The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-09 00:00:00

. .

10Vilt LAXCASHIRE ASSIZES.

'CROWN COURT.—PainAT.
"''TEEM TOtrigrOltinN RIOTS.
George Turfifr,tged 22, and James Lord, 26,1verev\harged
Itith.having, dn-the2sl4t` of November last, at Todmorden,
with divers otherixtrsonn, unlawfully, riotciesly, and tumul-
tuously assembled, and then and there demolished, pulled
down, anti destroyed- the' windows, vtindow frames, doors,
and certain futniture in the dwelling-house of ;William
and also certain windows, &c., in a mill belonging
Ito the said ‘l.--itHitta'Helliweill,
Mr. Sergenntliteherley and Mr. Brandt for the prosecu-
tion. Mr. ilitolidstng Mr. Bliss, and Mr. Blain defended
Lord, and MrADWitta*, and Mr. Cohhett appeared on behalf
'a 'Turner. ar2 1.1,)-c
Mr. SergesniAtensamty stated the case to the jury.
WilliaaVifeltiwell deposed that he was a cotton-spin-
ner, Pear'TodutOriltrftw There had been in that neighbour-
hood an nnioir under-the new poor-law, which was very un-
popuisir.in thitepartlff the country, so much so, that several
gentlemen had restgned the office of ~,,:uardians. He (witness)
was a gnardiaff balder the act on the 21st of November last.
On that day therelvas- a considerable assemblage of riotous
persons at Teldmorden,
Mr. DusreA..4 'Said he was counsel for one of the prinoners.
He believed it tad been ruled that, before the circumstances
of the riot were prnved, it was essential that the presence of
the prisonerilimongst the assembled mnititude should be
made evident.
His LonintniP'said he always understood the practice to
be just the Cotftraty.
Mr- DuNnltt-eaid he was present at a trial at York, when
it was so rand by Baron Alderson. The learned counsel
read an extraCt.from 'Sir Gregory Lewins's book, which
showed thatlhe course had been confirmed by the judges in
special commtesion, and acted upon at York by Baron Alder-
son.

