The Sun.
London, England, 1820-04-10 00:00:00

tiitsThft.Si)Rit6

SATURDAY,-APRIL 8.

SHOOTING AT BIRCH. THE STOCKPORT CON-
STABLE. .

At the opening of the Court this day, it was
nOt expected that the trial of Bruce and INl‘lnnis,
for shooting at Birch, the Constable, world have
been called 'oil, but immediately as their Lord.
ships took flieir seats it was commenced. The
anxieties of all those present were immediately
visible, and 'a solemn silence immediately prevail-
ed. After the usual formalities had been com-
plied with, the Jnry were called over, and the
Clerk inlormed the prisoners, if they bad any ob.;
jection to any of them they should state it before
they were sworn. The prisoners made no objec-
tion. The Jury were sworn, and the Clerk of
the 'Cour( proceeded with the indictment, which
charged J,ct,b M lonis with
and feloniously shouting at %Vinton) Birch, at
Stockport, on the 231 of July last, and James
George Bruce, otherwise George Janus Bruce,
with wilfully and maliciously aiding and abetting
the same.

Bruce is rather a shabby, but intelligent look-
ing liming man, huncti-backed, and somewhat
below the middle Size. His silver-mounted spec-
tacles were a complete contrast to his thread-
bare grey frock-coat, but 1.1;s deineatioqr alto-
gether evidently exhibited a epnsciousness of in-
nocence.

N young and athletic man, with hair
inclined •o be led, of fair complexion, and alto-
gether what is usually termed a smart made man.
His dress was decent, and his behaviour modest.
As soon as the Jury here seated,

Mr. Batiyom rose so address the Jury, when
Bruce sti'd—" My Lord, 1 wish for a copy of the
indictment ; I have not had one. I have no
money to porehas.e it, and I should like to read it
es the trial goes on."

BENyi)N—We have no objection to the
i.t,,uer's having a copy of it.

The Couxr—You have a cony.
Mr. Serjesnt Caoss—l do not object, my Lord,
• to its being given, but I beg it to be understood
the prisoner has no right to it.
The Cast CT--:1lost undoubtedly, it most not
be understood as a right, hut as a matter of cour-
tesy. 'fife prisoner lons applied for a copy ; the
Counsel for the prosecution do wit object to his
having one. and it is erauted as a courtesy.
Mr. BENYON—My Lords and Gentlemen of the
Jury, I need scarcely say, that the prisoners at
the bar are charged with a crime of nearly as deep
dye as that of murder. And had it not been for
some supernatural interposition, they would have
now been tried for that most mons.rous of all of-
fences. I shall state to you, Gentlemen, as slintily
and as perspicuously the swore of the case and the
character of the evidence l meab-to lay before
you ; but your verdict must not he grounded on
any thing I may say, it must solely depend upon
the evidence. Gentlemen, you have heard the
indictment read. M'lnnis is there charged with
maliciously and feloniously shooting at one Mr,
Birch, and Bruce, the other prisoner, with aid-
ing and assisting the first named prisoner its the
commission of that crime. By an Act of the 43d
George 111. chap. 58, it is enacted, that it any
person wilfully.and unlawfully shoot at or-pre-
sent any loaded weaptin, or any species of fire-
arms, at any of his Majesty's subjects, or it any
one aid or abet such person, in such case the
parties when convicted shall suffer death. Then'
there is a proviso in case death ensues, hot that
. rather applies to cutting and stabbing, and I shall
',not further notice it.' In order to fix the prisoners
with the crime charged against them in the ind jts:
ascot, I shall produce evidence to shew you, Witt,
in the month of July last, an indictment was pres.
ferred at. the QUarterly Session's for this county
against a dissenting teacher of the name of Har-
rison, and also against Sir Charles Wolseley, but
that is of no matter at the present moment. Harri-
son thereon went out of the county, and the
Magistrates issued what- is called a Bench War-
rant for his apprehension. This warrant was-
put into the hands of two active constables,
Pass and Birch, who were charged to pot it in
immediate execution. They quickly repaired to
London, and there arrested Harrison at a public
meeting which was held at Smithfield. They
thence brought him to Stockport, where they ar-
rived shout eight o'clock on the evening of the
23(1 July. It was soon known that Harrison bad
arrived, that he was in the custody of Birch, at
Birch's house, and an immense concourse of peo-
ple immediately crowded round it. This assem-
blage intimidated Birch, and he left his house
somewhat about ten o'clock, in order to take the
advice of the Magistrates and Mr. Lloyd. As lie
was going to a place called Loyalty-street, to the
house of Mr—Lloyd, he was met by three men,
who seemed to be in company with one another ;
he was first accosted by one whom he had pre-
viously knowni,lbelieve it was by the prisoner
Bruce, who entered into conversation with him,
and asked if be had brought Harrison. To this
1 Birch replied lie had ; but as the people seemed
to be urroanding hint, be began to feel consider-
able alarm. Birch then said he was going to on,'
Sims, an acquaintance of Harrison's, to see if he
would become one of his bail—for he was obliged
to pretend he was the triend•of
,Harrison. Upon
this the people surrounded him, and a pistol was
-discharged at him. The mats who fired it did so,
as if he were situated behind Bruce ; he saw the
man place the pistol over Bruce's shoulder, and
a ball was immediately lodged in the cavity of his
chest. Considerable alarm ensued upon this ; he
ran away, and was under the care of a surgeon
for many months. On the testimony then of
Birch alone, it will be clear that he was shot at
by some one, and he will tell you, that of the
three men who acted together he knew only one,
who seemed as.if he were occupying his attention,
while the others were preparing their wicked
deed, and it will be for you, Gentlemen, to con-
sider why the prisoner Bruce so held Birch in
conversation. With respect to James N•l'lnnis,
as be is not taken, although known to be one of
the party, I shall say nothing. With respect to
Jacob M'lonis, one of the prisoners at the bar,
it will be proved that he was one of the party
who shot at Birch. Birch, however, had no
previous knowledge of M.lnnss; hut I am in-
stunted to say, that be had so distinct a view _

