The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-08-30 00:00:00

SEDITION.

Thomas Ratcliffe was indicted for sedition, conspiracy.
riot, &c., at Aspull, near Wigan, on the 14th instant.
The Attorney-General for the county palatine, and Mr.
Wilson, conducted the prosecution.
Mr. Harris, the manager of Dickinson's mill, at Aspull,
stated, that on the 14th instant an immense crowd of people,
armed with sticks and other weapons, came to the mill and
ordered him to stop it and turn the hands off work. He
stated that he would not ; he would run the mill as long as
the hands would stop at work. They said, " perhaps the
hands wish to quit work." He told them they might go in
and ask them. They said they would, and they would have
the hands out. He said, seeing this, that if they attempted
to go into the mill it must be at their peril and they must
remove him first. He said he would not have them in the
yard, but if three or four of them thought fit to go in they
might. They replied that some people were so stupid that
they would rather see their mills burned down than they
would stop work, and perhaps he (witness) was one of them.
They immediately begun to batter the gates with their sticks,
upon which he repeated that it would he best for three or
four of them to come in. They went in and begun to talk to
the hands, but witness did not hear what was said to them.
When they got outside, one of them told the crowd that wit-
ness would not Jet the hands out. Some of the men called
out, " well we will have them out." One of them came
forward to witness and said, " will you give us a straight
answer whether you intend to stop the mill, or not ?" He
said he would not. " Will you stop while we remain on
the ground ?" Ultimately, fearing that if they got into the
mill they would do some serious damage, he stopped the mill.
Jeremiah Platt, the carter at Dickinson's mill, stated, that
he remembered the crowd coming to his master's mill on the
14th instant. They had bands of music, and were armed
with sticks. They gave three cheers, and asked for Mr.
Harris. The prisoner at the bar was there. He had a stick
in his hand. Knew the prisoner well had known him for
20 years. He (the prisoner.) lifted up his stick and hammered
the door, calling on the mob to come on. The mob said one
part of their body had gone to Hulton, and another portion to
Winyates.
_

Thomas Magnal, a constable at West Hulton, stated, that
on Wednesday, the 14th instant, about three o'clock p.m.,
he saw a crowd between Winyates and Dickinson's mill.
They were going in the direction of Dickinson's mill. Some
of them had sticks. ' The prisoner at the bar was-with them.
Knew him before.
Cross-examined by the prisoner.—You were in the latter
part of the crowd.

Prisoner.—Yes ; I was fetching my sister from them.
John Whittle, chief constable of Wigan, deposed, that he
went to apprehend the prisoner, with two other constables,
on the 10th instant. As they approached the house, saw
him rush out of the house in company with two others.
Witness saw that he had in his right hand a sharp instru-
ment, rather short, broad, and flat, and shorter than pike
blades usually were. The prisoner then escaped. In his
house was a turning lathe.
The prisoner in his defence merely repeated, that he went
into the crowd to look for his sister. He averred, however,
that the instrument which the constable supposed to be a
pike was but a table knife which he had in his hand. When
he saw the constable approaching, he threw it away in a field
and told the constable so. He told the constable the very
spot in which he would find it.

The constable said, he only told him where he would find
a knife, not a pike.
A witness, who was called to speak to the character of the
prisoner, said that he and his father had found the table
knife (produced) in the very spot mentioned by the prisoner.
Magnal, the constable of Hulton, gave the prisoner a good
character.

The jury found the prisoner guilty of riot. Sentence de•
ferred.

John Wright, aged 18, William Mansfield, 23, John
Hodges, 18, William _Darren, 17, and William Naylor, 18,
were indicted for having, in May last, at Newton, near Man-
chester, been present at and attended a meeting and assembly
of persons, for the purpose of being trained and drilled to
arms, &c., without any lawful authority.
The prisoners withdrew their plea of not guilty, and
pleaded guilty.
The ATTORNEY-GENERAL for the county palatine stated
that he had hitherto pressed his charges principally against
those who were the ringleaders. In this case these young
men had attended a meeting for the purpose of drilling ; but
there were others behind the curtain far more guilty than
they. He, therefore; recommended them to mercy, as far as
was consistent with public justice.
Mr. Conn Err, who appeared for four of the prisoners,
joined in the request, suggesting that as the prisoners were
mere lads, bail for their future good behaviour would be
amply sufficient.

