The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-06 00:00:00

CHARGE ON CHILD MURDER,

Mary Jones, 26,, was charged, on the coroner's warrant,
with the murder of her child, at Liverpool. It appeared that
the prisoner, a good-looking young woman, had merely con-
cealed the child in a box in. her room, and afterwards had
buried it publicly. As this was not considered an offence
strictly within the statute, no evidence was given against the
prisoner, and she was acquitted and discharged.
The court adjourned at twenty minutes to six.

NISI PRIUS COURT.-SATURDAY

COLLISION AT SEA

WALKER AND OTHERS V. FLETCHER

This was a special jury case. The declaration stated that
the plaintiffs were the owners of the ship Hunter, and the
defendant the owner of the ship Robert ; and the allegation
was, that, owing to the negligent and improper management
of the defendant's vessel, the ship of plaintiff's was sunk and
lost, to the grievous loss of the plaintiffs. To this the de-
fendant pleaded not guilty.

Mr. Ci•esswell and Mr. Watson appeared for the plaintiffs :
Mr. Alexander, Mr. Dundas, and Mr. Martin for the de-
fendant.

Mr. CRESSE said, the action vas brought, as the jury
i
had been nformed, to recover compensation for- Op 104 Of
a vessel palled the Hunter, which lieloggeil to the WaiPtifrs,
and wbieh was rim down by a vessel belonging to the defend.:
ant, The Hunter Was a small schooner, of spventy,eigl
tons register, and the defend4it's iessel, whieh was cape.
the Robert, was of the burthen of one hundred and thirty
tons register measurement. The Hunter had been in Lon,
don, and she left there for Sunderland some time in January.
She was detained in Yarmouth Roads, fromwhich she sailed
on the 22d January. It was then hlow.ing very fresh from
the S.S.W., in consequence of which it was usual for the
masters of small vessels, particularly of this description, and
rather light, when they passed Cromar, not to make
northerly course from Farnborough Heasl, but to steer fPr
Spurtn Light, which would make their course 1%1.N!W” or
rather more to the westward. The 1-Imiter was steering this
course at six o'clock on the evening of the nd January, and
she was brought as near as the wind could be. It was a very
clrk night. The Hunter had a crew of four men—the
master, the mate, and two hands—which was sufficient for a
vessel of that size. It was the mate's watch, and he had
with him a man named Cousins, the master being below, but
he was to come on deck to take the watch with the other
hand at six o'clock. Ccusins went below to sec what o'clock
it was a little. before six,. and lie went on deck again : he had
.been there for about bye minutes when the vessel of the de-
fendant ran aboard. The night, as he had said before, was
exceedingly dark ; the weather had been squally ; and, from
the northward, there was a thick black cloud, which made it
impossible to see anything ; butit was light to the southward,
and vessels could be seen for sonic distance. He understood
from the mate, who was at the helm, that they were not able to
discern the defendants vessel till she was athwart their hawse.
Theihad-,- therefore, no,tpne to do anything; and a collision
took
place, so violent as to occasion the almost immediate
less of-both vessels. Both of them went to the bottom. The
-crew ofthe Hunter'got into their boat as-quickly as possible,
and having contrived to bring with them a light, they were
picked up by a ship called the Halifax, which happened to be
near. The jury would learn from the master of the Halifax,
and from one of the crew, that the night was exactly of the
description he had mentioned, that to the north nothing could
be seen, but that to the southwil.rd there might. The master
of the Halifax was steering the'satne course from Crouler to
the Spurns LightS, which brought him near to the Muter.
and he could not discover a light more than two hundred
yards. The captain of the Halifax had just got the wen out
of the Hunter's • boat when the crew of the Robert came up,
and they got on board in like manner. When they were on

board, the jury Would 'find, that some of the Robert's crew
stated, that they had seen the Hunter before the collision.
The jury should hear their account of the accident. It was
this : that they saw the Hunter kept the wind, that they tried
to luff, and they did luff. So far they were right : the Hunter
was upon the larboard tack, the Robert upon the starboard :
therefore, they had a right to laff. But instead of continuing
to do so, the captain of the Robert bore up, and allowed the
vessel to fall off the wind about four points; that, again,
thinking he had done wrong, he put the helm down, which
brought the vessel so near that the starboard bow of the Ro-
bert came in contact with the starboard bow of the Hunter.
The jury would find, from the man who was steering the Ro-
bert, that, if the master had not taken the helm, the accident
could not have happened. Under these circumstances, the
present action was brought to recover compensation for the
loss of the plaintiff 's vessel.
The learned counsel then called Thomas Smithson, cap-
tain of the Hunter, and Adam Sinclair, mate, Edward Cou-
sins, the seaman alluded to, and the captain of the Halifax,
who confirmed his statement of the facts.

Mr. ALEXANDER addressed the jury on the part of the de-
fendant. He said he should be able to show that the accident
had been caused by the Hunter. The helm of the Robert
was never out of the hands of the captain till after the acci-
dent had occurred, and all her crew were upon the look out,
whilst on the Hunter there was but one, for it would be re-
collected that the captain was below, another man was at tea,
the third was gone to see what o'clock it was, and the fourth
was at the helm. There was, consequently, no one upon the
look out, as there ought to have been. When the vessel
approached, the Robert hailed the Hunter and received no
answer. He should also be able to show, that the Hunter
might have altered her course three or four points, and yet
have been before the wind, had she been disposed, and that
she must have seen the Robert if a proper look out had been
kept. He would ask the jury, whether a vessel, under such
circumstances, could claim for damage ? He should further
show, that the Robert was sailing only at the rate of two and
a half knots per hour, whilst the Hunter was going at eight,
so that it was ridiculous to talk of the collision having pro-
ceeded from the Robert ; and further, that a considerable
portion of the Hunter was burnt. He should call those who
would prove, that a blanket had been on fire in the forecastle ;
that parts of the ship took fire in consequence; that part of
the mast was burned ; and that the vessel floated for six hours
after the collision, whilst the Robert sunk immediately. •
Thirteen witnesses were then called, whose evidence sup-
ported this view of the case.
The jury found a verdict for the defendant. The damages
had been laid at £750. The trial lasted the whole day.
The court rose about six o'clock.

CROWN COURT-

MONDAY

MURDER BY TURN-OUT SAWYERS AT ASIITON.
John linline, 31, and John Williams, 30, were indicted
for the wilful murder of Ben. Cooper, jun.. at Ashton-under-
Lyne, on the 11th of December last.
Mr. Sergeant Atcherley, Mr. Brandt, and Mr. Wortley,
appeared for the prosecution ; Mr. Wilkins and Mr. Over-
end for the prisoners.
The indictment was of great length, and 'consisted of four
counts. The first count charged them with having, of malice
aforethought, assaulted one Benjamin Cooper, a sawyer, and
that Ifultne with a certain metal pipe, plugged at one end,
with lead and wood, and made to serve the purpose of a can-
non, then and there charged with gunpowder, and charged
with twenty bullets or slugs, discharged them at and
against Benjamin Cooper, of which he died instantly. The
other counts varied the charge.
Both the prisoners pleaded not guilty. .
Mr. Sergeant ATCHERLEY then proceeded to state the
case. The jury had heard from the officer of the court, that
this was an indictment which imputed to the two prisoners at
the bar, the crime of murder.
• Mr. Wutxiss here begged his lordship to order all the
witnesses on both sides out of court.
The JUDGE.—Certainly. •
Mr. Sergeant ATCHERLEY alio requested that an officer
should be appointed to take charge of them.
Mr. WILKINS.—Your lordship will pardon me if I invite
your attention to the opening of the Attorney-General. If
it is what I anticipate, I shall be obliged to raise some objec-
tions.

