The Sun.
London, England, 1850-03-18 00:00:00

was greyer than his. I did not say he was a great
deal greyer than Mr. Longman. I never made use
of such dinourse. I saw Nicholls the same evening.
I did not say to him that the man was a dark grey-
headed man. I told him I would pick the man out
of five hundred; but I did not say he was dark and
grey-headed. I did not see Nicholls at the Mariners'
lon the next day. I never said I did not see the
blow struck. There were several women among
the mob.

R-z-examined—The prisoner's features were per-
fectly familiar to me. I was on very good terms
with the farmers, but they are very bad with me now,
I had seen the prisoner there before Mr. Floyer, the
Member, came. . _ _

Similsr testimony was given by several witnesses.
W. Dunning Tapp—l am a surgeon. Oa 20a.
February I attended Allen in the hospital ; he was
insensible, but showed s)mptoms indicating pressure
on the brain. He died the same night. I made a
post mortem examination. The skull was fractured.
The death was caused by a blow.
Cross-examined—The skull was not half the usual
thickness. _ _ _

Mr. COCKBURN then addressed the jury on behalf
of the prisoner, and said his duty would be simple
and easy. The defence would not depend on any
efforts of the advocate, but it would be based on
proof, positive, clear, convincing, and conclusive that
the witnesses who had been called on the part of the
prosecution had mistaken the person of the man who
bad inflicted the injury. Any one might have sup-
posed that the persons who had been called had come
into the box with their minds unbiassed, had it not
been for the ebullition of feeling which had been
exhibited in this court, filled by Dorsetshire
people, which he must say was a disgrace to the
town. (Some parts of the evidence had been received
with applause.) He should call witnesses who would,
be thought, even convince his friend that there was no
ground fur the charge. It was the privilege of
Englishmen to discuss matters of public interest at
peaceable orderly meetings held in public. They
had a right to discuss any grievances under which
they believed they were labouring, and no one had a
right to interfere with the exercise of that right. The
gentlemen and farmers had met together to talk over
their grievances—he believed they were mistaken—
the Free-traders were determined that whatever was
said should not be heard. Not only those who came
to hear the question discussed, but a large number
of persons entertaining opposite opinions went there
also, with the determination that no discussion should
take place, and they had made up their minds to
drown by clamour and tumult the voices of those
who were anxious to discuss the question. The
farmers got a little sick of this, and turned these
people out, and they then commenced an attack by
throwing stones in at the windows, so that the lives
of the persons inside were in jeopardy. The farmers
then went into the barrack-yard, and there held their
meeting; but when they opened the barrack-gate to
leave the meeting they were assailed by stones being
thrown to such an extent that it was determined to
make a charge and disperse the mob. But the pri-
soner was never near Allen. He would call witnesses
who would show that Mr. Brake came very late to
the meeting ; and after it was over he went to another
part of the field, and he would show that it was not
Brake who struck the boy. A tall, gentlemanly man,
had a stone thrown at him, which broke his head ; he
rushed forward, struck the boy down, went into the
town, and went to a druggist's and had his head
dressed, and entered into conversation about what he
had done in knocking down the boy. He would call
the witnesses, and clearly show that Mr. Brake was
not the person who had struck the boy, and then it
would be their duty to acquit the prisoner.
Richard Hippesley Bingham—l am a magistrate
of this county. I came to attend this meeting. I
met Mr. Brake at the top of the town about two
o'clock, and we went to the barrack gates. They were
shut. They were opened shortly afterwards for the
admission of the county Members. Great numbers of
stones were being thrown then. The mob came
down in great numbers. I saw no more of Mr.
Brake on that occasion ; he had on a short very dark
coat ; it was similar to the one he wore at the inquest.
He is a very peaceable person and humane.
Cross-examined—l have been in court during the
trial. I was not aware that the witnesses were ordered
out of court.
William Mark—l am the brother-in-law of Mr.
Brake. We live at Sidling. I left to attend the
meeting, and was present at the barracks. The pri-
soner was not in the riding-school, but I saw him
come in at the gates at the same time as the county
Members entered. He had on a black cloth jacket.
He had not an overcoat. I saw him go out at the
gates, but then I lost sight of him. I afterwards saw
him in the street, in the crowd. He had a drab great
coat at his inn. Before the coroner he was dressed as
he was at the meeting.
Cross-examined—He had a stick with him. It
had a crook at the end of it. I had no stick, and did
not charge the crowd. I saw the farmers fighting
their way out. The sticks and stones were flying
about, and I kept out of the way. The prisoner told
me he had been obliged to fight his way out, and had
struck down two navvies.

