The National Register. — London, England, 1816-06-24 00:00:00

JUNE 2k, f &your it with their approbation *tad coucurrence, or who aid all encioiratte lir their_ voice or action, are involved in the sant. , legal culpability. This is a principle dictated by yeasty', a id estah'isho , l lit law: fur, withont thn piestmee of others, the actlial perpetrator might not have Veit ahle to aeroirrili•ii the criminal tistrpo•e, or might have been deterred fsoin at tempting it .by the exertions of the well-disonsei. Welt record to the pas tienlar csime of burglary, it in iv be (raper for me to rental k. that it ' , midst* iu the breaking , of a boric at night with intemit to commit some felon 11 hot Cie ovine of lid: felony may be is not materiol, nor is it nevi s.ary. in order so constitute burglary, that the felonious intention sbutild have been carried in'o effect. The ciresimustanees under which the breaking at night has been effected, must form the evidence of the intent fur which it was dune. All who then enter are split:illy guilty; and the svne rule applies to theism also who keep watch whilst others en'or. Even if the entry should be math , in consequence of the door being oaeal- i by the owaer himself, ander the induenee of artifice or thr • as, it is, in coil tempi:llnm of law, a burglary; fur the law will not auifer its wa olas re-tr rats to lie evaded l v the +lntl .111 1 elnitYlVall• est o ' l felon. U ron the sithject of rohaery rro:n the person, it in iv he important for you to ell:tire, lieth,a ths mane raised by a riotous assembly is to be considered, in the cases to which your attention yid be drawn, as a voluntary coutri hark') of the ialividnah from whom it w is taken, or extorted by violence, or under reasemohle fe ir. In the consideration, however, of what amounts to this offeoce, it is not necessary to advert either to the time or the place of its camtnis-ion. To shoot in a dwelling-house bas been made a Capital f.dotiv by mauy ; but it it neressary that the larceny Floull be menially committed. til:hmnt you, however. by re c.:tine a series of legislative enaetmen:s on this snh;ect, I should advise son generally to return the bills as they are presented to you, and leave any diffiritlty of legal cenatructiou to that in ire:manure investigation which it wi I afterwards re ceive in Cat plac: , . On the n ettre of ordinary riots an -1 ire irh of the public. peace, yin ran rept re 11) ill :!rtivtio4 from me: lint on every urea-ion, nu well as the pressnt, the Court will be hippy to afford you all the asaista.see in its power. With regard to the dr seription of proof whirl' iii I hr 14 , 1 be fore yon, th-re is little to ho r. , nt irke.:, for li^r thm there is reason to believe it will in most vas's be satilfactory—the evi dence of eye-wititesees upon acts done in open day and with tint any disrnise, in smite ins:waver by iii•ighhoor upon it glr. boor, so bold an 1 Jinn; was the violation id' the pubic peace. It the evidence of accompli 'ea in thew• trans tetions shoot! be offered to yon, yon will reveler it with c %idiom an I give err d:t to it only alten coal:rot •sl or *optioned by more unexcim. thin dale testimony. I eatuicit, howevi•r, co:allele this address without exhortiog you, to proceed with a c ant 'nail tem p?rote, but a ith a tirm and manly determin t; —tio the one howl. not to concluda, 1C.1.31 yaar in 1 zai,tt . at guilt, too b eddy against the prisonei • : titml on flu • other, that the serious 'adore of the charges 'hail not deter you from preseti:ing them to the justice of your country. Lis mil' tli- highest importance t i the peace and safety, not only of this isle, lint of the sur rounding country, Eris it:l who are present on this solemn in quiry, and all who read the account of its procevaltiees (amid there are few parts of the kingdom in which it will nut be read ), may be convinced by the an fist lesson which may here be taught, that, wit 'tetra wild or chimerical notions may pre vail on the poorer of an armed multitude, the law is too samo s a for its assailants; snail that however triumphant or destructive their sway for a few doys, those who defy the law will ulti mately be compeileil to bah nit either to its judice or its mercy." The Grand Jury then retired, and the Court adjourned. The calendar consists of ts 2 persons, Mae only of whom are out on bait ; all the rest are in prison. Tcs.soav, Jeag ts.