves together
for the purpose of making an attack upon the police-
officer, when the officer was in the execution of his
duty, and if one of such a body shoots and kills a
police-officer while in the execution of a public duty,
according to the law of this country it was not only
wilful murder in the man who fircd the shot, but it
was wilful murder in the case of the others who
were there, and taking part in that transaction, and
assisting in that unlawful act. That was the law
as affected the case, and, believing it to be the law,
he proposed to lay such evidence as should satisfy
them that the police-officer Brett was murdered by
one of those men who were then before them, and
that the others, or such of them to whom he should
bring the charge home, were engaged assisting him
in that transaction. If that was so, not only that
one man, but all the others who had assisted were
equally guilty of the offence he charged them with
—that of wilful murder.

Mr. Fowler—Do you not think it desirable to have
the ran inspected ? I understand it is close by.
Mr. Higgin said he thought so.
Mr. Fowler—We had better go and see it at once.
Perhaps ➢ir. Cottinghatn, Mr. Jones, and Mr. Ro-
berts would go too.

Mr. Higgin said it was in the police yard close by.

Mr. Cottingham asked Mr. Fowler, with referenca
to the other prisoners dismissed on this specific
charge, whether they would be called up to-day ?
Mr. Fowler—Do you really think the case will
finish?

Mr. Cottingham—The witnesses want to go.
Mr. Fowler—You may send all the witnesses away
in that case.

The prisoner Patrick Kelly asked if he could have
time to send for witnesses.
Mr. Joule said he would.
Mr. Fowler and several of the magistrates and
solicitors then left the court, and after a short in-
terval returned to court.
Mr. Higgin then said that in the case of John
Morris he would withdraw him from the charge.
Mr. Fowler—lf there is no evidence against him
let him be removed.
Morris—Could I be admitted to bail, as I am
employed in a curious position ?
Mr. Fowler—You must wait to see what course
they propose taking. At present you may stand
down.
Mr. Higgin then asked that the depositions taken
at the last examination should be read over. The
clerk then read the deposition of Constable Yarwood,
in which he stated that he identified Allen, Larkin,
Gould, Wilson, and Boyland. He was now asked
if he could swear to any others, and he further iden-
tified Maguire and Bacon, who was lame. lie said
he saw Allen go towards the back of the van from
the bank.
,Ile did not see Maguire do anything,
but he was on the bank with the rest. lie saw Bacon
in a publichouso on the Hyde-road, just after he had
been to Belle Vue with the other prisoners. That
was the first time he saw him. The inn was either
the Wellington Inn or the Hyde-road Inn. There
is a beerhouse under the arch called the Half-way
House. He was asked his impression of the time,
and said he could not tell. He did not know what
time he left the court. Ile never looked at his watch
until he got back from the Town-hall. It was some-
where about .5 or 6, as near as he could guess. The
row was then over. There were not many in the inn
when he went there after returning. He had never
seen these men before. Witness was at the right of
the driver next but one. Shaw was between the
driver and himself. They were through the arch
about two yards when the first shot was fired. On
the left of the arch, on getting through it, is an open
brickfield, and on the right is the railway embank-
ment. There he saw the men. He should fancy
there were 70 to 100, all of them strangers. Larkin
came up to witness, There was no one with witness,

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ST.IMPED sd.

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from the pressure of these mats :lea. lamat a loss
to know, when before a judge of assize, when a man
is actually on trial for a capital offence, ho is -not
permitted to be brought into the dock manacled and
chained, as it is regarded as an insult to the Court
and an opprobrium to English justice—l am at a loss
to know why a court of English justices should
arrogate to themselves a power which the law does
not give to a judge of assize. Why should they not
have leg irons as well ? Can it be said they have
sufficient freedom from restraint to conduct their
defence, and to take the part they have to take
when theirs is in issue? It is quite unprecedented.
You have not the precedent of the superior courts;
we have never heard anything is oar experience,
and you in your long experience have n •t heard
anything like it. You have a co:npetent force in
this court to subdue anything like an attempt at a
rescue, or any attempt on the part of these men to
make their escape. I cannot see any pretence for
it, except to impress the public mind that these are
desperate men.

