Star.
London, England, 1819-10-04 00:00:00

CORONER'S INQUEST ON JOHN LEES.

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OLDHAM, SATURDAY, OCTOBER 2.
(Evidence cuntinued4
At nine o'clock the Jury answered to their names.
Mr. BARROW, a New Bailey attorney, stated, that
as 31r. Ashworth was not well he appeared there for
him, and got permission to have the examination of
Mr. Davenport, the last witness on Wednesday, left
open till Monday, as Mr. Ashworth wished to ask
11'm some questions.
Coaosaa.—ls any person in the room for ne

Ti,nes? -
Mr. Evans.—l am here to take notes for The Times.
Connuatt.—What is your name?
Evans.—My name is Evans.
CORONER.—Then I forbid you to take a single note.
And, Mr. Finnerty, you are forbidden to take a note,
for the Morning Chronicle contains a very incorrect
account of the proceedings, and this is aggravated
by your saying that you had complied with the in-
junction.
Mr. Finnerty.--The Morning Chronicle only co-
pied from The Times, as every Paper must do when
once another Paper publishes.
Conowatt.—No, it is not a copy from The Times;
for to do The 'limes justice, it is more correct. You
say that I asked many impertinent and trifling ques-
tions, without mentioning the questions.
He then read parts of the opinions of Lord Ellen-
borough, Mr. Justice Bayley, Mr. Justice Abbott,
and Mr. Justice Holroyd, as stated when they granted
a rule for a criminal information in the case of Street.
(Commenting was, however, the precise word used
by the Judges as the ground of complaint.)
Mr. BARROW submitted, that if it were only a copy
from another Paper it was equally a violation.
Mr. Evans.—ln the case of Street, it is only com-
ments that are complained of. Now, The Times has
made no comments whatever upon the evidence.—
You acknowledge that the evidence is correctly
given; I therefore hope that you will not forbid the
taking of notes for it.
CORONER.—I do forbid it. I understand you have
used great haste in getting the accounts of the first
clay conveyed to tOwn. You have been very criminal.
Mr. Evans.—l did use haste ; but the evidence
being correct, I hope you will not on that account
forbid the taking of notes.
Coaoxsa.—There are omissions, of which r see
the object.
Mr. Evans.—l believe the report is as correct as
any report of the kind can be. In giving the evi-
dence of Dr. Cox, it was impossible to be quite full,
as lie spoke in such a very low tone of voice.
Mr. Finnerty still contended that the Morning
Chronicle had not violated the injunction.
The CORONER charged the Morning Chronicle with
gross misrepresentation of the first proceediugs in that
place, and with incorrect representations of the pro-
ceedings now ; and added, " I do not envy the head
or the -heart of the Editor of that Paper, or of you."
Mr. Finnerty appealed against the decision.
CORONER.—You may appeal.
Mr. Evans again requested that notes might be
taken for The 'L'imes. CORONER—No, not one.
He then inquired again the names and objects of
all who took any notes.
Mr. BARROW now said that he understood the evi-
dence was limited.

Mr. HARMER begged to read a case which was
strikingly applicable to the present, in order to save
future discussion. In Plowden's Pleas of the Crown,
the opinions of the Judges at an Assize in Salop, in
the Ist of Mary, respecting the trial of persons upon
an indictment for aiding and abetting the murder of
one Oliver, in Montgomeryshire. The objection was,
that the principal in the first degree, that is the per-
son who inflicted the wound, had not been found or
tried, and, therefore, that the alleged abettors could
not be tried. All the Judges held, that the aiders
and abettors were to be tried as principals, not only
in law, but in deed ; for by their numbers and
strength they prevented the deceased from making
the defence which he might have otherwise made,
and which might have saved his life.
Mr. BARROW professed diffidence in arguing a
pcint of law in the absence of Mr. Ashworth ; but
maintained that the cases were different, inasmuch
as the principal in the case referred to was known,
but not in the present case.
Mr. HARMER replied, (after having contended
with the Coroner for his right to reply) and argued
that the discovery or conviction of the principal in
tl:e first degree was immaterial to the question. If
the persons accused had, by their numbers, strength,
and aid, prevented the deceased from making the
defence he might otherwise have made against the
individual who struck the blow, they were principals
in the second degree, and as guilty as the person
who actually struck.
_ _

CoitortEn—. I think that there can be no accessories
without a principal.
Mr. HARMER—No, they are principals in the se-
cond degree, and not accessories.
CORONER—I see Mr. Ross now suggesting to you.
Mr. HA RNIER-4 desire no suggestion.
CORONER—But you see now that I was correct,
when I said that he assisted you.
Mr. Ross—You was not correct at the timi you
made that assertion.