—This morning, at n'no o'clock, the Court ic.casi misled; when John an :1 Joseph Easeys ft. jessop, T. South the younger, J. Walker, NI. Malmo, It. Butcher, G. Crow, I.llarli y. Melt. 'Nicholas, W. Wy ...brow, and 51'. Jeffer son, were indicted for having on Weihie- lay. the 2Jd of May last, borglorimisly broken open and e:itere 1 the dwelling. house of Kebecca Waildelow, of Littlepert, iu the Isle of Ely, shopkeeper, and feloniously stolen and earned away therefrom one hat and five shirts, the property of 11. Martin, of Lit tleport aforesaid, fanner, and slivers articles of grocery and drapery goods, together with 31. and three promissory notes, the pro piny oldie said Rebecca Waddelow. The Jury having been snort', Mr. Gurney rose and address eil them to the following effect : GENTI,EMEN OP TUE Jen v I have the onion', ditty to attend you on this oeco , i,m as the Counsel of the Crown against the l isoners at the bar. You have already Beard that the induct. went charges them with the crimes of burglary and robbery. Plagiary consists of the crime of entering a dwelling-honse in the night for the purpose of committing a felonious act; dad robbery is the crime of stealing front the person, by force or violence, either his own property or any thing which may be Holler Isis protection. If I were to confine myself to a dry de tail of circumstances, you would immediately discover the enormous voilpablli , l of the prisoners; hut I think it neces sary to bring your minds to its use transactions which preceded the attack, m ordev that von may see what was the object of the prisoners ut Littleport ou the night of the 22d of May. bc violence committed at that time had beim preceded by some threats and excesses in another part of the country, tinder the pretence of the• lowness of wage., aiel the Well price of provisions. Some pressure, perhaps, arising from the peen. liar circumstances of the scosoo, bad fallen on the lower easscs of the comatituity ; hot it arts eUllSillerably magnified by tumultuous mrsaeinblira, and great rxeesses were perm tread. The coat:talon spread ; and Is, fore the 22:1 of May there was a ferment, which broke out is a 'complete etplosii-p on that day. A large mob event Wed at Lattleport, armed with bludgeons, pat:it finks, gnus, and otlwr weapons; they ii issesual th:tri ietres of treasure, and had e%eoy species of oseaoisatmou. House after house was robbed, 211 , ) person after person. In toe course of the slight, the mob conic to the :loose of Mrs. Waddelow. She is an aged niimati, upward+ of 70 years aid, hos client her life in the practice of every virtue, and us peel'. hotly known as the friend and benefactor of the poor. Mr. Martin, hergrandam, resided with her. He is a respectable former, but hod bacimine onnoxiatis to the prisoners from his conduct in the affiiirs of the p irialt. Ilefore the unit attacked (h... house, Mr. Martin heard they were coming, and retreated from the front door to the back, whence he effected his ' , rape. The smother of the mob exceeded 100, essay sole of whom might justly forfeit his life to his country. The Crown, however, had selected 12 persons, who were allure actively ean pioyed 111411 die rest. John l'alsey with a large dab broke the window ; Joseolt Easey entered the house ; It. Jessup 'mica soured to break open the back door with tin iron wi 3;11111 ; 31. were offered to hint to desist, but he said no inminey should deter hint front his abject, which was the life of Mr. Martin : T. South entered Its a hole iu the shutter, armed a Oh a cleaver ; J. alkirr aas a Sly useful person ;he earn, d mug p o le, with a pier-, of print. ml cloth at the end. by vay ut ensign. M. Benton and R. butcher were armed with bludgeons, which THE NATIONAL RECrISTT3I. they n•eil in• breaking the shutiocs. G. Crow roh'ic:l Mrs. Cntlack of :it. I. Harley brake p.trt of the furniture; mid Ni cholas, Wyebraw, awl Jefferson, were very aetivc in the mob, an 1 particularly against the life of Marto ) , Gentlemen, you perceive that