Robert Damon, of Woolbridge—l was at the
meeting, and came out of the gate with Mr. Brake
and others. We were pelted with stones. Brake
said, " Let's charge them," and he took his stick and
ran among the people. He took to the right (the
opposite direction to where Allen was killed). He
went from 50 to 100 yards. He was running after
some people. I went towards the place where Allen
was. He had just fallen. It was about a minute
from the time I had seen Brake running in the oppo-
site direction. It was impossible Brake could have
gone there in the time, and to have done so he must
have passed me.
Other witnesses gave similar testimony that it was
impossible, from Brake's situation, that he could
have been the person who struck the boy. One wit-
ness stated that he was with Brake, and went up and
saw that the boy had just been struck down. He
was sure Brake could not have struck him. Other
witnesses said they saw a peraon strike Allen, but that
person certainly was not Brake.
Charles Jarvis Cooper, a tailor, of Weymouth, said
—I saw Allen throw a stone at a man which struck
him on the head. That man ran forwards and struck
Allen down with his stick. I saw the man after-
wards having his head dressed at a druggist's in
Dorchester. I heard a communication between him
and the druggist about the transaction. The man was
faint : he said, " I hope the boy is not hurt ; is he
better?" He was answered that he was better. I
asked him where he lived, be said near the Grand
Pool Junction, and he was anxious to get away to go
with his friends by the rail. I told him he was per-
fectly justified in doing as he had done by way of re-
taliation.

The JUDGE—You should know in future that that
is not so.

Witness continued—He had a cut in the right
temple. The surgeon tied the artery, and said he
was not fit to go his journey. He was assisted out of
the shop by two people.
Cross-examined—l saw him yesterday and pointed
him out. He was in court yesterday and the day
before. He is 45 years of age, five feet eight high,
and a little grey. Of course I knew yesterday that
the boy was dead. What had I to do with giving
him into custody ? I had nothing to do with an in-
nocent man being about to be tried. I showed him
to Briar, a sheriff's officer. The men was between
me and Allen. Ido not know which side of the
man's head was hurt. There was no one so close to
them as I was. 1 walked up to Allen directly. I
did not see Fitzsimmonds then, and I know him very
well. I saw four or five men pick Allen up, but I
did not know them. Young Grove?, the chemist, of
Weymouth, could have seen as well as I could. I
was examined before the coroner One of the jury
said he could not believe what I said. I heard the
boy was dead the next day. I mentioned the circum-
stance to the mayor and town-clerk (Mr. Stone)
within five minutes after. I have not ascertained the
name of the man, nor did I take any measures to ob-
tain it. I had a stone myself tied up in a pocket-
handkerchief to protect myself. It was during the
time the stones were being thrown.
Mr. Stone—l am town-clerk of this borough. I
went to endeavour to prevent the stones being thrown.
I saw the last witness, who said to me, " I have seen
the whole of it. I saw the blow struck." I said,
" Very well."
Cross•examined--1-Ie did not say he knew who
did it, but he said he could give the account of it. I
must have been near the spot, but I did not see it.
John Davis—l am a druggist in Dorchester. A
man was brought to my shop who had had blows on
his head. Cooper came in and said, "1 saw the
whole of the transaction, and that the man was per-
fectly justified in all he had done." The man said
be hoped the boy was not injured. I saw the man
here yesterday.
Same of the witnesses said they were very near
Allen, that Brake was not the man who struck
him, but that they did not see Cooper till after the
boy was knocked down.
Some other witnesses stated that Fitzimmond3 had
said to them that which Fitzsimmonds to-day said he
had not.

Mr. PRINN then replied ; and
Mr. Jostle:: TALrouaD having summed up,
The jury Acquitted the prisoner.
The trial commenced atniue o'clo3k in the morn-
ing, and did not conclude till eleven at night.

NORTHERN CIRCUIT:--York, March 15.
CROWN COURT.—(Before Mr. Baron RoLra.)
Mary long, aged 24, was indicted for having, on
the 27th of October last, at Harrogate, unlawfully
endeavoured to conceal the birth of her child by se-
cretly disposing of the dead body.
Mr. Campbell Foster conducted the prosecution.
It appeared that the prisoner was a servant at the
Swan Hotel, at Harrogate, and that shortly before the
27th of October last her appearance excited the suspi-