His LORDSHIP went out to consult with Baron Alderson.
On his return he said the learned baron (Alderson) had no
recollection whatever of the circumstance, and his impres-
sion was that the report alluded to was inaccurate. He
(Baron Park)elowever, had a perfect recollection that the
special commission, of which he was a member, had ruled
otherwise. He was not disposed to depart from the ordinary
course.
Mr. Helliwell proceeded with his evidence. The mob
went away, and returned a second time, when they advanced
to his houses iThe mob consisted of about thirty persons,
who broke his windows, smashed the iron rails in front of
his house, brake the. panels out of the front door, and even
smashed in the window. frames. There was a great noise of
shouting and yelling. He considered that there was much
danger, andtheiefore *aced his wife and children up stairs
in a place olJeefety, and he and a friend who was with flien
armed themselves: The stones flew very thick. Next morn-
ing he set hiff;fout upon a stick as thick as his arm, which
had been thrown through the window, and there was in the
room a stone as thick as his arm. It was about half-past
four o'clockswhan they arrived.
James Greenwood, corn dealer, stated that he was dining
on the day in quistion with his friend Mr. Helliwell. Heard
of the approach. of the mob. Observed the mob. Saw seve-
ral, the principal-part of the mob, with bludgeons and sticks.
They broke Mr; Helliwell's windows, then proceeded along
the road to Mr. Bakup's houses where they did some injury,
and returned when they broke all the windows and window-
frames, the doors and rails. They then proceeded to his
(witness's)•brotlaer's, which was nearer Todmorden. Soon
after that his brother's windows, doors, and rails were bro-
ken, also those of his brother's mill. Went home to Hare
Hilt.- The mob proceeded towards Todmorden Hall. He
(witness) could hear them. He heard great shouts and
breaking of windows. When he got to his mother's at Hare
Hill, he ordered the house to be secured. He put the fami-
ly into thefeellar for safety. The mob approached with blud-
geons of different descriptions sand plenty of stones. They
demolishecisoll the windows, and entered the house in great
numbers. i-He (witness) had not taken any part in the new
poor-law : he was attacked because he was a friend of Mr.
Helliwell. The kitchen and .the breakfast room were both
set on fire. The staircase which led from the breakfast room
to the sleepttkrooms was set on fire.
His Loatetwfies-That was a much more serious offence
than a riot: -
Mr. Greenwood, in continuation.—Several of them called
out, " BrisrAellint out, bring him out, kill him !" They were
principallr fieteey people.'
His Loansit sP=said he thought there was now evidence
enotigh of ridt •' they might now give evidence to connect
the prisonefe with it::
Williamirkfriered called.—He stated that his brother lived
on the NM; to Btfc,op. On the 21st November he saw the
mob. Their-thee* stones at him, and cried, " Kill him, kill
him ! he liele bastile chap." The individuals were armed
withbludtedet, They were workers in the factories.
Eli Crossley stated, tbat he was in November last a ser-
vant to Mr..Helliwell. On the 21st November, as he was
brlhging theehildrert home from school, a little before four
o'clock, hVeraw a.mob coming. He hastened home, to get
the childrAleinto the house. As they were coming, he saw
George Turner the first, and James Lord in the back part of
the crowds t'lled.known Turner well for several years. He
and Turner went to school together. Had known Lord
about sit' months. Had heard him (prisoner) call him
" Skilly Billy." - They used to call his master that, and he.
believed it Was-a term applied to poor-law guardians. He
did not knoir what. it meant. The crowd kept together, and
theprisoners'paesed in with them. He saw the crowd come
back, bueit was getting dark, and he did not see the prison-
ers return with them.
By Mr. -Moment's}, for Lord.—Did not see who threw
the stones, as they came so fast that he could not see who
threw them. They 'were loaded with stones as they came
up, and did' not: stay to pick any up. There were a good
many small boys amongst them. There was another person
whom, he could have identified, but he and others had left
the country, and had never slept at their own houses since.
Lord lived at' a mill about half a mile from Mr. Helliwell's.
He was a Working man, and had a wife and family. He was
taken at the White Hart. The prisoners were all brought
up in irons., and when he saw them he identified the two
prisoners:' Knew a man named Joseph Barker; never had.
any conversation with him about the prisoners. Never ,
asked him if Lord was amongst the rioters. Barker said he
wondered at him knowing Lord. He (witness) told Barker
that he was unhappy ' • he was unhappy because he was threat-
ened. Did not think he said that he might be mistaken in
speaking.to the presence of the prisoners. Did not say so.
Said he remembered Lord once at a buff-hunt at Todmorden,
where they were going to sell some calico that was distraiied
for a fine. • Lord was abusing the auctioneer.
liy Me:-Irusnsas (on behalfof Tut ner.)—Was standing in
Mr. Helliwell's front room when he observed the mob. Stood
near the whit of the window.
Re-czar/lined by Sergeant ATCHERLRY.—Had this conver- .
sation with Barker one day when taking the children to
school, elnee the riot. Lord was in Mr. Fielden's employ,
and Barker also.