• 6f all theii cOutdenances, that he had no doub
Jacob APlnnis was the man who sliest at him:
Very soon after Birch was able to leave his bed
he went to Chester Gaol, and on first seeing
ll.Plnnis, had not the slightest hesitation in iden-
tifying him. If the evidence rested there, there
would be 'an end of the case as to M'ltinis,
guilt would be tinpestionably establishes]. Then
as to Bruce, he is charged with aiding and abet-
ting the other prisoner, and you Gentlemen, will
consider why lie delayed in conversation,
couplet) with what afterwards occurred, and it wilt
he for you to ascertain whether be be a parliceps
crimMis or not. After the shot was fired, Bruce and
the M'lnnises went away ; and if Bruce were inno-
cent, the manner of his going gave a very different
indication. If really innocent, he would not have
run away in company with those who fired. So
tar, Gentlemen, I have stated to you the evi-
dence, as it will depend on Wm. 13ii-Ch. The nest
witness I shall produce will be a young girl, al-
most a child, who lived in Elie house with Birch ;
and though she only heard the name Bruce, ‘vill
be able to confirm the greater portion of her
uncle's testimony. She saw Birch stopped—!he
three or four people who were near him go oft.;
she saw her uncle shot and run away, bin she
cannot identify the person who did so. In ad-
dit;on to this, 1 shall call Win. Pear,on, if there
can be any doubt as to the recollection of Birch.
Pearson lodged in the same home and slept in

the same bed with 3Acob before this
affair ; he went out with him on the 23t! ;
he saw the three toe it, whom he knew perfectly
well; he saw them in conversation together
before Bruce stopped Bitch , but being him-
self at the moment engaged iu conversation
with a man of the name of Davis, he could not sic
the hand of APlnnis lifted up when he fired the
pistol. He saw the same three men run away,
and in the hand of Al'lnnis he subsequently
ceived a pistol, the smoke from which had not
entirely vanished as it met his eye. lie then saw
him put it into his pocket, but he did not see him,
from the reason I have mentioned, Me the snot.
Now, Gentlemen, in addition .to (his, i.e will tell
yon that before he was twenty minutes at hove,
atter the transaction, of certain conversation
which he held with both the prisoners at the bar---,-
Bituce--.lt the Attorney-General be instructed
to say this, he is wrongly informed ; I was not
at the lodgings of Al'lnhis 5 i did nut know hint
then.

