Star. — London, England, 1821-09-12 00:00:00

-- to go, oi a good deal of apparett t contradiction ; but whe n i t is recollected that the parties spoke only of what they saw, and that many of them came up at different pe riods, the contradictions may be reconciled." He then c ommenced the recapitulation, which he continued to read till seven o'clock. At that hour, the Jury re tired for about half an hour to take some refresh- v ent. On their return, the reading of the evidence was resumed. The whole of the evidence was gone through by half-past nine o'clock, which was much earlier than it was generally expected, considering . that the depositions of not fewer than ninety.four wit nesses weie to be read over. Towards the close of the reading, the Coroner appeared not a little fa tigued from the exertion. As soon as he had con tluded the evidence, he thus addressed the Jury: Now, Gentlemen, we have got through the evi dence, and it is necessary to consider what was the order and course of the transactions which form the subject of our inquiry. I perceive that you have all taken full notes of the circumstances as they were given in evidence ; and if, in the course of the re marks which I shall offer, I state anything wrong, you will have it in your power to correct me. From the cause I have just stated, it will not be necessary for me to go into detail upon the whole of the case. I shall take it up at the evidence of Sir Robert Baker, who was present at a very early period of the Pro cession. From his evidence it appears, that he came up to Kensington, and there he found that the Fune ral was o bstructed in its passage. How, or by whom, it is not necessary for us now to inquire. We do not know the parties by whom it was made; but who ever they were, they most undoubtedly acted wrong. It was acting wrong to obstruct the King's highway, which, according to the evidence before us, we find to have been the case for two hours. This was the first of the transaction to which our attention has been directed ; and upon it I must again observe, that the conduct of those who caused the obstruction was wrong. Sir Robert Baker joined the Procession here. He was sent in consequence of the obstruction, and of course he came with the view of giving the aid of the civil power towards the removal of the ob stacles which were opposed to the Procession. When he came, he found the passage shut tip, and he en deavoured, as we know, without effect, to carry the Procession forward in the appointed route. In this he was opposed by the people, who wished that the Funeral should take another direction. The Horse Guards joined then, and endeavoured to force the way, but that was also found ineffectual. They were pelted immediately by the populace, in such a man ner, that Sir R. Baker did not wish to continue the attempt longer, as it was probable that a further np position of force would be productive of very serious consequences. He therefore ordered the Funeral to move on the other way. Notwithstanding the repeated attacks made upon the soldiers in this place, we find that no serious accident occurred.— One man was hurt, but that not severely, and some others got themselves covered with mud and chit in the crowd, as might have been expected iii such a place, and in such weather. The Procession then moved on towards Hyde Park-corner, and on the way we find that Sir Robert Baker was spoken to by sonic persons who pointed out to him that it would be dangerous not to allow the Procession to move on in the line which the people seemed so much to desire. All who know Sir Robert Baker, know that he is a Gentleman of a mild temper. He is a man of a large family of children, and he did not wish to see any injury done which might in any way be avoided.— When be came to Hyde Park-corner, be saw that the passages leading off to the original route were blocked up, and that it would be difficult to clear them. It should be recollected here, that Sir Robert Baker did not attend as the director of the Procession. He had nothing to do with the original route. He was only there to keep the peace; for if he had had the con duct of the funeral from the commencement, it must be presumed that he would have joined it at a place three miles farther back than that at which he first met it. But though he had not the conduct of the route originally, yet, seeing the obstructions which were made to its going by the Park, or in any other way than towards the City, and being spoken to by some persons as to the risks which would attend its passage by any other route, he did consent that it should go by Carlton House, and down by that way to the City. But the Gentleman who had the super- intendance of great pat t of the funeral arrangements, Mr. Chittenden, would not have it go by that way ; and by his directions it was turned into the Park.