WILKINS reminded his Lordship of the case of
Ryley; it was proved in that case that several parties had
gone from the crowd in a cry for recruits. These lads were
amongst them.—Sentence deferred,
.lames. Fairplay, alias James Coupe, was indicted for
having, in the month of May last, at Newton, near Manches-
ter, attended a meeting and assembly of persons, for the
purpose of training and drilling, and then and there trained
and drilled divers persons to the use of arms, without any
lawful authority.
Counsel for the prosecution the same asbefore. Mr. Wil-
kins defended.
The learned ATTORNEY-GENERAL for the county stated
that this was a very different case from the last, inasmuch as
the prisoner had been a soldier, and was actually seen drill-
ing others.
David Higginson, a constable of Manchester, stated that
on the evening in question he went, in pursuance of orders,
to a place called Ten Acre-lane, in the township of Newton,
where he found a number of persons drilling. They were
arranged in two lines, there being twelve persons in one line
and thirteen in the other. The prisoner stood between the
lines and was drilling them. He gave orders which they
obeyed. They drilled for about twenty minutes, when the
crowd, who were jeering at the proceedings, broke in upon
them. The prisoner said he would pay no more attention to
them it they did not come every night. The crowd breaking
in upon them caused a dispersion. As they were going off
the ground the prisoner spoke to him (witness) and asked him
where he came from. He said from Flixton. The prisoner
osked how parties were going on at Flixton. He meant the
Chartists. Witness said they were going on very well. The
prisoner said—" tell them that we are going to have a meet-
ing." Witness said, " where?" The prisoner replied—
" there are three places fixed—l do not know whether it will
be White Moss, Tea Acre-lane, or Boardman-square—l
think it will be Ten Acre-lane." After some further con-
versation, witness left the prisoner near Miles Platting, and
went to Oldham-road Lock-ups, where he gave information
of what he had seen.
Cross-examined by Mr. WILKINS—" I said before the
magistrates that I heard the prisoner say he would not come
again if they did not come every night:"
The depositions were put in, when it appeared that he
merely said he would not act any more.
Richard Berwick, head constable of Manchester, proved
that the last witness, Higginsou, was sent by him on the 2nd
of May as he had described. Higginson had but just joined
the police, and we therefore deemed him a proper person, as
his face was not known.
Mr. WILKiNs, for the defence, characterised the meeting
in question as a piece of foolery and child's play, and the go-
vernment would have done well to have followed the exam-
ple of the crowd, and have treated the affair as it really de-
served. The parties who had set this prosecution in motion
were deserving of contempt. It had been said, that the peo-
ple had a right to arm for their own defence.
Mr. Serjeant ATCHERLY interrupted the learned counsel,
and put it to the court whether the words of a noble lord, for
whom he did not appear as counsel, were to be made use of
without evidence.
His LORDSIIIP said he could not hear these sort of state-
ments without evidence. However, the learned counsel had
not mentioned who had so stated.

Mr. Serjeant ATCHERLY—" Yes, my Lord, he said the
noble lord the Secretary of State for the home department."
Mr. WILKINS—NO, I did not; but I thank my learned
friend for having put the cap upon the right head. It seems
the fact is so notorious that I need not offer evidence. The
learned counsel proceeded to say, that such a meeting as that
proved did not come within the meaning of the act.
His LORDSHIP said, he must again interrupt the learned
counsel. The offence proved didcome within the act.
Mr. WILKINS then went on to comment upon the evi-
dence, repeating that the prosecution was utterly ridiculous.
and calculated to bring the laws into contempt.
The Jury found the prisoners guilty. Sentence deferred.