The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-14 00:00:00

.\‘ II

.4.%"61

ROVTII LANCASIMIE SPRING AF

'QZES,

CROWN COURT.—FRIDAY. -.a•-64
His LORDSHIP, with his accustomed punctuality, took his
seat on the bench at nine o'clock,

SENTENCES OF THE REMAINING CHARTISTS.
John Wilde, George Jackson, and William Aitkin were
placed at the bar to receive sentence. His Lordship ad-
dressed them in nearly the same language which he used to
the other prisoners. He lamented that parties of auch abili-
ties did not devote them to improving the condition of them-
selves and neighbours, in place of involving themselves in
dangerous political disturbances, in the vain hope of altering
or amending the institutions of the country, or improving the
general condition of society. In their own sphere they might
do good to themselves and others. After a kindly ad-
monition, his Lordship sentenced each of them to 9 months
imprisonment in Kirkdale gaol, and at the expiration of that
period to find sureties to be of good behavionr and to keep
the peace for three years, themselves in £2OO each, and two
sureties in £5O each, and to be further imprisoned until such
sureties should be found.
In the sentence of Wilde (on a representation of his health,
and that he had friends in that town), he had his place of
imprisonment changed to Lancaster.

MILITARY OUTRAGE AT WIGAN CONTINUED.
John Whittle.—l went to the Three Crowns on the night
in question. I found Farnworth, Mr. Frazer, Mr. Plunkett,
Mr. Cash, and two others whom I did not know. Lamb,
and Swarbrick, and Smith, and Heath, policemen, were also
there. The soldiers came in, and called out, " Where is he?
where is he ?" Mr. M`Nally, a magistrate, was there.
They knocked the table over, seized hold of Mr. Frazer, and
dragged him across the room. Mr. Farnworth having hold
of him, Farnworth was dragged by the soldiers to the ground.
I did not hear Plunkett give orders to the soldiers to ab-
stain. Some of the soldiers afterwards 'returned. I had
previously sent for a magistrate to read the riot act, and get
them to disperse. I and Mr. W.Nally requested them to
go, but they paid no attention. Mr. Plunkett spoke to them
twice. He said, "Go to your barracks." I went to the
barracks with Mr. Farnworth the first time, half an hour
after Frazer was rescued. Farnworth pulled at the bell and
was told that the commanding officer was not in, but would
be in in half an hour. I went a second time with Farn-
worth and Rylance. Farnworth was told the commanding
officer was not in. The door was open and Mr. Cash was on
the lobby. He said he would only see the head man. Mr.
Cash saw me at the Three Crowns, but I did not tell him
that I was head of the police.
Cross-examined.—On the first occasion it was half-past
seven. It was about an hour after the rescue that we saw
'Mr. Cash. I ascertained afterwards that Mr. Cash was
lame.
Cross-examined by Mr. WILKINS.—The soldiers cried on
entering—" Where is he?" I did not know but Mr. Plun-
kett belonged to the Wigan detachment. I apprehended him
at Hay dock Lodge. On the night in question he appeared
to be perfectly sober. I was present during the rescue.
While I was in the room, I did not set: Mr. Plunkett touch
Farnworth at all.
Re-examined.—When the soldiers entered, my attention
was drawn towards them.
John Maclead.—l am a clerk to Mr. Wallace, sheriff's
officer. I was outside the Three Crowns that night. I saw
a crowd of all sorts. I saw an officer going from the direc-
tion of the barracks towards the Three Crowns. It was, I
have since learned, Mr. Cash, who sits there. There were
a number of private soldiers with him. I saw them go into
the inn. I did not see the officer go in, but I saw him close
to the door. I heard some one say that the magistrates were
coming to read the Riot Act. Some one of the soldiers said,
" Hell to the magistrates ! They will not be magistrates muc h
longer for us ;—we'll have him out." They came out in about
five minutes with Frazer with him. He was in front, and
the soldiers on each side of him. They said—" Who'll take
him from us now ?"