Mr. Sergeant ATCHERLEY said that the witnesses being
withdrawn, be could proceed. He was stating that the con-
sideration of this being a charge of murder, involving a ques-
tion of considerable importance to the public on the one hand,
and of the last importance to the two prisoners at the bar on
the other, was sufficient to bespeak their calm and serious at-
tention to the facts of the case, which he meant to open
with as much brevity and simplicity as lay in his power. The
person whose death formed the subject of the present enquiry
was a man named Benjamin Cooper. The day upon which
the transaction occurred was the 11th of December last, and
the place was the town of Ashton-under-Lune. In Ashton-
under-Lyne, he understood, there was a considerable traffic
in the building and sawing business, and a considerable num-
ber of hands were employed in it. About the month of Oc-
tober last the prices which had been paid for labour to work-
ing sawyers in the town of Ashton bad been higher than those
paid to the same sawyers in the town of Manchester. The
master sawyers thought proper, whether rightly or not did
not signify to day, to reduce the prices which they had before
been in. the habit of paying, in order that they'might be able
to compete with their rivals in trade in the adjoining town of
Manchester. Notice was given that from and after that day,
sth of October, the reduced prices would alone be paid. This
notice naturally begot considerable dissatisfaction on the part
of the working sawyers in the. town of Ashton ; they did not
enter into the feelings of the masters, who had to compare
their means with those of the master sawyers of Manchester,
the working sawyers only considering the diminution in the
wages which they had been in the habit of receiving for them-
selves and their families. This dissatisfaction produced what
was commonly called a " strike" or " turn out. He meant
to go over this part of the case as shortly as possible, because
it was only material, on the present occasion, in so far as it
supplied the motive for the deed which formed the subject of
this enquiry. A man named Whitfield, 'he understood, was
a considerable sawyer in'the town of Ashton, and, he believed,
a builder too, and he employed several hands. Some of his
workmen. turned out, or " struck," on account of the reduc-
tion of wages ; and Mr. Whitfield was forced to apply else-
where to endeavour to obtain hands, who • should lake•the
place of some of the men who had struck and ceased to work
for him. Two men were obtained. One of them was named
Benjamin Cooper, the deceased, about whom they were about
to enquire, and the other was James Cooper, his brother,
who would be a witness to-day. These men worked in Whit-
field's yard. In the yard there was a sawpit. That pit was
partially concealed by a sort of boarding intervening between
the road and the place where the men were working, probably
for the purpose of making it more warm for the men to work
in. Here h
in evidence certain
would mention at once that he proposed to give
ertain attempts by the prisoners at the bar upon
days antecedent Mr. wiLK to the 11th of December--
case, take I • IN's said, he would then, in this stage of the
Mr.
his objection.
Sergeant ATCHERLEY would save his learned friend
the trouble
would for he would not state the facts referred to, but
offer them in evidence. Whatever might be his own
opinion
withre
a gar;liatothetadmissibility
to himselfreserveevidencestate but the right
o proving it, under the direction of the learned judge, when
the proper time should have arrived. He came then to the
11th December. About six o'clock in the evening of that
uay, probably the jury might be of opinion it was a little
before six, the two Coopers were working at the sawpit in
question. Here he thought it right to state, if anything
turned upon the exact or precise point of time, that any person
who was at all practised in a court of justice must be aware
that no great faith or dependence was to be placed upon the
accuracy of different country. clocks. It was only just to-
wards the case for the prisoners, to remark, that no depend-
ence could safely be placed upon the accuracy and conformity
of country clocks. Even with regard to public clocks, factory
clocks, and church clocks, for instance, within the distance
of •a mile, there might be a difference of five or ten minutes,
so that upon the matter of clocks he placed no dependence
whatever. However, somewhere about six o'clock, these
two men were engaged in their labour. Benjamin Cooper
was the top sawyer, and he had a lantern attached to his knee,
or pear his knee, which would, therefore, make him an ob.
ject clearly to be seen. His brother James was the man in
the pit. Suddenly a great report or explosion was heard.
Benjamin Cooper immediately called out far help. He (the
learned counsel) forgot who first went to him ; but the un-
fortunate man was found to be much injured. He reeled ;
and he was afterwards conveyed to some distance, upon a
board or shutter. Two surgeons were called in. He was
told his situation, and he exclaimed, " What will become of
my wife and children ?" or•some language of that sort; also
some expressions strongly indicative of pain, such as, " Will
nobody, for God's sake, stab me ?" or some phrase of that
sor. He remained in that state till eight o'clock the same
evening, when he died. Upon examining his person it was
found that different slugs had entered his body. One, he
thought, but be4did not charge himself with accuracy in this
matter, had entered the liver, another had penetrated the
spine, and a third was lodged somewhere near the hip.
Of course an alarm was given, and different persons were
taken into eUstoily, mina among others a man named Davies,
who wield be examined to-day. 04 the following morning
a pipe—a sort of metal pipe—was found ; and he apprehended
there would be no doubt whatever that the prisoners were the
persons that used that pipe, and that it was the instrument
which caused the death, It was a large metal pipe, plugged
at one end, capable of holding a considerable number of
slugs, and a considerable quantity of powder, with a touch-
hole which had been drilled for the purpose of communi-
cating with some train, which, when ignited, would set fire to
the pipe. Slugs, or marks of them, were found in the board-
ing before described as being; a screen or shed which pro-
tected the workmen from the weather. lie had mentioned
that a man named Edward Davies was apprehended upon the
charge. He was an accomplice who was this day to tell the
jury the history of this transaction. In this part of the case
let him (the learned counsel) tell the jury two things. In
the first place, though an accomplice was in point of law a
competent witness, and a jury might, if they thought proper,
act upon his evidence. yet in point of practice, and in
point of just and sound reasoning, it was never right to de-
pend upon the testimony of an accomplice, unless lie re-
ceived with regard to his story, from other quarters, a con-
firmation which should erect his credit, and entitle him to
the faith of the jury. But there was another remark which
he wished not to omit in this place—namely, that when the
accomplice first gave the account of his having a knowledge
of the transaction, he did not then state the whole of that
which he was about to state to-day. According to the best
infOrthation he had, and from the best attention he had been
a le to bestow upon the ease, he (the accomplice) stated
at all inconsistent with that which to-day he was
for ertai!ii reasons, as to which the
igrY would
have the auty of inquiring, he certainly did not
• • • I he had
State all then which} subsequently stated. lie had
thought it necessary to Premise these remarks with regard to
the situation in which this man would appeai• before the
court. The question then would be, whether or no lie should
be confirmed to the satisfactiOn, of the jury, by other et/7
• deppe, With regard.to that he (the learned council) did not
pn the present occasion mean to enter into mitiute de-.
upon the part. of
_t e prosecution as being
tails of the smaller ponenrring circumstances which were
to by urgedaccomplice, lest he should do an *niury
ripatiozoefyttis
e would tPat4ecethat that
to qconfi,uince,
rinatien arose frgm pre=
vinus concert, which he intended between the two
parties charged, from theirtheirown observaPens and accounts of
themselves after the transaction, from the explanations they
had chosen to give, fromthe declarations theY had made to
different parties, and from their having
the fatal
been seen in the
neighbourhood of' the spot shortly after
that he meant to open this
red. lie bad begun with stating
case as shortly as he was able, All he had to do was to
ex .ort of ind • to
en-
deavour to furnish to the minds of the jury a _s
the evidence about to be adduced. lie shoutd , therefore, say
no more at present than this—that if in the re.suhlte they
the ashooulde
entertain any reasonable and honest doubt wblet gh rd
orror e-
guilt of the two prisoners, whatever might .
d they
were
longing to the deed which had been committed,
entitled to the full benefit of such reasonable and honest
doubt; hut, again, if they should see any reason to distin-
guish between the cases of the two prisoners, and should_ b
e
of opinion that with regard to one of them only the evidence
of the accomplice was plainly confirmed, and with regard to
the other insufficient, they would, of course, make such dis-
tinction. But if, after a long trial—for he feared it west be
such—they should in the result feel no reasonable or honest
doubt with regard to the guilt of the two men—in that case,
however painful it might be, they must discharge their duty.
The learned counsel then proceeded to call witnesses.
James Cooper was the first witness; lie was examined by
M r. BRAN DT. He said he was a sawyer, in the employment
of Mr. Whitfield, and was one of the new hands whop came
ti the place' of those who turned out. cdmpanian was
penjamin COOper, whO was the top sawyer. [A Inodel
was-here pioduced in court, and the witness pointed out
the plape where he and the deceased were working A the
tinac?l Helcnew the prisoner Williams by sight, and spn the

4th December he SaArhith Standing with a man named Shaw,
outside the gate. He had passed several times before. On
the 4th December witness was alarmed by the report of a
pistol or fowling-piece, as he and his brother were working
in the pit; it was a quarter before seven at night. Up to
the 11th of December, witness and the deceased worked at
the pit. On that day they were at work. They had just
changed " bearers" ; witness being in the pit and the de-
ceased on the piece to be sawn. It was then somewhere
near six o'clock. There were two candles in the sawpit, one
of which witness had at the bottom, and the deceased had
the other fixed to his light leg. Soon afterwards witness
heard a large report, something like a piece of artillery, and
the deceased called out "Oh dear, I'm killed." Witness
could not get up out of the pit he was so stunned. Both the
lights were blown out. A person named Hadfield came to
their assistance with a light, and they took deceased to Mrs.
Wood's, the Swan Inn, where he died in two hours after.
He was wounded in his right side, which was the side he had
towards the road. Witness examined the place the next
morning. Ile found three slugs on the opposite side of the
sawpit, which was in a line with the place where the de-
ceased had been standing.
Cross-examined by Mr. Witauss.—Witness knew the
prisoner Williams; he lives in Stayley-bridge. Neither
witness nor deceased had any quarrel with him; but on the
4th December the deceased had treated him. Had had no
quarrel with him.

Re-examined.—The treating happened in this way. Wil-
liams and Shaw called the deceased out ; they went to the
gate and the deceased followed them. What took place after
witness, of course, cannot tell.

Thomas Hadfield s:.id he was a carpenter, in the service of
Mr. Whitfield, and was on the night of the 11th December
working in the same yard with the deceased and the last
witness. About five or ten minutes to six witness heard a
loud report like that of an artillery piece. When lie heard
the report witness was at his bench working, but could not
see the deceased. Benjamin Cooper immediately afterwards
called out to him to come, but the light was out. Witness
got a light, and witness helped to take him to Mrs. Wood's
where he died. On the 4th December John Williams and
V illiatu Shaw asked deceased to pay for a quart of ale.
Knows Edward Davies, and had often seen him pass the yard.
Had seen Williams .pass and repass the- yard before, and
Davies was with him several times.

Cross-examined.—Does not know where Williams lives.
James Roscoe, a boy, examined by Mr. Sergeant Atcherley,
said that in December last he was in the service of Mr.
Whitfield, and his place was in the shed beyond the sawpit.
Witness heard a loud report, like that of a large cannon, at
ten minutes to six. In three minutes afterwards he heard
Benjamin Cooper cry out. Witness was rather confused for
three or four minutes by the report, but afterwards he went
into the sawpit with Hadfield. They found the deceased
lying there ; there was a deal of blood upon his head. Also
found a lantern. The next day witness found a slug or bullet
in one corner of the lantern; it was fast in the tallow. There
was an opening in the shed before this matter happened,
made by the boards " lapping over" one another, end the
sawyers could be seen through. The following morning
witness examined the place, and found the spot where the
cannon had been laid. It had left a mark in the ground, and
it was three or four feet from the board. It was in a slanting
direction. , The place where he saw the cannon was a raised
bank about 18 inches wide and about 3 feet higher than the
level of the ground. Witness was with a man named Mills
on the Saturday morning afterwards, about eight o'clock,
and Mills found the pipe. It was about 13 yards from the
place where witness had before seen the mark of the cannon,
and was lying in a slanting direction from it.

