The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-10-11 00:00:00

THE SPECIAL COMMISSION

The three Judges, Lord Abinger, Chief Baron of the Ex-
chequer, Baron Alderson, and Mr. Justice Cresswell,
specially commissioned to try the prisoners now in Kirkdale
Gaol, for participation in the recent outbreaks, commenced
their proceedings yesterday. Workmen had been, during the
Past week, employed in the Sessions-house, making such
alterations as were requisite. The benches in the Nisi Prius
and Crown Courts were so altered as to allow their lordships
all to sit together, if that should at anv time be requisite.
A dock had also been made in the Nisi Prius Court, in order
that the judges may take the cases separately. The magis-
trates'-room was also fitted up for the reception of one of
them.

Their lordships arrived in town on Saturday night. On
Sunday morning they attended divine service at St. George's
Church, when a sermon was preached by the Rev. J. B.
Monk. After the service, the three judges remained and
received the sacrament.
The calendar contains the names of 117 prisoners and six
individuals who have been bailed. In addition, there are
Peargus O'Connor, the Rev. James Scholefield, the Rev.
William Hill, editor of the Northern Star, James Tuck,
and a few others who had not arrived or whose names have
not been transmitted to the governor of the Kirkdale prison.
The prisoners named in the calendar and their crimes may
be thus classified :—Riot, 37; riot and putting out fires, 4 ;
riot and turning out workmen. 8 ; riot and conspiracy, 17 ;
riot and assault, 3 ; riot and beginning to demolish mills, &c.,
28 ; riot and stealing, 18 ; seditious libel, 2 ; riot and plug-
drswing, 3,
Their LORDSHIPS took their seats in the Nisi Prins
Court at a quarter before eleven o'clock. Lord Abinger,
of course, took the principal chair, Mr. Baron Alderson
being on his right and Mr. Justice Cresswell on his left.
The proceedings commenced with the reading of the royal
commission ; the other usual forms were gone through, and
the following gentlemen were sworn the grand jury :
Taos. GREEN, Esq., M.P., Whittington Hall, Foreman.
Sir Thomas Whitehead, Knight, Uplands.
M ontague Clinshe, Esq., Grisedale.
Richard Edward Alison, Esq., Charnock.
William Assheton, Esq., Downhain Hall.
William Gilleson Bell, Esq., Melling Hall.
William Blundell, Esq., Crosby Hall.
Cornelius Bourne, Esq., Stalmine Hall.
Clarence Braddyle, Esq., Conishead Priory.
Chisenhale Chisenhale, Esq., Arley Hall.
William Clayton, Esq., Lostock Hall.
William Assheto❑ Cross, Esq., Red Scarr.
Pudsey Dawson, Esq., Hornby Castle.
Richard Earle, Esq., Eden Hurst.
James Nowell Farington, Esq., Worden Hall.
William Gale, Esq., Lightburn House.
George Marton, Esq., M.P., Capernway Hall.
John Penny Machell, Esq., Hollow Oak.
John Master, Esq., Croston.
William Moore, Esq., Greens-hill.
Robert Townley Parker, Esq., Cuerden Hall.
John Plurnbe Tempest, Esq., Tong Hall.
Robert Henry Welsh, Esq., Leek.

The royal proclamation against vice, profaneness and im-
morality having been read, the Right Honourable the CHIEF
BARON of the EXCHEQUER proceeded to deliver his charge
to the grand jury. The noble and learned lord spoke nearly
as follows :