The other policemen were running about. He was
about a yard from the van, outside the archway.
He was about two yards from the horses. The at-
tack was made from the left hand or briekcroft
Ihe men were on this side. He jumped off on the
right side, and it was o•n that silo he met Larkin.
Ile picked up a stone. It was a small one. Threw
it to barn him. Witness knocked the pistol up.
Latkin ran atter witness towards the tollhar,
and kept firing. lie fired three shots. He
losle.l round when be was running. He
heard other shots. He ran till he reache I the cab
just b.yond the toilbar. lle could only speak to
those he had named. He could not describe more.
AI ~guire—l beg pardon. He did not see me there
at all. •

Mr. Bennet—And that we are a set of cowards
and contemptible cowards too.

Mr. Cottingham concluded by again urging that
the prisoners be relieved from the pressure of the
manacles.

" Witness drove to Veil Vue, and did not go imme-
diately to the inn. He came back with the turnkeys
after being away ten minutes, and he saw a lot run-
ning—about 20. 'They had a goOd start. He came
up with them when they got to the wall dividing the
railway from Ashton-road. Some civilians had then
got larking. Recognised him then. He would have
known him if he had not seen him in custody. He
would swear that was not the first time he saw him.
Larkin was given over to two other officers by the
civilians. The civilians were " laying" on to him
as hard as they could. He did not know the civilians.
Cross-examined by tlr. Roberts—l was in the
court before Kelly and Deasey were removed. I do
not remember the exact time when the business of
the Court closed.
Mr. Roberts said he wished to ascertain the exact
time of the occurrence, or as nearly as possible.
Mr. Fowler said there bad already been consider-
able cross-examination on that point. Ile proposed
that the officer should at once be asked the precise
time when the van left the court.
Inspector Garner said it started at 20 minutes

Mr. Fowler said--With regard to the observations
of Mr. Jones about the officers I must say I am ex-
ceedingly sorry be has made them. The military
have been called upon by the magistrates of Man-
chester to perform certain duties, and certain
portions of the military now quartered in Manchester
are within a certain distance of this court. Some of
the officers who are not called upon to be on guard
at the moment happened to come to this court as
private friends of my own, and are present on the
bench as mere spectators.
Mr. Jones—lf they are friends of yours, there
(pointing to the gallery) is the place for them.
Private friends of my own are there, and your
private friends should be in the same place.

Mr. Fowler—l shall not take any further notice
of that part of your objection. With regard to the
manacles, thepolice have been called upon to protect
the interests of justice and the Court, and if they
think that the handcuffing of prisoners is part of the
measures necessary to be adopted, I cannot take
upon myself to order them to be removed. But if
any prisoner is suffering, I will take upon myself to
say he shall have some other handcuffs put upon
him that do not hurt him.