CottoNEß—l desire you to be silent, Mr. Ross.
Mr. Ross—Sir, 1 shall not be charged with a false-
hood without contradicting it.
CORONER—I shall have you turned out of the
room, unless you be quiet.
The Court then proceeded with the Inquest.
Sarah Lees, an interesting young girl, dressed in
genteel mourning, was the first witness called. She
stated herself to be the sister of the deceased. Her
account of her brother's appearance on his return
from the Manchester Meeting on the 16th of August,
id of his situation up to the time of his death, cor-
tiven by her mother, and which
published. In the course of this
Harmer was charged by the Coro-
ming to alter some of the witness's
farmer denied this, and mildly, but
that be was incapable of the con-
him. His only object and wish was
and to obtain justice.
was Daniel Kennedy, a journey-
deposed to having been employed
of Deansgate, Manchester, to
of the Yeomanry Cavalry. It

was in July. During
the week.ending the 17th July,
he had sharpened 60. They were ordered to be
made very sharp, and he made' them so. -There
were but a few sharpened after that peridd. The
Yeomanry brought theistswords and took them away
when done. Swords had been brought to the shop
on other occasions to be cleaned, but he got no par-
ticular directions about sharpening them.
Mr. Harmer hiving repeated one of the witness's
answers somewhat differently from the way in which
it had been uttered—
The CORONER said, Mr. HEMET, you shew too
much zeal—a zeal which will be fatal to the object
you wish to attain. I have already cautioned you to-
, day on this head. I know very well what your mo-
tives are in doing this, but they will be defeated.
Mr. HA RN! ER --GOD forbid, Sir, that I should be
defeated in my object; for I seek only for justice,
and that I hope is the feeling by which 'we are all
actuated.
The witness was cross-examined by Mr. BARROW,
but nothing material was elicited from him.
Thomas Padmore being sworn, said he had seen
some of the Yeomanry Cavalry at Pickford's, near
St. Peter's Church, and some more in Portland •street,
on the 16th August. The Officers were righting and
lefting the men ; then they stood for half an hour,
after which they were ordered to load their pistols ;
they did so, and replaced them in their holsters.—
After a little time they were ordered to draw ; they
instantly drew their swords, and galloped fu' iouslx
towards Peter's-field. They appeared as if they were
mad, and frightened the people very much. He
was much alarmed and went to his house; he saw
no snore that day.
Examined by Mr. HARMER-It was Mr. Trafford
and Mr. Birley who were ordering the Yeomanry.—
He knew Mr. Birley before, but not Mr. Trafford.
Mr. BARROW objected to those questions ; they
only went to fix a serious charge on two Gentlemen,
without any just ground for so doing.
The CORONER was of the same opinion. He saw
no reason why such an examination should be allowed.
He must therefore stop It.
Mr. HARMER—&GOD forbid, Sir, that I should at-
tempt to affix any charge on those Gentlemen un-
justly. By this witness I shew that Major Trafford
and Captain Birley were commanding the Cavalry,
and I mean to bring evidence of their having been
acting in Peter's-fie!d with them.
The CORONER refused to allow the examination.

Mr. HA ftsiza (handing in a written paper)—There,
Sir, is what this witness.can prove. If you think
that it ought not to be stated, you will have the
goodness to hand it back to me.
CORONER—What! do you take the depositions of
witnesses before they come into Court? L understood
you to say differently the other day.
Mr. HARMER said, he did, as it was his duty, in-
quire in many cases what witnesses could prove. He'
had, however, on a former occasion, truly said, that
many witnesses were brought forward of whose tes-
timony he had no previous-knowledge.
The CORONER read over the evidence, and asked
witness if it was correct?

