The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-08-16 00:00:00

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feloniously' and maliciously set fire to certain stacls of wood, the
property of John
The prisoner pleaded not.guiltv.
Mr. gran& Conducted the prosecution, Dr. Brown and Mr.
. Peel the defence.
John sworn.—l inn a
_joiner, and. builder at Haywood.
On the let of July was alarmed between one a.nri'two o'clock.
A person gave -the alarm at ten. I was in bed at the time.. My
wife drew the curtains up. Saw the reflection 'of tire on• the
buildings opp,Lsice. :ay house is in the timber-yard,• bounded
on the one side by the Manchester and Rochdale, and on the other
by the Manchester and Bury road.-. My house was in the cor-
ner of the yard. Steers are:what support the planks to season.
The planks are placed on the edge. _ They are generally called
steers, but sometimes called stacks of wood. When I went into-
the :'yard I-observed the boards were on fire. They •were
blazing. There were roar steers in the yard. The- first steer
was the first I observed on fire. That near the Rochdale road. I
It was on fire in two distinct places. It might be four or five
yards asunder. Some people came to my assistance, and also
the fire engines. We dad every thinglye could, but without ef.
feet. 'All the boards were consumed but a very few. The
boards alone were worth £7OO. The tire afterwards spread to
a building occupied by Charles Mills. The window frames
were destroyed by fire, and- the spouting. The destruction of
the house was prevented by the engines. The spout was fixed
to the house. The roof was injured,, the lead incited, and the
slates were so much damaged by the-heat that I had to replace
them. There are two entrances to the-yard,' one on the Man-
chester and the other on the Rochdale toad. ,The first steer on.
fire was about 120 yards from the Manchester road, and about
20 yards from the Rochdale road. Two persons were in the
yard when I came down. I don't know how they got in. The
gate was fastened by a spur, which is a prop of wood. It was a
rail gate, not locked. It is about six feet high. There was a
fence els.) of flags about the same height. It could be easily
gat over. I know the prisoner at the bar. He is by trade a
sawyer. He has been. in my employ; some time since-I
was in
partnership with my brother, Daniel Mills, when prisoner was
in our employ. We dissolved partnership on the 18th of San! / -
ay, 1833. Prisoner continued to work for my brother till there
was a strike amongst the sawyers_ at Haywood and Rochdale.
The strike took place in February last. The master.,sawyers
were obliged -to take on new hands. There is considerable
traffic on the Manchester road. I have been annoyed by the
men belonging to the strike,. who came into the yard and threat-
ened me.don't know that the prisoner -has worked in Hey-
wood since February. have never seen him -in Heywood.
Prisoner comes from Ireland. • -
By Dr. BROWN.—There is a good deal of travelling on both
roads. The planks are reared against the steers, but so as to
admit-the air through. There were two persons in the yard..
wheal came down. There were many planks on fire at- the
time.' The fiames of the house were consumed. There was a
turn-out of all the sawyers iu Haywood and Rochdale. They
wanted au aclance.of....wages. Haywood is three miles from
Rochdale. At the time ot the fire some of the hands had. gone
to work, but many were still out. The timber was very dry:
Cannot say if eitber of the gates were opcm Four men turned
out of my employ. One of the steers of wood adjoined .Chades
Mills's house.
Charles Wilkinson, sworn.—l can a master tailor. ' Lived op-
posite Mr. Mills's
~timberyard, on the Rochdale road. I was
alarmed, and got out of bed about half-past one by my clack on
Friday morning. The timber was on tire in two places, about
eight or ten yards asunder. Abort fifteen or twenty minutes
after the whole was on fire. I saw the fire communicate with'
one of the buildings. I was alarmed about my own house. I
saw no one in the ,yard. Did not observe whether the-gate Was
open. - I-went to help at the engine, which was crose to-
door.