past 3.
Cross-examined—The van would arrive at the
railway arch before 4 o'clock, supposing it to have
taken half an hour to get there. I have arrested no
one in connexion with this charge, but I have iden•
tilled some. I identified Bacon and Thos. Maguire
at the Albert-street station. I also identified Boy-
land as one whom I had seen close to the archway,
on the Manchester side. I was on the left-hand side
of the road. This was before the rescue; he was
standing like an ordinary spectator. There was
nothing remarkable in his conduct.
By Mr. Higgin—l saw Larkin apprehended by a
civilian. That was a good distance from the arch-
way. I was out of breath. I had followed in pur-
suit all the way. From about 70 to 100 men ap-
peared to be present at the attack on the van. I
cannot say how many were actively concerned in it.
By Mr. Cottingham—l followed in pursuit of a
number of men, but I did not know whether Larkin
was in the lot or not.
Mr. Higgin—But he turned out to be in that lot,
because he was taken.—Yes.
George Shaw, police-constable, attached to the
court, was next called, and his deposition read over
to him. In examination by Mr. Higgin, he said—
I heard a voice inside of the van saying, " He's
killed." That was after the shot had been fired
through the door by Allen. There is a ventilator in
the door of the van that turns on a swivel. It is
fastened and unfastened by an ordinary carriage
lock, and lower down in the door is another similar
lock. Before the time the shot was fired by Allen
they had been knocking at the ventilator with stones
and breaking it. They were not regular paving
stones, but appeared to be got out of a quarry.
When the shot was fired by Allen I was leaning
against the abutment of the railway arch, on the
right hand side watching the proceedings. I dare
not go nearer. Allen seemed to be talking to some
one inside the van for a short time before he fired.
I saw him put a pistol to the keyhole of the ventila-
tor and fire ; I only saw him fire once. It was a
woman's voice that said, " lle's killed." I then
attempted to get upon the van, when I was fired at
again, and driven back. I was fired at several times
as I was running away, and was about 30 yards
froin the van when Brett fell out of the van ; he
was out when I saw him. I was about 20 yards off
when Allen fired. I believe it was Allen who shot
Sprosson ; I have no doubt of it. He came running
down the road about 20 yards and fired. I cannot
say that I saw any of the persons come out of the
van who had been in custody in it. There would
not be less than 100 shots fired ; at one time they
went off very thick.
Cross-examined by Mr. Jones.—l heard part of
your cross-examination of Yarwood, but left the
court as soon as the witnesses were ordered out. I
was the officer nearest to the door of the van, at the
end where Allen was. There were several persons
in the road between me and the van. The two
principal points of the skirmish were at the head of
the van and the tail of the van. Allen, when he
came running down the road, fired directly at me,
and hit Sprosson. This was after Brett bad been
shot. I had Allen impressed on my memory from
the first by his daring work. lam certain that he
was the man who fired the shot that hit Sprosson.
An adjournment of half an hour took place after
the conclusion of this witness's examination. On
the reassembling of the court,
Mr. Jones said he must repeat his application
with reference to the handcuffs on these men. In
the first place, the prisoners Allen and Gould had
shown him their hands. The handcuffs were too
small, and their hands were swelling under the
action of these handcuffs. They said that the pain
and inconvenience so caased, and the indignity,
prevented their attending to the evidence, and,
therefore, making suggestions to counsel. In the
interests of justice, he requested that these hand-
cuffs might be taken off these prisoners. Another
thing he might be permitted to say as an officer of
the court, which every member of the bar was, and
as a citizen of Manchester, that he thought it very
unseemly that a part of the military force should be
on the bench where the magistrates were sitting.
Mr. Roberts said that, in furtherance of the same
view, he would submit that one of the requirements
of the constitution as well of the law was, that the
magistrates should have before them when these
depositions were taken a perfect man in the shape
of the criminal. It was obvious that the require-
ment that the prisoner should be present would not
be satisfied by his coming there if he were asleep, or
if he were in torture, or if he were suffering from
accident or prostration by sickness ; and he con-
tended that the fair application of the rule was that
the man who came before them for trial should be
as free as possible, consistently of course with the
necessities of the place where he was tried. Was it
likely, was it possible, could they believe it them-
selves, that men suffering under the imprisonment,
the assault, and the torture which these men were,
could have the same mental capacity or bodily
strength that they would have if they came in the
ordinary way ? Ile asked, therefore, that the pri-
soners should be so far as possible placed in the
same position of freedom and liberty as those who
charged them and gave evidence against them.

Mr. Cottingham said the prisoner Larkin bad
complained to him Df the extreme pain and incon-
venience he had suffered for several hours owing to
the pressure of the handcuffs upon him. He sub-
mitted that Mr. Fowler had complete power to deal
with this case, the gentlemen around Lim being
merely spectators of the scene.
Mr. Fowler—Not so ; I am chairman of a bench
of magistrates.

