Star.
London, England, 1819-10-22 00:00:00

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/Owed 'Read, in Cotton-street. went there about
sfii O'clock, and stopped there until about half past
eitisr:en. I had no oue with me at Mrs. head's. I
suet Jones who was wounded, just at the corner of
Oldham-street. Jones had others with him. We
proceeded down Market.street. The company con-
' sisled of five,* including George Moore and George
Steel. When we got opposite the p:isoner's house
there were people passing and re-passing. I do not
know to whom the prisoner was spel:king when he
used the expression " you --." He was in
his shirt sleeves. Ido not know whether he was
speaking to me or my friends, either then or wher,
he said, "If you .do not disperse fire again.,i
lie fired before he said any thing, and before any
ole, as I heard, said any thing tobim. It appeared
to me that he was firing at any one that came in his.
way. without any cause.whatever.
In answer to the Magistrate, witness stated, that
he neither saw nor heard any fling particular when
he got to Cumberland street,' and no one with him
made any particular observation. '
• James Clark.-1 live at 39, Cumberland-street,
and am a fustian-cutter. I was in my lodgings on
Saturday night, the *I of October, when I heard the
report of a pistol or musket. On bearing this, I
immediately started into Deansgate ; when 1 got into
Deansgate I saw another pistol or musket fired from
the garret window of Wagher's house. I ventured.
on, thinking that no ball was fired, bu; was soon un-
deceived by seeing a man who was said to be wounded
in the groin. I stopped until the Watch and Ward
came up. People were then gathering, and ex-
claiming against the conduct of the prisoner; they
called upon them to take him up : the Watch and
Ward asked Meagher whether he had fired his pistol ?
and he answered in the affirmative. Some one ex-
claimed that the prisoner was going to fire again,
upon which the Watch and Ward retreated to Cum-
berland-street, and then a hard substance was thrown
out of the prisoner's window, which broke the lamp.
There were not above five or six persons in the street,
and when I came up with two or three others, there
might be about half a score. I have no doubt of
the prisoner's identity, as I have known him for se-
veral months.

Cross-examined by Mr. FOULKES.—When I came
up, I heard Mather exclaim, " Fire again, you
rascal !" I heard nothing more. When the Watch
and Ward came up, I heard Meagher
.say that he
had fired, but I could not hear any thing farther
from him. I only knew Mather ; he has a wooden
leg ;he wore a blue coat. lam quite sure that it
was the hard substance thrown by Meagher from the
garret window that broke the lamp. The words
" —" appeared to come from the garret
window.

Robert Ralph.—l am a chimney-sweeper, living
in Lombard-street. About twelve o'clock on &dor-
day night, on the 2d of October, I saw the prisoner
speaking to a Gentleman within seven yards of his
door. He bid the Gentleman good night. I saw
the stock of a large pistol in the prisoner's breast.
I returned in about a quarter of an hour, and saw
the prisoner looking through the window in his shirt
sleeves. He passed from one window to the other.
I fell in with George Moore and Joseph Jones. We
were all going home, laughing and talking among
ourselves. Some one near Cupid's-alley called some.
body an " Irish thief." So the prisoner fired di-
rectly, and wounded Joseph Jones. I assisted in 1
taking Joseph Jones away, and heard the report of
another pistol or gun.
Cross-examined by Mr. BARROW.--I was going at
the time with Thomas Stockley to look for his father,
who keeps a stall in the market. The prisoner had a
blue lap coat on when I first saw him, and he was in
his shirt sleeves when I saw him a second time. We
were nearly opposite a grocer's shop near the top of
Parliament-street, when the cry of " Irish thief !"
came from towards Cupid's-alley, about 100 yards
distant. I don't know who used the words " Irish
thief," nor to whom it was meant to be applied. I
could form no opinion to whom the words were ap-
plied. But immediately afterwards the prisoner fired.
When I first saw the prisoner in the street, there were
many people passing and repassing. On my return,
I saw none but the boys, among whom Jones was one.
1 overtook them at the top 01 Cumberland-street.—
The names of those persons were George Moore,
Gerge Steel, Thomas Hoikley, and Joseph Jones.—
The cry of " Irish thief!' appeared to proceed from
a party of eight or nine men, whom I did not know.
I first saw this party about 40 yards from the pri-
soner's house. They were going pretty smartly to-
wards the top of Deansgate away from the prisoner's
house. I did not hear this party say any thing else,
nor do I know what they had been doing. I saw the
prisoner's windows after the shot was fired.
Jonathan Pallowes—l am a copper-plate printer
living in Little John-street. On the 2d of October I
was passing by the top of 13ridge-street, and heard
the report of a pistol. I passed on towards the top
of Cumberland-street. Meagher came to the window
of his house. I heard him cry out " Watch ! watch !"
he also cried out for a picquet of soldiers. He said
that his life was in danger. When I reached the top
of Parliament-street, I met a person who had been
wounded. In passing Meagher's house I saw no
more persons than usually appear in Deausgate at
that hour on Saturday night.
Cross-examined by Mr. Foungas—The windows
in Meagher's house appeared to me entire and un-
broken. I heard nothing particular said by any one
in the street.