By Mr. PEEL.—I was one or the first at the fire. My wife
first alarmed me, and called me up. Three young men, who
lodge with me, went down to the fir:, .My wife leeked 'at the
clock. .1 looked out of the window before I went down.
David Bell, sworn.—l am twelve, years of 'age, and live with
my parents at Bagslate. Our • house is two miles from 'Hay-
wood. Remember the 30th of June last. Had been to meet
my brother-in-law. Met him half-way between Heywood and
Manchester. He returned home with me. We passed through
Bowleigh., It is on the Manchester side of Heywood. It was
about ten o'clock. I know it because we went into the ale-
house and saw it was half-past nine when we got there, ailtl
heard it strike ten as we ,canae out of the door. Bowleigh is
about a mile or two from Heywood.. We went to Heywood.
Had a heavy cart drawn by two horses. Heard a clock strike
as we came off the moor, and were going into Heywood. The
clock was in a house. It struck twelve. We hail 'been two
hours coming. The road is hilly. We went after that to Mr.
Mills timber-yard, It would take about half-an-hour to go
through Heywood to Mills's yard: - It is alio-tit half-a-Mile from.
where we heard the clock strike. Knows the canal warehouse.
It stands off the road-side. We pass Mills's house on the road
from Manchester to Bayslate. I was, on the top of the cart. It
was laden with cotton. .My brother-in-law was driving,the
horses; on the far side from the gate. I called out to him when
we got a little beyond the gate. I- saw four men standing, just
at the side of the gate on the causeway. Kelly came towards
the cart, and I thought he was going to rob the,cart4,. He came
within three or four yards of the cart. He then' turned back to
the other men. I looked at him-particularly, because I thought
he was for.robbing the cart. I oould see what:sal-Vora Man he
was., The• moon shone a little. I saw his, flee—ii-Was
face, and be had large whiskers. He Was a big lusty man. I saw
how he was dressed. He had light coloured ,cluthes.on. Had
never seen him before. - The cart did not stop. I continued to
look at him as far as I could, see him. •, Perhaps it-might he two
or three minutes. I called to my brother,,but he could not hear
me. He went on home. Never saw any one between Hey-
wood and Bayslate. As we just got home we saw a.great light,
which we, supposed to be at Heywood.. We got home at two
o'clock. 'The cart was very heavily laden, and the road in
some parts very hilly. We went about a mile an hour. I told
my father next morning what we had. seen. They were saying
it was Joists Mills's timber-yard that was on fire. I told fattier
I had seen four men, and thought I could. tell one of them again,
and described the man. The overseer of Heip called at our
house and wished me to go to Rochdale. I went on the sth
July to the Lockup to see some men: The keeper and -my fa-
ther went with me. There were about seven or eight persOns
locked up. I looked amongst-the men and found the man'out.
I only knew one. That was Kelly: lam sure the prisoner is.
the man I Raw at Heywood, at Mills's gate, at half-past twelve.
By Dr. BROWN.—It was ten o'clock when we left Bowleigh.
The ale-house is called the Bowleigh House. It is about two
or three miles from there to where. we heard the clock strike.
There might be some difference-in clocks. Most of the way is
up-hill. It is not a bad road, but it is hilly. We were loaded
with bales of cotton. -It was' about three bales high behind.
They were large bales about five cwt. each. Only one man
caine towards the cart, about three or four yards. I have both
seen stout men and men with large whiskers. I have seen men
with light clothes. I went before the magistrates on the sth
July, at Rochdale. I -gave the same account at Rochdale, as
nearly as I can remember. It was taken down in wailing. Pri-
soner was not committed the first time.. I went a second time
On the 9th July. 1 wentia third time. I believe the last time
was on. Friday. • I was examined every time. •- I put' my name
to the examination. No account has since been read over to
me. It was two o'clock when we got. home. I met my brother
at the Three Arrows. It is about four miles and a half from
Bowleigh'. I met him at the Three Arrows about half-past eight.
By Mr. BRANDT.—My brother left word I must go to meet
him with one horse. --One horse could bring the load from
Manchester to the Three Arrows. The branch road is a guar- •
ter of-a mile from the Three Arrows.

the constable's name Was John Howarth. I heard the men
come in after the fire.

By Dr. BROWN.—The constable came running up stairs and
woke me. No one was in the room when Kelly came in, but.
the women: I have a back door as well as a front door.
By the JUDGE.—I know the Mason's ArMs public-house.. I
should not have to pass Mills's timber yard'in going 'from my
house to the Mason's Arms. It is about three minutes Walk'
from my house to the Bury road. Mr. Shelley I think was in
the bedroom with Kelly when the constable came.
Bthe fast witness.reenhnu v
Greenhouse, the younger,atfith
msowotr.nrs
;—hlo;4.osne. Knowthedau the
daughter
of
prisoner at the bar. He formerly lod,ed with my mother. I
was at my mother's house on the.night of the 30th June. Pri-
.soner came between'eleven and half-past.- I was washing some
clothes when he came. My mother was up. Another woman,
named Sheridan, was up. Prisoner was in the habit of sleeping
at my mother's. He came many a time. The bed he ,usually
had was occupied by my brother and Mr. She' idau. I heard-
some conversation between prisoner and my mother. She asked
him to have a.cup of tea. He refused to have it, and said he
he should like to lie down. I spoke to Kelly. This was in the
kitchen. He went afterwards and lay down in the front room.
He fell asleep immediately. He was very ill drunk. I conti-
nued Washing. My mother went to bed about a quarter of an
hour after prisoner came in. Mrs. Sheridan went to bed soon
after. I remained up till near one o'clock. 1 was the last up.
In the night I heard a cry of fire. I had not been in bed a long
time. I got up when I heard the cry of fire. I went to the
front room window and saw Mills's timber yard on fire. The
men were going out when I was going into the room. I dressed
myself and took a can to help to slack the fire. I saw Kelly on
the couch where 1 had left hint, and he was there when I went out.
By Mr. BRANDT.—I barred the door that night. It is never
locked. We have not had a key for some time. We always
leave the shutters open. We have lost the cotter. We put
them to when we have a fire in the room. The prisoner had
some clothes, a saw, and other things at our house. Heard
Mother say that prisoner had been at our house about four
o'clock. Had supper about eleven o'clock. I had a fried
herring for supper. Cannot say what mother had; she might
have had a bit of my herring. Mrs. Sheridan, I dare say, had
bit of supper. Cannot say if the supper things were on the
table when Kelly came in. The cups and saucers were on the
table. There was some tea in the pot. I did not hear Kelly
snore before mother went to bed. The room in which he-slept
was under that in which the four men slept. It might be .half
an hour after my mother went to bed that Mrs. Sheridan went.
We all sleep together. Can't say where the alarm of fire pro-
ceeded from. I think it came out of the other room. Mrs.
Sheridan woke at the same time. Never heard the men say it
Was a fire in Mills'.s yard before I saw it myself. The men
opened the door to go out. We went as fast as we could. There
Were a great many people using.and inquiring for cans. Kelly
was fast asleep when I came back about four o'clock. He was
there when I went to my work about half-past six. If he had
waked he had only to unbolt the door and go out.
By Mr. PEEL.—My mother awoke first. I never noticed the
baek door. Cannot say whether it was locked.

