Mr. ATHERTON :-I object to this evidence, are all for the Charter: there is no use in turn. inasmuch as Challenger is not identified. ing out for wages." Now that is evidence reThe JUDGE:-Who do you appear for, Mr. specting Challenger, the defendant. Atherton ?

Mr. ATHERTON :-I appear for Stephenson and Fenton; but your lordship is aware that, in a charge of this kind, the evidence is material to each of the defendants. I am aware that your lordship has already ruled a case of a similar description, but there is a marked difference between it and this particular case. In that case the man announced as John Leach stated that he had been at Stockport, had a conversation with the mayor, &c.; but on the present occasion there is no evidence of identity at all.

Sir GREGORY LEWIN:-The last witness proved that Challenger had been at Ashton, and that he said there," If Preston is going on as I left it, I have no doubt but it will be in a blaze before this."

Mr. ATHERTON:-This indictment charges Challenger, and this witness is called, for the purpose of affecting Stephenson, as far as my argument is concerned, to state something which the defendant Challenger said at Preston. Now, I submit, my Lord, that the only evidence afforded is not such evidence as would warrant your lordship to allow this conversation to be detailed for the purpose of fixing the Challenger of this indictment, as the Challenger who was at Preston. Your lordship decided a cimilar case in the Court of Exchequer (which case was not a criminal case like this, where the evidence is more strict than in civil actions), as to whether, in evidence of the similarity and identity of a deed, the name was sufficient to prove that the defendant on the record made the promissory note; and your lordship knows that the Court of Exchequer held that the mere circumstance of identity of name was not sufficient. Now, I submit, that there is not sufficient evidence to connect the Challenger of which this witness speaks, with the Challenger on the record; this identity of name is not in itself sufficient.

The ATTORNEY-GENERAL:-This is evidence to go to a jury; and it is for them to exercise their judgment upon it, and determine whether such evidence is sufficient. The last witness distinctly stated that Challenger, on the 15th, at Duckinfield, said, "I have been at Preston; all the streets are barricaded." He then spoke of the condition of the town, and said, "If Preston is in the same state that I left it, it will be in a blaze. The men at Preston

He had

been at Preston shortly before, and that which we now propose to show is, that he was at a meeting connected with the Charter, three days before, at the Chartist meeting-room.

The JUDGE: The man of Preston said "there is no use in turning out for wagas, but if the people of this neighbourhood would go for the Charter, they (the Preston people) would go for The the Charter, and fight for the Charter. streets were barricaded, and not a soldier to be seen, and if Preston were as he left it, he had no doubt but it would be in a blaze before this." I think it is quite clear.

The ATTORNEY-GENERAL:-That shows that he was there.

The JUDGE:-I think it is quite clear. Sir GREGORY LEWIN:-Now, Mr. Bannister.

The JUDGE -One resolution was, that the Preston people were not to go to work till the Charter became the law of the land.

Sir GREGORY LEWIN:-Was that the sccond day? Yes. Was the question put? Yes, and carried. There was some discussion before that, whether it should be a question of wages or of the Charter, and they decided that it should be a question of the Charter only. What was the second resolution? I do not exactly recollect, but there were several resolutions passed. Of what nature were the resolutions? Give us the substance of them. One of the speakers spoke at great length to induce them not to go to work. Another proposed that they would go to the present place of meeting every morning, as the factory operatives were going to work, and prevent those who were disposed to go to work, from doing so.

The JUDGE:-Repeat that again. The resolution was to this effect, that they should meet at the place they were then meeting on (this was on a large space of ground called the Orchard) at an early hour in the morning, and, at noon, to prevent such persons as were disposed to go to work, from doing so. They were to meet twice a day for that purpose.

Sir GREGORY LEWIN :-I think you say there were other resolutions? Yes, there were other resolutions. They were all extremely violent, but I cannot recollect them distinctly and specifically. You say those two persons called Aitkin and Challenger made speeches

pose of informing them that the riot act would be
"Read and be
read. One of the mob cried out,
damned!" A stone was thrown, which knocked
the riot act out of the mayor's hand. By that

do you recollect any particular passages in the speeches of either? I do. Challenger said, that the masters of Preston, or the cotton lords of Preston, were the greatest tyrants in the country. It was well known that they ground their work-time a portion of the mob had gone to our rear;

men down more than any other persons; getting their work done cheaper, and therefore they could undersell their neighbours. He used a great deal of vulgar language, calling the masters many vulgar names. You are speaking now of Challenger? Yes. Well, with regard to Aitkin? Aitkin boasted of having suffered in the cause of the people, and said, he had already been imprisoned; but he would do anything more he could to assist them. He used

much violent language. Anything more? I don't recollect anything more in particular. I believe there were great disturbances on the following day? Yes. About five o'clock the next morning, I attended at the Orchard myself, and found some persons, perhaps a hundred, assembled.