Gentlemen of the Grand Jury,—lt is with unaffected pain
that I address you upon the present occasion. You are aware
of the disastrous state to which this great country has been
reduced for several weeks of the present summer ; that law-
less and riotous multitudes of persons have assembled in the
various manufacturing towns of the county, have proceeded
to create disturbances, to excite alarm and terror in her Ma-
jesty'speaceable subjects, and have, with violence, prevented
workmen from following their daily avocations. Such a
scene of lawless violence it was impossible long to endure •, in-
deed, it would itself perish by its own infirmity, but along
with it might perish the prosperity and industry of the
working class of this country.
It becomes the duty of the government with all expedition
to put down such unlawful and tumultuous assemblages, to
Preserve the peace and property of the subjects of the realm,
and to punish, by course of law, the persons engaged in
those unlawful offences.
Gentlemen,—You are well aware that, occasionally, re-
verses in the tide of prosperity in a manufacturing and com-
mercial nation must occur ; and that when they do occur
they must produce, to a greater or less extent, much disas-
ter, much privation, amongst the labouring classes. I pre-
sume that the state of the country for some months, if not
!awe years back, may be traced to some of those checks in
the tide of commercial prosperity and manufactures have re-
ceived. Much has been said of the privations to which the
working classes had been reduced, and I doubt not they were
considerable, because it cannot be denied that many of the
usual channels of our trade had been interrupted ; and there
was a general feeling of despondency among commercial men
as to the advantage of engaging in commercial enterprises.
the result of which was attended with great uncertainty.
But, at the same time, I am bound to say, from the experi-
nce I have had in the history of this insurrection, in a neigh-
bouring county, that I believe that distress was greatly
exaggerated.
It does not appear from any evidence I have hitherto seen
or beard, that the people who engaged in these excesses, either
complained of the high price of provisions or of the want
of labour. What gave rise to the immediate occurrence
Which was the commencement of these transactions has not,
at Present, been ascertained. Whether it was owing to the
Imprudence, or to the indiscretion of any of the master ma-
nufacturers; whether it originated in the schemes of any
Persons who :considered that a general turn-out might be
advantageous to their peculiar political objects ; or, whether
when it commenced, it was not checked as early as it might
nave been by greater activity in the magistrates ; all these
are matters at present left in obscnrity, and which time alone
must develope. But certain it is, from the information to
which I have referred, that the disaffection of the common
People, of the labouring classes, does not seem to have ori-
ginated in any voluntary feeling, if I may so express my-
self, of their own respecting their privations, or respecting
the high price of provisions. They all seem to be sensible,
they all have intelligence enough to know, that the p:ice of
Wagesare must depend on the price of provisions ; and therefore I
think they prepared to see that those who promise them
increase
of wages, by a diminution of the price of corn,
are not persons who are to be trusted.
But, gentlemen, it appears to be certain that when once
these riots began, when once the people had formed them-
selves into classes, for the purpose of turning out, by force,
the industrious men whq were pursuing their avocations in
other places, there did arise a disposition among many of
them, and those too possessing considerable power and some
talent, to make use of that insurrection, and foment it, and
perpetuate it, and direct it to political objects. It seems that
society of persons, who are recognized by the title of Char-
tists, mixed themselves with the unhappy masses of the
common people, who had been deluded into this sort of in-
surrection. Having more intelligence than them, but deeper
designs, instead of employing that intelligence to point out
to the unhappy victims of it the delusion under which they
were acting, that all the attempts of workmen against their
masters, that all attempts to dictate the price of wages by
force, has prevented, must prevent, and will ever prevent the
designs of the workmen, and that, instead of bettering, proba-
bly making worse—instead of pointing that out to them,
they endeavoured to persuade them that the true remedy for
all their grievances was the adoption of what they call
their charter, which, it appears, is a partial aiming at a larger
reform of parliament than that they have already received.
and in spite of the promises, and, I have no doubt, the sin-
cere promises, of those patriots who introduced and carried
the late reform in parliament, that it was to be a final, effica-
cious, and satisfactory measure of reform, they invited the
People—for they also were invited to become of their
opinion, gathered from what foundation I know not, that
representation by universal suffrage, the vote by ballot, and
Payment of members of parliament, form the panacea,
.P trne remedy of all these evils. That they endeavoured to
ucklicate upon the assembled multitudes to whom they ad-
``ressed these doetrines, and they persuaded them that to
Perpetuate that revolution would be the true means, and to
Make it universal was the best means? of obtaining that
charter.
Gentlemen, they mixed up with their orations, as you will
find in the course of the evidence to be laid before you, many ,
recommendations to peace and order; but you will find those
4conamendations accompanied with statements as to-the
general peace of the country. The people of this and
the neighbouring county were told that all England was in
arms -
; that Scotland was pouring out her hundreds
Of thousands; that Ireland was coming to the battle; that
the men of Birmingham, to the number of a hundred
thousand, were armed with steel, and insensible to the force
of any military execution, were ready to join them and carry
the day. These are circumstances which plainly intimate
that they were endeavouring to delude the people with the
notion that their force was becoming universal, and that
athlaerymminigght
the effect their object in one month, either by
legislature, or imposing restraint upon the
sovereign.
Gentlemen—l must say, that if this sort of conspiracy,
with such objects, had been made the subject of prosecution
ter high treason, I am at a loss to know what distinction
there Is between a conspiracy to subvert the government and
iMpose force and restraint on all branches of the legislature,
order to have a particular measure passed into law, and
the crime of high treason. The crime of high treason, by
the law of this country, is technically limited to an attempt
aimed at the life of the Sovereign or to raising war upon
the Sovereign ; but the judges have, the earliest period,
considered that conspiracy to employ force to restrain the
will of the Sovereign, is an overt act of high treason that,
if satisfactorily proved, is sufficient to satisfy a jury, when
"comPanied with the intention of really imposing restraint
UPon the free will of the Sovereign, in finding that if was the
crime of high treason. I do not understand that the go-
vernment intend to push the indictments that will be brought
before you on this occasion to that extent. These people,
I think, owe it to the leniency of government that they are
,not put to a hazard by which their lives might be forfeited.
But, however, you will have laid before you indictments
',or conspiracy to incite the people to insurrection, to en-
neavour to prevail on those who were not at work to conti-
nue in the state of suspension from labour, to compel,
by force, those who were at work to quit their avo-
cations, and to persevere in that lawless state of disorder
and violence, and, I may say, privation also, till their
favourite plan of the Charter was carried.
Gentlemen,—lf bills of that sort should be brought before
You, and you should feel satisfied by the evidence you hear,
that though great masses of people might not have been di
s-
Posed actually to take part in a conspiracy with that object,
that there were other persons among them who were active
instruments to persuade them, you will be justified in finding
I„Charge of conspiracy against them, in order ut tem n
their trial. But, independently of that chargto e, you will finod
Other cases of conspiracy to prevent the working classes from
Performing their labour, in other words, to turn the work-
men out from the different mills, and, as far as they could,
infiuence, or by persuasion, the workmen of other de-
7PPtions; of every sort of manufactures and labour, inclu-
'flag navigators, workmen in canals, hatters, and other de-
leriptions engaged in manual labour, to quit their work, in
Order to join'in this grand scheme for obtaining the Charter.
Gentlemen, the mere conspiraby for the purpose of tifrning
Sout workmen, the getting together and going to accom-
reah that object, is itself criminal; and if cases of that
scription be brought before you, I am bound to tell you
that, by the law of the land, such persons are guilty of a
P9Me by apd you will be justified in putting them
OPort, their trial-
t'bere .is another class of offences, which, though not of
ralmegnitudp,is very dangerous.and which must be punished
ere it is satisfactorily proved, that is, cases of simple
fo'°_ting, A riot, simply, is an assembly collected together
is,` ,
f some illegal object, in which case it is an unlawful assera.
"'Y
; or it is by its acts and conduct that it shows some
UProper design. It excites alarm and terror among her
• 879elity'S subjects. Such an assembly is a riot, and all per-
preclisenw_b_o participate in or, prima fade, encourage by their
allsaa;aitici or countenance, whatever objects the multitude may
were view, they, unless they are able to show that they
there innocetly or honestly, must themselves be taken
la
at Rators inn the misdemeanour. A great deal has been
au different times respecting what shall be deemed
nalawr
which o assembly, and I am sorry to say that events.
rise
to have taken place in this county have given
it, a great deal of discussion on that subject, both
• our courts of law and in parliament ;
" verybut one thing
tucks clear, that an assembly consisting of suchi. multi
and Its to make all cannadiscusio and debate la multi-
and
", farce, never could be ssembly for deliberate
schencah,m discussion. Will any man in his senses contend,
thous has the means of assembling together three or four
Vativea.nd persons, that he
discussesdoe so in order to form a delibe-
Of eo-s.eemblY, or' to peculative points of law, or
constitutional government ? Upon the face of it it carries

with it its own reputation. If an assembly therefore consist
of such multitudes as to render all notion of serious debate
impossible, or if you find them, by violence, putting down
all attempt at debate, if you find that they have only one
object in view, which is to bear one side only ; if that is to
be their assembly met for the purpose of deliberation, they