John Bell sworn.—l 'arn the father of David Bell, the last
Witness. I knew of his going to meet his brother with a horse.
The Three Arrows is near Heaton Park. It is near there where

the Heywood• read leaves. the Manchester and Rochdale road.
powleigh is about a mile from the Three Arrows, and about a
mile and a quarter from Heywood. Know the Canal Ware-
house. .It is on the Manchester side of Heywood. It is better
than ball a mile from Mills's yard. I did not see my son that
night, but the next morning. He gave me an account of the
man he had seen. . He gnt home at ten o'clock. We were talk-
ing • about the fire. It is above two miles to Middop's house
from Mills's yard. They would go'about a mile in the hour:with
inieh a load.

By Mr. PEEL.—The brow is past Heywood. The road is
hilly between Heywood and Bowleigh, especially over Liddy
Moor.

Edmund Chadwick sworn.--I ani a private watchman at
Schofield's factory at Heywood. Remember the morning of
the Ist of July; at twenty-five minutes to two I was sent to a
spring on the. road leading from Mr. Mills's yard. It was Aunt
two hundred yards distant. The spring is on the lower side of
the Rochdale road. It is near to Heywood. If going from
Heywood to the- spring, I should pass Mills's timber-yard.
Know Wilkinson's house; know Hartley-street: The spring
is nearer Hartley-street than Rochdale; about one hundred
yards from Hartley-street; also about one hundred yards from
Wilkinson's house. I went to the timber-yard before I went to
the spring. Schofield's factory is near the Manchester. road.
Came into the Rochdale road, and turned to the left to go to
the timber-yard. --•

. Charles .Wilkins recalled.—ln coming along the Manchester
road, we should pass •Schotield's factory. We should come to
Schofield's factory before we come to Hartley-street. In going
from Schofield's factory to the timber-yard, we should go down
a lane called Rochdale-lane into the Rochdale road. The
White Lion is at the junction of the lane and road. The spring
is almost opposite the end of Rochdale-lane.
Edmund Chadwick resumed.—ln going to the spring I saw
something near the timber-yard. In consequence of what I saw,
I ran to the timber-yard. I saw .fire; one of the steers was
blazing. I saw four persons coming near to the White Lion;.
two were abreast and two about two yards behind. They were
coming in a direction from the timber-yard towards Rochdale.
They were near the White Lion when I first saw them; they
were walking very sharply. The White Lion is about 150 yards
from the timber-yard. I was on the opposite side of the road.
They were on the side dpposite the timber-yard. They were,
running on the footpath. I did not take such notice .of the men
as to know them again. I crossed the road and saw the reflec-.--
tion of the fire on a house opposite, and ran up and .gave the
alarm before I went back to my house.
By Dr. BROWN.—I was the first person who gave the alarm.
The four men were going in great haste towards Rochdale. It
was about twenty-five minutes to two when I saw them. .
John Stott sworn.—l am a carter to Mr. Brierley, of Roch-
dale. On the afternoon of the 30th of June I went to a public-
house on the New Bury rold. • It is about half -way between
Heyloodand, Rochdale. The distance between Heywood'and
Rochdale is about three miles. When I left the ;public-house.
it was about half-past three iu the afternoon. Five men passed
me just before I got into the public-house. They were coming
from Rochdale, as if going towards Heywood or Bury. I was
at the public-house near an hour. I looked at the clock .whpu
I left. I did not know any of the five before I went in..
should know one of them again. The prisoner is. one. • I did
not know what business the men were.. I had some sawdust in
the cart for the landlady. 1 told her I thought they Were saw-
yers. I thought so because they had check shirts on. They
had the appearance of sawyers.
By Mr. PNEL.—I was unloading malt about half-past three.
I left the five men at the public-house. I was examined before
the magistrate at Rochdale. 'l'he landlady and a young boy
were up at the. public-house. The landlady served them with
drink. Mr. Johnson never told me that sawyers wore check
shirts. I was the same roma with the live men.