Witness replied—lt is ; but there is one thing
which I forgot to state. While the Cavalry were
standing in Portland-street, a man rode down, as if
from Mr. Buxton's house (where the Magistrates
were stationed on the 16th), and handed a letter to'
Mr. Birley.
CORONER—Yon do not know but it was from the
Post-office.

Witness—Mr. Birley gave it to Major Trafford,
who opened and read it • Mr. Birley looking over
him, and reading also. Having read the letter, the
Officers turned to the men, and ordering them to draw,
galloped up the street, followed by the whole party.
Witness was asked a few questions by Mr. Barrow,
but from the very low tone in which he spoke we
could not hear his answers.
Peter Drummond was next called. He stated as
follows :—I am a weaver, residing in Strong-street,
Manchester. I was in Peter's-field on the 16th of
August. I heard that Mr. Hunt was coming up
Moseley-street, and I went to see him. I found, how-
ever, that he was not there, and so I returned to Pe-
ter's-field, round the Cottage wall. There I saw a
number of people with flags. I went round, and
stood near Mr. Buxton's house. I saw a double line
of Constables standing in open column ; they extend-
ed nearly to the hustings. Nadin and another Gen-
tleman were walking between them. I stood within
sixteen yards of Mr. Buxton's house. I saw a Gen-
tleman come in haste, as if from the back of the
house, to the front window, which he opened, and
said to the Constables, " Gentlemen, be ready, the
Boroughreeves and soldiers are coming." I thought
there was danger, and I retired a little. On looking
to my right, I saw the Cavalry gallop into Peter s•
field. They were beaded by a trumpeter, and went
on two by two. They halted and formed into a half-
circle. The Meeting gave them three cheers, which
the Yeomanry returned, flourishing their swords ;--
then they cut away right and left, through Constables
and all, to the hustings. I did not see any one cut,
several were knocked down; but I could not see
whether they were cut or not. I thought there was
danger, and so I went to the house of my brother-in-
law, which is near Peter's-field. After that I went
home, but I returned in the evening, and saw the
people removing the cart. The soldiers were gallop-
ing through the several streets, and driving the people
into the houses. The reason I returned was to look
for my mother.

To a question from Mr. HARMER.---I do not know
the man whom I saw at Mr. Buxton's ; he was a good-
looking man.
Cross-examined by Mr. BARROW.—When the
Meeting gave three cheers, they were in good hu-
mour ; but the Cavalry appeared angry, they looked
very pale, and I think there was a great deal of in-
toxication among them. I think so, because I saw
them roll about on their horses.
Mr. Bennow.—Probably they were bad horsemen.
Witness.—Why I do not think they were very good
ones—(a laugh ). I did not tell publicly what I have
now stated ; 1 only told those who asked me ; I told
Mr. Denison; on my oath, he did not write it. An-
other person did. I did not answer this at first, be-
cause I did not understand you. I have not so many
quirks as you have ; I can tell a plain tale. I do not
know that my statement has appeared in print ; I
never heard of its being so. I know the Constables
stood in open column, because I saw them. I Was
once a soldier, but only for a little bit ; about six

