i cular answer, but said, "The charge was taken down wrong at Manchester." Mr. Richard Walker then put this question to him, "How could you, when you say "you wished my brother so well, be prevailed upon to accuse him so wrongfully?" to which Dunn answered, "that's a very cross question." The same question was put again by Mr. Richard Walker, to which Dunn said, "I want Mr. Walker to forgive me, and I will do "him justice hereafter. I wish you would get a constable "to take me up, and let me be tried." Mr. Walker then said, "you admit you have done me an injury ?" to which Dunn replied, "yes, I have, every person knows it, except "Yorke. What I swore in my first examination, and at Lancaster, were very different, not at all alike. I was "called before the Grand Jury three times; I will never go to Lancaster at the assizes, and let Griffith and the "rest of them do as they please, and be damned." Mr. Richard Walker repeated this question to him, "Who in"stigated you to do wrong?" Dunn said, "I won't answer such questions.' I then asked him what day he had charged the offence as committed? His answer to me was, "between the 28th and the 30th of January 1793.” Dunn then, of his own accord, speaking to Mr. Walker, said, "What shall I say to you, I have done you an injury, "and I am sorry, what can I say more.' I then said to him, "who set you on?" Dunn answered, "I know I "behaved ill, I WAS BRIBED TO IT, THAT IS "PLUMP; but I won't tell who did it, that shall for ever "rest in my own breast." After the above conversation was ended, which I took down verbatim, in question and answer, Dunn left the room. Thomas Dunn called up again. 66 Mr. Justice Heath. Well, Dunn, you have heard this evidence; did that pass, or any part of it? Dunn. No, nothing at all-yes, something of it passed. A. I went there when I was intoxicated, the same as I am now. Mr. Law. Have you been out of the court? A. Yes, I have. Mr. Justice Heath. How long have you been intoxicated? A. Not very long; I have my recollection about me, though it may seem to the court that I may be ill, or may not. Mr. Justice Heath. Were you intoxicated when you gave your evidence just now? A. I was not. Mr. Justice Heath. You have been intoxicated since then? A. Yes. Mr. Law. How much of that conversation is true? there is some part you say is true. A. I was at Mr. Walker's house about a fortnight hence; I went in to Mr. Walker; I was brought in by a constable of Manchester, and upon that I met Mr. Richard Walker, brother to Mr. Thomas Walker. Q. What is the constable's name? A. One Twiss. Mr. Richard Walker asked me, Dunn, don't you recollect that you have done an injury to my brother? or to that purpose; well, says I, upon the first examination I lodged the first indictment against him. Mr. Justice Heath. Has any body been with you, while you were out? A. No. Mr. Erskine. I should be glad to trace where he has been -I don't believe he has been out of court. Mr. Justice Heath. Where have you been? A. I have been down the town. Mr. Serjeant Cockell. He was told to stay in court. A. Below the change; I don't know the house. Mr. Justice Heath. Is it a house you frequented before? A. Yes, Mr. Erskine. Who dined with you? A. The man's name is Foster. Q. Any body else? A. Yes, Mr. Sidebottom. Q. Who else? A. Nobody. Q. Who are Sidebottom and Foster*? Mr. Law. You say Mr. Seddon and Mr. Duckworth were by at Seddon's house? A. No, he was at Mr. Walker's; all that passed, was this; he brought me, this Twiss, he intended to take me in, and to bribe me over; he gave me some money upon it, on Mr. Walker's account, drunk or sober I will speak the truth? Mr. Justice Heath. I don't know how we can examine a man that is drunk. Mr. Law. What was you to do for that money? A. To go out of the way, and not appear here at these assizes. Q. Did * Foster and Sidebottom were in the list of witnesses for the Crown, delivered in Court at the commencement of the trial, by the attornies for the prosecution. 