— Sir Robert Baker being at that time advanced into Piccadilly, the Guards followed it in, believing, as you have heard, that they were then following Sir R. Baker. When it was found that it had gone into the Park, the people, who expected that it would go a different way, were very much disappointed ; there is ao doubt about it. A great many of them followed it through the Park, and many got round to the other gate (Cumberland-gate) by different ways.— There they endeavoured to shut the gates to prevent the Procession from coming through, and the soldiers ulto were stationed there endeavoured to keep them open. Now, it appears to me, that the soldiers were acting quite right in endeavouring to open the gate. The Park is the property of the King as much as my kase is mine; 'and a man's house being his castle, no Person has a right to enter it without his consent. —The Park is shut partially every night, and 1 4 person has a right to open the gates without the unction of those whose duty it is to attend them. It my man enters the house of another against his con sent, be must be considered as an intruder ; and as lunch force may be lawfully used as is necessary to expel him ; and if he resist, that force may be pro lursinned so as to overcome that resistance. This is the law of the l an d, as it appears to me. The case, take it, is the same with respect to the Parks, and morel c once i ve t h at t h e so ldi ers we r e fully justi fied in using force to keep possession and to have the that eontumed open . I t s h ou ld b e remem b er ed also, they Were chosen promiscuously. They were as Pan of the Guard, and not selected for the occasion. They were acting in discharge of an im perative duty. They could not, therefore, be supposed to have any malice against the immense crowd by which they were Opposed. It is impossible, as it ap- I,s to me, that they could have any malice afore- Thought —any determined evil intention against the !ries %silo might possibly obstruct them in the dis charge of their duty, and, Gentlemen of the Jury, such motiv e most be proved to exist before they can be con wdered criminal for any of the.acts which they did ou that occasion ; and here, Gentlemen, I will just read' for you an extract from a work which I have got here. It is a book, written on the subject of a Comner's duty, by Umfreville. Speaking of the motives by which parties might be influenced to the commission of homicide, he mentions " envy, hatred, and ma lice;" and of these he says, " envy, hatred, and ma lice, are distinct passions of the human mind. The first is to be grieved at the happiness of another.—o The second is tra inveterata, which is the settled lia tred of one man against another, and to such a degree as to carry a man to attempt the life of that, person; and the third (malice) is a feeling from which he who harbours it may be supposed to design to do ill to some individual, by which he is guilty of a great crime." I shall also read to you, Gentlemen, the opinion of a very worthy man, my predecessor in office, on the subject of malice in cases of homicide ; he says, that " malice is not to -be viewed lightly; that malice is a wicked, depraved, and malignant spirit, or heart lost to moral duties, and violently bent on mischief, and this is a passion from which, if death ensues, the party inflicting it is guilty of felony without benefit of Clergy ;" and he adds, that in all cases of ho micide a great allowance should be made for human frailty. Now, Gentlemen, it will be for you to say, whe ther you believe that the soldiers who acted on the oc casion in question were influenced by such motives as I have here read to you. The Guards are, I may say, some of the bravest soldiers in the world. They were drawn out to perform an irksome duty ; they were there acting against their fellow-citizens, who were, also, unarmed ; and can we suppose they could possibly have been influenced by any malicious mo tive against them? They were kept at the gates to do a duty which they were obliged to perform, and in its performance they were most grossly insulted, and most violently attacked. You have it in evi dence from a Gentleman, a Captain in the Navy, that they bore the attack with the utmost patience for a considerable time ; that in their whole conduct, when thus exposed for a considerable time to insult and injury, they acted humanely and bravely ; and he further tells you, that when severely attacked, they retired, rather than retaliate the injury they had received. But when at last they did make an attempt to defend themselves, and also to perform the duty for which they were stationed at the gate, whit did they do? Why, they sent forward two men to clear the gateway. Surely, Gentlemen, if they were ac tuated by malice against the people, they would have sent more than two men amongst them; and at length, when more than that number acted, what was the in- jury complained of as coming from them ?