By tlfit4ctroz..—Could not see whether the mob had
bludgeottear not. =They had pieces of wood.
Mr. I:bsitiom: wished the witness to be asked if Turner
were a ntartied matt. His lordship said this was not a legiti-
mate qutift- It bad nothing to do with the inquiry.
Richaidtehambers deposed that he was a stationer in Tocl-
mordent:4lls shop was near the house of Miss Hult. About
three 01-lbatror a little after, on the 21st November, heard a
great nafrairi,the street, and went out. Saw a mob of about
300 pera4ts.:,: They went towards Mr. Helliwell's. Took
notice °Veit:crowd, and recognised George Turner in the
middle eft' t.; He was carrying a very large stick over his
shoulder!" -Mad known Turner half-a-dozen years. Saw also
James Lord walking on the causeway, by the side of the
crowd, the bulk of which was in the middle of the street.
Some of the crowd had gone on before. He might be one of
the crowd dr he might not. He had not aclub—but those in
the middl6 of the street had. Had known Lord about half
a year beford: -He passed close to him. The mob went into
Mr. Fieldteir-ghouse;
By Mr.Abtsti.nus.—He (witness) looked in for curiosity,
and a goOd•niiiity people did the same.
By Mr. DuNDA.s.—Was standing in the street. The road
there isigir yards wide. It turns into the highway, which is
a goodNvidth. The mob went by at a pretty-quick pace.
William Greenwood was, in November last, an assistant to
Mr: Suggen, a grocer at Todmorden. Saw the mob on the
21st November. -Witness went out. Saw Turner with the
mob. Me -yaiabout the middle of the road, with a stick like
a piece of peeled oak. A stone was thrown which went past
his head through the shop window. Could not speak exactly
to the time. It.might be between five and six o'clock; it
was dark. Some one called out to the mob—" What the
devil aki;you. doing there—go to Hare Hill the next." The
snob immediately proceeded forward. When they were op-
posite to Todmorden Hall, from whence they came to his
master's house, he heard a great noise of glass breaking.
By Mr. Dusina.s.—The moh stopped opposite to his mas-
ter's shop, but did not see more than one stone thrown.
Thomas Lord was in Mr. Holliwell's mill when the snob
came up. • Before they went up to Mr. Ormerod's, observed
the actions of the mob. Thought, but could not just positively
swear, that he saw James Lord. He thought it was the per-
son ; was high up in the mill, and could not see distinctly.
Jane Ramsbottom, niece to Miss Holt of Todmorden.
Remembers the mob of November last ; was standing at the
window between three and four o'clock in the afternoon; saw
the mob ; they were armed with clubs. Saw George Turner;
he had a club over his shoulder; had known him about four
Tears, and was quite certain he was the man. Some time
afterwards they eame to her aunt's house, and threw stones.
Joseph WoodcoCk deposed that, on the 21st November, he
was about three mile*, from- Todmorden, at Woodmil, the
owner of,which Was.a guardian. The mob came there about
three o'clock, and broke the windows of the house and mill.
Saw Lord in the crowd; 'he was not doing anything. Knew
him before very welt. They went back towards Todmorden,
passing, by the house of Mr. Hill, who was also a guardian.
They said he (Mr. Hill) was a guardian, and they would
break his windons. He said they should not ;he would re-
sign. They obeyed his orders, and walked forward, Lord
accompanying them. When they got a little forward, they
said they would take Todmorden Hall next, the residence of
Mr. Taylor, a guardian, and a magistrate. Lord said they
would go first to Dervel's Gate, the residence of Mr. Helli-
well. They called Mr. Helliwell " Skilly Billy." James
Lord was the person who so designated him. They went for-
ward in That 'direction.
Mr. .flts4has said he would call his lordship's attention
to what he conceived tube a fatal objection to the indictment.
The jury were called the jurors of our sovereign lady the
(men, instead of the jurors for our sovereign lady the
qtieen. This was contrary to all precedent. The jurors were
to inquirer" for " our sovereign lady the queen.
MrOcrgeant ATCHERLEY contended that the jurors were
of the queen, and that precedents frequently run so.
His LORDSHIP thought not. It would come properly in
the shape of an arrest of judgment. If any authority could be
produceip support of the objection, he should be influenced
by it. His present impression was, that it was not material.
PerVps jfran arrest of judgment or a writ of error were. here-
afte itartd,.*Mne authority could be produced. Acting on
his own unaided opinion, he thought the defect was cured by
the capti9p.:
Mr.l66llnitus addressed the jury on behalf of Lord. He
Contended that the only evidence which materially affected
the prisoner for whom he appeared was that of the witness
Woodcock. The testimony of this witness, he conceived,
taking into account the manner of the witness in the box,
and other matters, to be altogether unworthy of credence.
According to his own account, lie must have been as much
present with the mob as the prisoner against whom he gave
evidence. So far as any other testimony went, Lord was
merely present, and not concurring or aiding and abetting,
the proof of 'which he conceived to be essential. It was
shown that he had no stick, lie was not seen to throw a stone;
andlosict.or :word was imputed to him, except by Wood-
cock, that could implicate him as an active partisan, There
were individuals abut the crowd looking on as well, presum-
ing him to have been present. He was, however, instructed
that Lord was not present at all, and that even the witness
Crossley- was mistaken. The learned counsel then dwelt on
theaeettt4ifficulty that there was in identifying persons, and
t'aeafititient mistakes that had occurred. He pointed out
that "fieither Mr. Helliwell nor Mr. Greenwood would venture
to speak to the identity of the prisoner. He thought it was
very likely that Crossley had been influenced in his judgment
by theinstilting expressions which Lord had foolishly applied
to Min..
Mr.:DDNDAS, on behalf of Turner, charged the attorney-
gemitilr'ke tUntiounty palatine with unfairness in having
questitrift.d.ohe,of the witnesses respecting the supposed pro-
motioieof Lord, by Mr. Fielden, in his service. With much
ermat-ire &Welt upon the conduct of the tories, who, he said,
ha&-*edivery means in their power to excite the minds of
thg.PfiVirbier-the- whole of that part of the country against
th(peii'litior law. It was not such men as Mr. Fielden, who,
he *relied was now a public character, but it was the tories
who had at the -last election plastered the walls over the whole
district with blue bills, which had set up the backs of the
people against the new poor law. He thought, and had al-
', ways thought that the poor law was a most excellent measure,