cannot protect themselves under that exemption. Again,
an assembly of such magnitude, if you should find it with-
out any restraint or authority to put an end to it, having
no power either in themselves or in their law of dispersing
them, such an assembly, when consisting of vast multitudes,
must excite alarm, and terror, and disturbance of the peace.
Such an assembly is a riot itself, and an unlawful assembly.
It is a riot if you find its conduct is such as to disturb the
peace. If you find individuals among them by their con-
duct, exhibiting tokens of violence and intentions of mischief,
that they are not restraining the multitudes surrounding
them, but assisting and provoking, by their countenance,
that multitude—that partakes of the nature of a riot, and
certainly is an unlawful assembly ; but if you find they go
farther, proceeding to the commission of acts of violence
upon property, and restraining the persons of their fellow-
subjects, to prevent the free employment of their labour, it
then becomes a riot in the worst sense of the word. Those,
therefore, who are found engaged in such transactions are
engaged in a riot, and it will be your duty to find the bill
against them.
Gentlemen, I understand you will have laid before yon
also some cases of violent and inflammatory speeches. Of
course you will exercise your own judgment whether the
speeches made the subject of the charge of sedition alleged
were of a nature to produce that effect. You will form your
own judgment when you hear them, and if you are of
opinion that they were made to excite disaffection, se-
dition, and insurrection, you will no doubt think it your
duty to find the parties guilty of such a charge,—at least I
maw not say find them guilty, but that you will find the bill.
There is one other case likely to come before you, and that
is a case of printing a seditious libel. Whether or not it will
come before you I am not certain ; but I am informed that it'
will. In that case, I have had an opportunity of seeing
what the libel is. It purports to be an exhortation from the
council of chartists to all the labouring classes to whom
it is addressed to continue in their present suspension of
labour until the charter is carried. It professes the words of
peace And order, but it reminds the people that they are go-
verned by laws to which they are not parties, that they have
not made the laws, and endeavours to persuade those who
read it that they can obtain no real security for their rights
or enjoyments except by means of an organic alteration in
the constitution of the country. Gentlemen, you will form
your own judgment of that paper. As I have had an op-
portunity of seeing it, I must say that the impression made
upon my mind by it was, that it was full of danger, and par-
ticularly so at a season when the publication of it must be
attended with consequence& very different from the publica-
tion of such a document in ordinary times ; because, when
documents of that kind are addressed to multitudes assembled
in violation of the law, and who seem to have an opinion
that their own force is calculated to carry what they choose,
you may easily judge that such an exhortation, to such a
meeting, is far more dangerous, and therefore far more cri-
minal, at one time than at the other.
It seems from the arguments used, and the arguments used
in many of the speeches of those who addressed the multitude,
that their object was to get " a fair day's wages fora fair day's
labour ;" and that nothing would ensure that object except
giving to the labouring population an equal, if not a prepon-
derating voice in the legislation of the country. For this
purpose they propose the changes before referred to—
namely, the principles of the charter; that is to say, that the
labouring classes, who have no property, are to make laws
for those who have property ; that the labouring classes, who
show by their conduct that they will exercise a tyranny over
their fellow-subjects to prevent labour, are to make laws for
the protection of labour ! These persons have never taken
into their consideration that one of the objects of law and
civilized society is the protection of property from the vio-
lence of one or more individuals, and the protection of man's
person from the violence of those who attack him. They
show by the example of their own loose conduct and the vio-
lation of law how little calculated they are to compose such
a legislature as that which they aim at forming a part of.
Gentlemen, the result of the success of their endeavours
would not be a reform in parliament, but a subversion of the
monarchy ; because every person who has reflected on such
subjects must know, that whenever the people so assemble to
elect such a body, it is elected by those persons—the vast
majority of whom have no property, but depend upon manual
labour —that such an assembly is inconsistent with mo-
narcy under any circumstances. The first thing it would do
would be to aim at the destruction of property and to put-
ting up an authority of its own, and the consequence must
he, it would exercise a tyranny so intolerant that the very
people who formed it would be the first to rise against it.
Then comes in military despotism, which is their next pana-
cea, and the liberties of the people are at an end.
You will excuse me for uttering this language to gentlemen
of your description; but I cannot help expressing my deep
concern that some of those persons who propagate these doc-
trines among the poor, are persons of sufficient talent to
know very well the consequences to which they lead ; yet
they persevere in them to delude the people, for some private
(it must be) object of their own, in the hope that, in the
storm, they may acquire some position by which they finally
expect to rule it, or from a sort of malice against the successful
enterprise or industry of those who have left them at a dis-
tance in the competition of honourable industry and labour.
Who can say, in this county of Lancaster, that labour wants
protection from the law? Who can say that the working
man, even of the lowest description if he possesses diligence,
talent, application, and frugality, will not arrive at the highest
honours of the state ? How many examples are there of per•
sons who, in classes of life not superior to many of those
who, I am afraid, will be the object of these prosecutions, by
their industry, talent, and frugality, have acquired fortunes,
and been themselves the employers of labour ! How many
have thus acquired honour and distinction !
Gentlemen,—The fair fabric of the British constitution
these unhappy men were desirous of destroying. That con-
stitution is the only one in the world that has ever shown,
by repeated examples, that labour is protected, and that the
rights of the poor man, if they are but exercised with diligence,
sense, and frugality, are sure to lead him to independence
and fortune. What country in the world is there that has
produced such examples ? Yet the practices of these indi-
viduals would put to hazard all that we enjoy under such a con-
stitution, and under colour of what? Why, under the colour
of giving the poor man greater influence than he now has in
the formation of the laws I Gentlemen, by the law of Eng-
land labour is protected. No doubt labour is the commodity
of the poor man, and ought to be protected ; and, I believe,
the law of England is so framed, that if any oppression takes
place from the master upon the labourer the law furnishes a
remedy. The law does not restrain any man from quitting
his master at the termination of his civil contract with him ;
if he is dissatisfied with his wages, or the mode of conducting
his employment, the law does not give to the master any au-
thority to retain him ; the law leaves him at perfect liberty
to make such engagements as he thinks fit, and when they
are terminated, to quit him. There is no restraint, there-
fore, by the law upon labour; but if the object they have in
view is to put restraint upon masters and say they will lay
down laws themselves for the conduct of capital, to what a
state would this reduce those who possess capital, if they
cannot direct and employ it according to their own judgment
from the information they receive from foreign countries, or
in their own country, on the state of the markets and various
othercauses that influence capital, if the speculation is to be
formed upon some such limited view as labour takes of its
own interest !
The very attempt to do that would at once destroy capital,
and the result would be, that when capital was destroyed
property would be destroyed, and all mankind be re-
duced to an equality; and, if all became labourers, what
would be the unhappy labourer's gain by it? Why, the
market of labour is like other markets, the more there is the
cheaper it is ; and if all became labourers, what would be the
price of labour ? I rather think it would be very trifling ;
therefore, the delusions under which they have been acting,
if once explained, are so obvious that one is surprised how
men of common sense could be so deluded. One is led to
conclude that those who are guilty of propagating among the
working classes those doctrines are themselves conscious of
the mischief whiph they propagate, and if they should be
detected that they deserve condign puniihment.
Gentlemen,—l will not trouble you any longer with my
address ; you will have all the cases laid before you, and you
will need no further information from us as to the manner of
dealing with them, You will be so good as to proceed as
quickly as you can, in order that we may get through the
arduous business we are engaged to perform.
The Grand Jury then retired to their labours, and in a
short time they returned into court with several bills.

(Before Lord ABIN GER.)

ASSAULT AND ROBBERY

Rowland Davies, William Cash, Jeremiah M'Cormick,
William Reed, and John Platt, were indicted for having, at
Manchester, on the 10th August last, with force and arms,
violently assaulted one Thomas Shipman, and stolen fifty
loaves of bread, of the value of Is. each.
The prosecution was conducted by the Attorney-General,
Sir Frederick Pollock, assisted by Sir Gregory Lewin. All
the prisoners were undefended.
From the evidence of the several witnesses, it appeared
that, on the day in 9uestion, the prisoners, along with a
number of other persons, went to the prosecutor's shop,
which is in Deansgate, Manchester. The prosecutor is a
baker and dealer in bread. On seeing the mob approach,
the family shut the door, but it was burst open with blud-
geons; and with force, threats, and violence, the party ob-
tained and marched off, with a great number of loaves. The
charge of assault was abandoned by the Attorney-General,
and confined to that.of simple larceny. All the prisoners
were identified as having been present at the robbery. In
defence they each protested their innocence.
The JunGp, in summing up, told the jury that, if persons
were in a mob which, by force, or terror, or fraud, obtained
the property of any persons, although the property was ob-
tained by only one, all of thorn were, in point of law, guilty,
whether they had entered the shop or not. _

The jury found the prisoners guilty, but the foreman stated
that the jury recommended them to mercy.
The JUDGE.—Pray, gentlemen, will you allow me to ask
upon what ground you recommend them to mercy ?
A JURYMAN.—Upon no ground, my lord ; the foreman
has taken it upon himself to say that. 1 do not, for one,
coincide in any such recommendation.
The JUDGE.—Before I can take notice of the recommen-
dation, I must know the grounds of it. If there is any par-
ticular ground on which to build a recommendation for mercy,
I shall be glad to take notice of it, but I must know what
it is.
The FOREMAN.—It appeared that the young men, by their
own discourse, considered they were at another place at the
time, that they were not connected with the mob at the
time.
The JUDGE said if the jury were of that opinion, it was a
ground for acquitting the prisoners ; if they had a reasonable
doubt on that subject they should have acquitted them.
The conversation on this subject then terminated, and the
verdict of guilty was recorded.
The ATTORNEY-GENERAL then stated that there was
another indictment against the prisoners, along with William
Bates, against whom the grand jury had ignored the bill for
a misdemeanour, in forcing certain people to leave their
*ark. On that indictment he did not mean to prosecute.
A verdict of !` 'll.64uiftal7 was' then taken on this indict-
ment, and the prisntiers were cirdered to be brought
to-
morrow, (this day,) foF sentence. up