Richard Whitfield ssid he was a timber merchant at
Ashton-under-Lyne, and had taken the deceased and his
brother into his service. There had been a turn-out of the
sawyers; 30 men struck. On the 11th December witness
heard the alarm made by the report of the cannon. Found
the deceased, and ordered him to be taken to Mrs. Wood's.
Witness examined the shed outside at 8 o'clock, and on the
edge of the bank he found small indentations, such as would
have been made by a piece of iron strongly corroded. The
impression made a rough surface. Could not tell whether it
was made by a straight or a curved substance. Opposite to
the impression the side of the shed was torn to pieces. The
next morning witness found a slug in the shed next the saw-
pit. A slug was also delivered to witness by Roscoe.
Cross-examined.—Saw the pipe which was said to have
been found, and it was the same which Messrs. Jamieson
said they believed had come from their works.

John Goldhope.—l live at Ashton. My father is a timber
merchant. His yard is about 100 yards from Mr. Whitfield's.
I heard on the night in question a report as of tire arms.
That was about ten minutes to six o'clock. I thought the
noise was under ground. At half-past seven next morning,
I went to Whitfield's, and saw Mr. Mills put his foot on a
cannon ; the short tfaugewas towards the pit, and the mouth
towards the fields. It was about 16 yards from the pit. I
examined it, and smelled at it, but could not say whether it
had been fired. It was black about the mouth, and might
have been fired.
James Ashworth, constable of Ashton-under-Lyne, re-
ceived on the morning of the l2th, a pipe from the last wit-
ness, which he produced. It was about two feet long, and
the bore about two inches in diameter.
George Keyes, another constable, produced pieces of tim-
ber froth the shed, which had been much shattered. On one
piece there were still marks of powder.
Lees Broadbent.-1 am a surgeon at Ashton-under-Lyne.
On Friday, the 11th December, I was called in to see Benja-
min Cooper. He was almost in artictilo mortis. I found
he had received several jagged gun shot wounds in the right
side. His mind was perfectly clear. I told him he had re-
ceived a mortal wound, and he said he was convinced of that.
He said that when he was sawing, about six o'clock, he was •
blown from the balk ; but he had no suspicion by whom It
was done. He mentioned having been shot at on the pre-
ceding Friday. He died about eight o'clock. One shot had
passed between the cartilages of the ninth and tenth ribs ; it
proceeded through the liver, and for a short time I lost sight
of it. I found, however, that it went through the tenth and
eleventh ribs, and lodged in the third lumbar vertebrae.
Another bullet was lodged in the hip. The cause of death
was extravasation of blood from the wound in the liver.
Edward Davies.—l am a sawyer. I have lived in Ashton
for thirty-nine years. I was amongst those who turned out.
Soon after having dime so, I took a card from the Society of
Sawyers, of which I was a member, and went on tramp.
Williams is a member of that society. Hulme is not a saw-
yer, and was not a member. Benjamin and James Cooper
were not members. I returned on the 2d of November, and
saw Williams in 01d-square Ashton. Our society held their
meetings at the King's Head. There were some men with
Williams, and they were asking him about £2 he had had
from Oldham. He declined giving any explanation then. In
the course of a few days I saw him near the King's Head,
and he said he had been requested to go to the police-office,
to own a top-coat. I asked him whether he had lost one, he
said " Yes ; but that he was not likely to own it."
Mr. WILKINs objected to the evidence on this point, be-
cause it had reference to a previous transaction. Malice
could not be substantiated by proof of an antecedent circum-
stance. _ _ _ _ _ _

His.LonnsHlP ruled that the evidence should be taken,

Witness in continuation—He said he had lost his coat in a
job at Whitfield's house. I asked him what sort of a job ?
He said they were going to give a blow-up, and when " Cast-
Metal Jack" was about to apply the light, the watchman
came up and caught them. " Cast-Metal Jack" is a bye-name
of Hultne's. I said that he had better leave such jobs alone ;
for by that means they should never come to a reconcilia-
tion with their masters. He said that the " nobsticks"
must be removed, or that no good could be done. " Nob-
sticks" are men not belonging to the society, and who
work for under prices. I saw Williams again, in a few days
after, at the King's Head. Meetings of the society were
held there nearly every day. There had on that day been
present at the meeting 12 or 14 men. When coming out, he
asked me whether I had a brace. I said thall had a brace
at hotne, but no bits. I let hint have it. He then produced
from his pocket about four or five files, and said " These are
the sorts of bits lam going to use." They were at one end
brought to a sharp edge. In about a week after I saw him
It was the 18th November. We had a meeting at the

King's Head. After the meeting was over, some of us
went into the tap-roow. Williams made a motion for me
and Ralph Icenworthy to go out. We went. He asked
us to go and have a walk. After having some drink at the
top of Scotland-street, I thought I would return home, but
he said, " Let us go and see whether these nobsticks' are
working." The road led to three sawpits, amongst others,
Whitfield's. When we got near them, he said, " Let us go
up here; there is Cast Metal Jack with a cannon up at Whit-
fields." _ _ _

Mr. Overend contended that evidence of former felony
could not be brought forward in order to draw from it an in-
ference that a subsequent felony had been committed. He
referred to Phillips and Roscoe in support of his position.
The fact of malice ought to be deduced from the act com-

plained of, and not from the antecedent act
The Learned JUDGE thought that the evidence was clearly
admissible. It was brought forward to show that the pri-
soners had such a feeling towards the deceased as might lead
them to commit such an act as that charged.
Witness (in continuation).—l' asked Williams what Jack
was going to do with the cannon. He said that he (Jack)
was going to tire it off at the pit, I inquired what sort of a
cannon it was, and he replied that it was a bit of a pocket
piece made out of an old pipe. He asked Kenworthy and
me to go and wait in the fields while he went up to Jack. I
said that I would not go, and immediately after there was a
flash in the direction of the pit. Mime soon afterwards
came up from towards a brickfield, lying between the spot
on which we stood and Whitfield's. He said that he had
tried it, but that it would not go off, and that before he could
recover the men had left off work. He had something wrap-
ped up in a handkerchief. I said that it was dangerous to
be seen with a thing like that, and he had better put it away.
I then went away with Kenworthy. We went to a public-
house
Williamsn Delainere-street, kept by Thomas Profit. Hulme
and W were there. They had the cannon with them.
A man named Samuel Hardwick, belonging to the society,
was there. I mentioned the pipe, and Hardwick advised
that it should be taken away, as it was a dangerous thing to
be seen with. They asked me to take it away, and I did.
Before Williams gave me the pipe, he said that he should
like to shitt some of the knobsticks. I examined the parcel
when I got home. It contained the pipe produced. 1 exa-
mined it in the absence of my wife, and then wrapped it up.
and placed it under the bed. On the same night I went again
to Profit's. The two prisoners and Ralph ICenworthy were
there. We had a good deal 'of con'versjitiOn'abOnt the pipe,
and I said they had better tkke it away next night, and put it
in dome pit. They Said that they would, and I then went
home. When I examined the pipe, there was a touch-hole
in it, and I could see paper within two or three inches from
the mouth. The pipe remained at my house till the 20th:
On that day I was at the King's Head, from three to five in
the afternoon. There was a meeting of the sawyers. Wil-
liams came about five o'clock. He called Ralph Kenworthy
and me out, and said Hulme and he were coming to fetch
the pipe away. I said I hoped that they would take it away
from my house. Hulme joined us when we were talking.
RalPh Kenworthy was sent for the pipe, and he said that he
would meet us at the top of Scotland-street. Hulme,
and myself went thither, and Kenworthy met us with
the pipe. lie gave it into HODD'S band, and Ralph told
him to make away with it. He said they would, but Wil-
liams said he Ouisldd like to give come of them a start first.
Hanle and Williams then vent off together, the former
carryingthe pipe. They. went towards Stalybridge, and
would have to pass Whitfield's pit. Kenworthy and I
follnWed to watch them. We saw nulme at the bank join-
ing lip to Whitfield 's pit; we did not then see Williams.
Iliihne lighted a match, lle had a roll of cotton, which is
called a " cop." He ignited the ()op, shook it till it became
of a red glow, and applied it to the piece, but it did not go
oft. It had not, that I know ot, been reloaded since I
Poured water into the touch-hole. He tried three times to
fire it. He then whistled for Williams, who came up. I
and Kenworthy then joined them. Hulme said that the
pipe would not go off; he had covered it with a cloth, but
still he thought it had become damp.
~Kenworthy observed,
" I thought it was to be made away, and they replied that
they thought they would make one more trial. They then
agreed to make away with it. After leaving the place, Wm.
Shaw came up. Williams asked him to to to Harry Hard-
wick for 4s. Hardwick was the steward of the society. I
said there was no need for 4s, and that I would .not sanc-
tion it. Williams said " Go; we are not going to do
these sort of jobs for nothing." Shaw then went. On
the same night I went to Booth's beer-shop in Dela-
mere-street. Hulme came in first, and Williams and
Shaw afterwards. A man who sold pies entered.the house.
The next time I saw Hulme. was' On the sth of December,
which fell on a Saturday, when I met him at the Feathers
Inn; Samuel Hardwick and myself were present at the time,
and we were both somewhat tipsy ; between eight and nine
o'clock that night we met Williams and Hulme, when the
four of us went into Beckwith's public-house ;
whileAhere,
flame said he had done nothing yet for the sawyers, but
that he would do something for them. The llth of Decem-
ber, the day of the fatal occurrence, fell on a Friday ; there

