left

among the people. I left the field then.

Cross-examined by Mr. Littledale. I am in Thomas Cozen's factory at Oldham. At that time I got about 20s. a week wages. My gains depended on the work I did. The other workmen were paid at the same rate, according to the nature of their work; but all did not earn alike. I never was drilled, but did go once to a drilling on a night, the Sunday before the meeting, when it was just over; that was the night of the 8th of the month, before the intended meeting of the 9th. I went to the White-moss, the morning that Gingerbread Murray was wounded, but the drilling was over. They had no bugle that morning; there was no word of command, or talk of "fire" given. I did hear "stand at ease," and 66 as you were," and such like as that, said; it was all mere nonsense, though it might happen that there was one man at this drilling, as they called it, to give the word to each company. I attended another meeting at the Oldham-hedge, a week or fortnight before the White-moss. I was at the hedge a little before 5 o'clock that morning; there were present perhaps 40 persons. I do not know by whom they were commanded; they were popping about down a lane; they did not march as common soldiers, for they had not common sense to do it, some of them, the boys, being too young. I went a little down the road with them, and then went home. I did not march with them according to any regular order; sometimes there was a word of command; but it was all mere nonsense-it might be quick march," and "halt," and such as that. Sometimes we did so, and at other times

we laughed at them and their word. When we were not marching, sometimes we were stopped and told to stand at ease. At no time in my life did I hear the word "fire" given. Besides the two I have told you of, I never was at any other of these meetings, or nonsense of the kind any where else. Of the people who marched with me on the 16th of August at Manchester, I cannot say I heard any thing of the word of command, though several of the people whom I had seen at the drilling at Oldham-hedge, but not at Whitemoss, were going with us to the meeting in the four divisions. I never touched the Oldham banner; we had one colour, and the cap of liberty, all fixed on one staff.

Major Cartwright's bill, and election by ballot," were the words on the Oldham banner. On the Lees, I think the inscription was something about "Representation." I believe it might be " Equal Representation, or Death;" that was the black flag, I believe. On the Moseley flag, I cannot say what was written-I only saw the writing generally on them all. I never saw, "Let us die like men, and not be sold as slaves." I saw something of the kind like "No corn laws;" but I do not know on what flag it was; there were drums and music with some of the parties. We had a kind of trumpet or a bugle, but no fifes.

Abraham Ridley, examined by Mr. Evans.-I was a cotton-spinner living at Oldham in 1819, and went with the Oldham people to Manchester on the 16th of August. In the course of our progress, nothing whatever was done to excite disturbance. I saw the yeomanry advance to the hustings; and, up to that time, all appeared to be

peace, harmony, and conviviality in the people's conduct. The yeomanry were close up to me, before I could properly see them. There was a great crowd of people around me, at that moment, and the yeomanry were cutting at them with their swords as they stood there. When they came up to me, the constables pulled the truncheons out of their breasts, and began to strike the people with them; the constable standing nearest to me put me forth with a push up against the cavalry horses, and I received a blow on the hat, as I conceive from a cavalry sword, which knocked it off my head. I saw many struck in the same situation, and the blood flowed very copiously from the heads of several people, whose hats were struck off in that manner. I was forced back by the pressure of the crowd again towards the constables, and up towards the higher part of the houses that form Windmill-street; while there, I saw some of the people forced into the cellars of the houses in Windmill-street; the iron railing being broken down. I was forced into a back yard at that time. A great many constables followed us into the yard, and struck us with their truncheons. We escaped over a fence in the back yard, and then I saw the cavalry making after the people, who were attempting to escape that way. It was into a brick-yard I got, after mounting the fence. I returned again, and, on coming upon the field within 10 minutes after having been forced away from it first, I met an old man, whom I knew, his forehead bleeding profusely, from what I thought to be a sabre wound. After I saw him, I repaired towards the place where I had first stood, either to

