NOTTINGHAM COMMISSION.

WE mentioned in the second edition of our last Number, the trial and

. conviction of a young man named George Beck, as concerned in the destroying and burning of Burton Mill ; and his recommendation to

, mercy, on the ground of previous good character, and because the prin- cipal witness, one Dodsley, had himself been among the rioters. On Saturday, three men were tried for the same offence. The chief wit- nesses were Dodsley, and a lad named Slater, a notorious thief and liar, who had been turned away in succession from four places for his mis- conduct. One of the prisoners, named Hearson, produced five wit- nesses, who clearly established an alibi; nor was their direct testimony at all shaken on cross-examination. The prosecutor for the Crown then called evidence to show, that in his first examination Hearson had given a different account of himself from that which be then sought to

; establish ; and the Jury, apparently on this evidence, fouud him, as well as his companions, guilty. ' In the course of this trial, Colonel Thackwell, of the 15th Hussars, mentioned his dispersing the mob, some of whom called to him that he . was acting illegally, as he had no magistrate with him: On this point, Mr. Justice Gazelee remarked, in summing up, "that it was a mis- • take—common, be admitted—to suppose that a soldier must have the orders of the .civil power before he could legally interfere to put down a

- riot. A. soldier was no less a citizen because he Was a soldier, and it

- was the duty of every citizen to use his best endeavours to prevent the commission of a felony. Yet he would say, that the greatest caution was to be used that the soldier should not interfere at air improper time ; but still, in cases where it was necessary, soldiers were autho- rized to net without a magistrate."* On Monday, four more men were tried for the burning of Burton Mill. In addition to Slater, a worthy of similar character, named , Booth, was produced, who swore positively that John Foreman, one of . the prisoners, set fire to the mill. He also swore to Linley, another of the prisoners, breaking the machinery. Foreman and Linley gave each • aminute and circumstantial account of their conduct on the morning of the affair at Burton, and called witnesses whose evidence bore them distinctly out. It appeared that Booth had been "scuffed" by both of them for misconduct, and had said he would be revenged on them. They were acquitted ; the other two men were convicted. Four men who were tried for the same offence. on Tuesday were acquitted. The chief evidence against them also was the boy Slater. He was cross- examined by Mr. Hill.

He was obliged to admit that he was turned away from the Blue Coat School, and from four places in which he had lived, because the master of the Blue School, and the four masters with whom he had lived, had all accused him of theft. He was quite sure that King, one of the four prisoners, was in the mob. He was as sure that King was in the mob, as he was that Foreman was there.

Mr. Hill—" Did you tell the Jury yesterday that Foreman was there?"- - " Yes."

Mr. Hill—" Did the Jury believe you ?"—No answer.

Mr. Bill—" Have you heard that Foreman was acquitted ?"

Mr. Gurney objected to this question. • Mr. Hill—" Why, you have told me all along that you would admit any fact, Mr. Gurney. Will you not admit that Forenian was acquitted ?" Mr. Gurney was ready to make that admission ; but he must object to the taunting mode in which Mr. Hill had put the question. He (Mr. Gurney) did not deserve it.

Mr. Hill said he did not expect to be tied down, as he was, to the strictest rules of evidence, in a case where the lives of so many men were at stake, and where there was so formidable an array of counsel for the Crown against them. . Mr. Clarke—" Yes, and where they are defended on the other side by a eommittee !"

Mr. Hill—" A committee! and why not? When all the power of Govern-

ment is brought to bear against poor, and wretched, and ignorant men, it would . be a disgrace to the town of Nottingham if its respectable inhabitants did not forth a committee to see that justice was done to their fellow-townsmen, who _are placed in such jeopardy for their lives."