Wm. Sheridan sworn.—l inn in the employ of David and
Robert Mills. Mr. John Mills is brother to David. lam a
joiner. I lodged at Mrs. Greenhouse's on the 30th of June. I
went to bed about ten. I was alarmed about half-past one by a
cry of " Fire:" I went out at the front door. I saw Kr.dly lying
on a couch-chair, asleep. I went and looked at him, and saw
his eyes closed. I was out till half-past live in the morning,
and found Kelly there. I saw him in the morning; he came
up to the hed in which I was lying, about seven o'clock; he
lay on the bed with his clothes on. When he came up, as the
bed was small, I got up to go to work, and was,putting:on my
clothes when the. constable .came up. Heard what passed be-
tween-Kelly and the constable. Constable said " Kelly,, you
are the man want." He said nothing .further. 1 never
heard the copsh4,l4:3sPe.akto my mother. I cannot say whether
of fire was given by
nhieoctlemrvtaos3 passed ent. I had no reason for
thinking A-ntbrir.4l44-044 H generally in liquor when
Buckley, who cm( out Fire!" It could not he heard out of
the, room.. There was smaltpassa e10:1:te
about
tt::t:iipupreoeconiteinisti
NAre all heard him cry out. FSavl there is a fire in Mills' yard.
t
,inte-rv‘c;periutleird Kelly snore either
g:uhiteue
gs7o(c4ientieopirire%c9.
theemrei
ggoetti.
1 was examined ,before magiisyrate at Rochdale. I never
said I told'lc.ell v on tuirlAuru, a d he knew nothing ztbotit it.
Zy Dr. i3aowN.—l Was examined on the Friday following.
A young man took it doWn. Johnson assisted to take it down.
I have lodged at,Mrs. Greenhouse's Since March last. I did not
know Kelly befere.
Ann Sheridan sworn.—l ani the mother of William Sheridan.
Was lodging at the house of Mrs. Greenhouse on the night of the
fire. Have lodged there since the sth of April last. . Have
seen the prisoner there. Saw her there on the night of the
fire. He came about half-past eleven. He seemed tipsy. He
went to lay down on a conch-chair in the front room. I went,
to bed about half an Iniur after he came in. I went to bed
before Mrs. Greenhouse. I was awakened by the cry of "Fire."
The lodgers made the cry. I got up and went to the window to
look out. I dressed and went down stairs. I saw Kelly lying
on the couch-chair, asleep, the same place in which I had seen:
him before.

Samuel Standing sworn.—l am a brewer at the Wellington
Inn, at Heywood. 1 have known the prisoner two years. He
is a sawyer. Knew him when he worked at Heywood. He
has not worked there for some months. Don't know where he
has lived since. On Thursday, the last day of June, he came
to my house at five in the afternoon. Two men came in with
him. There were also two outside. They appeared to belong
to their company. 1 saw one of the men with Kelly speak to
the two outside. Cannot say what business they were. Can-
not say what look saers have. 111, house has been frequented
by sawyers. I saw Kelly at half-past six going to Jacob Gee's
public-house; he took some meat with him.
By Dr. BnowN.—Prisoner had lived in Heywood some time,
and had many acquaintances. He came openly. The five
men went and got some steaks. They went to cat theni at
Gee's.

Mary Gee sworn.-LI ani the wife of Jack Gee, who keeps the
Mason's Arms at Ilevwoort Have known the prisoner two
years. He came to 1 irV UV' 611' the 30th of June. He did not
live at Heywood that atT4VVf: He came in about half-past
six with f, r or othe inent.l-:l"leiV,;W One, Pmliert Ala: h. Did not
knob et for som( 10,,,b chops. They
all et, together mid iirank.l:t,o,.ether. They asked first to have
a private room, but we bUt tot got one. They sat in the tap-

By Mr. BRANDT.—Knew Kelly before. Ile had been fre-
quently there before. Generally came sober. I have seen him
tipsy. Heard Buckley say, " There is a fire in Mills',yard."
My son had gone out. Betty, the Younger, came down second
and I third; all went nut separately. I heard Kelly snore•as
I went out , It Was near four o'clock when I came. back.
Kelly was asleep then. I,was in the house when the constable
came. I remember him asking me if Kelly was there. Never,
said, " What Kelly ?" I said, he was not there then, hot was
last night and this morning. Constable never said " I shall
take the liberty to ;to up stairs."
By Mr, been to fetchiwater. When I reurn.-
ed he vas not there. When the constable asked me, I thought
he hod left. I went for the water abOutseven o'clock.
John Greenhouse sworn.—l am a sou of Betty Greenhouse. I
am 16 years of sge. 1 was alarmed on, the morniin of the Ist of
.luly by the cry of "Fire." 1 judged it to he a quarter-past
ene. .