wete two meetings of the club at the king's Head that day,
one in the morning and the other in the afternoon ; the com-
mittee and others were present at both; I went there at half-
past two o'clock ; the meeting was held in the garret ; the
boxes belonging to the society were kept in the same room ;
Williams was present, and they were reekoaing up the ste-
ward's hank when 1 entered •, after the boOks were finished,
the steward asked could we do nothing in the affair of the
masters ; at that time we had a sort of a compromise with the
masters ; it was suggested by the meeting that it would be a
good thing if we could settle the affair said I had been
with the masters, and that it would be a good thing to have
an arrangement made ; one of the committee said it would
be no use to enter into any arrangement, as the masters
would nut take the biggest part of us back; Williams also
said it would be of no use, and that he wanted two or
three volunteers to shift the knobsticks ; there was no di-
rect answer given to that, but one of the committee said we
didn't need any thingof that sort; the meeting then broke
up' but as we were going down stairs Williams swore he'd
be d'—d if he didn't shift some of them. I went away from
the house then, and Williams followed me ; that was about
half-past three o'clock ; he said the union funds were done,
and that something should be done to get rid of the knob-
sticks, or we might starve in the streets ; I said I was go-
ing to Ralph Kennedy, to know if there was a letter go-
ing to Liverpool, as we sent to Liverpool every week, to
get money from the union fund ; while we were sneaking
Robert Kenworthy came up, and said he had been apply-
ing to get his wife out of the Lunatic Asylum ; he then
left, and Williams and I went on together to Ralph Ken-
worthy; Ralph, his wife, and a Mrs. Marshall were inside;
after some time Williams beckoned Ralph and myself out;
we went; I asked Ralph if Hardwick was going to write to
Liverpool; he said he was ; then Williams said, Ralph, we
should do something to get rid of these knobsticks ; the
union fund is done or nearly so ; we have had a letter to that
effect." He also said, "We must either get shut of them
or we may starve in the street." He said, " Your pipe, Jack
and me have got ready ; we have loaded it with that powder
that you ( Ralph) and myself sent for;" he said, " I have got
some fine powder in my pocket to lay a train that it may run,
and I want you (Ralph) to watch while Jack lets it off, to
see that nobody takes it." Ralph said, " I don't know ; its
a dangerous thing to be seen with; will it do any harm ?"
Williams said, " No ; it will only give them a bit of a start."
Ralph said, " I'll never mind going then if Davies (meaning
me) will go with me." I said, " Provided no injury is in-
tended I'll go." Williams said, "There will not ; if you
meet me at the King's Head, I'll send Jack the other road
with it, and I will come through Dukinfield." He also
Said, that " If we were not at the King's Head soon we
should meet him in Scotland-street." Ralph then went into
his house; Williams went off; and I went to the King's
Head, and from there to Samuel Hardwick's. I spoke to
Hardwi ck at his house. From Hardwick's I went back again
to the King's Head, but, not finding Williams there, I went
to Scotland-place, and I met Williams just over the canal
bridge. He asked me if Ralph was come ; I said, "No ; I
expected him here." He said, "He is most likely up at the
place with Jack." Dukinfield bridge is not a hundred yards
from the canal bridge. Williams then said, "Come up this
way (Scotland-street), Jack will be up yonder." We were
then going in a direction nearer to Whitfield's. Williams
then told me to put his under coat on, that I should be dis-
guised, and he would keep on his top-coat. First, he pro-
posed that we should change coats, but I said my coat
wouldn't fit him, and that I would do very well as I was. We
didn't change coats. We then went up to Scotland-street,
and came into Stamford-street, where we turned to the right
towards Whitfield's. As we went along he took me up to
the gable-end of Mr. Swift's house and said, " Thou hest
nothing to defend thyself with." I said, "No ; I didn't
want anything ;" and he pulled a knife out and put it in my
hand, but I returned it to him. He said, " Jack must be
protected ; 1 will lose my life before Jack shall be taken."
He then took up a stone and said, " We'll go on, and when
we get near the spot whistle and Jack will know that I am
here." We then went towards the sawpit,,l first and he fol-
lowing me, and when we got within fourteen or fifteen yards
Of it, and immediately after Williams told me to whistle,
there was a flash. The flash consisted of a long trail of fire
running along the ground a yard or more. Hulme was within
two yards of the flash. He stood opposite the side of the
pit. The report was a very heavy one. Hulme then came run-
ning towards me and kept on towards Stamford-street ; there I
lost sightof him; I never saw him againuntil he was in custody.
Williams ran with me, and I passed him before he got six yards.
We rassed some buildings called Scnrrah-buildings, where we
heard a woman cry out, " Good God ! what made that noise?"
We went through Penny-meadow. At the Tontine Hotel
we met William Marsden and William Newton. At that
time Williams was walking along with me, for we then ceased
to run. I went down Wellington-street ; the prisoner was
with me at the time. We went through the market- lace
before we got to Wellington-street. We went through Holt-
street, Portland-street, and over the canal bridge leading to
Walkmill. He crossed near the new square in Stamford-
street, close to Dr. Wood's house. I parted from Williams
at the junction of the canals ; he went off towards Dukin-
field along the footpath. Before he left he wished me to go
through Oldham ; he said as there is likely to be a bother
about this we had better go out in the country. As we were
passing two sawyers that were working at Mr. Gill's he said,
I wish that long b—r," meaning a man named Massey,
" had a couple of bullets in him." 1 said I didn't wish any
one to be shot. He said, "if Jack has elevated yon piece
right lie has made a job of him ; when I left Ralph Ken-
worthy's the last time that afternoon I went across the mar-
ket-place ; I, was taken into custody at eight o'clock on the
night of the 11th of December; I can't say whether Wil-
liams was taken up the same night, but I saw him in the
court the Wednesday following•, we were then sent to Droyls-
den, and in about a fortnight after we were brought up in the
lock-up to be shaved ; Williams, the two Hardwicks, and
myself were left together; Williams said to the Hardwicks,
" I hope there will be no splitting on this—Jack is a little
good-'un, I shouldn't like him to be hurt—l would sooner
hang like a pound of candles than split on him ;" we were
sent that night to Kirkdale Gaol on a charge of conspiracy,
not of murder ; while at Kirkdale I said to Williams that
this was a very serious job, that a good many were taken up
on it, that some innocent person might suffer death for it,
and that if I knew he would have gone so far I wouldn't have
gone with him ; lie said, " Oh, never mind it ; it will never
be found out ;" I said I was sure it would come out ; he
said, " no one on earth knows anything about it outside—
only me and Jack" • Samuel Hardwick then joined us ; the
same was said in his presence ; I said I was sure it would
come out—that murder could never be kept secret so long ,
he said it never would come out ; [witness was here handed
a paper] I saw this before at Beckwith's ; Williams gave it
to me ; he said it contained some good receipts for making
lucifer matches and for making fire without light; I was
examined before the magistrates on this charge ; I did not
tell the whole account on that occasion exactly as I told it
to-day ; I omitted the last part about the discharge of the
cannon.

Cross-examined by Mr. WILKINS.—I have been a sawyer
for twenty years, perhaps, during the greater part of which
I have been a resident in Ashton. Never resided out of
Ashton longer than a week or two at a time, when I had a
job in the country. I did not' tell all that I knew at first,
but all that I did tell was true. There might be some parts
of it not exactly as I have recollected since. I do not mean
to say those parts were not true ; but as near as possible they
were correct. Robert Newton and Keys apprehended me,
in my own house. I did not give Newton the account which
I have given to-day. I might have told Newton that I had
not heard of any man being shot or any shooting. I was
very much agitated at the time. I told Newton 1 had left
the King's Head the afternoon before the murder was com-
mitted, but I do not recollect telling him that it was at
six o'clock. I believe 1 mentioned some time, but I cannot
recollect what it was. I told him the names of the parties
who were there. I cannot say that I mentioned the name
of Williams to him. The recipe book produced was not
found upon me. It was given to the police by my wife,
whom I sent to look for it in a certain book. I do not know
to whom it was given. I was a prisoner. It was given in
my house. They were not searching my house at the time :
they did search it, but the pocket-book containing it, in a
drawer, escaped their notice. Samuel Hardwick was present
when Williams gave the recipe book to witness : it was at
Beckwith's house, on the sth of December, at night. Wil-
liams said I should find some good recipes in it. I did not
read it at the time, but put it in my pocket. I went on
" tramp" to seek work, in October. I applied for work at
Lancaster, and at many other places. James Kenworthy left
Ashton with me. The first place we went to was Oldham,
where we staid all night. I was not sent out expressly for
the purpose of collecting subscriptions. I did solicit sub-
scriptions. I went to Bury, where the society said they had
many men out, and were very poor. After that I did not
ask them for subscriptions. I also went to Burnley. I
asked for subscriptions there, and I gave the society a letter
which I had received from the secretary at Ashton. I went
to Preston. I will swear I did not ask for subscriptions
there. I next went to Fleetwood to look for work. I did
not ask for subscriptions there, as thPre was no society. I
then went to Laneaster, where I saw some sawyers. I will
swear I never said to them—" If they would do as I wished,
they would soon blow all the knobsticks to the devil," nor
any thing of the kind, I never told them I had a recipe
that would soon put an end to the knobsticks. I never
suggested to them that if the knobsticks were allowed
to work, I would set fire to their places. I then went
to Liverpool, and afterwards to Dublin. I did not so-
licit subscriptions there, but the man who was along with
me did. I stayed in Dublin two days. I then came
back to Liverpool, and afterwards went to Wigan where
Ralph Kenworthy solicited subscriptions. I should be
surprised to see him here ; but I have heard he is gone
away. Kenworthy joined me in. Liverpool, and he went to
Dublin with me ; came back with me ; went with me to Wi-
gan, and back again to Ashton, where we arrived on the 2d
November. It was on the 18th November I first heard any-
thing of the pipe. I kruiw it was that day because I saw a
letter addressed by a friend of mine, named Thomas Bennett.
It was not connected with the trade. At that time Bennett
lived with Thomas Perry, a spinner, in Cowell-lane, Ashton.
Bennett is a painter : he is my wife's brother. I do not
know where he is now, as he left Ashton to look for work.
He is not in custody. I have been in prison the whole time.
I was brought from Kirkdale here. I cannot say how many
times Newton has seen me in KiOidale ; two or three times
perhaps. He, has 1.19'401114 edozen times ; but I will not
swear he hai not seen me half a dozen times. I told the go.
vernor of Kirkdale prison to write for him when I laid the
information. It is three months since. . What I told him at
that time was true. I did not at that time tell him I was
present when the pipe was shot. I know it was the 18th of
November because I had seen the day of the month in Henry
Hardwick's book two or three days before. I cannot re-
member what was in the book. I first saw the pipe on the
18th. Hulme had it wrapped up under his arm. I expressed
myself many a time against using such things. I did not
threaten to inform more than once, if that pipe was not made
away with ; but I told Williams, on the night of the 18th,
I would let somebody know about it. I took it home with
me the same night. Il told my wife, when she asked me
what it was, that it Was some tools for which a man would
call. The canal is 300 or 4(1(I yards from my house. I poured
some water into the pipe the same night, about seven o clock.
I got thp water from the kitchen. My wife was not in then ;
she was in some of the neighbours; houses; but she had not
been out many minutes. I cannot say when was the first
time that I mentioned Ralph Kenworthy's name ; but I
mentioned it in the court-house at Ashton. Both Ralph
Kenworthy and myself told them to throw the pipe into a
pit. I know Job Arundel and Henry Hardwick, I was not
present when Hardwick and Kenworthy ordered Arundel to
fetch some gunpowder from Oldham. I do not know Betty
Travis by name. I might know her by sight. She might
have been examined before the magistrates. There were six
or seven people present when Williams said, as be was going
down stairs, that he would shift the knobsticks. It was on
the 11th that Williams said, " Jack and me have got ready
yon pipe, with the powder that you and me and Harry have
sent for." This was not said to me, but to Kenworthy. I
have told this before to-day ; it was in the court at Ashton.
When Williams wanted me to change coats with him, he had
a blue coat on : it was not that which he is at present wear-
ing. I had no notion that Newton was taking me up on a
charge of murder ; but I was committed for conspiracy. He
did mention something about a man having been shot. The
pipe was sent for to my house about five o'clock in the after-
noon of the 28th November. Ralph Kenworthy went for it.
My wife knew him. I have kriown Hulme for about three
years : he has gone for some time by the name of " Cast
Metal Jack."
Re-examined.—Newton did not come to me at all until
after Mr. Amos, the governor of Kirkdale House of Correc-
tion, at my request, had sent for him.
Samuel Hardwick, examined by Mr. WORTLEY.—I am a
sawyer. I was a member of the Sawyers' Society at Ashton,
and was secretary for a few months towards the last. In the
month of October last I went to Bowstead's house, having
been sent for. I found John Williams there, and asked him
for what purpose he had sent for me. He said he should be
obliged to have his etwd, for he mist go oft as 140 had been