2. Did you beg Mr. Walker to sit along side of you, and say you would esteem it as great an honour as if George the third did? A. I never said that, upon my oath. Mr. Justice Heath. How can you Mr. Law examine him, after he has told you he is intoxicated? He has made himself so exceedingly drunk, it is impossible to examine him. Mr. Erskine. He denied positively he had ever been at Mr. Walker's, or was ever lured by any body to make a confession. Mr. Law. Did you ever confess that the charge you made against Mr. Walker, was unfounded and false? A. Never. Mr. Erskine. Then what this gentleman has said, is false, is it? A. I do not know, when was that? Mr. Seddon. On the 18th of March. Mr. Law. Did Twiss bring you there upon that occasjon? Dunn. Yes. Q. Is he in any employ for Mr. Walker? Dunn. He was employed five months upon this busi ness. Mr. Erskine. Hear this read over, and stand up, and remember you are in the presence of God. (Mr. William Seddon read his notes again.) Mr. Erskine. Is that true? A. No, I never entered into any part of the house, only the door, and which was just opened for me. Mr. Erskine. Mr. Seddon is swearing falsely, is he? A. I cannot tell what he may do; he is swearing false, if he swears that. Mr. Erskine. Did you go down on your knees, and cry for ten minutes? A. You may as well tell me that I am a woman. A. No, all he asked me, all I told him was this-Did not you lodge an information, so and so, and some particular words; you were drunk; I said, I will correct it next morning, that is all that ever happened. Q. You never said, you had wronged Mr. Walker, and went down upon your knees? A. I never did. Mr. Mr. Duckworth (called again). Cross-examined by Mr. Law. Q. Was you present, when this man, Dunn, answered the questions put to him, in the manner Mr. Seddon has sworn just now? A. I was. Q. To the best of your memory and recollection, is the account that Mr. Seddon has given of it, the truth? A. I looked it over, and it agreed with Mr. Walker's, Mr. Richard Walker's, and my recollection. Mr. Duckworth. Re-examined by Mr. Erskine. Q. I ask you (though the attorney for Mr. Walker, you are a Christian, I trust)-I ask you in the presence of God Almighty, is it true or false? A. It is true, Mr. Duckworth. Cross-examined by Mr. Law. Q. How came you all there, and how came Twiss to bring this man? A. Mr. Thomas Walker and I had gone up to Mr. Seddon's. Mr. Jackson I think was there when I went in. Mr. Seddon was in his office. When we had been there a few minutes, Mr. Richard Walker came in, and said a message had been sent to his house, that Dunn wanted to go to Barlow, to see his brother Mr. Walker: we agreedthat Mr. Jones and Mr. Ridgway junior, who had nothing to do with the prosecution, should be requested to be present to hear what passed. Mr. Seddon and I followed after. Q. Do you think it professionally proper, when you knew that an indictment was found upon the testimony of this witness, and that he was to be the witness to sustain it at the next assizes, for you two, the attornies for the de fendant, to have him alone with you, without any person on his behalf, and to examine him in this manner? A. We thought it fitter that he should say what he chose to say, in the presence of some other person, than Mr. Seddon and myself; and, therefore, we desired Mr. Jones and Mr. Ridgway, two gentlemen of unimpeachable character, to be present. I did believe Dunn had perjured himself, from the knowledge I had of the cause; therefore, I thought I thought it right, that what he chose to say, as a confession of his guilt, should be heard. When Mr. Jones, and Mr. Ridgway, had heard what he had to say, and had been gone from Mr. Richard Walker's about half an hour, there was a knock at the door, Dunn came in again alone, then Mr. Seddon and I, from necessity, and not from choice, went into the room. Q. Had Mr. Jones and Mr. Ridgway taken his examination? A. They had about half an hour before this time. A. No. Q. Did you employ any body to bring him to you? Q. But when a man had sworn falsely against Mr. Walker, you thought it right to hear his confession of his guilt? A. I did I thought he had perjured himself. Q. Dunn says, that Twiss does work for Mr. Walker? A. I never heard that he did. Mr. Walker. Dunn said, Twiss was employed by me in this business. Mr. Law. A man who is ed by you. your fustian-cutter, is employ John Spink (sworn). Examined by Mr. Serjeant Cockell. Q. Have you any acquaintance with Mr. Thomas Walker? A. I have none at all. Q. He is a gentleman who is a perfect stranger to you. A. Yes, I only know him by sight. Q. Have you any acquaintance or connection with him? A. None at all. Q. Do you know a man of the name of John Twiss? A. Yes. Q. I understand he and you are neighbours? A. We are. Q. Did you happen on the 18th of March 1794, to go to Twiss's? A. I did. 2. Was that matter of accident? 4. It was an accident. Q. Who did you find at the house of Twiss?" A. I found Thomas Dunn. Q. That man behind you? A. Yes. |