The Cob RT—You roust not interrupt.
,Ir. Justice Alm-v-ILL—You t)id better be
quiet.

BRUCE—My Lord, I only intended to prevent
a mis-statemeut that might prejudne my. case.
Mr. BENeoza—The mistake was mine ; I di,l
not intend it ; Bruce wns not at the place of which
I have spoken; it was Jiinies M'leuis, the bro-
ther of the prisoner at the bar; William Pearson
will disclose the conversation that passed atter the
shooting at Birch, and it will be tor you, Gen-
tlemen, connecting all the transaction's togeth et,
to see how far the charges in the indictment can
be fixed upon these prisoners whose case you are
now called on to decide. It any doubt can arise
as to Birch's recollection, you wilt have the evi-
dence of Pearson coafirmatory of it, which will
be particularly material, inasmuch as he saw
evety pert of •the transaction but the actual fir•
ing. I. have many witnesses to spew you the foul
attempt was made by somebody, and that
.Birch
was wounded, but this 1 do not think neces-
sary. One or two may, however, be brought up
to these 6cts, it we shaiiid see any necessity for
so doing. Gentlemen, I shall now merely state
ao you, that an ex'raordinary cry was raised atter
this occurrence of Birch's having shot himself, a_
fact which evidently proves that there was sonic
previous cohlederacy existing against him. M'ln-
eis admitted he was one of the people assembled
at Stockport when the event tot* place; he ad-
mitted the same in Ireland ; and all that Bruce
said was, although one of those who were there,
he took no part whatever in the hortible transac-
tion. During the confinement of Whinis he at-
tempted to break out of gaol, but God forbid it
should bring such a circumstance to bear against
burn, now that he is on his trial for so serious an
offence. I have now, Gentlemen, closed my
observations; '1 have merely stated the na-
ture of the evidence I mean to bring before you,
and I have no doubt you will give such a ver-
dict as will be satisfactory to your conscience
and the interests of justice and your country.
\Valiant Birch examined by Sedeant CROSS—I
had a person of the name of Harrison at my own
house on the 23d of Jaly ; I went to Mr. Lloyd's
house ablaut 20 minutes before 10, it was in the
dusk of the evening ; there was light enough to
discern the features of any person ; the distance
I was going was more than 100 pods ; on my
way i met a number of persons in the street ; it
was well known Harrison was my prisoner ; I
stepped as I went along, and met with Bruce,
whom I had known for many months; two or
three others were coming up the street as 1 was
going down ; when he (Bruce) stopped they stop-
ped ; they were not exactly abreast, though near
each other; there were four of them ; they tormed
a party to themselves on my stopping ; be-
fore they .stopped they appeared as one party ;
when Bowe- made the stop with me, they went
off about a yard, or a little more, but not two
yards ; I ant not Certain, on my meeting Bruce,
whether he or I spoke first. On Bruce and me
stopping, they all stopped, nor can 1 remember
which stopped first ; the moment we met we stop-
ped together. I knew Bruce at that time by
ileum; I believe Bruce asked rue if I had broiight,
Harrison to my house ; that was the first thing
he said, to which I replied, Harrison was at my
house, and at that moment a matt towards my
Itift ; Bruce was then right in front of me, aed
then a man came on the left, and walked on ti I
he carne to my rear ; l kept my eyes on !Since
all the tone be was coming ; I had particular rea-
son to look round, as a great crowd assembled itt
the st eat around my house ; but still I kept not
toy couversioioa with Bruce, whom 1 asked it a
man I saw near, as he was a friend ta Harrisi.n,
would be one of his bail. Bruce said, he had not
seen him this last hour. These were his word,.—
ily this time the man who was in my rear mot t d
back gio until he came in front of me. Wh,n
I made the ioviry about Sims, Harrison's friend.
Bruce looking towards the man had stopii