SPECIAL ASSIZE, DERBY. Friday, 24th October, 1817. George Weightman was set to the bar. Henry Tomlinson, sworn. Examined by Mr. Serjeant Copley. Q. You are a farmer I believe, and live in Southwingfield Park? A. Yes. Q. Do you remember on Monday evening the 9th of June, any person coming to you from Hardwicke's house? A. Yes. Q. At what time in the evening was that? A. When he came to our house it might be about a quarter past nine o'clock. Q. In consequence of what he told you, what did you do? A. I locked up the door and went out into the yard. Q. Did you go alone into the yard, or did any person go with you? A. My wife went with me into the yard. Q. After you had got into the yard, did you perceive any persons coming towards the house? A. Yes. Q. About how many might there be? A. There appeared to me to be between thirty and forty. Q. Were they armed or unarmed? A. They were armed. Q. What with? A. Some with spikes and some with guns. Q. What did they first do? A. They went up to my door and began for to rattle. Q. What did you do upon that? I A. I went up to them, and asked them what they wanted. Q. What did they say? A. That they wanted me and my gun. A. I told them they must have neither. Q. What did they say? A. I told them that the gun was not at home, it was gone to Ashover to be mended. Q. What did they say to that? A. They said I must open the door, or they would break it; and I must find the gun, or they would search the house. Q. What did you do upon that? A. I opened the door and there were two men that followed me in, the captain and another man. Q. When they were in the house what did they do or say? A. They said they would have the gun, and I went into another room to fetch it out. Q. Did you bring it to them? A. Yes, I brought it into the house, and the captain demanded and took it. Q. After they had taken the gun did they go out? A. Yes, he went out of the door and took the gun with him; and I followed him to the door, and stood at the door. Q. While you were standing at the door did they say any thing to you? go and all." Q. What answer did you make to that? A. I told him I would not; he said "You had better go while to-night than stop till the morning," that there was a great gang coming from Sheffield, and a great cloud out of the North that would sweep all before them. Q. What did you say to that? A. I told him I would not go; he presented his gun and swore he would shoot me if I would not go; I told him I would go a little way, but it should not be far. Q. Was any thing said about Nottingham? A. Yes. Q. What? A. He said they were going to Nottingham, and they should be at Nottingham by half-past eight or nine o'clock, I am not sure which. Q. Was any thing said about London ? A. Yes; he said they should not need to go further than Nottingham, for London would be taken by the time they got thither. Q. Did they force you to go with them? A. Yes, they did. Q. Were any arms put into your A. Yes. Q. What? A. They gave me a spike. hands? Q. On their giving you a spike what did they do? A. I asked them to let me have my own gun and they would not, they said they would make me carry a spike. [Several pikes were produced and laid upon the table.] Q. By a spike, what kind of instrument do you mean ? A. Like that. (pointing out one of the pikes.) Q. Was the prisoner George Weightman among the party? A. When we went down from the door, he was in the yard. Q. Had you known him before? A. Yes. Q. Which way did the party proceed? A. They went as if they were going for Nottingham, I suppose. Q. When you say you suppose, I want to know whether they went in the direction towards Nottingham? A. Why it is not a direct turnpike road to Nottingham. Q. Would it lead to Nottingham, going in that way? Q. Did you go on the same way. A. Yes. Q. After you had gone on some little way, speak to George Weightman? did you A. Yes; I spoke to him before I went out of the yard. Q. What did you say to him? 4. I lit upon him in the yard, and asked him," Are you one?" and he said "Yes." Q. Upon his saying "yes," what did you say to him? A. I told him, I thought it was a very hard case to take me, and leave my wife by herself in such a lonely spot. Q. What further did you say? A. He said it was a hard case; I must go a little bit, and I might turn again. Q. How far did you go? I could guess. A. About three hundred yards, as near as Q. When you had got three hundred yards, what then happened? A. He gave me a bit of a nudge, took my spike, and bid me to turn again. A. Yes; Weightman was a friend of mine that night, or else I should have fared worse. Q. Had you known him for some time? A. Yes. Q. You went home then? A. Yes. Cross-examined by Mr. Cross. Q. How long have you known him? A. I should think I have known him for these ten or a dozen years. I have no great acquaintance with him, you know. Q. You have known him from a child? A. No. Q. About what age was he when you first knew him? A. I cannot justly say. Q. He was a boy at that time, was not he? A. He was grown up a man when I knew him. Q. How far did he live from you? A. About three miles. Q. I am told you have had an opportunity of knowing his general character for some time past? A. Why yes; I never heard any thing particular against the man while this broke out; the man always seemed a very civil and decent character, for any thing I heard. Q. Was he a quiet and peaceable man? A. Yes; he always appeared a very civil man; a man always very civil when he came to me. Mr. Henry Bestwick sworn. Examined by Mr. Gurney. Q. I believe you are a farmer residing at Southwingfield Park? A. Yes. A. On the night of Monday the 9th of June, was your house attacked by any party of people? A. Yes. Q. At about what hour? 4. About half past eleven o'clock. Q. Was your house broken open? Q. Were any arms taken? A. Yes. Q. What? A. A gun. Q. Had you before that time heard any thing from the prisoner of what was to happen? A. Yes, we had had a conversation upon the subject. Q. On the Saturday before that Monday, were they do ing work for you as sawyers? A. I had been much alarmed from the conversation that had been regularly spoken of for some days before. Q. In consequence of that alarm, did you say any thing to the prisoner and his brother ? A. Yes; he and his brother were sawing timber for me; it was intended for the roofing of a building that I had. I |