The JUDGE:-Why is that called the Orchard? It is not really an orchard, 1 suppose? No, it is a large space of ground; I suppose it was formerly an orchard.

we were also flanked by the mob, and the showers of stones were tremendous, as they were coming upon us from all sides. The riot act was then

read, the stones still flying. I then went with Captain Woodford to tell the mob that the riot act had been read. There was at this time a considerable portion of the mob in our rear, and also in two streets by which we were flanked, as well as in our front. One of those streets is called Chapel Walks. Showers of stones came from them over the houses. There is a place at

the lower part of Lune-street, where a great distinctly see the women bringing stones in their brats and aprons, and laying them down in the street for the use of the mob.

number of stones are deposited, and we could

Sir GREGORY LEWIN :-To form a depôt ? Yes, sir. Having made several efforts to disperse the mob, or get through them without effectWhat sort of efforts do you mean? Why, going down in a body with the constables, and the military in the rear, and charging them. What had the constables in their hands? Nothing more than ordinary staffs; none of them had

cutlasses.

At length, the Mayor ordered the soldiers to fire. I did not hear what was the word of command; but they did fire. What was the consequence of the firing? I saw several of the foremost of the mob drop in the

Sir GREGORY LEWIN;-You found about 100 people there at the time? Yes. I saw they were accumulating. Their numbers were increasing. I then went back to the station, leaving some constables to watch the proceedings of the mob, and sent a report to the mayor of the borough. I then returned towards the Orchard; and was met by one of my men, who said, that the mob had moved towards a factory. I sent ano-street. ther message to the mayor, with a view to calling out the military, as the police force was then only fifteen or sixteen men. I was engaged with the mayor, endeavouring to get the soldiers together,

and I heard from time to time that the mob was

going round the town; the soldiers were called out, about thirty of the 72d Highlanders, and I then proceeded with the soldiers and magistrates down Fishergate; and a short distance before we came to Lune-street, we met an immense mob of persons. The force we had then was walking in a very narrow compass, and the mob was likely to pass, so we were ordered to halt and form a wider rank. We ultimately stopped the mob from coming up that street. We then proceeded down Fishergate and Lune-street round a large factory (Paley's); and, on our return, up Lune-street, immense showers of stones were thrown at us by the mob. We there halted, and faced about with a view of dispersing the mob, and made a great many efforts to do so; Captain Woodford, chiefconstable of the county constabulary, and myself, going on opposite sides of the street, for the pur

How many soldiers were present? Thirty. How many rounds did they fire? I don't know the exact number; they did not fire in a body, but by platoons. The mob stood mute; they did not attempt to run; they stood for some minutes, as if thunder-struck. How long did they stand? About two or three minutes; but I was then in such a state of agitation, I could not take particular notice of the time. They then retired, and we were ordered to retire up Fishergate-street. I believe some were killed? Yes. How many? Four died ultimately; and a fifth man, who was wounded, had his leg taken off. We halted a short time in Fishergate-street, at the end of Lune-street; and, having prevailed on the mob to retire, we went to our stations and quarters. Did the mob disperse after that? They did, sir. Is there anything further in relation to the transactions of that day? I don't recollect anything else material. Did you, afterwards, visit any of the mills where the mobs had been I did. What

had they done at those mills? I did not per-
ceive that they done any particular mischief at
the mills. The fact was, as soon as the mills
were desired to stop, they did so.
On the fol-
lowing day was every place quict, and did the
mills resume their work? They did. On what
day of the week was the 13th of August?
Saturday.

were close at hand. And then the people dispersed quietly? After a short time. Now, I want to know how it happens, that the resolution being the most important thing that occurred, you cannot give as an account of what it was?-Did you take notes of the speeches? No. I took notes of the inflammatory speeches. Did you take notes of anything that was not inflammatory ?—What

was the second resolution? I would not undertake to say what the words of it were. You would not undertake to say more about it than that the word "Resolved" was in it ?--Upon your oath, were you aware that the strike was occasioned in Preston in consequence of the notice given by Messrs. Ainsworth to reduce the wages of their hands? No. Was there any notice of a reduction? I certainly did hear that there had been a dispute between some of the workmen and the Messrs. Ainsworth about a reduction, and that some of the men did turn out in consequence. When did you hear that? Not till the Monday after the turn-out took place. Do you mean to

Cross-examined by Mr. O'CONNOR :-I will just ask him a word-You and Captain Woodford went one on each side of the street, to dissuade them from continuing their movement, and the mob proceeded on? No, the mob were at a halt then. I understood you to say, that the constables then in front of the military went down and charged the mob? After considerable hesitation they did so. Now, did the constables give way?—And did the military shew them selves, and charge the mob before the order for "fire ?" The JUDGE:-The military did not charge state, on your oath, that you did not hear a word them before they fired.

