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

4th December he saw him 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. lip 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 right 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 lie 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. lie 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. WILKiNs.--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 said 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 he 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
William 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
lyino. 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, and 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 said 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 fire 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 flange was 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 12th, 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 from the shed, which had been much shattered. On one
piece there were still marks of powder.
Lees Broadbent.—l 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 articulo 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 (lied 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 vertebra;.
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 done 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 Old-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 LORDSHIP 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 Hulme'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 that I had a brace
at home, but no bits. I let him 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
again. 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-room. Williams made a motion for me
and Ralph Kenworthy 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 fire 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. Hulme 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 befote 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
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be seen with a thing like that, and he had better put it away.
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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 shift some of the knobsticks. I examined the parcel
when I got home. It contained the pipe produced. I 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 Kenworthy were
there. We had a good deal of conversation about the pipe,
and I said they had better take it away next night, and put it
in some 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,
Wil-
liams, and myself went thither, and Kenworthy met us with
the pipe. He gave it into Hulme's hand, and Ralph told
him to make away with it. He said they would, but Wil-
liams said he should like to give some of them a start first.
Hulme and Williams then went off together, the former
carrying the pipe. They went towards Stalybridge, and
would have to pass Whitfield's pit. Kenworthy and I
followed to watch them. We saw Hulme at the bank join-
ing up to Whitfield's pit; we did not then see Williams.
Hulme lighted a match. He had a roll of cotton, which is
called a " cop." He ignited the cop, shook it till it became
of a red glow, and applied it to the piece, but it did not go
off. It had not, that I know of, 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.
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 go 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 }Jaime 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 ; while there,
Ilulrae 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