making aft attempt at Mr. Whitfield's, and he nitist have a
sovereign too. He said he had made the attempt the night
before. This was on the night of the 21st October. The
meaning of " taking the card," is to show that the man who
has it is qualified to take a job as a member of the trade. I
told him he knew it was impossible for us to give him a sove-
reign, or any thing of the sort, as our money was very scarce.
He said it ought to be borrowed, for he had lost his great
coat in the attempt the night before, and Hulme had lost a
pair of shoes. He had mentioned Hulme's name before.
He said that Hulme and he had bored a hole through the
door, and put a quantity of powder through, and when Huime
was just upon the point of lighting the match, the watchman
came round the corner, and they had a scuffle. I did net give
him a card. He told me to go to my brother Henry, who was
the steward of the society, to ask for the card. I went ; I
then went back to Williams, and told him that my brother
said he should have neither card nor sovereign. He said he
hardly expected it, as he understood my brother Henry was
rather in liquor. I remember being in Prophet's beer-shop,
one night about the middle of November; I found John
Williams, John Hulme, Ralph Kenworthy, and Edward Da-
vies there. I believe nobody else was in the room. I saw
Davies carry something out, wrapped in something which I
took to be a bag. He took it from the seat he had been
sitting upon. The whole four had been sitting upon the
same seat. Davies came back in a quarter of an hour. He
then spoke to me, but the other men could not hear what
he said. Two or three days after that, Williams told me
that Hulme and himself had been trying the instrument.
He said the instrument was a cannon made out of a pipe.
He said they had tried it three times that night, but it would
not go off, near Mr. Whitford's saw-pit. I remember being
at Beckwith's house the Saturday night before this : there
were there, me, Davies, Williams, and Hulme. I told
Hulme I had been told by a certain person in Ashton, that
he was not a man to be trusted with secrets belonging to the
sawyers. I told him that this man had told me that whilst
he was in Kirkdale, Williams had had to come down to him
to keep his tongue a little quiet. He said he had said nothing
of the sort, but that he had said the sawyers ought to look
upon him more respectfully, or something of the sort. If
recollect Williams had a sheet of paper in his side pocket,
and he wanted to get it out to give it to Davies, as there
were some good recipes in it, one particularly, to make good
Lucifer matches. He gave it to Davies, and told him to take '
care of it. Williams had some difficulty in getting it from
underneath a brown paper parcel, which he had in his pocket.
The parcel was a square one. On the sth December, about
three o'clock in the afternoon, I asked Williams to go with
me to Staleybridge. He said Job Arundel was to bring
him something from Oldham, and he should have been home
before that time. We walked on 40 or 50 yards, and then
Williams stopped again, and said, " I should be at home to
receive the parcel which Job Arundel is to bring me." I
said " very well," and at that moment Davies came up; he
went with me, and Davies came back. The morning after
the murder, between 10 and 11 o'clock, I was at the King's
Head. Many sawyers were there. There was a meeting of
the club at 2 o'clock, in the room up stairs. Edward
Davies, myself, John Williams, and some others were
there. Hulme was not there he is not a sawyer, but I
have seen him frequently at the King's Head. At that
meeting, after we had gone through our accounts, so
that everybody was satisfied, I said, " Would it not
be better to send a deputation to the masters ?" Some
doubted the utility of it. and some recommended it. Joseph 1
Marshall recommended the proposition, and said he should
like to know how many of their masters had got into the
black book? Williams said, in the end, "If nothing can be
done, I only want two or three good volunteers." I did not
remain in the room three minutes after that. I was taken
into custody that evening, and I have been in custody ever
since. I was in the police station with Davies, my brother
Henry, a man named Thompson, Williams, and another. I
heard Williams say "he should not like any splitting, and,
rather than any harm should come to little Jack, he would
hang like a pound of candles." I was afterwards taken to
Kirkdale, and I remember some conversation between Wil-
liams and Davies. Davies was talking with him very se-
riously : he said that a great many people would suffer—that
the innocent would suffer as well as the guilty. There had
been au allusion to the Glasgow cotton spinners. Williams
replied, " How the devil can they bring anybody in when
nobody knows but thee and me and little Jack ? "
Cross-examined by Mr. WILKINS.—I have been arraigned
on the charge of conspiracy. I have been with Davies this
morning, and have had some conversations with Mtn before.
It was four or five days after we were liberated from Kirkdale
that we gave evidence before the magistrates at Ashton-
under-Lyne. I was secretary to the society a little short of
six months, and a good while since I held the office of stew-
ard. Williams and myself have not been very intimate.
There is no rule of the society that would justify me in giving
Williams money to commit a felony. I made very light of
it when he asked me, because I could scarcely believe it. It
was three o'clock in the afternoon when we got back to
Ashton-under-Lyne. Two other clubs held their meetings
in the room at the King's Head besides the sawyer's society.
The first information which I gave respecting this matter was
to Mr. Hall at his office. Davies was not present, but I had
seen him the same day. I did not then tell the same story as
I have told today, Newton apprehended me. I told him
I knew nothing about the murder. I have not been told that
if I would tell all I should escape unhurt. Ido not expect
any thing for telling all; and no promise has been held out
to me to induce me to do so.
Mr. Whitfield was here recalled, and he said that on the
night of the 20th of October an attempt was made upon his
house. The door had been bored through, and a quantity
of powder put in. The watchman alarmed witness.
Cross-examined.—The powder was of a coarse kind, but
not so coarse as blasting powder.
Henry Hardwick, examined by Mr. Sergeant ATCHEILLY.
lam a sawyer at Ashton. The Saturday night before the
murder happened I was at the King's Head. Williams was
there. He ordered Job Arundel to bring a pound of coarse
blasting powder from Oldham. Arundel went, and he brought
2 lbs. of powder back. He gave me the powder, and I gave
it to Williams. I was at the club-house on the afternoon of
the day of the murder. Williams and several other persons
were there. A motion was made that a deputation should go
to the masters to see if they could compromise matters.
Williams said, " Oh, it's of no use, there only wants five or
six good volunteers to finish it." Witness was with Williams
in the Staleybridge lockups. I said, " I wonder if the man
was killed dead ;" and Williams replied, " Why, man, there
might be five or six bullets into him, and all that I'm sorry
for is that there was not another done at another place." He
said, " It was intended that a coping stone should be taken
off the wall adjoining Mr.Goldthorp's yard, and one of these
things planted there and fired into Mr. Goldthorp's pit." I
was afterwards with Williams in the Liverpool lockups, and
I told him that Davies had been telling all that he knew. He
said, " Then Ido not care how soon lam dead." I said,
" Does he know anything that will criminate you?" He
said, " Aye, he knows as much as I do myself." I asked him
if he had not told Davies that it was Hulme who fired the
shot ; and he said, " Why, I might have let it slip in conver-
sation." I know the book produced. It is a memorandum
book that I kept of the sums I paid on account of the club.
Robert Newton took it from me when he apprehended me.
There is an entry in it of ss. Williams demanded that of
me for Hulme. I was ordered to pay it to him, and I did
so. I remember being in the lockups at Droylsden on the
Bth of January, half way between Manchester and Ashton. I
found the prisoner Hulme there. We were in the same place
there. When we were alone together he started a praying,
and wanted me to pray too. I made no reply. He then said,
" How can I stand before thee, 0 God, and ask for forgive-
ness, since I have taken life ?" He also added, " I have
taken what I cannot give." Sometime that night Newton
put Williams into the same cell. The following day they
both knelt down and prayed together. Hulme was the
speaker, and he said, " I pray thee, 0 God, to bless the widow
and the children that we have made fatherless." When I
was in Kirkdale about three weeks since, Hulme said Davies
had sworn to the wrong dates as to the time of making two
attempts, and he recollected remarking, if it was not made
then, it would he too late as the lamps would be lighted.
Cross-examined.—l am a sawyer. I have been in prison
since the 11th of December. He asked me whether I knew
anything Of the murder, and I told him I did not. I was in
the same yard at Kirkdale with Davies and my brother
Samuel. Nobody was present when Williams said four or
five bullets had gone into the man. I did not order any
powder myself ; but I am sure I heard Williams order Arun-
del to get it. Arundel gave it to me. Davies was not pre-
sent when the powder was ordered. I first told this story on
the 13th January at Ashton before the magistrates. I did
not tell the whole of what I have told to-day. I did not tell
them about the praying in the lockups.
By the JUDGE.—The lockup keeper was not in the room
when they were praying.
Cross-examination resumed.—r was not put in the lockups
as a spy. The entry foi 5.5. was not written in October or
September. don't know how many times I have talked to
Davies about this murder, We were in the workhouse at
Ashton two or three days together. I was not aware when
the prisoners were in the lockups that any body was listen-
, ing. I was not told to listen. 1 leave it to the mercy of the
gentlemen whether I get off or not. I was present in Kirk-
dale when llulme gave instructions to his attorney for his
defence, but I did not hear those instructions. I never sent
• for an attorney myself. 1 did not see Davies the day the
powder was brought from Oldham.
Re-examined.—l believe the entry of the ss. paid was
made the week after the 30th October. When I heard these
statements in the lockups I was a prisoner under charge my-
self.

