Star.
London, England, 1826-07-13 00:00:00

.

,
No. \s, C.l

4lefendanth father since the death of the testator in the
ear
' and now descended to his son. This fact
• t
being proierl,'"and also that the plaintiff's house, and
the building adjoining, were erected at different periods; i
although the defendant lived on the opposite side of the'
road to the erection in question, it was the opinion of
the Learned Judge that the plaintiff should be non-
meted,
,with permission to Mr. Selwyn to move the
Court at Westminster either to set aside the nonsuit, and
enter a verdict for the plaintiff, or that the facts should
Ise turned into a special cue for argument.
The dads is dais ease were u amine as the time of Charles H.
nod ear witness was predoced tvlo speak to 70 years' msg., and the
Wits of foorgeowasisos of the family as to the peppery ia dispute

YORK. Sus.s is.

NA* Hordneorth, William Belton. Edward Marsh,
Anthony Miller, and Henry Town. were severally ar-
odlgned for rioting in this county, and darts's/jag mills
at Addingham. Holdswortb and Bolton were first put
°Olivet:. trial.
Mr. HARDY stated the ease for the prosecution. The.
'indictment in this case .was framed in pursuance of the
statute 53 Geo. 111. c. 130. by which the offence now
charged against the prisoners was made felony without'
benefit of clergy. It was most lamentable that any'
Eisen should labour under such a delusion as to imagine
that such gross violations of the law could be of any
'benefit to them, or could in the least remedy the dis-'
tress Which, there could be no doubt, they had suffered.
The greatness of this country depended on her manta.'
rfaztures ; and Vie superiority she possessed in those
manufactures was almost entirely owing to the ma-
ehinery employed opon them. If that machinery
should be destroyed, her merchants and manufacturers
-must suffer, and commerce would be driven from this
country to the other nations of the world. The present
case added another to the instances which the adminis-
tration of our law had often before offered of the folly
as well as guilt of men giving themselves up to the
guidance c 1 a mob, by whose influence they were often
driven to the commission of crime that might be fol.
!Owed by the severest punishment, and perhaps lead to
a disgraceful end. The Learned Counsel then stated
the facts of the case, and observed that he should be
able to show most distinctly the very active part these
prisoners had taken in the riot, not only doing all in
their own power to destroy the mill, but urging, by
voice and action, the mob that followed them to com-
plete the lawless work of ruin. lf, as he believed, he
should be able to make out his case, the Jury, however
they might regret it, must convict the prisoners.
John Ingham—l am one of the constables of Brad-
ford. I was in Messrs. Horsfall's mill on the 3d of
May last ; it was about a quarter past four in the after-
noon. 1 heard a mob coming ; I looked out, and saw
them approaching, armed with sticks and bludgeons.
.out the gates immediately, and went into the mill.
(The witness here gave a local description of the mill).
The attack was made on the east side; the mob tel up
a great shout and threw stones; they went round to the'
north side, and attacked it with sticks; they broke in,
the lower windows, and drove in both windows and
window-frames. This continued nearly a quarter of an
host ; one own wrenched out an iron stanchion, and
another joined him and tried to get in ; the soldiers then
swore they would not stand to have their brains beat
out without defending themselves, and then they sprung
• ollkwatta and commenced firing, by which they prevented the
**often) getting in. I did not see the prisoners until
sifter the attack had ceased; they were not topther ; I
did not see either of them throw a stone. The mob
might consist of 1,500 or 1,600 persons.
Joseph Teasdale.—l was at the mill on the 3d or May
I know Holdsworth ; I saw him on that day in the field t
tie was breaking stones, by throwing large upon small
stones ; he squandered them about for otter people to
fling; I alterwalds saw him talking with Col. Tempest;
that was after the magirrates came; I did not see him
do any th;ng else besides break stones. The mob was
about four hundred strong. J
James Gladdest -4 was at Messrs. Horsfalrs mill rn
the 3d of May, when the attack was made upon it;
John Holdsworth was there ; he was walking. amongst
the mob, carrying stones ; there were three windows in
Oat part of the mill. and two of these were taken out
and filled up with great stones, to cast upon the mob if
they should attack the great gate. I heard somebody
say. "Stick to it, my lads, we shall soon get In ;" but I
don't know that Holdsworth said so ; after Colonel
Tempest came they were running away, and he called
them to come back and hear the Riot Act read; they
did come back, and the Riot Act was read ; Holdsworth
then spoke, and when Col. Tempest tried to interrupt
him, he said, " Silence, Sir, let me speak." There were
about three or four hundred people in the mob ; there
might be some hundreds watching them.
Samuel Hill, who was also in the mill, swore be sort
Bolton fling one stone with his left band, no windows
could be broken on that side.
Cross-examined by Bolton—He did not know Bolton
ell after this transaction ; he had seen him before, but
did riot know his name. When Bolton beard this state.
men% he addressed the witness in a most pathetic tone,
and asked him whether they had not been brought up
vsgether,and whether be did not know him as well ashis
own brother ? Hill coldly answered this interrogatory in
the negative, and persisted in his denial, though Bolton
avowed to recall their former intimacy, by reminding
him of an accident that bad happened to him (Bolton)
some years since.
John Gamble saw the mob on the day in question ;
they appeared eery riotous ; witness saw Holdsworth
there, but did not hear him say anything to the mob; he
spoke to Colonel Tempest, and asked what he was to do ;
be spoke in a very austere sort of manner.
Mr. T. Hord& proved that he sad three of his brothers were
warners sf the atilt, at which a manufactory of worsted was carried
on; witness heard Heldswarth speak to Coked Tempest.
Mr. Haaar..-That is my caw
Mr. Baron Hotaoct—That is net at Alike the ems yea opened,
Mr. Hardy.
The prisoner Holdsworth. in his defence, said he had
gone to the town for medicine for his child, and when
he heard of the riot. he weal up to the mill, and seeing
a boy shot, he said to the mob, " Lads, don't go at the
mill, for mill is man's castle, and if they shoot ye all,
ye cdn't d. any thing at 'em." When Colonel Tempest
came up and told the mob to disperse, be said he pitied
them from his heart, for they seemed to be a distressed
sort of people. Prisoner said, 44 Yes, please your honour,
what are we to do, we weave thirty yards for sixpence,
and what can we de?" Prisoner could to deny list
be was there, but he declared be was not guilty of "the
offense laid to his charge.
Belton also admitted having been present, bat not tin situ the
• i 4041 was over. and denied the charge. deciding bs could net throw
mime, for he had lost the use of Wright site lean cgs a 7 a mob
Mat Foster.-1 was passing by the will, mg I saw ikideweetbs
who was stand/ft with several ethers, wadies the mob; he was
&jag nothing ; I west forwuda, sad what booms of Mat I
set Isom