For Towneley, it was alleged that he first fled from his own house to avoid the militia, and that in his flight he was taken by rebels and kept under constraint in Preston, whither he had sent horses and servants for safety. This statement was treated with scorn by the king’s counsel, especially the idea of his flying _from_ the king’s forces to find refuge with traitors. The answer to this――that a Romanist under suspicion was exposed to loss of property and freedom――was but a poor one. It was more successfully established that the man in the red waistcoat who rode at the head of the Towneley troop, blunderbuss in hand, was one Leonard. It was reasonably suggested that the rebel leaders called troops by the names of wealthy landowners, to give dignity to those companies; and that, in such cases, the consent of the gentlemen was not asked. For Tildesley, Sir George Warrender swore that he was an inoffensive person, not given to speak against King George. Tildesley’s housekeeper deposed that he was carried away from his residence by rebel forces, against his inclination; and the owner of the house in Preston where Tildesley lodged, testified that he had expressed dissatisfaction at the manner of his coming there. Further, that female attire had been prepared, and a horse was about to be hired, in order to enable him to escape. This statement elicited an observation from the opposite side, to the effect that, doubtless, when the fatal end of the affair at Preston was imminent, very many of the rebels would have been glad to have had disguises and horses to facilitate their escape. The prisoners were tried separately. The judge, in both cases, summed up vigorously for a conviction. The jury, after half an hour’s consideration, found Towneley ‘not guilty.’ They hardly considered at all in Tildesley’s case, but acquitted him at once. The Jacobites in court shouted! The judge could hardly contain himself for indignation. Mr. Baron Montague protested that all good subjects would be lost in amazement at finding that rebels, who ought to be convicted, could actually find favour. The angry baron pointed out, not without force, that five men who had followed Towneley and Tildesley into making war against the king, had been hanged for it in the country, and yet the two who had drawn them into it, were allowed to escape! Such a jury was no longer to be trusted with the lives of alleged traitors, and that judicial body was ignominiously discharged. [Sidenote: _THEIR ACQUITTAL._]