By Mr. BRAN waked Kelly. hot hf, :vas very much in
liquor. I came hi about three .o'clock and found him still

- pirsido-L or tr- NRIA. AHAB
40.1 "

iOO,lll. They were there at eleven. I know because one Of asleep. We went one after the r,tlic'r. is not sure of alt the
t truer came and asked for fourpenny worth of brandy, and asked men befiire my sister. No one` was in the roam wheo W .11
what tithe it was, and I went to look for them-, aria: say how Kelly. I.lreard. him snore when wentout-arid thee 1 c•aitit
keg they. staved after. They spent 7s. l for drink, They hack. No oue cried out that there wa s fire at. Nidls'
treated other sawyers, natives of Heywodd. Joseph Iluckley sworn.—l all a weaver._ ,Ladge..l
By :VII.; knew the.prisoner when he.. livea at Hey- Gre!'ithonse.onrhe :night of the tire. Had lodged_ there a
won(.l, jie lived there constantly during the time I knew Jinn. mout he. Knew tile prisoaer------had there. was
He had Many friends. The land; chops we cooked and they eat , alarmed by a cryof " Fire," and, in patting on My boots,
them. We found the pickles and bread, • „ heard, a man staining. He was lying. on' a couch-chair.. I
Maria Pearson sworn.— I live in Ileywood. Am a widow. went out to assist. After the fire got low I came back. It was
MY husband' Was a siavyer. I .remember Thursday night, the j about four o'clock. Kelly was there. 1 did not wake him, be-
afth of June. Was passing Gee's at 11 u'd"ck at night. Saw cause I tholaht that men when they, were intoxicated were apt
K,elly and Robert Marsh there. They stood in the street. about to fall into the fire
two or three yards from the public:houSe door. • They - wore The Learned SURGE occupied two hours and a half in sum-
whiSperiiig together, hel s asked- the to have-aometiting'to• ming uP the evidence, commenting very tOrcibly upon the unsa-
drink with him but I refused to go- I left, him standing- there. - tisfactory and contradictory character of the evidence brought
By Dr. BitowN.—l knew him before. He made no secret forward in behalf of the prisoner.
of his being in Heywood. • . • The jury retired at four o'clock, and at twelve minutes past
David Mills sworn.-1 am the brother. of the , first witness. six brought in a verdict of not guilty.
Mtn Webster was charrd with killing and slaying Margaret
The prisoner continued with me a little after we dissolved part-
nership. We discharged hint for drunkenness. 'We took- two Warburton, at Toulton,with-Farnhead.
then but he would not let them work. Cannot say whether he The.prisoner was travelling on the road from Warrington to
• has worked in Heywood since. We have been annoyed by the Leigh, and negligently sitting in the cart, driving without reins.
turn-out. We had a pair of sawyers from the south, and also a I The deceased, an infant of a few years old, had strayed to the
pair at Middleton. They were met by the. old sawyers who took j Middle of the road, and was run over by the cart. Verdict,
their saw's from them. I saw Kelly with the turn-outs. He was guilty._re obe imprisoned four months.
drinking at the Tap Inn with 'the men Who took the saw away.
John Schofield sworn.---4 ain a weaver be trade but don't
follow it at present. On the 4th of April htst 1 was invited into
a beer-shop at Heywood, by Benjamin Taylor. It was about
• 100 yards from Mills's yard. I • saw three or four men- there.
Prisoner was there. There was a sawyer who called himself a
Dublin man, and Kelly asked this man why he did not quit the'
town ; that he gave him 2s. to gait.- S(iOri after Kelly said,
" I'll meet the carriages—l'll capsize them, and the- first man
that offers to stop them I'll knock his brains out! -From what
was said I understood there were some carriages coming to
Mills's froM Manchester. - They said ,this- Dublin man must
leave town that night. Kelly said this man should not work for
Mills, and struck at the Man.
By Mr. PEE L.—Tbis was at a beer•shop in Heywood, about
ten o'clock in the afternoon. The men were strangers to me.
People were coming in and going out during the time they
were in.
John Howarth sworn.—Am a constable at Heywood. .Heard
of the fire at Mills's on Friday night. Went to the house Where
Kelly lived When'in Hey Wood,• This was -at seven in the morn-
ing. I attempted to _go -up stairs. I conversed with. her.- I
asked her " if Kelly was there ?" and she said " what Kelly ?
there's' no Kelly here.", I told her I- -wanted - -the
sawyer, she said " he, was not there. I said 1-would take the.
liberty of going up stairs." It was then she came towards me,
as I thought to prevent me. I went up stairs. There were two
Men up stairs. Prisoner was one of them. He was lying down
on the bed with his clothes on. The other man was dressing
himself. .1 told the woman thatl heard he was there. When,
I took him, I asked him if his name was Kelly ? and he
said " yes." I said, " VOU are my prisoner." He said, " very.
well, I'll go with you. I know what you want." '-- '•' •
by Or.-BitowN.,,,They were wooden stairs. I ran:tp.-xnaltli
ing clatter enough ;
.sufficient to wake a man, I though,t4a,
woman was for preventing me going up stairs: Pt isoner said
he wasJeadyto go with me. I have never seen the woman
since. Was present at the three examinations. It was Widow
Greenall's house.
Charles Johnson, sworn:—l am -a constable-at Rouhdale. I
have seen the. prisoner. at Rochdale frequently, but net ,• home.
The case for the prosecution here Closed.
The prisoner declared his innocence. • • -
For the defence the following witnesses were called ,
Betty Greenhouse, sworn.-1 am a widow, residing in Hee:,
wood, about three hundred yards front Mills's timber-ya rd'.l
The prisoner, lodged with me when. he lived in Heywood. He
left about four months before the fire. After he left he was
backwards and forwards every two or three weeks; just when-hra
pleased. He slept at my house when I had -couvenieuce.
remember his being there on Thursday, the last (lay of,June.
He came about four inane afternoon first, and again from eleven
to half-past at night. I asked hint to have some tea, but he said
he wanted to lie down. 1 said, " Kelly, you are, very ill fud-
dled," and he said "I am, Betty." I had no bed for him; the
bed-he used to sleep in was taken up. My son and Mr. Shel-
ley slept in it. That man is here. Prisoner laid him down on
the couch chair in the front room down stairs, and I left him
asleep when I went to bed. I went to bed in about a•quarter of
an hour. I left my daughter washing. I was alarmed in the
course of the night by. fire. It was not far off two o'clock. I
went down stairs, and the men and my daughter went to slack
the fire. I heard a man snoring, and I thought I would go and
see if Kelly was there. He was there fast asleep.
By Mr. BRANDT.—I had heard -of a fire and I thought it
Might be laid on the sawyers. There had been a fire, but I
can't say where. I think at Bolton. My house is about three'
hundred yards front. Mills's yard. - He came alone to my houSe,
and said be would, come again. I ditrnt tellatim 1 had not a
bed for him. I asked him to have 4 coo, of tea, and he would
not, but,said he would .come again. Ile always had a bed be-
fore.' had turned, a man put before when he came, and Kelly
grumbled at it. He was alone When he carne in at Dlei6n.' 'My
dadghter, and a woman of the name of Ann Shelley were in the
house. William Shelly, my son, and Joseph Buckley had all
gone to bed. "flu?, cups and saucers Were on the table when he
came in at eleven. I remained up about a quarter of an hour
after he came so. I Was, sifting down- tali -went to bed. He
snored before I went to bed. He was a very hard sleeper. I
left- no one up - but my daughter. Kelly lived in Rochdale at
that time. Am qiiitesure that he did not sleep at Ellen Street's.
it was near two o'clock when I was alarmed. I heard the men
moving in
,the next room and talking, and I saw a light, and
cried out, " What's .the matter ?" 'They said, " John Mills'S
timber yard is on. fire." - They were dressing at that time, and
went (town to slack the fire. they would have to pass through '
the room where Kelly slept—within a yard of the conch whereon
Kelly slept. These men made haste; ran down stairs as hard
as they could. They had to open the outer door. My son gaYe
the alarm its he went out. The door is both locked and barred.
My Betty locked it. I went to the front room window to look
out, and afterwards went to see if the sawyer, Kelly, was there.
I saw him, but did not disturb him. -It was a:fine night. No
candle was left burning. The light shone into the bed-room
window and house_ part. The shutters were net fastened that
night. 1 went to bed after the fire. I was in bed when the
constable came for Kelly. It was near eight o'clock. I think