We

get my own hat, which I had lost, or else another. I then observed, that most of the people had fled, and that the constables were striking aged and infirm people who could not get away from them. I had no stick with me on that day, though I had used one, having had an illness of rheumatism for several months before. I left the stick after me, having heard that people were to attend the meeting without any kind of weapon whatever. Cross-examined by Mr. Starkie. I disapproved of the drilling entirely, never attended a drilling, and persuaded others to keep away from such things. I thought them the work of some incendiaries. I never had the curiosity to go to White-moss, or those places. met a little after eight o'clock in the morning of the 16th of August to go to the Manchester meeting; that is, we then set out from our townships, perhaps about 5 or 6,000 in number; there was one bugle, or some instrument of that description. I never heard the sound of the bugle on Saturday nights before this affair-I can swear positively I never did-nobody commanded our division; we had no commander. When the parties met at Oldham, it was arranged that they should proceed by the sound of the bugle, and they marched and stopped by it on the road accordingly. There was a fife or two, and one drum I believe. As we left Oldham, the colours were flying, and drums and fifes playing. We first halted that day at Failsworth, where we were joined by the division from that place. The bugle sounded again, and all went on together to Manchester, each division being distinguished by its colours, marching five or six abreast. We halted in

the neighbourhood of New-cross, at Manchester, where some of the sticks, I cannot say all, were thrown away. We went along Swan-street, by the Exchange, and up Dean's-gate to St. Peter'sfield. I know now, but did not then, that that was not the nearest way to the place. I believe they took the way out of ignorance, and I fancy it was the most crowded part or most populous neighbourhood of Manchester.

Joseph Brierley.—I am a hatter living at Oldham, and went with my townsmen to St. Peter's-field, on the 16th of August, and was placed five yards on the Dean'sgate side of the hustings. I saw no constables so as to know them, until the cavalry came up, for I was inside the hustings. I heard the cry of the cavalry coming up, before I saw them. I first saw them about 80 yards at the other side of the hustings. They were coming up 2 or 3 deep to the hustings, and in a trot. I saw them making havock, and cutting; and cries of murder, shame, and scandal, came from every side. I was driven back at that time towards Dean-street, about two cellars from the Windmill public-house. I saw the cavalry close at me, when I was forced into a cellarhole, by the breaking of the railing; they had passed the hustings then, and I heard cries over me of murder, while women were tumbling, and mountains of people lying on me, as it were, in the cellar, where I was blockaded down.

Joseph Hindle-I am a weaver, at Little Bolton. I was present at the meeting at Manchester, on the 16th of August. The meeting was peaceable. The Manchester yeomanry, when they got near the hustings, began to form a circle,

and to cut with their sabres. I was wounded on the right arm. I endeavoured to get away, but could not. The yeomanry cut at the people who were near their horses. An old man was cut across the head, and the blood spouted into

my breast. The yeomanry then drew back so as to let those, who were able, go away; and I retired. I saw no stones thrown at the yeomanry. The people could not stoop to pick up stones. I saw no resistance made to the military.

Cross-examined by Mr. Serjeant Cross.-I went from Bolton that day, which is 12 miles from Manchester. About six or seven of us set out from Bolton together. I had no intention of going to Manchester until that morning. The distance was too great. I never was at a meeting before.

William Cheetham. I am a weaver at Little Bolton, and attended the meeting at Manchester on the 16th of August. The meeting, as far as I saw, was quiet and peaceable. None of them were armed. I saw the Manchester yeomanry just as they got up to the hustings. I saw them strike the people with their swords.

Mr. Serjeant Hullock here observed, that not one of these witnesses had shown, that the defendants were on the spot on the day in question.

Mr. Justice Holroyd said, the proper course for the plaintiff's counsel to pursue was, to give evidence as to the trespass in the first instance. A plea of "not guilty" had been entered, and, unless the trespass could be shown, the evidence was useless.

Mr. Serjeant Hullock said, it was necessary to prove that the defendants were present on the occasion to which the plaintiff re

ferred, before evidence was given of what was done at the place mentioned in the record.

Mr. Justice Holroyd.-Evidence being given to that point, generally, it would then be matter for the jury to consider what part of the testimony, on other points, applied to each of the defendants.

Mr. Evans said, the counsel for the plaintiff had a right to marshal their case as they pleased; and that right they would not give up

now.

Mr. Justice Holroyd. You ought, in the first place, to show the trespass, which has been met by a plea of not guilty. If the trespass be not proved, the rest of the allegations must fall to the ground.

Mr. Evans.-I will put an end to this objection presently, by calling witnesses to prove that one of the defendants was present.

Examination continued.-I do not know Meagher, the trumpeter; but I was severely cut by a trumpeter.

Mr. Justice Holroyd. The present action is for a compensation in damages; and what is done by unknown persons cannot apply to the defendants.