Cross-examined by Mr. MURPHY.—I could not see all
that occurred, as there was a great crowd. I was not exa-
mined before the magistrates as to these facts. Ido not
know how it is lam brought here as a witness. One of the
police told me I should he wanted. Ido not know how he
knew that I could give any information. I might have men-
tioned to somebody that I saw part of the row. I mentioned
it next day in a public.house. A fortnight since I heard for
the first time that I should be wanted. This was subsequent
to my speaking to Rylance.
James Rylance.—l am an attorney's clerk. On the night
in question I was coming down the street about 7 o'clock.
I saw a number of persons in the street. I went up. A man
dressed as an officer's servant ran into the Three Crowns
lobby. In about a minute he returned. Mr. Cash came
out immediately after him, and went in a direction to
the barracks. In a minute or so I saw a large number of sol-
diers in their undress uniform. Mr. Cash was with them.
They ran into the Three Crowns lobby. I did not see Mr.
Cash enter with them. He was about eight yards off. They
shouted. (Here witness imitated an Irish howl.) (Great
laughter.) One had a stick as thick as my wrist. They came
out with somebody crying, "We have him ! We have him !"
I then saw Mr. Cash walking froin the barracks towards the
Market-place. He passed the Three Crowns on the opposite
side. I said to him, " Recollect, sir. I have marked you as
the ringleader of this row.". He did not reply.
Cross-examined by Mr. MURPHY.—There appeared to be
two sallies of soldiers from the barracks.
John llodgkinson.—l am a traveller to an ale and porter
house. I saw the soldiers rush into the Three Crowns. I
was in the house, and went out at the back door. I might
be a little frightened. I saw Mr. Cash in the street. He
was about ten or fifteen yards from the door of the inn. Ile
was in the middle of the street. I saw Rylance two or three
minutes afterwards. He asked me what was the row, and I
said it was a row with the soldiers.
William Irving, a traveller, saw Cash with the soldiers,
after the rescue. He did not interfere to quiet the soldiers.
John Copeland.—Saw the soldiers going to the inn. I saw
Mr. Cash soon after the soldiers came out.
Rylance recalled.—Mr. Cash had a cap, I think a glazed
one, and a coat buttoned up. He had a thick stick in his
hand, with a knob the size of my fist. I think he had slip-
pers on. I cannot tell the precise kind of coat. It was gas-
light. _

William Rider, a boy, saw the soldiers come, some run
ning and some walking. I saw John Bergen, the little
drummer, and Mr. Cash. Mr. Cash was seven or eight yards
from the inn. I knew there would be a row. I ran away to
lock up the shop, and then heard them shout, " We've got
him! we've got him !"
Cross-examined by Mr. MURPIIY.—Mr. Cash was walk-
ing. The soldiers might be going a little quicker than he.
There were some soldiers behind him as well as before.
This was the case for the prosecution.
The case against the boy was not pressed.
Mr. MURPHY then addressed the jury on behalf of the
defendant Cash. These two young men belonging to an
honourable profession, would, if their verdict were against
them, not only be submitted to the civil consequences, but
their prospects in life must he marred ; for they would also
have a still more severe infliction to undergo—the loss of
their commissions in the army. The question to be deter-
mined was, not whether Mr. Plunkett had represented him-
self as Mr. Frazer,—that was but indulging in a natural
feeling to endeavour to save his friend from arrest,—but
whether the defendants sanctioned the interference of the
soldiers, and aided or abetted the rescue. He then proceeded
to make ingenious deductions from the evidence. The cir-
cumstance of the officers retiring to a corner of the room was
natural enough, the probability being that they were merely
speaking or whispering in private as to the means of raising
the money for their friend, so that he might be released. It
was not to be assumed that they were concocting a rescue.
Even Farnworth admitted that he thought it likely they
were conversing on the raising of the money, He then dwelt
on the insults given by the drunken landlord of the inn to
Mr. Cash, who' peculiarly sensible from his rank and station,
naturally lifted his stick, which any other man would have
done under similar aggravation. After the rescue, too, Mr.
Cash was seen in the street, walking up nobody knew where,
and altogether unconnected with the soldiers. It was not won-
derful that the soldiers, hearing that a favourite officer was
insulted and kept, as they thought, wrongfully in custody,
should in their mistaken zeal and attachment towards him,
make a rescue. This was perfectly consistent with the inno-
cence of Mr.. Cash, who was not seen leading the soldiers on
or in any way aiding or abetting. He was in undress at the
time, had no command over the men, and took no Leave part
whatever in the rescue. A strict analysis of the whole evi-
dence led to the inference that Mr. Cash was no participator
in what was done by the soldiers.
Mr. INTLKINs then spoke in behalf Mr. Plunkett. The
evidence went to show that many of the witnesses had shown
a disposition to pervert and exaggerate the facts. He then
alluded to the press, which had taken great pains also to
create prejudices against his client. One of the papers in
particular had given a garbled, false, and perverted account
of this affair, and had the audacity to state that it was
derived from a gentleman of high respectability in the
legal profession. This he denied. Such an account
must have been furnished by some scrub of a lawyer's
clerk, who had nothing to do, and wrote the disgrace-
ful statement for a penny a line. Never was the press
more dangerous than when thus employed in perverting the
truth ; and he trusted they would dismiss from their minds
all impressions injurious to his client that might have arisen
from the perusal of those statements. He declared his
absolute conviction that Mr. Plunkett never kicked Mrs.
Burgoyne at all. (The learned counsel here made some re-
marks relative to the alleged kick, which called forth an in-
terruption from Mr. BRANDT, who said that his learned
friend was mistaken as to the evidence of Heath on this point.
The learned JUDGE referred to his notes, and it appeared
that witness had not said that Mr. Plunkett merely lifted his
leg to keep her off, as had been stated by the defendant's
counsel—Mr. Wilkins ' • but that, in cross-examination,
he said " it might have been to keep her off; I think it was
a kick." Farnworth was recalled, and examined as to
whether the kick was given by Mr. Plunkett while he lay on
the table, arid in reply to the Judge said, " Half an hour in-
tervened between the time when he lay on the table and
the giving of the kick. Mr. Plunkett was standing up
at the time, within less than a yard of Mr. Burgoyne,
and while be held the gas suspender in his hand.
He could not have held the suspender in his hand,
if he were lying on the table.") The learned counsel endea-
voured arduously to throw discredit upon the evidence of
several of the witnesses. He concurred with his learned
friend, that the whispering was to he construed into a con-
sultation on raising the funds, to obtain the release of their
friend. Mr. Plunkett was grossly insulted and goaded.
He concluded by pronouncing a warm eulogium on the
aristocracy of the land, to which his client belonged,
and to whom the consequences of a conviction would
indeed be dreadful. He belonged to one of the first
'familes in the kingdom; his name had never yet been tarnished,
and he (the learned counsel) trusted that the verdict of the
jury would leave it still untarnished.
The Learned JUDGE prefaced his summing up of the evi-
dence, by stating that the two counsel who had just ad-
dressed them, had taken higher grounds than their clients
were entitled to. The conduct of Mr. Plunkett as cer-
tainly reprehensible ; and if some circumstances occurred
not altogether agreeable to his feelings, he had no right to
complain in such high terms, as the cause arose out of his
own indiscretion. It was quite certain that he had done
extremely wrong.
.He had deceived the sheriff's officer, the
result of which, had the deception been continued, might
have been attended with serious consequence to that in-
dividual : it might have saddled the officer with debt
and costs. He (the learned Judge) did not, therefore, con_
eider this a case which entitled the parties to take the high
ground which had been assumed. With regard to Farnworth
irritating Mr. Plunkett or behaving uncivilly towards him,
the opposite conduct was his own interest, and he neither
knew Mr. Plunkett nor entertained any animosity towards
him. He made these remarks in justice to thewitnesses,as so
high a ground had been taken in the defence. His lordship
then said, the jury would first have to consider whether the
defendants had aided or abetted the soldiers ; and next, whe-
ther they had committed the assaults charged against them
as having been committed on Farnworth and Mr. and Mrs.
Burgoyne. His lordship then carefully summed up the evi-
dence, commenting upon it as he proceeded. With reference
to the officers not at first ordering the soldiers away, and
the defence set up, they (the jury) were as good judges
of military affairs as either of the learned counsel. They
could not for a moment entertain the opinion that one of the
defendants, being in undress, and the other belonging to a
detachment quartered at Haydock House, a few miles dis-
tant,—they had therefore, no power to order the sol-
diers to go. Had they been so ordered, they would in
all probability have dispersed : but nothing of this kind
had been done until after the rescue. Plunkett had the
power to order them home, and might have done so at
first if he had chosen. In conclusion, he stated that
the consideration of their verdict was most important as af-
fecting these officers. if they were not satisfied that the
charges on either of them were made out, let them acquit the
defendants. On the other hand, if they were so satisfied,
and it appeared that the defendants, with a view to save their