CROWN COURT.—MONDAY.
Thomas Blundell, 27,•John Pinnington, 19, Henry• Hrwrt, 25,
and Iltimphi-e!j Jones, 28, were charged with killing and Slaying
• amen i'hythian at Halewood.
Dr. Brown conducted the prosecution, Mr. Peel the, defence.
sworn.—l •
William Turton am a publican at Halewood. On
the 17th day of JulY.last there was a christening; there were
present several boys belonging to the party of the deceased.
• rho prisoners were in the house,lhut not in the deceased'sparty.
The `deceased was about 16 years of age. There were some'an-
gry words between them. When the prisoners came in, they
called the boys prigs. The boys took it as an affront, and used
some angry words After that Henry Hoboes went out for
about half an hour. He came in again about half-past ten.
The prisoner Thomas Blundell said he would tight any man in
the house. 'They had a few more angry words afterwards, but
I thought they were all comfortable before they went out. The
boys went out about a quarter of an hour after. The prisoners
went out about ten minutes after the boys. After they went
out I heard a noise in the lane as of men squabbling. The de-
Ceased was brought back to the house about half-past twelve
O'clock.
By MN PEEL—There were no other persons in the house
•`, 4xemiting,a..nrivate party, consisting of nine or ten. They had
been 'drinking and supping since seven o'clock. Deceased's
party came in about half-past eight. Pinnington did not come
in with the other prisoners. The boys were perfectly sober.
The prisoners were all sober too. •
Henry Holmes aworn.—l was in Turttin's public-house on
r the 17th of July last. The, prisoners were there..: As they came
hunt pointed
.his fingers at us, and said.we were a lot of .
prigs. .
I 'asked hiM why he 'called"es - prigs, being entire
strangers to us. I then went out and remained out about. half
an hour. I took Thomas Phythian with me, and said, "Come
with Me, audit!' will be quiet:" Phythian returned' before the.
'1 lie landlord persuaded me. tteges in, as be thought; they would
be quiet. I sat opposite the prisoners, and Blundell said he
did not care for any man, and there was Holmes there. We
had then a i'etv'endry veirds. I then went and sat by Blundell,
who said he was sorry he had- said any rhing to me, as 1 hail
given no 'reason. We became, very friendly. Blundell
said, ".Well be friends 4" and asked
.me if 1. would have any
thing to drink. fle,calledfor a quart of ale fin% themselves,
and twopenny worth of gin for me. We had no further quarrel-
ling.- -.The prisoners Went, out first, about ten minutes before
deceased's party. After we came out of the house, three of the
prisoners were standing with their 'faces together; they were
Blundell,,Pittnington,, and Jones. Hunt was about four yards
off pretending to be tipsy. The boys were five or six yards be-
hind me. I went en without saying any thing. • Afterwards I
heard a noise; and the boys came running up the lane together,
followed by the four prisoners. The men were walking faSt.
loneS, Hunt, Blundell, and Pinnington came up to me, and the
boys ran behind me. I said they ought not to follow us up the
lane. Immediately Jones, Hunt', and Piunington knocked me
down. I saw Pinnington standing over me with a staff in his
hand. I pushed Hunt and Pinnington elf, and Jones came
running up to me. I heard Thomas Phythian cry ont, "Blun-
dell, you've killed James Phythian." I heard Blundell saw in
half a minute that lie did not ao it. I went to the place where
James .Phythian was. Jones .was before me at that time.
When I went where James Phythian was, Barker and Thomas
Phythian had hold of him. He was lying on the ground. I
did not see hint stir. We carried him to one side of the road,
and one of the boys went for seine water. We took him after-
wards to Mr. Turton.- Mr. Lamb was sent fur.
By Mr. PEEL—I had known the prisoner Blundell before.
Was examined before the coroner. The prisoners were not
present.' I had been with the boys from about half-past niee.-
I first met them at Turton's. I was quite sober.
Nathan Barker sworn.—Was in company with Phythian and
Smith on the night of the 17th July last. There was' some
quarrelling in the house. Saw the deceased before he fell..
Heard some say, "What att thou doing with that. Sam. Blun-
dell," but did not notice any thing in his hand. Deceased lay
on his back stretched out. I went and spoke to him, hut re-
ceived 'no answer. He. was quite dead. Heard Thomas Phy-
titian say to Blundell, "You have killed Jam ;" and be said, "I
have not, for 1 have never had my.hands out of my pockets."
James Taylor Lamb, surgeon,_ sworn.—l am a surgeon at
Much Woolton.. SAW the body of the deceased on the 18,11 of
July, at three o'clockin the morning. I saw a mark on the lip,
extending to the cheek, apparently done with a blunt instrument.
By a t,low of the end of a stick. I think it could not have been
done by.a fist: I afterwards opened the- body. I ascertained
the cause ordeath. It was a concussion of the brain, produced
by a blow. think it could not. have been occasioned by a fall
on the ground.
By Mr. PEEL—Cannot say how long the blow had been-
inflicted. Would not swear that it Might not have been done
two days before. • ,