—that one man was thrown down in the dirt. That was a circum stance which might have been expected on such a day. It is natural that when persons place themselves in such situations, they should meet such accidents.— But, Gentlemen, it is said that only abusive words were used. Words break no bones to be sure, but stones do; and, Gentlemen, soldiers are as vulnerable as others, and ought not, more than other subjects, to be subjected to such attacks. That they were most grossly attacked, you have it in evidence from several witnesses. Yet, when so attacked, what did they do? You have it in the evidence of one witness, that he was pursued by a soldier—that he got into a cut de sac, from which he could not escape, and yet the sol dier offered him no injury ; but when that witness (Alexander) escaped unhurt, he, instead of being cured of a wish to join the crowd again, returned and mixed with them as soon as the soldier retired. You have it also in evidence, that the deceased, instead of Teti- ring when he saw the confusion, remained, clap ping his hands, and shouting out, "To the city I to the city I" But, after all the attacks to which I have before alluded, what did the soldiers do? Surely it is impossible to suppose that if one hundred armed men entertained malice against the people, they could not have inflicted the most serious injuries ; but what were the injuries ?—a cut umbrella, a cut drat, and one man knocked down. This was the whole of the injury proved up , to the time that they were obliged to fire ; and what was the cause given for the firing? You have it in evidence, that it did not commence till after the attacks upon the soldiers with stones. --You have it also proved, that not fewer than thirty-seven of the soldiers were next day ordered to the hospital, in consequence of wounds and bruises they received, and that one horse had its neck cut. It is also to be considered, that the men had not their pistols loaded. They charged theth after they had been attacked repeatedly;. but can it be imagined that if they entertained malice against the people, they would not have charged their pistols before they were attacked? Much has been said about the Riot Act not having been read ; but those who make such observations do not- seem to understand the nature of the Riot Act. The reading of the Riot Act, if it had been read, would not of itself 'authorise soldiers to' fire amongst the people, or to cut them down. I shall read to you, Gentlemen, a part of that Act. The Coroner then read some extracts from the Act, which were in substance, 44 that from and after the 12th of July, 1715, if any persons, to the number of twelve or more, assembled' in a riotous manner, and did not disperse within one hour after being ordered so to do by any Magistrate, Justice of the Peace, or Sheriff of a County (and, continued the Coroner, we find that a Sheriff was present), it would be a felony without benefit of Clergy ; and the Act empowered any such Magistrates," &c. and they were (as well as all other the subjects of the King whom they should call to their aid) required to seize and apprehend all such persons so offending, and to take them before i Justice of the Peace to be dealt with according to law ; which law declared the offenders to be guilty of a felony without benefit of Clergy.— The Act then gave the Proclamation which should be read, calling upon the persons so assembled to dis perse, but no part of it mentioned any authority to fire upon or kill the persons for not dispersing. The circumstances which took place at Cumberland-gate (continued the Coroner) must be looked at without any reference to the Riot Act, the reading of which would not alter the case as to the firing. fhe justice of that rested upon other circumstances--and what were they? You have it in evidence, that the sol diers were attacked in a most violent manner. Their lives were in danger, and they were acting only in self-defence, like all other subjects. No person will deny that all subjects have a right to protect their lives, and why should soldiers be excluded from this rule ? Is it to be imagined that they were to remain (even if the Riot Act had been read) for one hour, exposed to the loss of life—that they were to make no resistarce to a most violent attack, brit t sit to be pelted at like a game-cock at Shrovetide? Surely no person would maintain that this ought to • have been the case; and as they were thus attacked, the same allowance ought to be made to them that would be accorded to others. They were men, brought there perhaps against their will, and obliged to obey the orders given to them. You have then, Gentlemen, to consider first, whether you have any evidence be fore you to point out the person who fired? and even if you should be satisfied on this head, you are next to inquire what was the cause of that firing. You have it proved, as I before said, that the soldiers were violently attacked, and that they were obliged to defend themselves; and I again ask, can it be be lieved, that any set of moo, without knowing the parties who might be opposed to them, would be base and wicked enough to come of purpose to murder ? If you think this, you will of course do your duty.