The Statesman.
London, England, 1820-07-31 00:00:00

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OLDHAM 'AFFRAY.

•Ip.P-T

Jame* Whittaker and Jamul; Ifinterbeham, were
pdt to the har, charged with riot and assault at Old-
ham on the t sth of :461 lag'.
Mr. tiltl'llAS had Jost stated the leading fiefs or
the ease, when

The defendants said they wished to traverse.
The Court said they were too late ; they had said
that they were ready to proceed to trial.
The defendants said they were not ready for trial ;
their friends were not in attendance, as it was expected
that the trial would be delayed.
_ _ _

The defendants, who appeared ignorant of legal
forms, it seemed, had misunderstood the Clerk of the
Court, and had answered, Yes, to the question, whether
they were reAdy fur trial, when they thought the inquiry
was whether they wished their indictment to be Ira-
versed.

The Court assured the defendants that justice was
their only object. It was a solemn thing now, that the
Jury were sworn ; and the Court could not break
through the ..butte" of justice.
The defendants said they had neither Counsel war
witnesses present.
Edward Connell, a private in the 7th Dragoon
Guards, deposed, that he was drinking with other sol-
diers, at the littll's Head inn, at Oldham, on the 25th
of April last; ii'hittaker was in the room, and made
use of some bad words. He also began to sing a song
called Petering", in which the military were mach
abused. Witness got up and said that that song ought
not to be sung before soldiery, and that he would leave
the company. Whittaker, then took up a glass of ale
and threw it in his fare, following it up by a
blow, which made him fall bark. As soon as
witness recovered, he returned the blow. A scale then
ensued, in which about '2O or 30 of the townipeople,
armed with sticks and other weapons, set upon thew.
One of the witness's comrades went away, to fetch a
party of Guards. Ile was knocked down and kicked
most severely with the clogs which the people wore.
Winterbotham went out at the beginning of the fray,
and returned with a great number of people, with sticks.
They durst nut stir out of the house, there was such a
number round it, until a guard came.
Whittaker, in cross-examination, asked this wit-
ness, if he did not recollect throwing' liquor in his
fare first, and then striking hint ; if he did not
wantonly burn his bat, and some other questions, but
the witness could not rec :fleet any of these circum-
stances.

John (lough. a private in the same regiment, gave
the same answers to the questions of the ►•ounsel for
the prosecution as the former witness ; when cross-
e‘aminmi by the defendants, his memory algs proved
defective. Ile admitted that he had kicked Whittaker
out of the house for be deserved it.
Wm. Griffin, a soldier in the same regiment, cor-
roborated the statement of the two last witnesses. lie
added, that trhittaker had given a disloyal toast.
He also could not recollect the sol.liers throwing beer
in Whittaker'► ?ace and striking him.
Wm. Collins, another private of the 7th Dragoos
Ilnards, and Serjeant Pulliday, of an infantry reel.
meat, gave similar evidence. Neither of them recut•
lected any thing in favour of the defen.lants.
The defendants then called Thomas Slott, who
stated that he on the 25th
of April last. one of the
soldiers, who t be milted.

it was a loyal
ness seemed
The CIIAIL
a loyal one.
Witness proct
which was called

(The 'tit-
hed done.)
it, if it was

songs, one of
n he had done,

one of the soldiers asked, body c mid sing
" Prterloo t" Whittaker said that he mild sing it.
Ile began, but had not sung the first stanza, before
Connell, the soldier, jumped up, threw a glass of beer
in his face, snatched Isis white hat off, ■nd put it on
the fire, where it lay till it was burnt. Connel
immediately after threw another glass of beer
into Whittaker's face, and as Whittaler was
rising from his seat, Connell struck him in the face
with his fist. One of the soldiers had put the poker
in the fire some time before, and by this time it was
red hot ; the sau►e soldier pulled it out, and standing
before the door with the poker resting on his shoulder,
threatened to strike any wan who should enter the
room. Wiki came in, and be was immediately struck
with it on the side of the head by the soldier. One of
the soldiers went out for a guard. Witness was in
the room all the time, and saw the whole transaction.

Thomas Mellor was at the Bull's Head Inn on the
25th of April last ; there were some soldiers and
t .wuspeople in the house; the soldiers had a song
called Waterloo sung, and one of them asked if any
Body could sing Peterloo; witness was so situated that
he could not see the singer, until a soldier got up,
threw some beer in his face, and, snatching his white
hat uIT, put it into the lire. The defendant, Whitta-
ker, then got up, when the soldiers struck him on use
face so as to knock him down. A scuttle ensued; use
soldier held a red hot poker in his baud, threatening
to run it through any man who came into the room.
Some persons cowing to their relief, disarmed the
soldier.

John Schofield was at the Ball's Head daring the
whole of the affray. lie corroborated the testimony of
the preceding witnesses; which was also further sup-
ported by the evidence of Thomas James tieboleld.
The witnesses for the defendants were all cross-ex-
amined at considerable length ; bnt notitin* was elicited
to invalidate their testimo. They all acquitted both
the elefendents of commencing the affray; they described
them as only defending themselves against the soldiers.
The witnesses fur the defendeots appeal el to he very
respectable sewn. Those for the prottedstion were all
soldiers, excepting the surgeon, who gave Widows ea
the blows they had received.
The defendants, in defence, gave a otaeousout of tile
proceedings on the 115th of April, precisely ohlaiht
that detailed by their witnesses. They were sot dm be.
gi noon of the affray, they bad only defended themoeine
'guinea thee arum its of the soldiery.
Mr. COLTMAN replied.—He treated the ease will'
great jocularity,..• maintained that a man could MO
suffer a reel hot poker to rest cm his shoolder, without
Morning it through (This arypeasist seamiest to be
Emended on the supposed aerially that the poker should
Ire red hot at both mi..)
The Jury rare the linkman no troobk to smo up.
and after deliberating about tea Ninon. retuned • 'in-
dict of guilty againstboth of the gefoittisats.

le was at the littll's Hem! lon,
t. lie was acquainted with
o regne.ted his to sing a song
al sung, if hh Mit say true.
rather ashannailtwhat he ha
innaar.—DoWira allitomed of
proceeded : lieseg two sot
railed " Waterloo." When
soldiers asked. if any body