ATTA9C. ON A MILL.
James Kelp(, (28), Andrew Cosgrove, (22), and James
Dolan, (40), were indicted fora riot at Manchester, and with
having begun to demolish the mill and premises of Messrs.
Stirling and Beekton.
The Attorney-General and Sir Gregory i-,ewin conducted
the prosecution ; Mr. Wilkins defended the Prisoner Cos-
grove; the others were undefended,
The ATTORNEY-GENERAf, stated the case. The de-
fendants were indicted for a riotous attack upon the mill of
Messrs. Stirling and Beckton, in Lower Mosley-street, Man-
chester. The attack took place on Tuesday, the 9th of Aug.,
the very moment when these tumultuous, lawless, and
riotous proceedings commenced in that town. The fact that
Messrs. Stirling and Beckton's mill was attacked by a large
mob, and that the mob were compelled upon that occasion
to desist from the attack, would be proved beyond all doubt ;
and the only question would be, probably, the share the re-
spective defendants had in that attack. As against Kelly
and Dolan there would be abundant evidence of their per-
sonal, direct, and violent interference so as to leave no doubt
they shared the guilt of that day. With regard to Cosgrove,
he (the Attorney-General) at once proposed to relieve bis
learned friend from any difficulty; by stating that he should
offer no evidence against'hiin. In the whole of the pro-
aidings that had arisen out of the unfortunate events
which bad produced so much suffering ar,d calamity, there
bad been every disposition ou the part of those who
instructed him (the Attorney. General) to take the most mer-

ciful and favourable view of every case brought before the
jury, and never to strain the law so as to charge any offence
beyond its legitimate proportion, or to present any case that
did not appear clearly to bring home guilt to the accused
phrty. The imputation upon Cosgrove turned only upon the
expressions he had used when standing in front of the pre-
mises, which he had afterwards explained, so as not to bear
the meaning which the policeman who heard them imputed;
and as he was in a respectable situation of life, and enjoyed
a character which ought undoubtedly to stand him in good
stead, he (the Attorney-General) had taken upon himself to
offer no evidence as against him. But with regard to the
other two, it would be for the jury to say whether they could
entertain any reasonable doubt of their being, in fact, the
ringleaders in the riot then committing.

Mr. Henry Moss, a salesman in the-warehouse of Messrs.
Stirling and Beckton, proved the attack on the mill on the
day in question. Josiah Lythgoe, an inhabitant of
the neighbourhood, Samuel Allen. .Jackson, and Joseph
Taylor, proved that both Kelly and Dulan were there, and
used a piece of timber, seven feet long, as a sort of battering
ram, against the door of the premises. Dolan shouted to
the mob, " Come on, lads," and then the windows were
smashed. The persons inside turned a water-engine upon
the mob, on which Kelly caused stones again to be thrown
through the windows. The attack continued till a party of
the police arrived, under the charge of Superintendent
Stephenson, when the prisoners were taken into custody.
Keely, when asked what he had to say, said he was not en-
gaged in the affair at all, and that he had merely gone to the
place to see Colonel Wemyss concerning an old man whom
the police had wrongfully taken up. Doran merely asserted
his innocence.

The jury found Kelly and Doran guilty : Cosgrove was of
course acquitted.
The JUDGE, in passing sentence, spoke as follows:—James
Kelly and James Doran, you have been convicted by a jury
of your country of a very great and serious offenee. It ap-
pears you joined a mob, and took an active part, for the pur-
pose of turning by force the hands out of Stirling and Beck-
ton's mill, that were then engaged at work. They resisted
you ; they were not willing to join you ; and you did not
succeed at that time in your object : but you did your best in
a riotous, tumultuous, and disorderly manner, to force the
gates of the premises, and declared that your object was to
make the men turn out, and stop the mill. What right bad
you, or any of you, to do such a thing? Who gave you au-
thority to say to your fellow workmen whether they
should work or not ? Who has deceived you upon that
subject, and told you that you any pretence for it?
Surely you could not think you were acting according to
law ? You knew you were violating the law ' • that you
were doing so with an immense multitude ; and for what
purpose ? For the purpose of depriving the industrious men
engaged in their work of the opportunity which they had a
right to have, of earning their wages. If you chose to quit
your employment; if you chose to live idle, or to live by
begging, or by robbery, what right had you to impose this
same obligation upon other men ? Nobody would molest you
if you chose to quit your work, or ramble about the country,
provided you committed no breach of the law. lam asto-
nished to think that any man living in England, who is
capable of any sort of judgment, could have the idea in his
mind that he had the right to interfere with the labour of
another. You ought to have recollected that the poor man
who lives by industry and labour has no other property but
that ; and that if you by force compel him to quit his em-
ployment, you rob him of that by which he lives. You either
drive him to commit that sort of plunder which might lead
him to the ga?lows, or, as has been proved to. day in another
case, either to take bread by force out of the shops, or rob
upon the highway or starve. Is this a free country if such things
as these should be tolerated ? Surely you have heard, or you
ought to have heard, that it is the peculiar blessing of the con-
stitution of England, that there is no other country in the world
in which every private individual has so thorough a dependence
upon the law and authority of the country for the protectiofi
of his personal liberty and his property. But if what you
have been doing is to be permitted, of what avail is the law?
What is the use of making laws to prevent the interruption
of industry to protect the poor man in the enjoyment of his
labour, to prevent tyrany from being exercised over him, if
such rabble as yourselves should presume to assume that au-
thority and turn out your fellow-subjects from their indus-
trious employments ? The law is a law of great leniency and
great forbearance; therefore, it does not inflict punishment
upon the man who is foolish enough to quit his industrious
habits and wander about the streets. Surely it is enough to
forbear from punishing such idleness; but it never can for-
bear from punishing those idle vagabonds who go about com-
pelling other persons to quit their labour, because they them-
selves choose to do so. The offence you have committed is
one of the greatest magnitude that could have occurred in
this country ; but especially in the town of Manchester where
there is such a vast population living by industry, and with
no means of getting their bread but by labour. For you to
join the mob to dismiss them, and prevent them from getting
a livelihood, to say, " go along with us, and rob the shops and
plunder,"—my imagination cannot conceive any crime of
more atrocious magnitude. The law must be vindicated; the
right of every man to his personal labour must be sustained,
notwithstanding your ferocious and violent attempts ; and
they can only be sustained by administering severe punish-
ment to those who attempt to violate them. The sentence of
the court is that each of you be imprisoned and kept to hard
labour, in the House of Correction at Kirkdale, for the space
of one year. Cosgrove must be discharged.
- -

SECOND ATTACK ON THE SAME MILL

John Hickey, 24, Hugh Cavanagh, 18, James Saxton, 15,
Matthew Dalton, 19, Edward Sullivan, 30, and James
Tweedale, 24, were indicted for a riot in Manchester, on the
morning of the 10th of August, and with having then and
there begun to demolish the mill and premises of Messrs.
Stirling and Beckton.
The Attorney-General and Sir Gregory Lewin conducted
the prosecution. None of the prisoners .were defended by
counsel.