Thomas Phythian sworn.--7I was one of the party at the pub-
lic-house. I went 'out about twelirg &Clock. I observed Hunt,
B,ltindell, and Junes outside the Pot. I-saw also John Pin-
ningtou. Ail four were together. "I suppose they were waiting
for us. Jones came on the causeway and knocked me down.
He then ran amongst, the others. 1 did not see him hit any
other then. It was a very heavy blow he gave me. None of us
said anything to him. We went down:past John Hilton's
smithy. The'prisoner followed us:.' -Smith and Hulme went a
little before,tis.' We went at a good pace, and the prisoner
followed us Witte smithy. Smith and Hahne turned back when
the prisoners were. agait of us. Three men went to Henry
Hultne and kicked him down. He got up and asked them what
they aid it for. Jaines Phythiau was among the lot. I heard a
heavy blow, hot did not see anythinir. I'o(mi:fit it was done
by a stick. No one was near him but Blundell.

By Mr. PEEL.—I was quite sober. 'l' he night was pretty light.
Nathan Barker, recalled •by the JunGE.—l had been out
once orjwice before we went out for (rood. ,None of us had
sticks. I did not see any stick in the 17auds of any of the pri-
soners.

- - .
John Hilton sworn.—l am a blacksmith; living near Mr.
Tinton's. I heard a noise about twelve or one o'clock on the
18th July last. It was a noise of squabbling or fighting. I saw
two sticks that were picked up by Henry Huhn° and Thowas
Atherton. I have the sticks here.

. .
e
Henry kluline revealed.—l wnt bath to the public-house
With the body of the deceased. 1 went home a little after four.
It was in the mornine-,lpicked them up. They lay on the pa-
rapet side. About th'ree yards and a half froM where Phvthian
lay. 'I remember Pinnington standing over me with a similar
stick in his hand.