Mr. Jones—Then, as a member of the English
Bar, I decline to sit in any court where the police
override the magistrates. I will not lend myself to
any such violation of the ordinary course of justice.
There is your brief, Mr. Roberts. I am sorry to
to return it, but I cannot disgrace the Bar by
proceeding with the defence. (Loud hisses from the
gallery.)
Mr. Jones then handed back to Mr. Nnttall's
client the brief for the defence of another of the
prisoners, and gathering up his papers and his
umbrella left the court.
Mr. Fowler told the four prisoners represented by
Mr. Jones that he was very sorry for the course
Mr. Jones bad thought it proper to take, and would
give them the opportunity of getting further advice.
The prisoners said they should not have the same
confidence in any other counsel.
Ultimately the magistrates retired to consult with
Capt. Palin as to the necessity for the prisoners
remaining manacled.
On the return of the magistrates, after an a.b.
Bence of twenty minutes,
Mr. Fowler said the magistrates regretted, after
due consultation, that they could not comply with
the application of Mr. Jones, but from information
in the bands of the police and the authorities, they
did not think it would be prudent to remove the
handcuffs. (Applause from the gallery, which was
immediately repressed.)
Mr. Fowler again asked the prisoners if they
wished to have fresh counsel.
Mr. Roberts said they declined, but they would
be content with their handcuffs being changed where

necessary.
Mr. Fowler directed this to be done.
Thotnas Pathson, of West Gorton, a puddler to
brickulakers, said he was at work on Wednesday
afternoon week, and heard a noise in the direction
of the railway arch, Hyde-road, about 20 minutes
past 4 o'clock. lie was about 400 yards from the
place, on the left hand side. The noise was that of
knocking on the van. On hearing the noise he went
up to within ten yards of the van. He got on
Heywood's wall, adjoining Hyde-road. When he
saw 30 to 40 men firing pistols. The 'bus had

passed 15 to 20 yards bqoud the railway arch.
There were men throwing stones at the van and
breaking the door at the back in. One stone was
about a foot in length, and they had a larger one.
They were breaking the top in. Allen was at the
top, and Thomas Maguire was throwing up stones
to him. Allen was breaking the top iu. Heard
reports of pistols before he got there, as well as
after. lie saw the man engaged in breaking
the roof. A man with white slop and cord
trousers on was at the back of the van, and he said,
" Shoot the —, he's inside." Allen was running
about threatening to shoot any one who might ap-
proach him. Ile had a revolver in each hand.
Allen afterwards placed one of the revolvers against
the ventilator of the van and fired. A scream fol-
lowed, and the door of the van was opened, and
Brett fell out. After that he saw two men come
out of the van having handcuffs on. Allen was with
them and said—" Anal), Kelly, I'll die for you !"
Alien then said he would shoot any man that fol-

lowed. lie had two pistols then, but witness never
saw him after that. Allen, Gould, and Larkin

stopped behind the rest, and afterwards followed
the two men who had come out of the van and who

had gone in the direction of the Sheffield railway.
‘Vitnesi identified the prisoner Martin as one who
was throwing stoues, and Patrick Kelly. After
looking at Sergeant Brett witness and others fol-
lowed Ktdly, Gould, and Larkin. They caught Lar-
kin in the Midland Railway yard, across the Shef-
field line. As they followed, Allen fired from the
top of the Sheffield line at a man named Mark
Holland, who was alongside of witness. When they
took Larkin he had no pistol. There were some
tracks on the Sheffield line, which he passed, Wit-
ness assisted to take Allen about three yards from
Ashton New-road. He had a revolver in his hand
and said, " I'll surrender." A young named Hunter
took the revolver from Allen, who had fired several
times at those who were following. A police-officer
came and took him as he was getting ill-treated.
Saw a lot of cartridges taken from his pocket, and
a book and old pipe head.
The proceedings before the magistrates closed
about six o'clock by the prisoners being remanded
till to-morrow. There was an imposing military

'orce to escort the prisoners from the court, They

have been given over to the custody, during the
night, of the military, under General Sir John
Grarvock, who engages to be responsible for their
production to•morrow.
At a meeting of the authorities to-night, it has
been determined to alter the terms in which the

reward for Kelly and D easey is offered, by engaging
to keep the name of the informer secret.

Mr. Cottingham said that under the statute under
which'Mr. Fowler was acting he had power to try
the case by himself.
Mr. Fowler—l am only one here, bound by the
majority. I represent two magistrates in most
cases, when sitting alone.
Mr. Cottingliam—You are the chairman presiding
in this—you are the cuslos curia, and you are in the
position of the senior judge at Assizes, and have
authority to direct that the prisoners may be relieved

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