Star.
London, England, 1822-04-06 00:00:00

7- ----,: 1

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MARCHESITR OVTR :GE.

LANCASTIIII £551115, AP lIL
THOMAS IRDPORD, StAIRCIVS; V. HUGH MOMENT
NERLSY, ALSICAUDSH OLIVER, RICH %No WHITTING-
TON, AND EDwAND KRAGRES, DRiaNDANTS.
AU the Other business of the Assizes, both civil
and criminal,
having Yesterday been concluded, this
cause alone remained to occupy the undivided atten-
tion of the Court. Mr. Justice BATERT having heard
some causes on the civil side yesterday morning, left
town in the afternoon, transferring to Mr. Justice
tioLHoTH the conduct of the Manchester question as
a civil proceeding, which had been so often before
him as a misdemeanour. Most of the Counsel, suitors,
witnesses, and Jurymen, likewise left Lancaster in the
course of yesterday and this morning; so that the
Manchester Magistrates, and the witnesses for and
against the Yeomanry, which consist of some hun-
dreds, were the only strangers connected with the
Assizes that remained. The cause was ordered to
be taken at nine o'clock this morning. A short time
before that hour, the Grand Jury box, the bar, and
the part of the Court provided with benches, were
crowded with well-dressed persons, eager to witness
the proceedings.
At a little before nine o'clock the general doors of
the Court were thrown open, and the rush was nearly
as great as on the trial of the same cause at York.
At nine o clock Mr. Justice HoLnoirD took his seat
on the Bench. Several of the Manchester Magistrates
1 sat on his tight.
After the usual forms on opening the Court were
gone through, the Clerk of the Peace proceeded to
call over the names of the Special Jurors, when the
following six Gentlemen appeared:
J. Harrison. Esq. of Landing J. Whitaker, Esq. Broad Clough
R. Taylor, Esq. of Finthwaite R. Gillow, Ea+ of Forton
R. Sagar, Esq. of Southfield, M. Hughes, Esq. of Sutton.
Marsden.
There being only half the panel of Special Jurors
present, a tales was prayed by the plaintiff, when the
following persons answet el to their names :
Matthew Jackson Robert Chadwick
William Barrow Isaac Walker
John Titchfield William Tomlinson.
These six, together with the Special Jurors, having
completed the panel, the oath was administered to
all—not separately, but at once. John Harrison, the
first of the Special Jurors, sat on Ridgeway's trial,
and ought probably to have been objected to by the
plaintiff on that ground.
Mr. Serjeant HuLLocK intimated to the Learned
Judge, that Mr. Blackburne was rather unwell, and
asked permission for him to sit within the bar.
Mr. Justice HoLEovD readily consented, adding,
that if any place was more convenient for Mr. Black-
burne than another, he had only to signify his wish
to sit there, and it would be complied with.
The Learned Juno!, addressing himself to the Gen-
tlemen that had served on Juries, observed, that they
were all at liberty to depart, except those in the box.
The Counsel who appeared for the plaintiff were
Mr. BLACHNURNE and Mr. JoSHUA EVANs; Solicitor,
Mr. HATWARD:—for the defendants,. Mr. Serjeant
HOLLOCK, Mr. Serjeant Cnoss, Mr. LITTLF.DALS,
and Mr. STARRIE.
The pleadings were opened by Mr. JOSHUA EVANS.
The declaration, in the first count, stated, that the
defendants, on the 16th day of August, 1819, as-
saulted the plaintiff at Manchester, and with certain
swords gave and struck him a great many violent
cuts and strokes on and about his shoulders, by which
means he became greatly wounded and bruised, &c.
and there is another count for a common assault) and
the damages are laid at £.500.
The pleas set up by the defendants were—
,. Ist, The general issue' Not Guilty.'
" 2.11 y, A riot committed by the plaintiff and others in the
view of the defendants. whereupon the defendants requested the
plaintiff and others to disperse; and because the plaintiff and
others would not disperse themselves, therefore the defendants
laid their hands upon the plaintiff, &c. to disperse them.
" adly, A conspiracy by the plaintiff and others to move and
excite the King's subjects to hatred and contempt of the Govern.
meat, and to alter the Constitution of the Realm ; and a Meeting
at the time, when, Etc. in pursuance and furtherance of that con-
spiracy, and a request to disperse, Etc. as in the second plea.
" 4th, That the plaintiff and others unlawfully met in 1 tu-
multuous, dangerous, and menacing manner. to the terror and
nuisance of the late King's subjects, and a request to disperse,
Etc. as in the third plea.
" sth, That the plaintiff and others unlawfully and riotously
met to disturb the peace, to the great damage of the public peace,
and a request to disperse, Etc. as before.
" 6th, That the plaintiff and others unlawfully met and as-
sembled in a dangerous and menacing manner, and a request to
disperse, &c. as before.
" 7th, That the plaintiff and others conspired to excite the
subjects of the late King to hatred and contempt of the Govern-
ment, Etc. and that they unlawfully met for that purpose, and s
request to disperse, Etc. as in the preceding plea.
" Sth, That the plaintiff and others unlawfully met to excite
discontent in the late King's subjects against the Government
and Constitution, and a request by defendants to disperse, &c.
as in the next preceding plea.
" Bth, That the plaintiff and others committed a riot—that
proclamation to disperse was made by a Magistrate—that the
plaintiff and others refused to disperse, whereupon the defend.
ants gently laid their bands on the plaintiff and others to disperse.
" lOth, That Henry Hunt and others riotously met—that
divers Magistrates, on view of the riot, issued their warrant to
the constables of Manchester to apprehend Hunt and other per-
sons—that the defendants on that occasion acted in aid of the
constables—that the plaintiff and others assaulted the defendants
whilst acting in execution of the warrant, and that the defend-
ants in their own defence did a little strike, cut, wound, Etc.
the plaintiff.
" 11th, A like plea, except as to alleging the assault to have
been made by the plaintiff, Etc. on the defendants, immediately
after the execution of the warrant.
" 12th, That the plaintiff committed a riot, &c. that the de-
fendants endeavoured to restore peace, whereupon the plaintiff
and others assaulted the defendants, who, in their own defence,
struck, Etc. the plaintiff.
" 13th, A like plea, alleging an unlawful meeting Instead ot
a riot.
" 14th, That plaintiff and others made an assault on the de-
fendants, wherefore the defendants defended themselves; and,
if any tmage happened to the plaintiff, it was from his assault
on the defendants, and in defendants' own defence."
There were originally 51 pleas, containing 59,000 and odd
words, and spread over am sheets, but the Matter struck out
37, leaving the above 14.
Mr. BLACIOSURNE tken addressed the Jury' at great
length, and with great ability, in behalf of the plain-
tiff. The action was brought to recover damages for
an assault committed by the defendants on the plain-
tiff at Manchester, on the 16th of August, 1819. As
to the fact of the outrage on the plaintiff, there could
be no doubt; and the only question which the Jury
would have to determine was, whether the defendants
were justified in committing that outrage or not?—
The Learned Gentleman then entered into a lumi-
nous statement of the circumstances _attending that
melancholy day ; urging the strict legality of the
Meeting, the peaceful conduct of those assembled,
and the wanton and unprovoked manner in which