Job Arundel, examined by Mr. BRANDT —I am a sawyer
I remember the day Cooper was shot. On. the sth Deem
ber I was sent from the King's Head, Ashton, to Oldham
I went to Oldham and got 10s. for the club. I bought tw
pounds of powder. When I started I understood I was to
get a pound and it would cost sixteen pence. It was to be
blasting powder. I found it to be only sevenpence a pound,
so I brought two pounds. I brought it back the same ' after-
noon and gave it to Henry Hardwick. The sameevening
went to the Feathers in Dukinfield. There were there Ed-
ward Davies and Samuel gardwick. I saw Hulme there.
Cross-examined by Mr, WILRINS.—RaIph Kenworthy
and Henry Hardwick ordered me to buy the powder.
cannot say whether Davies was there. 1 did not see Wil-
liams there. I gave the powder to Henry Hardwick. It
was six o'clock when we were at the Feathers. We came
away from there with James Bowstead between seven and
eight o'clock.
Re-examined.—l was at the King's Head two or three
hours before I started, and I cannot remember all the peo-
ple who were there. The powder was tied up in a brown
paper parcel. I had a note to draw the money when I got to
Oldham. I took it to a man named John Clarke, who gave
me a paper, with which I went to the club-house and got the
money. I then paid for the powder With it, and: brought
the change back.
Thos. Prophet, examined by Mr. Wort'rux.-1 keep a
beer-shop in Delaillere
-street, Ashton ; and since the turn-
out a great many of the sawyers have come to my house. I
have seen both the prisoners there, with Henry Hardwick
and others. I remember one night a man named Henry
Hodkinson being there with the two prisoners and two other
men whom I did not know. They were altogether at the
back of the door of the front room. The last time I saw
Hulme there was the week before Cooper was murdered.
There were with him the Hardwicks and two others.
Cross-examined.—l am sure, upon my solemn oath, that
the two prisoners were there the night that Hodkinson was.
George Shede, examined by Mr. BRANDT.—i am a shoe-
maker at Ashton. On the night of the 18th November I
went into the last witness's house, and saw there the two
prisoners, Samuel Hardwick, and a man named Ralph,
whose other name I do not know. I saw something lying on
the form, wrapped up. It was rather thicker than my arm.
I believe that Williams sat at one end of it.
Thomas Hodkinson, examined by Mr. Sergeant ATCHER-
LEY.--I am a clogger, and live in Ashton. On the night of
the 18th November I was in the back room at Thos. Pro-
phet's beer-shop. I went into the front room, and I saw
Williams, Henry Hardwick, and Davies there. I did not
sit down. They had a bundle with them, about three-quar-
ters of a yard long, and as thick as a Ihan's thigh, under the
form.• I then went into the ba4..reLem 3 and Henry Hard-
wick, Williams, and DAvis
came there and staid till nine or
ten o'clock.
By the JUDGE.—I know it was the 18th, because a man
joined the teetotallers on the 26th, which was eight days
after I was iu the house. I knew he joined on that day, be-
cause I had some conversation with him. It was on a
Wednesday.
Sarah Davies, examined by Mr. WORTLEY.—I am the
wife of Edward Davies. In November last I remember my
husband coming home on a Wednesday night. It was the
18th day of the month. He brought with him something
wrapped in a coarse piece of blanketting. It was at least
half a yard long. He took it
up stairs, .and when he had
got up I heard something trump, upon the floor. It was a
heavy bump. my Irsband went out afterwards. The next
day I saw the thing be bad brought in the night before. It
was under the bed. I tried to push it with the brush, but it
was heavy and I could not. It remained in our house till

Friday night, when Kenitorthy fetched it away a little after
five o'clock. I gave my husband's pocket-book to Mr.
Newton, and he took the recipe-book produced out of it.
This happened when my husband was in custody.
Cross-examined.—My husband told me that what he had
brought was some tools which a workman would fetch away.
I have never said I did not know the nian who fetched the
parcel away. On the afternoon of the murder my husband
came to his dinner about three o'clock. He did not stay
longer than a quarter of an hour. He came home again
between six and seven o'clock. It was not seven o'clock
when he came. His father came with him.
Ann Booth, examined by Mr. Sergeant ATCHERLEY. I
am the wife of] loseph Booth, who keeps abeer-shop in Dela-
mere-street. I know Edward Davies. I remember seeing
him, the two prisoners, Ralph Kenwoithy, and Edward
Shaw there one Friday night in November. There was a
squabble among them about some pies which belonged to a
man who was selling them. This was the same day that a
man named Ashworth came into our house.
John Ashworth, captain of the watch at Ashton, proved,
that the day mentioned by the last witness, was the 20th of
November, as he was called in to quell the noise. He saw
Hulme the same night in the street, and charged him with
having stolen the man's pies, and Williams in the Stamford
Arms.

Cross-examined.—lt turned out that the pies were paid
for, and that Hulme had not stolen them.
James Bowstead, examined by Mr. Wowrinr. I am a
sawyer. On the sth November I was working for Mr. Dar-
went. Arundel and I went afterwards to the Feathers, when
I saw Davies and Hulme. We all came out together.
Hulme went home towards Dukinfield. I called with Arun-
del at a beer shop, where we remained a quarter of an hour.
I saw Hulme again as he was going to market, about half-
past seven. We went down Dukinfield-lane together. We
met Williams just below the lodge gates, between Dukin-
field and Ashton. Edward Davies and Samuel Hardwick then
came up, and Arundel and I went home. I was at work at
Darwent's on the night of the 11th December. I left off
work about seven o'clock. Hulme had been working there
that day. Ido not remember what time he went to his tea,
but I asked him, and he told me it was hardly six. When he
came he said " hat, you are working yet.s' I cannot tell
how long the other men had been back. He left before me,
about an hour after he had come, after he had made two
shuttle boards. We went by Mr. Hindley's clock, as we
could hear it strike, which was usually a little before Ashton
church clock. It was ten minutes past seven by Mr. Hind-
ley's clock as I was going. I heard the Ashton clock strike
as we were going away, but I cannot tell what it struck.
Sarah Beckwith examined by Mr. BRANDT.—My father
keeps a public-house in Dukinfield. The Saturday before
the murder four persons came to our house about eight o'clock
in the evening. They went into the tap-room. The door
was closed four times, and I opened it that I might see that
nothing wrong was going on. I took them a pint of ale at
first; they were three-quarters of an hour in drinking it;
then I took them another pint. = Two of them were, sitting
on the form, and two on the table. One of the two who sat
upon the table was the prisoner. One of them on the form
bad a paper in his hand. After I had taken the 2d pint the
door-way closed again, and I opened it.
Cross-examined.—The paper in the man's hand was like
a long sheet of letter paper.
Samuel Beckwith, father of the last witness, said that when
he came home he found four men in the tap-room. One of
them was Williams—he was not sure whether Hulme was
one—and the others were Hardwick and Davies. After
staying an hour they went away. Williams, Davies, and
one of the Hardwick 's came back in twenty minutes after-

Cross-examined.—Dairies appeared rather intoxicated.
William Dobson.—l am an excavator at Ashton-under-
Lyne. On the sth December I went into Beckwith's house
with a soldier. There were there Hulme, Williams, Davies,
and Hardwick ; Davies and Hulme were to my right.
Hulme was kneeling between Davies legs. He had with him
a basket : he was dressed in a round jacket.
Cross-examined.—l mean to swear that Hulmewas there;
but at first I was rather in doubt of it.
James Whitehead.—l was landlord of the King's Head
in Ashton-under-Lyne in December. Hulme has been there
several times with Williams. He was there last on a Sunday
morning, tnree weeks or a fortnight before the murder, and
asked for a pint of beer which, he said, Williams authorised
him to get. I refused to give it to him. On the 11th De-
cember Williams was at my house, with Davies and the two
Hardwicks. The latest time I saw him then was between 4
and 5 o'clock. That was the last time I saw him.
Cross-examined.—Other clubs 'met in the same room as
the sawyers' club. He passed the bar to go first, and Davies
went out with him.

morning

Samuel Cowley said he was assistant overseer of Ashton.
He confirmed the statement of Kenworthy having applied
to him to get his wife out of the Lunatic Asylum.
Ann Marshall.—l am the wife of Joseph Marshall. I
remember the day Cooper was shot. On that day I was at
Ralph Kenworthy's house, which is a quarter of a mile from
Mr. Whitfield's sawpit. Williams and Davies came in.
Ralph was at home. One of them said they wanted to speak
to him, and they all went out together. Ralph was out
about ten minutes: he then got his tea. I saw no more of
Williams or Davies.
Joseph Gill.—l was in the Ashton market-place on the
afternoon of the 11th December. I saw the prisoner Wil-•
liams and Edward Davies pass through the market together.
Betty Travis.—l am a widow, and live at Ashton. On
the 11th December last, I was coming from Stayleybridge
to Ashton, when I saw Williams at halt-past four in John
Kershaw's field. He was going towards his home. I
watched him go over the cut [canal]. This is rather more
than a quarter of a mile from Mr. Whitfield's saw-
yard. I went forward into the town, and passed Mr.
Whitfield's saw-yard. I do not know what time that would
be, hut it went half-past four when I was in Kershaw's field.
I heard a loud report about half an hour after I had passed
Whitfield's yard. I saw three men standing in the road, on
the same side as Whitfield's yard, but I do not know who
they are. One of them was very low and slender. I heard
the report exactly at 10 minutes before six o'clock by Ashton
church.