The ATTORNEY-GENERAL stated the case. The prisoners
at the bar were indicted for returning to the premises of
Messrs. Stirling and Beckton, upon the morning of the 10th
of August, after the occurrence had taken place which was
the subject of enquiry in the last trial. They appeared to
have been actuated by motives of revenge, and expressed
themselves strongly as to what they would do if they came
into possession of the premises, both with regard to the
persons of the owners and their property. They were taken
upon the spot, and would be clearly identified. so as to leave
no doubt about their participation in the offence. Tn the
absence of any learned counsel he did not mean to make any
extended observations ; but it would be right to give evi-
dence of the real character of the town of Manchester upon
the night of the 9th, and on the morning of the 10th of
August last. On the morning of the oth, a large mob
marched into the town, took possession of it, marching
into different parts of it, stopping all labour, turned
out all the hands everywhere, and produced a scene
of confusion and lawlessness such as one would hardly be-
lieve could have existed in a town like Manchester so full of
inhabitants, who directed their attention to peaceful com-
merce and industry. What share the defendants had in any
of the original designs, or the ulterior objects of those who
were parties to this movement, he (the Attorney-General)
knew not ; and he sought not to connect them with the
transaction, further than as the evidence proved that the
premises of Messrs. Stirling arid Beckton had been attached
over night, and some persons taken into custody upon the
premises, they seemed to have been actuated by revenge as
well as well as particular views of a general object.
Evidence was then produced which bore out the statement
of the Attorney-General. All the prisoners, except Sulli-
van, were found guilty. The jury recommended the boy
Saxton to mercy, in which the Attorney-General cordially
joined. Sentence will be passed to-morrow, (this day.)
The Court adjourned at twenty minutes to seven o'clock.

CROWN COURT. Y- _ EST ERDAY,

(Before Mr. Baron ALDERSON."
Immediately after the charge being delivered to the grand
jury (and precisely at twelve o'clock), Baron Alderson took
his seat on the bench. After looking round the court, and
before the counsel entered, his lordship remarked that he re-
membered, when he was last in that court, some years ago,
that the position of the witness-box was very inconvenient,
and directed one of the officers to make arrangements for the
witnesses to be placed—as then—on the left side of the bench,
close to the jury-box, where they would be much better
heard, His lordship suggested that a stool should be placed,
on which they might stand, at a sufficient elevation over the
heads of the jury. This arrangement was accordingly made.
At half-past twelve, the jury having found a true bill against
three of the prisoners, whose trials it had been arranged
should take place in this court, the business commenced.
MISDEMEANOURS.
William Lee, aged 21, James Sheridan, 18, and Jane
Carney, a girl of only 11, were charged with a conspiracy, at
Manchester, to prevent certain of her Majesty's subjects
from following their lawful avocations, and compelling them
to depart therefrom ; also with a riot, and with having felo-
niously begun to demolish a station-house of the police esta-
blishment of Manchester.
The pleadings being opened, the ATTORNEY-GENERAL for
the coUnty palatine (M r. Sergeant Acherley) briefly stated
the case to the jury. He had the honour to appear before
them on the part of the crown. The charge against the
prisoners was for a misdemeanour only, the punishment for
which was less than for felonly. The jury would be aware
that great riots and tumults bad taken place. He should not
enter into the causes of those disturbances, but should con-
fine himself to the facts, and endeavour so to call the wit-
nesses as to show them and his lordship the amount of
participation in the offence chargeable against the prisoners
respectively. He then stated the circumstances as they
aftewards appeared in evidence ; and concluded by stating, that,
on the part of the prosecution, there was no desire to treat
these cases otherwise than with every lenity consistent with
the peace and safety of society ; on the other hand, it was
the duty of the jury, without swerving to the right or to the
left, to discharge their duty with firmness, yet with that
degree of mercy which would vindicate justice and maintain
truth. (Mr. Hilliard was with the Attorney-General.) The
following witnesses were then called :
John Allinson, v serjeant of the Machester police, said, I
I was in Blakeley-street on the 10th August, and saw a large
mob of about 2000 persons, many of them armed with clubs
and bludgeons. The two male prisoners, Sheridan and Lee,
were amongst them. Sheridan was foremost in the mob,
with a club. Lee was third, and had an iron bar in his hand,
like a broken shovel. They went to Clanson and Vaughan's
dye-house, and turned out the hands. At Mr. Rothwell's
silk establishment they also turned out the hands. They had
called at a chemist's and a starch work before that, and at
the station-house. The mob afterwards returned to the sta-
tion-house. They flung stones at the door and windows.
Sheridan and Lee both flung stones. One of them (Sheri-
dan) broke a window. I was the only person at the station-
house at the time. They broke open the door, and were very
rough. Some of them said they would murder me. I went
down into the cell with a sword, to save myself. Some
threatened to take my life ; others said never mind him.
They carried off the whole of the bedding, alsP my watch,
which was hanging up, and two birds' cages belonging to me.
Ido not know the parties who broke the place open. I af-
terwards saw the girl Carney, after the damage was done.
She was carrying things out of the station. I was afterwards
rescued by the police and the soldiers.
Thomas Bridges, an exciseman, said—l was in Manchester
on the 10th August. The town was in a riotous state. I
was in Roger-street, near the gas-Works. There were from
400 tc 500 people at a time together; sometimes more.
They ebbed and flowed in numbers. They were battering
the front of the building ; and, being apprehensive of that
part of the town being put in darkness for want of gas, I
went to the police-station. I afterwards saw the mob bring
desks, furniture, and policemen's clothing ont of the
station-house. They broke the articles, and threw the
clothes into thn river. Lee had a weapon, with which he
battered the door. I saw a large bird-cage in another per-
son's hand, and he was going to throw it over the bridge.
Lee took it from him, and broke it by trampling upon it.
I saw Carney up stairs in the station-house, and 1 saw her
throw several articles out inro the river, which is below one
end of the building. She remained some time on the pre-
mises, and was taken into custody when afterwards running
across the street.
Ellen Kelly, a girl, said—l was near the station-house that
day, and I saw the girl Carney up stairs at the station-house.
She threw some brushes and other articles out of the win-

dow.
His LORDSHIP said there was no evidence clf the conspi-
racy to go to the jury.
The male prisoners being severally asked what they bad to
say, Oterecl iuto some statements, which, had they been
proved, would have shown an alibi; but the witnesses called
by them did not appear. The girl, who appeared to be much
distressed and cried during the whole proceedings, said she
did not throw a ha'porth of things out of the window.
His LORDSHIP summed up; confining the case as regarded
all the prisoners to the riot only.
The Jury immediately found them all guilty ; but recom-

mended the girl to the leniency of the court, on account of
her tender years. The ATTORNEY-GENERAL satd that he
should, on his own responsibility, second that recommenda-
tion. He was not before aware that she was so very young ;
and he should certainly not press for judgment.
The two male prisoners were then put down, sentence being
deferred ; and his Lordship, after questioning the little girl,
and finding that she lived in Bellion-street, Manchester, and
had no friends here, said she must be discharged and taken
care of till she could be sent home. Mr. Amos said he should
take care that she should be safely sent back to her friends
in Manchester. His Lordship, addressing the prisoner in a
kindly tone, said, that the gentlemen who conducted the
prosecution were so good to her as not to press for judgment
against her. They would let her go without punishment,
and he hoped she would behave like a good girl in future,
and always keep away from any riot or disturbance she might

see. The prisoner, with 'tear: in her eyes, said she would,
and was given over to Mr. Amos. She stated that her
parents did not know that'she was there. In a few minutes
afterwards a young man, her uncle, came into court, and
applied to the Attorney-General to have her given into his
charge; and the applicant having satisfied the enquiries of
the court and promised to take care of her, his requst was
complied with.

In the course of this trial, his Lcrdship noticed, as a some-
what remarkable circumstance, (with reference to the case of
this girl and that of another prisoner—James Richardson,)
that the ages of the parties appeared to range from 11 to
101 ! The. Attorney-General remarked, that in the latter
case there was a mistake in the printing of the calendar.
The court was delayed above an hour in waiting for a true
bill being returned against parties to be tried in this court.
Joseph Shaw, 15, and George Turner (another youth
whose name did not appear in the calendar), were charged
with riot and conspiracy, and with having, by force and
violence, prevented certain of her Majesty's subjects from
following their lawful occupations, and compelled them to
depart therefrom, at Blakeley.
The Attorney-General briefly stated the facts, as they
afterwards appeared in the evidence. The prisoners were
not accused of participating in the riots in an active manner,
but with being present and taking part by countenancing the
others. The prisoner, Turner, was found with a dagger-
stick in his hand. The prisoners (as in the last case) were
undefended.