is\ ‘\4\N
thct\ :K

-?'..~

Si•

itrr had so far forgotten themse • ato act in tlx
n 4ruted to likeni,—it vNuld ty, hotpiror
ful be, td4ftl wes4ll,oo£%uilt
sentencedeferred.`4.l

..... 1
BURGLARN.,
Pierce Rigby, aged about 22, was charged with having, on
the 25th of August, 1836, broken into the shop of Elizabeth
Barnes, in the township of Windle.
Mr. Wilkins appeared for the prosecution, and Mr. 'Mur-
phy for the defence.
The prisoner, it appeared, had been seen by David Low,
assisting a man named Harrison to take down the shutters
of Mrs. Barnes's shop. They broke the window, and took
out three or four pies and some bread. Harrison was tried,
convicted, and transported for the offence some time ago.
The prisoner, Rigby, was apprehended on Monday last ; and
as a bill was formerly found against him, it was determined
he should be tried at the present assizes.
The JUDGE remarked on the circumstance of Low having
witnessed the robbery without having done anything to pre-
vent it. There were two other indictments against the pri-
soner for manslaughter, in having by his negligent manage-
ment of the engine of a coal-pit, caused two persons to fall
down the shaft, whereby they were killed. His lordship
observed that, according to the depositions, it did not appear
that the alleged manslaughters were more than accidental.
It was, however, strange that he should have been for some
time after the burglary was committed working at a coal-pit
within two miles of the spot, and not have been taken.
The jury found the prisoner Guilty; and as, by the law as
it existed in 1836, the offence was capital, judgment of death
was recorded against the prisoner. Mr. Murphy stated that
he had witnesses to his character, who had been in court all
day, but were not now present. His lordship said he should
not transport the prisoner; he should hear what might be
said as to his character, and decide upon the punishment.