Cross-examined.—The last point at which I saw Williams
was by Mab Hole's swing-bridge, which is a good way from
Whittleld's saw-yard. The three men I saw near the yard
were outside of the yard. I did not know them. I have
known Williams thirteen years.

By the JUDGE.—Williains was not one of the three men
I saw near Whitfield's sawpit.
Benjamin Revel.—l am a plasterer in Dukinfield. I re-
member the 11th December. I was standing at Wickergate,
from ten minutes to a quarter before six o'clock, with Ben-
jamin Booth, a man in my service. John Hulme, I think,
passed me there. I believe it was him. He had on a light-
coloured jean round jacket and light trowsers ; he was going
at a quick rate, between a run and a walk. He was coming
as it were from Dukinfield, and going towards Ashton. 1
observed him from 20 to 30 yards.
Cross-examined.—l will not venture to swear it was
Hulme who passed me. The man I saw was by himself.
Benjamin Booth.—l am a plasterer, and work for the last
witness. The day this murder happened I was standing in
Wickergate with my master. About five minutes before that
time I heard a loud report from the direction of Mr. Whit-
field's. After a little time I saw John Huline pass. I am
sure he is the man. He was dressed in a round jean fustian
jacket. He was coining up Scotland-street, and was going
towards the Old Cross. I knew him by the name of " Cast
Metal Jack." My master used the term as he was going
by. I have kno%n him for nine years.
Cross-examined.—No man was with him. I have never
said there was. lam now in the employment of Mr. Revel.
I have heard about the £2OO reward offered in this case, but
Ido not expect to receive any of it. I went to the Police-
office on a Sunday morning, with a person named Groom,
and I saw the prisoner Hulme there. I had no, business
there beyond going with Groom.
Re-examined.—After seeing " Cast Metal Jack" pass, I
saw James Kenworthy pass, and then Ralph Kenworthy.
Ralph Kenworthy went into the Church-yard. They both
came from Scotland-street. They all came from the same
direction.
Catherine Nicholson.—l live with my husband in Scur-
rah-buildings, about 100 yards from Whitfield's saw-yard.
On the night of the 11th December I heard a report. It was
a few minutes before six. I opened the door, and exclaimed
" Good God! what's that ?"

William Marsden said.—l was out on the evening of the
11th of December, in Penny Meadow with Wm. Newton. It
was at ten minntes past six. I am not a sawyer, but I had
been sawing a plank up for Mr. Isaac Newton. Hulme had
told me I had better give it up, or I must take the conse-
quences. He spoke to me afterwards, that if I did not give
over sawing I must abide by the consequences. Williams
was in the same place on that occasion, but I do not think he
heard him.
Cross-examined.—l am quite sure Hulme was the man
who used this language to me. I never told it till last Sa-
turday.

Francis Lee.—l am a sawyer, and live 20 yards from the pri-
soner Williams's house. On the evening the man was shot I
went to the canal for sonic water. The canal is fifty yards
from Williams's house. I met him between the towing-path
of the canal and his own house ; he was coming from to-
wards Ashton. This was about half-past five by Hindley's
clock.

Robt. Newton, examined by Mr. BRANDT.—I am deputy-
constable of Ashton. I heard of the murder about twenty
minutes past six. I was then at the police-office, which is
500 yards from Mr. Whitfield's house. I went first to the
Swan Inn, where I saw the deceased lying. I then went in
search of Davies, in consequence of information I had re-
ceived, and upon my way to his house I met Williams. He
was wearing a topcoat. It must have been then about half-
past seven o'clock. I found Davies at home, and appre-
hended him. Williams and the two Hardwicks were after-
wards taken up and committed to Kirkdale on a charge of
conspiracy. On the 4th January, having received a letter
from Mr. Amos, I went over to Kirkdale, where Davis made
a statement to me. On the morning following I apprehended
Huline, and told him he was charged with having discharged
the pipe at Benjamin Cooper. lie said, " I was at Darnell's
at that time, working with Thomas and Edward. I was in
again from six to seven. There was a man there called John
Cooper, or Jack o' Tom's. Darnell's sawyers were at work
both when I went and, came back from my baggin" [tea).
I took down in writing what he said. He said, " I went to
make two shuttleboards : it was half-past five when I was in
James Broadbent's : I had also a load and a half of coals to
get in that night." I read over to him what I had written,
and he made no objection to it. On the Bth of January I
went to Kirkdale again. Williams and Davies were libera-
ted on bail, and I apprehended them immediately after on
the charge of murder. I told them the charge. On the
way to Manchester Williams said, " I know nothing about
it, so help me God." He was committed on this charge on
the 21st January. In the railway train he made a statement
to me. Davies had before that been examined as a witness
in the presence of the prisoner. I took down what Wil-
liams had said. I wrote it down as soon as I bad delivered
him into Kirkdale. He began, " Ned Davies has got him-
self nicely out of this job, and I suppose what I say will
make no difference." I said, " I cannot make you any pro-
mise, but if you say anything I will state the same to the
magistrates as well as I can recollect."
Mr. WILKINS said he would take the Judge's opinion
whether there was not in these words an implied inducement
for the man to confess.
The JUDGE held the objection valid.—The confession,
therefore. was not read.
Examination continued.—The recipe book produced I re-
ceived from Davies' wife.
The book was then put in, and the Ct.Enx of the COURT
read from it a recipe to make lueifer matches. The word
" mark" was written at the top, just above the recipe, in
black-lead characters,
John Gatley.—l am deputy-constable of Stalybridge. I
received the prisoner Williams from Newton on the 12th
December, and I told him he was charged with conspiracy,
and with the murder of one of Mr. Whitfield's men. I made
no promise or threat to him. He said that on the afternoon
of the murder he had been at the club-house from two to
half-past three o'clock, that he went home at half-past four,
and never went out of the house after.
Hannah Broadbent said she was the wife of James Broad-
bent, and that she lived at Dukinfield, four doors from
Hulme's house. The week before the murder, she saw
Williams come to Hulme's house. He went and tried the
door, and then went back again. He asked witness if she
knew where " Jack" was, and she replied that she could not
tell him. Williams had gone to Hulme's many a year.
Cross-examined.—Hulme was at my house on the night
of the murder. At twenty minutes past five he came in and
1
asked me where his little boy was. He went away then.
There were some coals at his back door, but I do not know
whether he got them in. My house is about five minutes'
walk from Darnell's, but I do not know how far it is from
Whitfield's saw-pit.
Michael Heaton.—l am a sawyer. I lived iu Manchester
in October. On the 31st of October I went to Ashton to
seek employment, and I went to Mr. Higginbotham's yard.

On my return from there met a sawyer, who took me to
the club-house in the old square. I saw the prisoner Wil.•
Earns there, and 16 or 17 others. The man I had met
told them I had been at Higginbotham's. They used
some coarse language towards me. I promised that I would
go back to Manchester, and not ask for work in Ashton any
more. Williams said " You had better not, for there's some
that's here now who will not be here long." He also said
that two delegates were coming from Manchester, and they
would try to persuade those men who were now working to
leave their employment, and those who would not leave by
persuasion must be beaten that night; that they would try
what beating would do, and if that would not do they would
shoot one or two.

Cross•examined.—l have been in the dock at the New Bai-
ley, Manchester. I was convicted in 1526, for stealing a
saw. I never was indicted for perjury. I have heel.: twice
convicted of stealing saws. All my misfortunes as to being
in prison having arisen from belonging to unions, I have
been in the lock-ups ten or a dozen times ; but only twice in
gaol. Sir Charles Shaw sent to my house to know if I knew
anything of this matter, and that was the way I became a
witness.

Re-examined.—l was in the lock-ups chiefly for being
drunk. When we are in a union we try to punish those who
do not. I took the saws to punish those who would not be-
long to it ; the saws were afterwards broken and thrown into
a pit.

Martha Bailey.—l am the wife of John Bailey, who is a
sawyer, not of the union. On the 24th of November my
husband was working for Mr. Stones, of Ashton. Whilst he
was at his work, I was in George-street. Williams, Tobin,
and Marshall (charged with conspiracy), came up. Williams
had a sack under his arm ; Marshall said to him " have you
had the bag ?" Williams said, " I have had the bag long
enough, and now l've got the sack." That means being dis-
charged from work. Marshall told him I was one of the
men's wives who saws for Stones. He said, are you ? and I
said—yes. He asked me what his name was. I did not
answer. He said, I know him ; it is Bayley, a d—d thief
and knobstick ; but I'll blow his brains out, and this sack is
to put his body in ; we have all their names down in the
black book.

Cross-examined.—l have been tried at Bradford about
some brass steps, I was acquitted, but I waa not acquitted
on the ground that I was insane.