Mr. Samuel Crowther said—l am proprietor of bleach-
works at Blakeley. The hands turned out on the 11th of
August, a mob having forced them. On the 16th, another
mob, to the number of forty or fifty, with sticks, &c., came
and turned out the hands, and turned the water out of the
pans. They threatened to pull down the works. They were
there about a quarter of an hour. They came again, to the
number of about 100, turned the hands out, and raked out
the fires. They then said they would make an end of the
place. They were strangers to rne. I cannot speak to either
of the prisoners being there.
Joseph Whitehead, who is in the employ of last witness,
spoke to the riot of the 16th. The mob came twice, they
pulled the fires oat and let the pans off. They turned out
the hands. This was at ten o'clock. They came again
about eleven o'clock, and pulled out the tire a second time.
The prisoner Shaw was there. He was looking at me at
work blueing the yarn, while the others were pulling out the
fires. He did nothing and said nothing. He had no busi-
nes,s there. He was watching me work.
A person named Cope, said—l was a special constable on
the 16th of August, at Blakeley. There were in all at the
works and the gate about 200 persons, armed with sticks.
At about eleven o'clock I saw the prisoner Shaw with a
stick on the private road, returning with the parties who bad
effected their purpose. I also saw the other prisoners near
him. He had also a stick. 1 foilowed the crowd with a
view of making the two prisoners, gave a description of them
to the police, so that they were afterwards apprehended at
Manchestea. The boy Turner had a sword-stick with him
when taken. The other had an ash sappling.
Charles C. Stephenson, superintendent of a division of
Manchester police, said—l was shewn the prisoners soon after
eleven o'clock that day. Turner had this dagger-stick (pro-
duccd) with him. He said he had found the stick. He
afterwards said he was a hawker, and bought it to sell again.

Both prisoners came from Rochdale, which is eight miles
distant from Blakeley.

The Learned JUDGE summed up perspicuously, giving the
prisoners the benefit of such facts as appeared favourable to
them in the evidence—particularly their not being seen to do
any violence themselves. There were four counts to the
indictment, but the only one on which the jury need trouble
themselves was the last—relating to the riot.

The jury found both prisoners guilty, and they were put

John Tear (not in the calendar), apparently about 30 years
of age, was indicted for riot and.conspiracy, and with having
with others compelled the workmen of Messrs. Wilson,
Brother, and Co. against their will, to leave their lawful
employment at Salford.

The case being stated by the Attorney-General, as it ap-
peared from the evidence for the prosecution, the following
witnesses were called :

Moses Price, an engineer, said he wae employed at Wilson
Brothers, and Co.'s print-works, in Salford. A mob of
from 1000 to 2000 were there on the 10th of August, about
eleven o'clock, many of them with sticks, and demanded the
hands to be turned out. Mr. Edward Wilson directed
witness to stop the mill, and to send out the hands, which he
did. There had been six boilers and two engines at work.
The steam was worked down as soon as possible. After
stopping one engine, and he was going to stop the other, he
met the prisoner in the middle of the works about thirty
yards from the gate. Another man was with him, and both
had sticks. Prisoner asked why we had not stopped the
engines. Witness said he had stopped one, and would stop
the other. He told them there was not a man on the
premises, and they went away. Witness followed them.
They went to Mr. Heywood's, and there turned out the
hands also. The prisoner was with the mob. They (the
mob) then went to the railway-station and demanded that
the hands should be turned out. The prisoner was leading
the mob up when witness saw him.
Cross-examined by Mr. COBBETT, with whom (for the
prisoner) was Mr. W higham :-1 know the prisoner by sight.
He has, I believe, been employed at a warehouse for some
time. _ _

Thomas Nanson called—l am salesman to Wilson, Bro-
ther, and Co. On the 10th of August a mob came there.
Two men came and demanded the hands to be turned off.
The prisoner was one of them. I and the last witness spoke
to him. Mr. Wilson asked him, " What do you want our
men out for? Our men get very good wages, the same as
they have got for the last ten years." One of them said,
" Those are the men we want out—they are getting too
much." They shook their sticks at us, and said it would be
worse for us if we did net comply. The mob remained out-
side till the prisoner and the other returned to them. They
afterwards joined the mob, and went away with them.
Cross-examined—I never saw the prisoner before.
Francis Ellison, a labourer in the concern, said—l was
present when the hands were turned out. After leaving the
premises I saw the crowd. They were from 1000 to 2000.
He corroborated the evidence as to the prisoner being there.
He took me by the collar and said' " Turn out, you knob-
sticking b
Cross-examined—l never saw the prisoner before. It was
about sor 10 minutes past eleven o'clock. The mob was
shouting hurrah I I was not frightened. There was no-
thing to alarm me. I saw nothing done with the sticks.
Mr. JAMES submi4ted that the evidence as to the riot was
not sufficient, and also that relating to the alarm.
His LORDSHIP said—Was not an assemblage of 2,000
people, with sticks, sufficient to cause alarm in most minds ?
Mr. JAMES spoke in behalf of the prisoner, and intimated
his intention to endeavour to prove an aliN. He should
call from seven to nine witnesses, who knew the prisoner
well, and who would positively speak as to the time, and the
presence of the prisoner elsewhere during it.
Samuel Arraitead„ a boy, sworn, and examined by Mr.
WHlGHAm.—Witness stated that, on the 10th of August
last, he went with a cart to move some goods from the house
in which the prisoner lived in Manchester. He went several
times, and took away several loads. He saw the prisoner
there from the time he went first, at about ten o'clock, till
he took a second load.—On cross-examination, witness could
not tell whether it was on the Tuesday or the Wednesday.
He appeared, indeed, to be quite confused as to dates.
A young man, named Endsforth, said he was in the house
assisting to load the furniture. Bespoke to seeing the pri-
soner there on the 10th August, from half-past ten o'cloek
till half-past twelve.—On cross-examination, witness ap-
peared to be very uncertain as to dates, and as to the time
when the prisoner absconded after a warrant was issued
against him.
. . _ _ _

James Daley, husband of the prisoner's cousin, said he
was also in the house on the 10th August, the day after the
commencement of the riots in Manchester. He and his
wife lived in the house with the prisoner. He (the prisoner)
was in the house the whole of that day from tea in the morn-
ing till late in the evening. The witness also underwent a
severe cross-examination. He was present at the examina-
tion before the magistrates, but did not say anything to clear
the prisoner.
Mrs. Daley, the wife of the preceding witness, was next
examined, and also swore to the prisoner being at home on
the 10th August all day till eight at night. The prisoner vas
absent, she believed, for some weeks afterwards. She did
not see him after that night till about three weeks ago. She
corroborated the last witness in several points.
An Agent for the prisoner's landlord stated that the pri-
soner was at his house at eleven o'clock on the 10th, the day
on which he reixioved from that house. He saw him there
then, assorting some papers, for about three quarters of an
hour. He was also agent for the house to which the prisoner
removed, which belonged to the same parties. He kept a
memorandum book of the rents and dates, but had not
brought it with him.
A well-dressed female swore to the prisoner's being at
home and removing his goods on the 10th of August. Wit-
ness lived with her father and mother, next door to the
prisoner's present house. The police-officers searched her
house when they came to arrest him. That was, 1 think, on
the Wednesday morning following. The officers asked when
the prisoner' removed, and she said on the Wednesday. This
witness was also strongly cross-questioned by the judge, and
her evidence appeared to be somewhat shaken.
A smith, named Nolan, lived near the prisoner's house.
He was making out some bills on the 10th of August, and
saw the prisoner at his home that day at eleven o'clock, and
many times during the same day.

