The Sun. — 1841-01-21 (London, England)

THE  EXAMINATION OF THE PRISONERS.  ASHTON, JAN. 18.—The prisoners Paxton, Rowbotham, and Irving, and another, Joseph Mowcross, since arrested at Oldham, were this day brought up for examination before Messrs. Jowett, Lord, and Wright, Magistrates of Ashton-under-Line.  Mr. Alcock, superintendent of police, stated, that the four prisoners now before the bench were apprehended under warrants, charging them with having on the 30th of October, with other sawyers of Manchester, conspired to injure and oppress the master sawyers of Ashton in their trade.  Benjamin Goldthorp being called, said that he was a master sawyer ; that early in the month of October his hands had turned out. Garland (the man murdered) was one of those whom he afterwards got to work for him, and he continued with him up to the 31st of October. lie frequently saw the turnouts .passing his timber-yard, in bodies of from four to twelve. He saw none of the prisoners now before the bench amongst them, but Mowcross was one of a deputation appointed to meet the master sawyers. Peter Keogh said that be was a sawyer, working for Mr. Cowley, of Ashton. He had worked for him seven or eight weeks, and jived in Manchester. On the 31st of October he went there with his brother, Patrick Keogh, and his nephew, James Keogh, John Marcy, and Thomas Garland. They were on their way from Ashton to Manchester, when they were met, between the hours of four and five o'clock, about a quarter of a mile from the Ashton Church, by from 12 to 15 men coming from Manchester, and who commenced beating them with bludgeons, because they were not members of the union. Cross-examined by Mr. Foulkes—l could only recognize one man, named Roberts. He stepped up, and struck my brother on the left eye. I interfered, and prevented him. What took place after I cannot tell. I thought it best to make my escape. A man followed me. He struck me with a bludgeon. I don't know him now. I saw only one stick. Garland was mortally wounded. The men with me were sawyers not in the union: I know the man who struck my brother, and no other. He was the man who came into Stone's yard. His name is Thomas Roberts. I have known him for five years back. There was light enough for me to see half an hour after this took place. I have seen three of the prisoners before, but they were not present. I have always had a great esteem for them, and they for me. I mean Rowbotham, Paxton, and Irving. Ido not know the other man, Ido not know that they belong to the union. I had not time to recognise any of the parties on wasT talosma wa Thomas eßr.o t t eHr flee lwdorskaei dd for re livedrs . the loads, but believe the prisoners were not there. ae rn ,e haensd. Horner, ter, who was a cabinet-maker and timber-merchant. He was top-sawyer, and Patrick Lenand was his partner. They were not in the union, and had not been for four or five years back. On the 31st of October they were at work, and at seven o'clock in the evening two men came to them and said, Patrick Lenand must go to the Smithfield Tavern, as he was wanted there. He went on to state otl.er particulars, involving coercion and combination. When his examination in chief, and crossexamination was brought to an end, Mr. Foulkes, the professional advocate of the prisoners, addressed the Bench, and contended that his clients had infringed neither against the statute or common laws of the land, for, by the 6th George IV., sec. 4 and 5, he held that their proceedings came indisputably within the recognised limits of the law. Every man had a right to estimate his own services, without certainly resorting to vialance, and such was not the errand of the prisoners. Upon the very evidence of Butterfield they were entitled to an acquittal, for, according to hia own showing, what the delegates were sent to do, they were instructed to do it civilly. If the delegates bad rambled to the King's Head, or 500 other houses, or committed any acts of violence, his clients could not be considered responsible beyond the authority they had given. The prisoners were finally ordered to find bail, themselves in 1001., and two sureties in 501. each, to answer an indictment at the next assizes for illegal conspiracy.