Joshua Newton, a police-officer at Ashton, said he appre-
hended Williams at five o'clock, on the morning of the 12th
of Deeniber, and he asked him whether something was up
with the sawyers. Witness told him there was—that a man
had been shot.

Benjamin Cooper, sen. was then called. He merely
proved that the deceased was his son, and that his name was
Benjamin.

Cross examined.—ls occasionally a sawyer and a wheel-
wright. Sawyers carry files to whet their saws.
Henry Bake, surveyor at Ashton, said he had made a sur-
vey for the purpose of this inquiry of the distances of the
different points from each other. The plan and table of the
distances were put in.

Mr. Sergeant ATCHERLEY said this was the case for the
prosecution. .

- Mr. WILKINS said, that the case of his learned friend
having been closed, he had to apply to his lordship for an in-
dulgence which was once granted to him under similar cir-
cumstances, by Mr. Justice Coleridge. It was that the
trial might now be adjourned till to-morrow morning,
(Tuesday,) as he felt himself unable, if he were now called
upon to proceed, to do full justice to the case for the prisoners.
The JaDGE asked the learned counsel if he apprehended
that the case could not be closed in three or four hours—by
12 o'clock for instance ?

Mr. WILKINS replied that that was his impression.
The JUDGE intimated that he would under the circum-
stances consent to the application. _

Mr. Sergeant ATCHER. L. EY said, on the part of the crown,
he had nothing to propose or to oppose : he was entirely in
the hands of the court.

The jury having intimated their wish to adjourn,
The JUDGE explained to them that it would be necessary
for them to be kept together in some convenient place, and
that they must be content with such accommodation as the
county could afford them.

The UNDER-SH ERIFF said he had sent out to ascertain
what accommodation could be provided for them. After a
short delay he informed the court that a room would be pro-
vided for theirs at the Queen's Arms Hotel.

Three bailiffs were then sworn to keep the jury in the usual
for►n, and the trial was adjourned till nine o'clock this

INDICTMENT AGAINST A CIIARTIST

Christopher Dean was arraigned and pleaded guilty to two
indictments, charging him with seditious conspiracy, &c., in
1839, along with Wm. Vicar Jackson, Feargus O'Connor,
and others.—He was ordered to find bail to keep the peace,
and to appear for judgment when called upon, himself in
£4OO, and two sureties of £5O each, or four of £25 each.

BIGAMY

Dr. BROWN applied for the trial of Eliza Daniels, indicted
for bigamy, to be postponed till Friday next, on the ground
of the illness of a material witness.

Mr. WiLKINs, on the part of the prisoner, assented to the
application, and the learned JUDGE granted it.
The court adjourned at a quarter to seven o'clock.

NISI PRIUS COURT.—MoNDAY
Baron Rolfe took his seat at nine o'clock.

The following undefended actions in the West Derby List
were decided this morning :
DIXON, PUBLIC OFFICER, V. WRIGHT
plaintiff for £l6O 17s. 6d.
BROOK V. CARN.—Verdict for the plaintiff for £-13
BOND AND ANOTHER V. KDNT.—Verdict for the plaintiffs
for £6l -Is. 6d.

Verdict for the

A131.10T AND ANOTIIER v. ELLANl.—Verdict for the plain-
tiffs for £2O 15s Od.

YATES V. EDWARDS.—The action was to recover £152 for
services as an attorney. The defendant pleaded that he was
not alone indebted, but conjointly with others.—Verdict for
the plaintiff for £152.
LORD AND ANOTHER V. PARKINSON.—Verdict for the
plaintiff's, by consent, for £287 7s. 4d.
SPECIAL. JURY CASE.—DEARDEN V. BURGESS.

In this case the action was brought by James Dearden, as
lord of the manor of Rochdale, against George Burgess and
James Dawson, for the purpose of trying the right of get-
ting certain stone.

The list of special jurymen was called over, when only the
following ten answered :—Messrs. John Anderton, of Dux-
bury ; John Bibby, of John Brown, of Liver-
pool; Samuel Clarke, of Hawkshead; Jos. Callan, of Tox-
teth-park ; Richard Edwards; Geo. Grant, of Liverpool;
Henry Harrison; Gilbert Harrison, of Toxteth-park ; Mor-
ris Montbear.

By consent of Mr. Cresswell and Mr. Dundas, two com-
mon jurors were called to make up the number. John Allen
and Nathaniel Bond were called to make up the number.
They were sworn with the special jury.
Mr. Cresswell, Mr. Alexander, and Mr. Tomlinson, ap-
peared for the plaintiff; and Mr. Dundas, Mr. Cowling, and
Mr. Martin, for the defendant.
The case contained no points of importance, and, except
perhaps to the parties concerned, was peculiarly dry and un-
interesting.

Mr. CIaSSWELL, in opening the case on behalf of the
plaintiff, said the action was to try his right, as lord of the
manor, to the getting of some stone—a right which he had
but little doubt he should establish. He believed it would
be alleged that the right had been given up by conveyance.
It was true that the land had been conveyed by Lord Byron,
the former owner of the soil, in the year 1690, but it was
with a reservation as regarded stone and coal. There was no
reservation as regarded trees, because the land was of such a
nature that it was not believed at that time that trees would
ever be grown there.

The original deed of conveyance, dated 2d May, 1690, be-
tween the right hon. William, Lord Byron, lord of the manor
of Rochdale, on the one part, and Abraham Scholfield, a
yeoman, and Charles Butterworth, a yeoman, on their part,
was put in and read. By this, certain lands specified were
conveyed from the former to the latter in consideration of a
sum of money owing the said Lord Byron's father, of a rent-
charge of ten shillings a year, with power of distress, a sti-
pulation for service at the manor court, and reservation of
coal and store.

Witnesses were called to prove that the rent of ten shil-
lings a year had been paid till this time, that £3 per annnum
had been paid to the lord of the manor for liberty to get
stone, and thus the party who had permission was compelled
to give up an order to that effect from Lord Byron : that in
1824 the rights and muniments of the manor were handed
over to the present plaintiff's father, and that the plaintiff
succeeded to these rights in 1828 ; than in 1833 a Mr. Wild,
who held part of the lands originally conveyed, was applied
to for permission to get stone, replied that he could not give
it, as the stone was not his—it belonged to the lord of the
manor, and further, that the defendant Dawson, as the ser-
vant or tenant of Burgess, had got a quantity of stone, and
was still working out from the quarry stone which is of con-
siderable value.

The defence was, that within the land for which the con-
veyance was produced, there was a small patch (four acres)
of freehold land, which had been freehold from time imme-
morial, which had, as freehold, been conveyed with all the
rights to get muniments, &c, before the date of the deed in
question, (to wit in 1678,) and that it had since been
treated in almost every way that freehold land could be

treated in this country. It was further alleged by Mr.
Dundas, in his address to the jury, that the property con-
veyed answered the description exactly without this piece of
land, while neither as respected boundaries nor quantity did
it answer the description including this piece of land, which
was actually in 1678 charged 40s. a-year, though only four
acres, while that conveyed, which it was said included this
piece, was charged only 10s. a-year, though upwards of 30
acres. It was contended, therefore, that as these fields in-
cluded the quarry, this was merely a question of boundary ;
and that, though the stone sloped into the property under
the manorial right, yet there was a line perpendicular from
the summit of the edge of the quarry, or the upper surface
where it joined the meadow which was freehold.
The first witness called was Frederick Baines, who was
required to produce certain deeds. The witness presented
himself in the box. He was a little, pale young man, with
a cool, indolent manner.

Witness.—l object to be sworn.
Baron ROLFE.—What is your objection?
Witness.—l have not had my expenses.
Attorney for the defence.—We have paid Mtn his expenses.
Baron lioLvE.—W hat have you received?
Witness.—Only five pounds.
Mr. DuNnAs.---Where have you come from?
Witness.—From Halifax.
Mr. DUNDAS.—How long have you been here?
Witness.—Nine days. 1 came here the day before com-

mission day.
Mr. MARTIN.—Being a special-jury case, and fixed, you
had no occasion to be here all the time.
Witness.—l went back the day after, and returned yester-

Mr. MARTIN.—Then how have you been here nine days?
Witness.—lt is nine days since I came then.
Attorney for defence.—We have not the slightest objection
to pay his expenses—never had. We will pay him whatever
the prothonotary says is correct.
Prothouotary.—He is entitled to his mileage one way, and
to fifteen shillings per day. That will be nine pounds.
Four pounds were immediately handed to the witness,
which he coolly put into his waistcoat pocket, and the book
was again offered to him. He paid no attention to the action
of the Crier, but said, " How much a-day is this pray ?
Baron ROLFE (to the Prothonotary).—Has he received
what is sufficient?
Prothonotary.—He has, my lord.
Baron ROLFE.—You must be sworn, sir.
The witness was sworn.
Mr. MARTIN.—Now, Mr. Baines, be so good as. to pro-
duce the deeds bearing date Gth and 10th March, 1678.
Witness.—l object to producing them.
JUDGE.—What is your reason, sir?
Witness.—lt is not in the covenant.
JUDGE.—What covenant ? we have nothing to do with any
covenants here.
Witness.—l submit, my lord, that lam not bound to pro-
duce the deeds. I have furnished abstracts of them.
Baron Roum.—Why do you suppose you are not bound
to produce the deeds?
Mr. DUNDAS.—He has been subpoenaed for that express
purpose, my lord.
Witness: —I have furnished abstracts, and I have not been
paid for them.
Mr. DUNDAS.—That is another question with which we
have nothing to do. I understand, my lord, that he has
charged no less than £lB for two abstracts.
Witness.—l appeal to the court for a decision.
Baron ROLFE.—I decide against you then, sir. you must
produce the deeds.
The witness then put in the deeds as they were called for.
They were very numerous, and occupied a, considerable time
in reading. They went on to show that sucha patch of land,
with the privilege of getting thp minerals, &c., was situated