Joseph Blackmore sworn.—l live at Halewood. Heard no-
thing of this disturbance. I assisted to take Phythian to the
public-house. 1 went home about six o'clock in the morning.
I saw the sticks on the road.

. .
Henry Hilton recalled.--Rivas scoop stick used for ladling
water. It was made out of a frving-pan, and the handle was
broken off. We left them over the rails where the coals are
kept. Any person passing might have taken them. The jury,
on the recommendation of the Leained Judge, acquitted the
prisoner,
Michael Dillon was charged with having at Liverpool, feloni-
misty and maliciously cut, stabbed and wounded Charles
Brown, a policeman.
Mr. Peel conducted the prosecution, and Dr. Brown defend-
ed the prisoner,
Charles Brown sworn.--I am a fireman. Was in June last
a police officer. Was on duty in Dale-street between nine and
ten o'clock. Saw a crowd at the end of Preston-street. Heard
some one in the crowd say that he would rip their b—y guts
out with this knife. When I heard the words: I rang my stick
on the flags, the usual signal, to give the crowd notice that I
was a policeman. There was a cry, " there was a constable."
Saw the prisoner among the crowd waving his arm; he appear-
ed to have some drink. Could not see anything in his hand. I
went to the prisoner and tapped him with the stick on the arm,
and said, " what is the matter with you." He turned round
immediately and struck me on the rattle which was fixed on my
breast. It was rather a heavy blow. As he drew back his hand
I saw a knife in it. It was a large carving or bacon knife.
(The knife was produced in court.) I struck him with my
stick across the arm, to render it powerless. I struck as bard
as I could. The crowd pushed me on towards the prisoner,
who turned round with the blade ofthe knife turned downwards.
I raised my arm and received the blow upon my arm. It cut
through my coat and flannel, and cut my arm to the bone. I
struck him again on the head. 'lice prisoner ran. a short dis-
tance and fell. I went towards the prisoner in company with
another constable. Never lost sight of the prisoner. When we
came up with him I Observed the knife in his hand. He gaie
me a back-handed blow on the neck which cut through the
coat and cut the stock. After this he ran down to Preston-
street. He had the knife all the time. -We came up with him
and took him into custody. I lodged hilwin Bridewell. After
that I went to get my arm dressed at the Dispensary. When
we took him he' said, " I'll giYe up now." Phe knife was
bloody.

By Dr. BROWN.—T he prisoner was running when I first saw
him towards the Exchange. He was not lying on the ground.
He did not complain of, being knocked -down by three turn-
outs. There might be about two hundred people about him.
He was running away from the crowd towards' the Exchange.
I ran afterthe crowd and got up to the prisoner. • His side was
towards me when I first came up. I gave him a blow on the
head which made it bleed. I saw blood after. It was a very
severe blow. This was before 1 took hint into custody. The
prisoner never asked me for my number. He never threatened
to report me. I never kicked him.
By the PG a.—l cannot say why the people were pursuing.
I don't know if he used the knife in selfdefence. Had no oc-
casion to think that he was pursued. by turn-outs. Heard he
had been fighting before I came up.:
Benj. Cooke sworn.--I am one of the Police, and know the
prisoner at the bar. I saw bins in Dale-street, top of Preston-
street, about- nine o'clock. Heard the si(rnal for assistance.
Went up and found prisoner in custody. There was a gentle-
man going to charge him, but when we got up, he said " he
would He was then set at liberty. • He was rather in
liquor. I did not see any knife about hint. About ten minutes
after, I saw hint run from Hatton-garden to Dale-street. Ile
passe, near me. Did .not 'see any one pursuing him. I saw a
'long knife in his hand. I saw a crowd of people in Dale-street.
Prisoner ran into the midst of them. Ins .ediately after I heard
the signatand went, up.- I saw the list witness (Brown) there.
I saw,B[own tap. him with his stick, mid ask him " what was
shucktlte matter?"
mr ?
tlht
.a was k
knife.
a
Ismall- struck
h)VPrisoner
prisoner
from him. • Prisoner attempted to strike me with the knife. - I
prevented him by spiking him oil the hand or arm. Prisoner
then ran away, I saw theknife in his hand. When we came
up with him, I took. the • knife from him. I gave the knife
to Brown, and with some assistance, we took him to Bridewell.
t o
knock
toir kis round,
kuiie
The knife was bloody.
By Dr. BROWN—I noticed blood running down prisoner's
face, when I first saw him, before he had any thing to do with
the police.
• Wm, Getty —I am one of the ,surgeons at the North Dis-
pensary. Brown came there about half-past nine on the 27th
June lust. I examined his arm, found a wound there. It was
bleeding.• It was an incised wound. It had only penetrated
through the skin. It breadth it was about two inches. It was
not a dangerous wound.
The prisoner in defence said that on the night in question, he
was attacked by three men, whn kicked hint when down, and lse
seas `rnnoin;; away, from their violence.
The
.141 CA RNED pp a summed up very minutely, andthe jury,