Mr. Cope (who- said, had before been a witness this day)
he had known the prisoner nearly five years. His character
for quietness is such that it amounts to nervousness, or
rather to timidity. He did not believe that he was secretary
to a political society, although he had heard it whispered.
The Rev. J. Billington, a Catholic priest, gave the prisoner
an excellent character as a sober, quiet, industrious man.
He had known him twelve or fourteen years.
Mr. Philip Grant, reporter to 'the Manchester Chronicle.
also gave the prisoner a good character, and had known him
for five years. Be had beard and believed that he was secre-
tary to a' trade's club, but that he believed was not connected
with riots, but merely for the regulation of wages.
The JUDGE remarked that such societies used to come un-
der the name of combinations, but the statute affecting them
was now removed, and they were now legal.
The ATTORNEY-GENERAL addressed the jury for the pro-
secution at considerable length, contending that the alibi
set up had not been sustained.
The learned JUDGE summed up the evidence in a clear
and succinct manner, remarking upon it as he proceeded.
The three witnesses for the prosecution spoke positively to
the identity of the prisoner. On the other hand, the evi-
dence of the witnesses for the defence was not only vague as
to the precise day on which everything depended, but was on
the whole very unsatisfactory, and not, his lordship consi-
dered to be depended upon. Several of them had said they
kept books and memoranda, but none of these were pro-
duced. If, however, it 'appeared to them that the day to
which they spoke was the 10th of August, and that they
deemed them worthy of credit, the prisoner would be en-
titled to an acquittal.
The jury consulted for about twenty minutes, and re-
turned a verdict of Guilty, recommending the prisoner to
mercy on account of his previous good conduct.
His LORDSHIP said he did not know how such. a recom-
mendation could well be attended to in. behalf o.f a 'Alan who
was secretary to a union, and had beaded a rooli.
The prisoner was then Oat do,wri• There was a remarkably
strong likeness between the prisoner and the witness Daly ;
so strong, indeed, that on looking at them when they were
- standing at a short distance from each other while the jury
were consulting, we could scarcely discover any difference in
their features, particularly in the upper part of their faces
respectively. This was remarked by several gentlemen in
court.

The court did not rise until a quarter to seven o'clock
MAGISTRATES' ROOM.—YESTERDAY.
(Before Mr. Justice CRESWELL.)
CONSPIRACY.

George Thornton, aged 19, Joseph Webb, 27, Patrick
O'Brien, 17 . and Joseph Melbourne, 22, were indicted for

conspiring together, with divers other persons, to collect an
unlawful assembly, in order to induce divers of her Majesty's
subjects to cease from following their lawful employment and
labour; another count charged them with collecting an un-
lawful assembly; a third count charged them with unlaw-
fully assembling together in a formidable and menacing
manner, being armed with sticks, clubs, and other weapons,
to disturb the peace of these realms ; and a fourth count
charged them with riot only.
Mr. J. S. Wortley and Mr. Pollock appeared to conduct
the ease on behalf of the prosecution ; the prisoners were
undefended.

The first witness called was Mr. Francis Preston, who is
the son of the owner of a factory at Ardwick Green, in
Manchester, and he deposed to a large mob assembling at
his father's faernry between one and two o'clock on the after-
noon of Tuesday, the 9th of August. On reaching the
factory they broke the windows with sticks and stones. The
ites, and

mob then liroke open a small
several of the mob entered thr
O'Brien were there at that ti

Thornton, "CVebb, and
ud one of the mob was

engaged breaking the locks of the gate
mob outside, and Thornton and W,

O'Brien was in t 1:

ebb inside, the latte

appearing to take an Seth
master, and witr

The mob asked for th
3 was pointed out. Stones were the
thrown, and witness was struck on the head, with a sticl
There were then cries of " Stop the mill," which was dons
and the hands were turned out. Witness then went fa
assistance, and returned with some military, who took som
prisoners into custody.

By the JUDGE.-1-le mob had been at the place about
half an hour before he went for_ assistance. They were at
that time breaking the windows.

Johu Reed, a Person in the employ of Messrs. Preston,
stated that he recollected the mob coming to the factory on
the 9th of August. There was at first 600 or 700 persons in
the mob, who were making a great noise, and calling out
" turn them out." M. Preston, jun., told the mob that the
men were willing to work. The mob then broke into the
factory, took some hammers out of one of the rooms, and
broke the windows and window frames with them, and also
the gates of the factory. Witness addressed the mob and said
they had done quite sufficient mischief, and it was no use
of doing any more. Melbourne turned round and threatened
to strike him. About 50 or 80 of the hands were at work
and were willing to continue at work, but the mob said if
they did not turn out they would mill them.

James Daggett, a spindle-maker, stated that he worked at
Messrs. Preston's factory, that at the time the mob came to
the mill the hands were at work and willing to continue at
work. Shortly after the mob came up, witness saw Mel-
bonrne jump through one of the windows of the factory, take
up a hammer, and break the lock off the gates.

James Wright M'Knight, one_of the Manchester police,
was then called on behalf of the_prosecution, and-was asked
i-n what state-the town of Manchester was in on the day in
question, and what kind of people seen in the streets, but his
Lordship said that could not be gone into, except it could be
shown that the prisoners were connected with it
Mr. WORTLEY said he could not connect the prisoners
with the state of the town, and after the intimation of his
Lordship, he should not pursue the examination.
This closed the case for the prosecution, and the prisoners
being severally asked by the learned Judge what they had to
say in their defence, most of them made statements to the
effect that they were accidentally present in the crowd, and
forced into the yard of the factory by the military, when they
were taken into custody ; and Webb called three witnesses,

who stated that the prisoner was in their company, at
distance from where the riot took place, from half-past one
until three o'clock. They also gave the prisoner a good
character.

A number of written characters were handed in, but his
lordship said he could not take notice of them.
The learned JUDGE then summed up the evidence of the
jury, and retired for about a quarter of an hour, when they
returned into court and pronounced a verdict of " Guilty"
against all the prisoners for a riot and attending an unlawful
assembly. They, however, recommended O'Brien to mercy.
The prisoners, Thornton and Webb, were again arraigned,
together with John Cannon, 19, James Harrington, 47, James
Healey, 19, Thomas Whitehead, John Galvin. John Fallow,
18, Edward Mitchell, 17, Thomas Berry, 13, and Barney
Collins, 19, on a similar charge at the factory belonging to
the Oxford-road Twist Company, on the same day as that
mentioned in the last case.

Mr. S. WOUTLEY, in stating the case to the jury, said that
as the present case was precisely similar to the last, and after
the decision of the jury, he shonld not trouble them with
inquiring into the charge of conspiracy, but would merely
call their attention to the charge of attending an unlawful
assembly and riot. After stating the facts of the case, the
learned gentleman called the following witnesses :
Henry Cook, partner in the firm of Cook and Co., who
have a cotton-mill in Oxford-road, Manchester. On Tues-
day, the 9th of August, about half-past three o'clock, witness
saw a mob, of about 1000 persons, making towards the fac-
tory. Witness ordered the gates of the factory to be closed,
which was done. The mob, on reaching the gates, struck
them with their sticks. Shortly afterwards witness went to
the gates, and saw George Thornton, one of the prisoners,
in front of the mob. He asked what they wanted? and
Thornton replied, "To have the hands turned out. Wit-
ness then said he wished to address the crowd. Thornton
then held up his hand, and there was silence, and he told
them that if the crowd would be quiet the hands would be
turned out, and that they were then leaving the factory. Af-

terwards Thornton became impatient, said the hands were
not all out, held his stick over the head of witness, and swore
unless the doors were opened he would break witne
Witness shortly after found the mob had brol.

en into the

factory : but the military coming up, the mob ran away in all
directions. Witness had also seen Harrington taking a con-
spicuous part in the mob. In about ten minutes after Thorn-
ton was taken into custody at the gates. The military took
a number of prisoners.