— It is to be greatly lamented that the unfortunate de ceased should have lost his life, but it would be still more to be deplored that innocent men should suffer for it. Gentlemen, a great deal of ill-blood has been created on this occasion; I hope, however, that you will lay aside any feelings which might have arisen from that source in the course of the investigation. I trust you will dismiss from your minds the recollec tion of everything that occurred at the Barracks.— You were not hurt there, thank GOD. Di•MiSS it, then, from your consideration altogether. You will now lay your hands to your hearts, and say what was the cause of the death ; and if you look at it in the light which I have pointed out, you will find it jus- ' tifiable homicide." As soon as the ner had concluded, a short dis cussion arow amon the Jury, as to whether they should then retire t nsider of their verdict, or ad-'' Cot o journ till to-morrow '(His) morning. The Foreman, Mr. Blakie, and some others, were'' for retiring then. Mr. Spicer, Mr. Gall, and some few more, agreed in thinking that it would be better to adjourn till to morrow, as it was then too late (ten o'clock) to go into the consideration of a question upon which, per haps, they might be some length of time occupied in forming their opinion. The CORONER thought it would be better to go to the consideration of the verdict at that moment; but it was at length agreed that they should separate for the night, and meet to consider their verdict at eleven o'clock to-morrow, till which time they adjourned. COURT OF COMMON COUNCIL. INVITATION TO THE KING TO DINE WITH TILE COR• PO RATION. • • Yesterday a Court of Common Council was held, for the purpose of receiving a Report from the Com mittee appointed to consider of the best mode the Court might adopt to express their congratulations and respect to his MAJESTY upon his Coronation. Mr. OLDHAM, as the Sub-Chairman of the Com mittee, said, he had great pleasure in stating that the Report which he held in his hand was signed by the whole of the Committee. The Report was then read. It recommended that the LORD MAYOR and Sheriffs should wait upon his MAJESTY, and humbly request that he would gra ciously vouchsafe to honour the City with his pre sence at their dinner on the next Lord Mayor's Day. Mr. OLDHAM, in recommending the adoption of the Report, thought they should spare no expense to produce an intercourse between the Crown and the City of London. The Report had been agreed to without the smallest political feeling ; and he hoped that none would exist, in case an entertainment was given to his Majesty; for he had rather his Majesty never entered the City of London at all, than that he should be received with want of harmony. As he be lieved the King wished to reign in the hearts of his subjects, he hoped that they would ;hew him, that it was only by that he could make himself the greatest Monarch upon earth. Mr. Sheriff Wituams seconded the motion, and hoped the Citizens would have an opportunity of sheaving that they were all truly loyal, whether they • agreed or differed with the Administration. Mr. FAVELL agreed with all that had been said by the worthy mover, and trusted that the Corporation would have as harmonious a dinner as they had on the day before at the Mansion House. Mr. T. N. WILI.Csms contended, that the Lord Mayor alone ought to invite his Majesty. Mr. Sheriff WAITHMAN concurred with the Report. A man who supported the Constitution could not bui respect the Sovereign, and lie (Alderman Waithman) had yet to learn that a man's loyalty should be mea sured by the degree of support or opposition which he thought necessary to give to the measures of the Administration. The Report was agreed to unanimously. Mr. OLDHAM then moved that the Court should humbly request that his Majesty would be graciously pleased to honour the Corporation with his presence to dinner on Lord Mayor's Day. The motion was put and carried unanimously. It was also moved that the Lord Mayor elect, with the Sheriffs, should request the Duke of York, with his Royal Brothers, to accompany his Majesty in his visit to the