Another witness, produced in corroboration of Slater's testimony, also experienced a searching cross-examination. He said— "I was a stayer' in Lord 31idd1eton's employ, and had from one hundred to • The common mistake will not be greatly cleared up by the remark, that soldiers _are authorized to act where it is necessary—every man, soldier or not soldier, is autho- , rized to act where it is xecessary ; the puzzle in such cases is to show the necessity. In . despite of Mr. Justice Gazelee's dictum, we will venture to assert, that the "twelve cod men and true" will, in all cases where soldiers take upon them to act, deem the instructions or thel prese-ce of the civil magistrate the only certain proof of the adleged necessity. one hundred and fifty men under me. I was afterwards made a 'Nifty.' don't know why they made me a butty.'. I worked under Lord Middleton for thirty-five years, and I don't know whether I was a butty ' fur twelve months, a month, or a week. I was a 'Luny' for more than a week., or even thaa a year. A kitty ' has not so many men as a 'stayer.' The stayer is the head man. I never was told why I was made a butty.' I was at last discharged altogether from Lord Middleton's works. I can't tell why." Mr. Did they never tell you that you were a drunken fellow ?" Witness—" If they did, it's a small fault ; and I own I like a cup of good ale."' Mr. Hill—" Have you drank any thing to-day ?"

Witness—" Yes ;. I have had a good breakfast, and I wish I may get as good a dinner."

Mr. What have you drank to-day ?" Witness-44 Half a pint of ale." Mr. Are you drunk now ?" Witness—" I think not ; look at me and see." On Wednesday morning, the nine men charged with the attempt to burn Colwick Ban were put to the bar. Charles Berkins, Valentine Marshall, and Thomas Whittaker, were first tried. Mr. William Musters, son of •Mr. Musters of Colwick Hall, was first examined.

" I remember the 10th of October. I saw a mob coming through the park, and ap- proaelt the house. I came from the house and met them. I can't say how many them were, but they extended from the hoUse to the park-gate. I spoke to them, and kolas' they would go away quietly. . Some of those behind reached over those in front, and struck at me, and pelted me. I received a severe blow on the arm. I then retired. My mother, and my sister, and a young lady who was staying with us, were in the house at the time. The mob then advanced to the house, and commenced by throwing up stones and breaking the windows. They then attacked the shutters in different parts of the house. Many had spikes they brought with them, and they tore some from our iron railing. My mother* and sister were in the drawing-room when the mob came. The mob began to break and destroy every thing they could lay hold of. The rooms they entered scorethe drawing-room, miuwand my brother's sitting-room, my mother's bed- room, and my father's bed-room and dressing-room. The furniture in. all of those rooms was destroyed. When the mob came in. I went to my mother in the drawing-room. and told her the mob were coming, and that it was impossible to say what they might do. My mother and sister and the young lady went into the ball-roam, andtIonz thence in a short time they went and hid themselves under the laurels in the shrub- bury. The mob set fire to the house in several places. I saw the marks of the fire in several rooms. They took the bed furniture in my father's room and threw it on the fire. My mother's room was also on fire, but the amount of the damage done to the rooms themselves was not very great. My mother had some jewellery, which was taken away. I lost a gold chain. There was a gold comb taken, belonging to my mother. The mob were in the house nearly an hour. It was about five o'clock when they came; and about six, and very nearly dark, when they hit. Alter my mother and, sister left their concealment under the laurels, they went to the stable. They slept that night in the rooms over the stable, as they were afraid to return to the house."

Several witnesses were examined to show that the prisoners had been present and active on the occasion of the riot and attack on the house. One witness 'swore, that Berkins took off his shirt, set fire to it, and threw it below• one of the beds. Another witness gave evidence to hisr. having no shirt "on in the evening of the day of the riot. On behalf of Berkins,anumber of witnesses were called to prove that he had a shirt on at a late hour of the night ; but their testimony at the trial and before, the Magistrate seems - have varied considerably. The other prisoners. severally attempted to establish an alibi. The brother of one Milks, the chief witness for The prosecution, described him as unworthy of be- ing believed on his Oath. The Jury, however, after a deliberation of a few minutes, found all three prisoners guilty.

* Mrs. Musters is the far-famed Miss Mary Oh:worth, the lady so much admired in. early life by Lord Byron.