Edward.Langtree—l am a fustian cutter, and live
in Back Queen-street ; I was in Dcansgate about half
after eleven on the night of the 2d of October; it
was opposite the Dog Tavern ; the prisoner came to
us, irom the middle of the street, where ha
had been walking, exclaiming " D—n him, if I find
him, I'll have his life." He said nothing more, hut
passed again. into the middle of the street. I saw no,
tiot or disturbance, nor did I hear any one say any
thing to the prisoner, or insult him.
Cross-examined by Mr. BARROW—He did not stop
in Dcansgate, but passed along. The prisoner ap-
peared to be looking for sonic one ; he was with one
or two persons at the time he was walking in the
middle of the street. There were two persons with
me, one named Lomas, the other Edwards. The pri-
soner came up alter us, he did not meet us.
Thomas o,,den—l am employed by the Commis-
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of a pistol or gun. On hearing the second report, I
went out and found a great crowd of people about
Meagher's house. The people seemed very violent.
exclaiming; that they would pull down the house if
he were not taken out. Several called upon me (say.
ing I was a constable) to take Meagher out. I told
them that they'. should send for Mr. Kadin, as he was
the fittest person to interfere on such an occasion.
Examined by Mr. MILNE—Not two minutes
elapsed between the two reports of the pistol or gun.
Cross. exani ined by Mr. Foots:Es —The people
were so violent that I was afraid to interfere. I did
not see the prisoner throw any hard substance from
the window. The people threatened to throw, but
I advised them not to throw, observing, that if the
man_ had committed himself he would be brought to
justice. Some of the people did throw something at
the house, notwithstanding my advice.
Examined by'the M A 618TRA Te—There were about
one hundred people before Meagher's house when I
first reached it. Only two or three minutes elapsed
from the time of the report until I reached Meagher's
house.

The Magistrate asked the prisoner whether he had
any thing to say ?—lle answered, s' What I have to,
say I refer to my professional advisers."
Mr. Bitiaztow stated, that George Steele, whom he
had before expressed a desire to examine as to the
fact of his having been confined two years in Lan-
caster Castle, for felony, was not to be found in the
street where he deposed to have resided. A summons
hadipen issued, but the Beadles could not find him,
and therefore he proposed to examine evidence as to
the tact of this witness's imprisonment.
Mr. ATKINSON protested against the production of
such testimony, as it would expose the character of
every witness to impeachment after he had withdrawn.
Mr. FOUMCES observed, that the whole of the
evidence adduced on the other side, was connected
with this Steele, who was not now to be found.
Mr. ATKINS(*i stated the,case of Harry and Tip-
pett, from Campbell's Reports, to shew that if Steele
were present, the answer of the witness would be
binding, as if he thought proper to deny the allega-
tion of being imprisoned in Lancaster, the other side
could not go into any evidence to prove the fact of
such imprisonment, as it was irrelevant to the matter
in discussion.