City. MR. WAITHMAN. Mr. FAVELL then moved a vote of thanks to Mr. gheriff Waithman for his conduct during the tumult at Knightsbridge. Mr. HuacoMaF seconded the motion. Mr. Sheriff WAITIIMAN said, he would have re tired, if it had not been that he had a statement of all the facts of that day's transactions ; and he should then be ready to answer any questions to be put to him. He did not consider this a question personal to himself, but as one of the grossest violations of the rights of the City, in their Sheriff, which was one of the highest offices the City could bestow. He Com plained that Police Magistrates were employed to pro tect the peace of the County, and no communication made to the Sheriffs. He described the way in which be expostulated with the Life Guardsmen to go into their Barracks. One of them took hold of his horse, and knocked a,man down. Another pre sented a carbine at him, which he did not see, but a a friend did. One flung a carbine ramrod it woman's head, which. ramrod he had now in his possession.— Even after all this, when he had made a respectful representation to Government, he received an answer expressing surprise and regret that the Sheriff of Mid _ dlesei was not in bit place, to assist a hired, paid, fic;- vernment Magistrate. No notice was taken of his being run at with drawn swords and loaded carbines. An inquiry had been promised; but none, to his know ledge, had taken place, except Mr. Cunant's examining tome Witnesses to ascertain whether the place was quiet from the time the Sheriff left the Barrack- ate until Mr; Conant came there ; not to inquire whether the Sheriff had been insulted, and his life endangered.— This was a part of a systematic plan to place this country under a Military Government. The accounts of the Newspapers- agreed in the facts in a most won derful degree; and many persons on horseback could support his statement, if it were put Upon the conllie tion of his with the statement of Lord Batherst.— . He had always paid marked respect to all in autho; rity, and he had not -expected that he should have been neglected because he disagreed in opinion with • Government. Such ..conduct would show that the Citizens of London should not express their senti ments, but that they must elect only such tried men of loyalty and subset viency to Government for Lords Mayor and Sheriffs. It had been asked why the Sheriff had not quelled the riot at Cumberland-gate? But the Government had not condescended to com municate with him ; and, sitting in the Procession; he declared to Gots he knew of no riot until he heard the firing of pistols. - Mr. Sheriff WILLIAM/I objected to the motion, he cause though it did not in terms censure him (Mr. Williams) it would have the effect of a censure upon his conduct. Mr. T. N. %Victuals said, that the whole :avow e.. 1 much of trick. He moved as an Amendment, that it should be referred to a Committee to inquire into and report upon the matter. Mr. OLDHAM thought the motion premature, and should not vote if it were pressed. Whatever appro bation the worthy Sheriff might deserve on the day of Honey's funeral,. his conduct on the Inquest de served and would meet with general reprobation. Mr. Sheriff WAITIIMAN said, the observations of the worthy Gentleman were almost the same as those in the Ministerial Prints. Anciently the Sheriff was the Coroner; and he thought it the duty of every man to give all the information in his power touch ing the death of one of his Majesty's subjects. He had only assisted in collecting information in the case alluded to. Mr. GALLOWAY supported the motion, being con vinced that the conduct of the worthy Sheriff would bear the strictest inquiry; and that the more it was inquired into, the more gross would be found the outrage which had been committed on him. A long and stormy discussion ensued, after which the Court divided, and the original motion was car ried by a majority of 55 to 25. BOXING. PUGILISM BETWEEN RANDALL AND MARTIN, FOR THREE HUNDRED GUINEAS A-SIDE, ON CLAWLIT DOWN, IX lUSSZL, THIRTY-01.F MILLIS FROM LONDON. Yesterday morning,- long before day-light, the roads leading to the above place were covered with vehicles of every descrip tion, from the highbred swell to tke dingy fluefoker, so great was the interest excited throughout the Sporting World to witness the Nonpareil once more display his superior knowledge in the art of self-defence. The ring was made in a field within a mile of East Grinstead, and in which Martin threw up his hat ; but owing to some misunderstanding between the persons conduct ing this business in the absence of the ainintander-in-Chilf, the fight was removed to Crawley Down, but not till hundreds of individuals had paid a heavy toll for passing through a gate, and which. sums of money were, not