WITNESS --I have before stated, that the constables were between the military and the people.

of the reduction prior to the meeting on the 12th, at which Aitkin and Challenger were present? 1 did not hear it till the Monday. Then how did you hear it? It was related to me in this way: different masters, as to who were the most liberal persons were drawing comparisons between the or illiberal, and the Messrs. Ainsworth were then accused of reducing their wages more than others. Did you see any of the men that were killed? I saw some of them. Did you go to the inquest? I did. Did you examine the bodies? I did not. On your oath, did you not see any of them? Not one. On your oath, did you see two men wounded in the back? No. Did you hear it?

Mr. O'CONNOR-At the time the people were standing, and the constables were between the soldiers and the people, were the constables laying about them with their sticks? Some of them were, sir. And the people were standing? Yes. And the constables were laying about them? Some of them were. How long did the firing continue altogether? I should think not more than two or three minutes. That is a long time. They fired in single platoons. Single firing! And the people did not stir?ject to this eternally putting to the witness what

After the first shot they appeared motionless, you say? Yes, from the distance in which I was. Was the firing kept up for two or three minutes? Yes, but in the most deliberate way. I dare say it was, Pop-Pop pop!- Was there a pop each second? More than a second. I should think there were three seconds between each. There are sixty in a minute. Was there pop-pop-pop! about twenty in a minute; and did this continue for several minutes after the people were motionless? [No answer.] Now, did you hear that the mayor was rash in ordering the military to fire? No, but on the contrary, I heard him praised in all quarters, for firing on them. After the military had retired you went among them? I did not. I understood you to say, in answer to Sir Gregory Lewin, that you went among them yourself? I did, but the soldiers

The ATTORNEY-GENERAL:-I must ob

he has heard.

Mr. O'CONNOR :- Well, then, I won't press it.

Re-examined by the ATTORNEY-GENERAL:-You say there were thirty of the regular force there? Yes, there were not more than eighty persons altogether. How wide was the street in which you were? It is a street of ordinary width

about thirty feet at the utmost. How many persons were in front of you, can you tell? Some thousands. And how many persons were at your back?-I am speaking of the time when the order was given to fire? There was a dense mob both in our front and rear. I understood you to say, that there were side streets from which the stones were coming over the houses?

The JUDGE:-I do not see what relevancy that has at all, one way or the other.

The ATTORNEY-GENERAL:- No, my Lord, but one would endeavour to preserve the

character of the soldiers, magistrates, or any one interruption at all, till Aitkin and Challenger concerned in the preservation of the peace, from all imputation. While you were firing, were stones thrown or not? I did not perceive. When did the hands first begin to give over work? Not till Friday morning, the very day before this firing. And when did they resume? On Monday. Now what I want to know is this, that with the exception of that Friday and Saturday, was there any general interruption? No. Was there any

came and attended that meeting? No. Had there been any general interruption of work? Yes, on Friday morning the Preston mob turned out. When did you expect Aitkin and Challenger to come? On Friday night. What was the day of the month on which the firing was? On Saturday morning, the 13th of August.

It being now seven o'clock, the Court adjourned to the following morning.

END OF SECOND DAY'S TRIAL.

TRIAL OF FEARGUS O'CONNOR, ESQ.,

AND OTHERS.

THIRD

DAY,

Friday, March 3rd, 1843.

IN consequence of Mr. BARON ROLFE having arranged this morning to dispose of a charge of murder, the resumption of the evidence, in the prosecution of the Chartists did not take place till nearly twelve o'clock.

The LEARNED JUDGE took his seat in the Nisi Prius Court, at twelve o'clock, when the Jury, in the case of "The Queen against Feargus O'Connor and Others," was called over.

Before the evidence was resumed,—

The ATTORNEY-GENERAL stated to his Lordship, that, having carefully looked over the depositions as affecting John Wilde, one of the defendants, who crossexamined the witness Buckley on the previous day, and it having appeared that he took no part in the Chartist question, he (the Attorney-General) had come to the conclusion, in concurrence with his Learned Friends, not to offer any further evidence against Wilde.

A verdict of Acquittal was accordingly taken.

The same course was adopted with regard to Thomas Pitt, another of the defendants.

On the application of Mr. O'CONNOR, all witnesses who had arrived since the previous day, except those to character and formal matter, were ordered out of Court.

The ATTORNEY-GENERAL made an application to the Court with reference to the attendance of the Rev. John Taylor, Incumbent of Duckinfield, who wished to offer evidence as to the character of John Crossley, one of the defendants. It would be inconvenient for the Rev Gentleman to be detained in Lancaster over Sunday, and the Learned Gentleman accordingly proposed that the evidence of Mr. Taylor should then be taken. The Rev. Gentleman was sworn, and he gave a very favourable opinion of the character of Crossley, as a peaccable and orderly man.