On the next witness being called, Mr. Justice Holroyd asked whether he would speak to the trespass?

Mr. Evans said that he did not call him for that purpose. He would show in due time that one of these defendants was present that they all came into the field together that the plaintiff was wounded by one of them, and he would contend that they were all answerable for their common act.

Mr. Justice Holroyd said, that the plaintiff's counsel must show the trespass in the first place.

Unless that was proved, it was of no consequence what else occurred at the time and place specified.

Joseph Prestwick was then called. I am a weaver, and live at Droylsden, near Fairfield, about five miles and a half from Manchester. I know Alexander Oliver and Thomas Redford. I have known the latter about 15, and the former about 10 years. Oliver was one of the Manchester yeomanry cavalry. I saw him and Redford on the field on the 16th of August, 1819. I saw Redford cut, near some timber at the Quakers' meeting-house. That was on the other side of the street from the hustings. I did not see Redford's face before he was cut. I turned suddenly round, when he received the cut, being surprised at the cavalry coming down so sharp. I saw Oliver within about 30 yards of the hustings. It was he who wounded Redford. He struck him on the shoulder, and I expected, when I saw the sword go, that he would have taken off one side of Redford's head. I endeavoured to get away, for fear of the same treatment. I saw many other of the cavalry acting in the like way.

John Davenport examined.-I am a weaver at Stockport, and attended the Manchester meeting on the 16th of August. I went there alone about 11 o'clock, and saw the Manchester yeomanry, when they came within four yards of me. I ran towards the hustings, and the yeomanry came round them. I saw an opening near the yeomanry, and I tried to make my escape out, when I was struck by one of the cavalry.

Mary Dowland examined by Mr. Evans.-I was at the meeting of the 16th of August, 1819.

knew captain Birley, one of the defendants, many years ago. I saw him on horseback on the ground that day, dressed in his regimentals. I knew Meagher, the trumpeter, also. The cavalry were with captain Birley on that day, and he appeared to command them. Meagher had also his regimentals on; he was a tailor by trade, and a trumpeter in the corps. The meeting was as peaceable as this court is at present; I dressed 14 wounded men on that day in my own house.

Cross-examined. I left the meeting, when I found the yeomanry cutting and murdering the people. I do not remember all the meetings; but I remember the 16th of August, for my house was more like a slaughter-house than a Christian's house, with the wounded I assisted in dressing on that day. I was not hurt, but my murder was prevented by a soldier of the 15th hussars putting up his sword against young Tibbott, the tallow-chandler, who wanted to murder me.

S. Dawson examined.-I attended the meeting of the 16th of August. The meeting was peaceable. I saw the Manchester yeomanry come to the ground, and surround the hustings. They then began cutting the people and trampling on them, and I made the best of my way off. I saw a great many cut and wounded: one young woman with her hand cut off near the wrist. I went over towards Rogers's-row; where I and another ran into an entry; Mr. Withington (one of the defendants) followed us; and presenting his pistol up the entry, swore, if we would not come out, he would blow our brains out. I saw no stones thrown.

G. Burgess examined by Mr. Blackburne.-In 1819, I was one of the yeomanry cavalry, and belonged to captain Birley's troop. Mr. Moon was lieutenant, but Mr. Withington did not belong to the same troop. I saw Mr. Withington on the ground that day; I saw Meagher also there; but I cannot say I saw Oliver. I joined our corps in Pickford's-yard, and then accompanied them to the place of meeting; but captain Birley joined us in Mosley-street previously. We formed opposite Mr. Buxton's house; but whether it was captain Birley or captain Hindley who led us to the hustings, I cannot say. I saw no stones thrown, nor any thing else in my way to the hustings. There was no forcible resistance made to us, until we surrounded the hustings. When the orators were taken away, for a little time there were stones and bricks flying in all directions, and I received a hit on the right leg. We rode up with drawn swords, and nothing was done with them before we got to the hustings. Then I saw swords up and swords down, but what was done with them I cannot say. The stones were not thrown until after that. I cannot say whether people were wounded or not.

Cross-examined. I never was turned out of the corps, but I gave up in December, 1819. I am a coachman and guard at present; and, previously to the keeping of a public-house, I was a gentleman's servant.

John Hamer. - I live near Bury, and am a weaver. I went to the meeting of the 16th of August. I was at the Dean's-gate side. The people were very quiet when the yeomanry broke in upon them. I saw no stones thrown, or