weeks or so ; I never wore•a red coat, I was only a
recruit.
John cell, of No. 1, Union-street, Ancoats-street,
Minebester, said, that he was on. St. Peter's Area
about eleven o'clock on Monday the 16th of August ;
that he went near to the hustings, and then he ob-
served two lines of Constables formed from the hust-
ings to near Mr. Buxton's house; this induced him
to go to the top end of them, to see what was meant
by such arrangement, when a Gentleman said to him
" there are the Magistrates," pointing to a window
in the second story, where 'he saw Mr. Hay, Mr.
Fletcher, Mr. Wright, and several others ; after he
had stood here a considerable time, a Magistrate, as
he supposes, called out, "The Boroughreeve of Man-
chester is wanted," who came out of the passage be-
tween the lines of constables, and went into the house,
and up stairs, when they put down the window.—
Some time after this it was said from the same win-
dow, that Mr. Nadin was wanted, who also came
out of the afore-named passage, went into the house
and up stairs. Several other persons, whom he did
not know, passed and repassed the same way several
times. Soon after this the people on his side of the
Meeting began to fly, when one of the Constables,
seeing nothing, said, " It is a false alarm, but you'll
see something immediately." Shortly after this a
bugle sounded, and presently appeared the Yeomanry
Cavalry, and halted before the Magistrates' window,
when they brandished their swords, gave three cheers,'
and a voice ftom the window said—" Forward 1"
upon which they put spurs into their horses, and set
ofF full speed amongst the people, and to the bust-
ings, cutting the people on both sides of their horses,
'as far as they could reach. One of the Yeomanry
got possession of a flag, which he waved in triumph
before the window where the Magistrates were; the,
Hussars presently followed the Yeomanry, and tbe
Cheshire also followed them, and two pieces of artil-
lery brought up the rear. One of the Constables
upon the hustings took up the President's Chair, and
laid upon those remaining on the hustings therewith,
until he had driven them all off ; he retired, and
went off before Messrs. Hunt and Johnson were ar-
rived at Mr. Buxton's house. The Trumpeter, and,
as he understands, Mr. Birley, led the Cavalry on.
Cross-examined by Mr. BARROW.—He saw one
man struck with a sword, and bleeding ; he did not
know by whom. He also saw a woman much cut
and bleeding. The crowd had flags with various in-
scriptions on them.
Mr. HARMER said, that if questions of this kind
were asked, he would inquire whether the Meeting
was not of a most quiet and orderly description?
This was overruled.

Witness said, that he never knew any assembly
conducted in a more quiet manner.
Mr. BA aßow—What! Did you ever hear cheering
in a Church ?

Witness—" Yes ; and fighting in a Church also!"
Ann Booth stated, that she had seen two persons
wounded by sabre cuts—one in the Quakers' yard,
and the other on the steps of the gate ; she also saw
a third wounded; the two first wounds were inflicted
by John Hulme. Witness was going on to say who
inflicted the third, when she was interrupted by the
CORONER, who said that such testimony was inappli-
cable to this case.
Upon a question,
however,
from Mr. HARMER,,
witness stated, that he Yeoman to whom she alluded
was Meagher, the Trumpeter.
After a few farther questions, and some controversy
between the CORONER and Mr. HARMER, the witness
was dismissed as irrelevant.

Elizabeth Farren deposed in substance to the case
which we have already inserted ; but she was not per-
mitted to state the name of the person from whom, she
stated in the published case, that she received her
wounds.

Ann Croft, Nathan Broadhurst, and Margaret
Goodwin, deposed to the facts which have been
already published, but each was pronounced irrele-
vant to the case before the Court. Goodwin identified
Thomas Shelmerdine, as the person from whom she
received her wounds, but she had scarcely pronounced
the name, when the Coroner angrily interposed, and
observed, that that was not relevant testimony.
William Butterworth, who appeared with his arm
in a sling and his coat over his shoulder, looking ex-
tremely pale ani emaciated, deposed, that he was
pursued-from the hustings to the wall of the Quakers'
burying-ground, near which he received two sabre
wounds. The person who wounded him was John
Hulme.

Here the CORONER exclaimed, that this was not
relevant evidence to the present case, especially as
the wounds were inflicted so far from the hustings.
Mr. HARMER contended for the admissibility,of the
evidence, and Mr. BARROW on the contrary.
The CORONER decided that the evidence was inad-
missible.