Miles Foster, book-keeper and cash-keeper at the mill of
the Oxford-road Twist Co.—Witness first 'saw the mob
coming up Charles-street. He got into the lodge of the mill
a few minutes before the mob reached it. The mob were
very -noisy, and threw their sticks up. Witness then cor-
roborated the testimony of the last witness, adding, that he
saw Thornton,Cannon, and Harrington in the mob. Thorn-
ton was foremost of the mob, and Cannon and Harrington
were along side of him. Thornton and Cannon had sticks
in their hands. The hands left the factory through the lodge.
The mob afterwards became impatient, and forced their way
into the factory. The three prisoners mentioned were the
first to enter. The large gates were opened, and the mob
entered into the factory yard. In about four or five minutes

Mr. Preston arrived with--the military, and the crowd broke
the windows to escape by. Witness saw several persons
taken; but could not say whether the prisoners were among
them. He, however, saw them in custody about half an
hour after. From 900 to 1,000 hands were turned out by
the mob.

He (Francis Preston) accompanied a troop of dragoons,
under the command of Colonel Wemyss, to the mill of the
Oxford-road Twist Company. Ile saw the military take a
number of persons into custody. The military had no one
in custody before they reached the factory.
Gearge Luke was in the lodge of the mill when the mob

came. He identified Thornton and Harrington as taking an
active part in the mob. Witness saw all the prisoners, ex-
-cept Thornton, in custody in the factory yard, about a quar-
ter of an hour afterwards.

By the JUDGE.—The military must have taken them in
the yard. No more of the mob entered the yard after the

Edward Hemmingway, door-keeper of the Oxford-road
Twist Mill, saw the mob in the yard. He identified the pri-
soners, Thornton, Cannon, Harrington and Stones, as tak-
inz an active part in the mob. Heard Stones call out,
" Turn the hands out." _ _ _

Archibald M'Mullen, inspector of the Manchester police,
was at the mill in question about four o'clock on the day of
the riot. The prisoners were all delivered into the custody
of witness.

Mr. Cook was recalled, and asked whether he saw the
prisoners taken into custody. He said the military had the
prisoners in custody; and Colonel Martin asked in their
presence if he (witness) would take charge of them. He
said he would, and the whole of the prisoners were then de-
livered to witness, who gave them to Inspector M'Mullen.
The prisoners, being called upon, made a similar defence
to those in the last case.

The Learned Judge having summed up the case, the
after a moment's consultation, found all the prisoners
guilty.—Sentence deferred.
Joseph Thomas, (a man of colour) 40, John Oldham, 36,
John Edwards, 19, Ellis Hall, 19, James Richardson, 101,
Thomas Booth, 24, Michael Clarke, 27, Thomas Clegg. IS,
John Lover, 45, Potri,k O'Brien, 17, and John Holmes,
were all indicted for a similar offence committed on the
same day, at the factory of Messrs. Birley, in Oxford-road.
Manchester.

Sir S. 'WORTLEY stated the case to the jury, and called
the following witnesses :

Nicholas Wetherall, book-keeper at the factory of Messrs.
Birley, in Manchester, said on the afternoon of the 9th of
August a large mob visited the mill. About 1100 hands were
at that time at work. The gates were also closed at both
mills, but this was at the old mill. Witness took his station
in a passage which looked through the lodge. There was a
great noise of shouting, and stones were thrown at the gates,
and the windows and the window frames were broken. There
was from £3OO to £350 damage done to the mill. Witness
saw the prisoner Lever in the mob from whence stones were
thrown at the lodge window. It was stated that the police
were coming, and witness and some others sallied out and
took Lever into custody. The mob were at the mill not less
than from an hour to an hour and a half. The fire engine
was turned on them, and drove them back a short time.
Witness, after the engine commenced, saw Clarke throwing
stones. The police had then arrived, and he was taken into
custody by Inspectors Maberry and M'Mullen.
Joseph Thomas, Hall, Edwards, Oldham, and other
prisoners, were identified as taking an active part in the
mob.

After the Judge had summed up, the jury acquitted Booth
and O'Brien and found all the other prisoners guilty. Sen-
tence deferred.
The court adjourned at a quarter to eight o'clock.

SCIENTIFIC CONGRESS.—Upwards of 800 men of litera-
ture and science are expected to attend the scientific congress
at Strasburg, which was opened on the 28th September.
The town council has voted a sum of 8000 francs to be ex-
pended in the entertainment of these numerous and illus-
trious visitors of all nations. According to the programme,
and the list of questions to be discussed in the several sec-
tions, which has been obligingly forwarded to .us by the
secretary, Professor G. Ph. Hepp, it promises to be a meet-
ing of great interest.—Athenceurn.

QUESTIONABLE FOOD.—The blind traveller Holmao
stated that at Fernando Po a couple of lambs, grown to of
more than six jnches long, were served up to him by order on
the King. Galen reports of swine, the, their flesh possesses
no less than fifty flavours, and is greatly assimilant in kind to
human flesh, Du Chatelin relates that in his days dogs and
oats were eaten at Paris as they now are in China; indeed
Sir Joseph Banks and Dr. Solander affirm that dogs flesh
is the sweetest imaginable. At Rome, camel's heels were
the choicest tit-bit for an epicure's tooth. Wbale,s tongues
ranked among the delicacies feasted oa in the middle century
by Europeans. The Caflre eats his lion for food, and the
traveller Bruce among them ate his lion•steak with gusto.
At Rio Janeiro an ordinary dish is a monkey pie ; and the
head of the ape is left to appear above the crust for ornament
in the style of he feet in our pigeoi-pies.
A REAL JACOBlTE.—Aniong'the inmates of the poor-
house of the parish of St. Nicholas, there is one Kirsty. Fraser,
who has reached the age of 103 years. She appears to bein the
enjoyment of excellent health, and says that, if she could get
" a wee drap o' tea an' a snaa' bit tobacco, she might waddle
on a good while yet." Kirsty was seven years old when the
battle of Culloden took place, and describes the appearance
of the field on the day after with all the gusto of a real Jaco-
bite. " Muckle stir and tamale fee was there," she says;
" the trenches o' the dead bein' as high as a house, and
covered wi' earth," She was acquainted, too, with the cave
in which Flora Macdonald concealed Prince Charles, having
explored " it ae day wi ither twa lasses, when Flora and
Prince Charlie were out at a walk." Kirsty oame to Aber-
deen about 60 years ago. "It was a guid Aberdeen when I
cam till't," says Kirsty—" plenty o' wark for baith man and
woman; but noo there is naething bat poverty an' teetotalism,
an' ilka ane fechtin' wi' his neighbour.—Aberdeen Herald.
MODE OF INCREASING THE GROWTH OF POTATOES.—
The flowers being cut off as they appeared on the plants, the
number of potatoes produced was much greater than where
the blossoms had remained untouched. Early in October
the stems and leaves of the plants which had borne flowers
were strong and green ; the others yellow and in a state of
decay. The plants which had been stripped of flowers pro-
duced (on the same space of ground) about four times the
weight of large potatoes, very few small ones being found.
Those on which the flowers and fruit were left, produced but
a small number of little ones, from the size of a common
filbert to, that of g walnut.--Nero Genesse Farmer.