refunded on changing the scene of action. For a long time it was thought that no fight would take place, .and the large assemblage of amateurs were on the funk. By this time the multitude had so increased that it was deeMed necessary to enlarge the ring; and about three o'clock Randall, in a white upper tug, arm in - arm with his h ac k ers , a p- Z, and with much coolness threw his bat into the ropes. r e tly afterwards, Martin, accompanied by his backers, dis playing their whit e toppers, also approached the ring, and an swered the token of defiance by sending his castor into the ring. Martin was loudly applauded by the spectators. Spring and an amateur were the seconds for the Master of the Rolls, and Pad dington Jones and Holt officiated for Randall. The combatants on meeting each other in the ring shook hands in the most cor d al betting, two and a hall to one on Randall. ROUX!) I.—On stripping, the frame of Randall was a perfect picture for the anatomist to gaze on with delight, and every per. son.was.astonishtd at the very fine condition he exhibited. The confidence he displayed was interesting ; and his race had not one trait of ferocity about it, but on the contrary, cheerfulness and true courage. Martin was lighter in person than heretofore, but his condition was also equal to that of the finest race horse. His legs, which were covered with striped silk stockings, were round and elegant, and the toad ensemble was that of a boxer capable of performing great execution; he smiled, and appeared confident. On placing themselves in attitudes, Randall was the object of attraction all round the ring, and he stood as firm as a rock.._ The position of Martin was good, but he did not appear to sand so steady as his opponent. A minute elapsed in looking at each other, but the eyes of Randall seemed almost to pene trate into the interior of his opponent. Both anxious tor an op portunity to make a bit. Martin smiled. Randall made a sort of feint with his left hand, which was well stopped by Martin. Manoeuvring and dodging each other for a few steps, which was succeeded by a pause. Randall endeavoured to put in , a tremen dous right-handed blow, but he missed his object. Martin now ventured to take the lead, and exerted himself to make the right and left hand tell; but Randall, with the utmost dexterity, stopped them both. Tslartin felt tired, and dropped his arms; but on perceiving Randall ready to take an advantage of this opening, he hastily resumed an offensive attitude, when the .117 in s immediately went to work, and planted a severe right handed bit just above the wind market, which made the Muster e the Rolls bite his lips. The combatants closed, on Randall's &cDying Martin to follow him to his favourite corner of the ring; and in this situation, often as the Nonpareil has astonished the amateurs with his forte forjilibing„ he now put forth such " bit of good truth," as positively to terrify the spectators with the terrible execution he was capable of administering to his op ponent. lie fibbed Martin with his left hand in, the most rapid manner, and thee changed bins on his arm like a baby, and re- , peated four or five blows on Ids face and neck, operating so de cisively on the jugular vein, that the eyes of Martin were turned up, and he foamed at the mouth. The eland followed, and Ran dall did not leave him till he was within four inches of the ground. Martin was now so stupid, that the back part of his bead fell against the stake, but the ntischief had all been done before this period. " It's all up !" was the cry ; and to describe the consternation of the ring, or to depict the countenances of the spectators, would defy even the talents of a Lavater. Martin was picked up in a state of stupor, and remained insensible for a long period after time was called. Ile was carried out of the ring; but in the course of half an hour, when in bed, and at tended by the Doctor, he recognized Spring, and, on opening his eyes, with the utmost astonishment inquired where he was? and if he had lost it ?—ltandall had only a slight mark on the tip of his nose, and under his right eye. Ilemaaes.—iittange to say, that this fight is without a para. Id, it having been won in one round, occupying nearly eight minutes. Although sn short, yet to an amateur the excellence of Randall was so great, that no one would have complained to go fifty miles at any time to witness such a tine display of the art. In a word, such a finished boxer as liaedall has never been seen in the Prize Ring. PARISH AND LUSHBROOK. A smart fight of one hour Sod three minutes took place be. tweets the above boxers, when*Pari-h proved the conqueror.— Spring and F.ales were for Parish, and Purcell and Crawley for Lushbrook.—Twcnty thousand persons were on the ground. on ler gd