Alice Kersley stated, that she received two cuts
from a sabre, one of which nearly cut off her ear. She
stated, that she received these wounds from Meagher,
the Trumpeter. Here the Coroner exclaimed, that
such evidence was not admissible in this case. The
witness, in answer to a question from Mr. Harmer,
stated that she was 71 years of age.
CORONER—These things have no connexion with
the case before the Court, or the death of J. Lees.
Mr. ILtarota--Such facts are strictly relevant, be-
cause they serve to chew the disposition of the Yeo-
manry, to whom the death of John Lees is attribut-
able. But this case will again come before a Court
of Law, and I hope bef.ne a Court of Justice.
William Cheetham, saw Mr. Hunt taken into cus-
tody, and the Cavalry charge upon the people, upon
whom several wounds were inflicted. Witness was
severely wounded by Meagher, the Trumpeter.
Martha Robinson deposed, hat sha.was wounded
at the corner of St. Peter's-field. She said she knew
by whom she was wounded, but the Coroner would
not permit her to tell, particularly as she received the
wound at the distance of 50 or 60 yards from the
'hustings.
One Of the Jury asked, whether the Members of
the Jury were not competent to decide as to what
evidence ought to be received?
The CORONER answered in the negative, observing.
that he was the sole judge as to the admissibility of
evidence.

Another of the Jury asked, whether a Juryman
was not competent to give evidence? and if so, whe-
ther he should be sworn in open Court, or at liberty to
gire the information he possessed to his fellow Jurors?
Mr. HARiliElt said, and the Coroner concurred with

him in the opinion, that the Juryman, in
must be sworn in open Court.
Mr. HARMER asked the Coroner, vrhe'tht
seen the body of John Lees, as it washis
duty ;.`0;
done?—CORONER. I give no answer to tlr-
Mr. HARMER—DO you decline to answer h..
CORONER—I give no answer to that gtitstiee.'
About six o'clock the Court adjourned ito
o'clock on Monday morning.
In the course of the proceedings on Vb.(
evening, loud and repeated tapping: at the ,
the spectators' part of the room disturbed
The Coroner ordered the offending perol
brought before him. A very respectatic
Gentleman was dragged forward. lie said 1;i,
was Baxter, that he was very anxious to hczr
deuce, but that he had not now rapped lithe
The Coroner dismissed him with a reprima.A.
Mr. BAXTER—May I now go into the mem
other end

CORONER—No; it is too crowded a'.wad;
Mr. BAXTER—May I remain here?

CORONER—No, indeed, you may not.
A young man stochl up among the audlence,
said, " I shall go out, and give him my seat."
Mr. Mellor (the constable)—.-These are
standing who have a right to sit, if the seats
by those who now sit.

The whole group exclaimed with one voice, “;,
let the Gentleman sit."

CORONER—NO, the room is sufficiently f.1:1.
The Gantlenian was thrust out. At the risiL
the Court the Gentleman was again dragged bet,
the Coroner by Chadwick, the constable, who nal
that he had excited a young girl to knock at
door; the Gentleman positively denied this,and,
that he had been taken into custody by this conz
because he defied him, and refused to bear thr
lence which he supposed his office entitled him to
CORONER—Your conduct, Sir, has been moil
proper.

- Mr. BAXTER—Sir, I have not acted as ht
I can produce evidence that it is a falso and invent
charge. I have been (taking out a gold watt':) to
than an hour in custody.
CORONER—I believe the charge.
Mr. BAXTER—You believe, then, what is
Do you acknowledge that it was by your authc:
that I was taken into custody?

CORONER—Yes. I gave authority to take
person who disturbed the Court into custody.
Mr. BAXTER —I did not disturb it.
CORONER—Do you promise that you will
yourself differently in future?
_ _

Mr. BAXTER—iCo, Sir : I did not act imps
and I cannot promise to act differently.
This question and this answer were repeated
least six times.

At length, the CORONER asked—" Will you
peaceable and orderly hereafter, and not diAtr.
Court ?"

Mr. BAXTER—Certainly. I have not dis
and I shall not disturb it.—Discharged.
As Mr. HARMER returned to Manchester,
cheered by large groups, who lined the road
seven miles, at intervals, with lighted candle
on the tops of their heads.