Mr. FOULKES, adverting to the Statute upon which'
the present charge was maintained, said, that if he
had fired in self-defence, he was entitled to acquittal.
In the case of Cartwright, at York, who fired at people
who menaced an attack upon his factory, Mr. Justice
Leblanc laid it down that the threats of the popu-
lace not only justified the shots, but rendered his
acts really meritorious. This opinion then he would
apply to the case of the prisoner at the bar, whom
he would shew to have been most foully treated ;n
the course of that evening. First, the prisoner was
grossly abused and threatened at the Dog Tavern ;
and on going home, an attack was made upon his
house, accompanied with threats upon his life. These
facts he felt confident he should be able to prove, not
by such witnesses as George Steele and his connec-
tion, but by Gentlemen of character and respecta-
bility. After such evidence, he must not expect that
the charge against the prisoner would be dismissed.
At all events, he could not apprehend that any other
charge than that of manslaughter would be enter-
tained. The Learned Gentleman concluded with
pronouncing a vio:ent invective against the language
and tendency of the Manchester Observer to excite
the people to attack the prisoner at the bar as well as
other individuals.

Mr. BARROW referred to the case of an Italian who
had used a sharp instrument against a number of
persons who had attacked him, and stated that the
Rev. Mr. Hay, upon proof of such attack, dismissed'
the charge in that Court.
Mr. ATKINSON maintained, that the relief afforded
by the proviso in Lord Ellenborough's Act did not
extend to the present case. If Mr. Foulkes bad read
the Act with his usual discrimination, he must know
that it was necessary to consider it in three points of
view :-1. The crime prohibited, making it a capital
offence; 2. The proviso of exculpation ; S. The time
when the prisoner could avail himself of it. The Sta-
tute eaacts, " that if any person shall wilfully, mali-
ciously, and unlawfully shoot at any of his Majesty's
subjects, with intent in so doing, or by means thereof
to do murder' maim, &c. he shall be a felon and
." suffer death Provided, " that in case ifsball appear
on the trial of any person indicted" that such "' stab-
bing and cutting," were committed under such cir-
cumstances, that if death had ensued, it would not
have amounted to murder, the prisoner shall be ac-
quitted. Now the saving clause does not include
" shooting," and therefore it is not applicable to the
present case. If it were, such could only be available
on trial, and therefore Mr. Atkinson contended that
the prisoner ought, upon the evidence adduced, to be
put upon his trial.
The MAGISTRATE asked whether if a man, in de-
fending his own house, should happen to kill any
persons attacking it, that suck man should be Com-
mitted for murder?

Mr. ATKINSON—I do not mean to urge any thing
but that which the law warrants.
Henry Cantrell was the first witness Ibr the de-
fence.—l am a law writer. I was with the prisoner
at the Red Lion public-house, on Saturday night, the
2d of October. There wlrs another man in our com-
pany. Ido not know who'he was. When we came
out, about half-past eleven, we heard a shout of mur-
der near the Dog. We proceeded to the place whence
the cry proceeded, and there we found people ill-
treating two of the prisoner's men. The prisoner
rescued them, and took them to the Police Office.
When he came out of the Police Office, the crowd
hissed him, some exclaiming, " that's the trum-
peter; take the pistol out of his hand, and blow his
brains out." The prisoner then went on to the George,
the crowd following him. I went with him. Some
of the crowd called- out--" We'll do your job before
the winter is over!" They said that he was the leader
of St. Peter's-field. They followed him all the way
up Deansgate. He said that he had to go to the
Flying Horse, in Market-street, to receive some mo.
trey, and. he requested me to go with him. I did so,
together with the other persons whom I have already
meutioned. He went to Deansgate, and on getting
to his door there was a crowd of thirty or forty pies-
sons, who shouted, " Let as all set upon him at once."
His wife cried out.-.." For Gor'. bake, Edward,

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zne, one names t.omas, tue other bciwarcls. The pri. to his door there was a crowd of thirty or forty per-
soner came up alter us, he did not meet us. sons, who shouted, " Let as all set upon him at once." c;
'Moulds Ogden-1 am employed by the Commis- His wife cried out—.." For Gon's sake, Edward, come a
sioners of t!,e Police to look after nuisances. I was in; or they will murder you!" He went in, and I
in iny huusc in Dcansgate when I he.ird two reports, left him. I went away immediately, thinking my-, hi