CLERICAL INTELLIGENCE.
Chester Cathedral, which is still in course of I.
opened on Sunday se'nnight for Divine Service. Tir
for Holy Orders were numerous. The folloning were

• PRIESTS.
• George Goodwill, Thomas Ro)ds, A.B. of Mist',
Cambridge.
John Oldershaw, A.B. of Emanuel College, Cambridge.
Frederick Parry, John Theobalds, Jcserh Kitchen, Jefe
Hebden, Charles, Bishop Hughes, A.B. of Queen's Coll. 4.
Abraham Cuppage, Wilbraham Bootle Guest, John Roy
son, William Hodgson, Joseph Newton, A.B. of &John',
lege, Cambridge. Thomas Dean.

na.temss.
William Wyviti, A.B. of Trinity College, Cambridge.
Robert Taylor, Christopher Thornborrow Tex:on, 11
Bowman, Joseph floclkinson, A.M. of Brasennose Con. Oafi
James Pedder, A.B. of Christ's College, Cambridge.
William Whitley, A.B. of Brasennose College, Oxford.

Thos. Greenwood, Henry Fiehien, of Ernanu;l i7o!lege, Carl
William Dawson, Thomas Ainsworth, A.B. of 'Priai:l• r
lege, Cambridge.
John Morton, Henry Bowman Bacon, A.B. d:t!o.
William Taylor, S.C.L. of Magdalen College, Oxford.

Thomas Sturges Mills, of Mai-dale* Oxford.
Thomas Todhunter, ohn Messenger.
ECCLESIASTICAL PROMOTIONS.
The Bishop of St. Asaph has promoted the Rev. V.
son to the Rectory of Llansilin, Denbighshire.
The Rev. Thomas Caithorpe Illofield, M.A. is pron.
the Vicarage of lloveton St. Peter, with ll:Acton St. Jr
nexed, Norfolk.

The Rev. G. J. Davies, Head Master of the Grammar
Hull, to the perpetual Curacy cf Sutton, Yorkshir,.
The Rev. Edward Paske, M.A. to the Vicarage. of Si
Herts.

Rev. C. N. Nlitchell, of.Langattock House, near MOT!:::.)
has been appointed by the Bishop of Landaff, 1L:.1 De-a
the lower division of the Abergavenny Deanery.
couttvy.oßf oCwhlelistledr,Hoinii,thilef.p RectorytioAr.etseontthae n
f the CT. e
‘ IT br i T 1
first incumbent to the Rectory, which was created by th.:
Parliament for inclosing the Forest of Delamere.
eo ilst..l--e•

BIRTHS.
On the 23d ultimo, at Limerick, the lady of John Etioch,
of the Royal Welch Fusileers, of a son.
At the Vicarage, Walthamstow, the Lady of the rer•
Hughes, of a son.

MARRIED.
At Romsey, the Rev. J. Jetwey, to Mka Doswell, both
that place.
The Archdeacon of Kildare, eldest son of the Bishopdare, to Anne, eldest daughter of Owsley Rowley, of
friary, St. Neoes, DuntitiOnnshire.
Thursday, at Reading, the Rev. James Crowther, A.):
Ann, third daughter of the late John Rainier, Faq of Re. 11
Berks.

DIED.
The 27th ultimo, at Lower Wick, near Worcester, aged
years, Georgina, only daughter of Captain LeWl6 13"C°' l'°lj
East Aliddlestx Regiment, late 36th Regiment.
Aged SC, the Rev. John Broome, perpetual Curate of Ford
ampton and the adjoining parish of Chacelev, Worcestersb.rr•
At Shepton allallett, alter a short i11n4.46, the Ilev.:ose,4l
IL Squirt:.
Thursday, at Clapton, is the 46tb year of his JO
the lieu. Th,,roh;ll Kid.
September 22, at Edinburgh, Jane Hay Mateelm, wifr °
Dr. llennen, Deputy Inspector of liespitals, North Britain-
Tuesday at his mother's house, Dear o:fwd.:.
41, the Rev. William Page, D.D. late Head Master of ll,'
minster School, and formerly Student of Christ Chtn.ch, OJT
Friday, at Middle Deal lioase, Kent, aged 77,, tarns;
wird Iggulden,
Wednesclay, at West Lodge Enfield, Ruah, relict of
Abel Vyvysn, of the l lon. E21;11, India ComPaals Kl 6".

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