this is not a common burglary. Iu ordinary eases .if that eaten o, the occuiper of the Lau sr Wake' in the morning. unJ limbs his property stolen ; lint be has been spared that terror which twiny men would give ill their property to avoid. Let not, however, the atrocity of these circumstances intlanie you with any resentment ficai g the offenders, hut rut her inspire y o u with caution in reeeis ing the evidence which will he bruin:slit against them. Gentlemen ' I shall now leave their fate in your hands, and I am pi rsuadeul that you will fulfil your duty to Gal and your casuistry. L. Sallis, a labourer at Littleport, owl servant of Mr. Martin, was then called, nritl examined by Mr. Itollund on the part of the Crown. On the night of the 22 , 1 of flay, about nine or ten o'clock, the witness saw it inch rollected at Littleport. There were nearly 100 persons. It. Jessop load an iron crow or poker; T. South had a butcher's cleaver, and Murk Benton a club stick. Jessup began to break the back door: there were round him at the time. Witness went to lain and said, same is 51, ; what do yon want to do mischief fur% —He replied, he would not stop for money, far Martin he would have. He could not break the door, and went awns , and broke the win flaw : he broke the frame out: there were no shutters. Witness then saw four or five get in, but slid nut see Jessop cuter, nor hear them say any thing as the y got in. The moti made a hallooing, and T. South chopped the front door with a cleaver. He only chopped it laic( ; young J. Dennis palled him tawny. Witness saw four of the prisoners in the house. • rite itulement of Mr. Gurnt.y't 'was fully wade out by • number of witnesm..f. At lenztlil - H. Marlin VI exam:med.—Witness is a farmer At Littleport. He lives with Mrs. Wad lelow, who is his graldmother. Saw the mob first come ont of the putille•house about tight o'clock. He 1e:1 them a little down the town, having first off 4.e , 1 vit. a day inerease of wages, und to sell the t 1 .;rat td. a stone, or less, if the Ma!Ziitr.ova •AiniiLl think it ought to be done. He triderstool, front what he had heard, it was fur that they were rioting : he heard such things had hi en untie in other parts of the coontry. It was his grandmother's own house. He went to the (lour with SI. in his hand : the mob were then coming up the street. Tht y were 100 yards ftoot hint: he went away b e they mime, in consequence of tieing alarmed. Did ntit see them again that night. _ _ . A conference here took place among the Judges; when Mr. Jostle:, Auhott told the Jury, th.tt there we' a mistake is the foam:n.l of this indictment, which would lead to the acquittal ofa!l da. 'lli -liners, a • fir as their Ike , were concerned, In con sequt nve of the description of the property given by the last witness; and though it w is open fur the Counsel fur the Crum/ to proceed fur the minor felony, he understood from them that they would not css it, and therefore all the prisoners must be arquitied. —The Jury accordingly returned a.verdict of—Not ..... A. Clwyd!, R. Jesup, Jasrpli Easey, T. Smith the younger, M. Be iiton, Si. .. , and F. Torrington, were then antlered tor having, un the night of the g 2.1 of May last, hurelariouslv broken open and entered the dwelling-louse of J. Dreyer, in the town of Littleport, and fur having stolen and carriisl away the' etrom 109 guineas iu gold, and divers articles of fiwnittire and . wearing apparel s and with having asiansigd and pot in hoddy tear the said J. Dewey, in his dwelling-house, taking from his person a 11. Banker's cash-note. Mr. Gurney, having described the case on the part of the Crown, proc:cded to call the following witnesses ; J. Dewey deposed, that he was a retired farmer, residing at Littleport : that i.e was G 3 years of age, and that his Nile was upwardsof TO. Ile saw the mob on the 2 zil ;gyro:11011ns hnuse about eight o'clock in the evening. 'lley were armed with bludgeons, but he saw no guns. Their conduct was extremely riotous and vio!ent. Clic. ill was the first who ilemande'd money ; and on the inch breaking in, he exclaimed, " Go it !" Joseph Easey and IL Jess!), assiiiitteil and knocked down both him and his wife, uttering varions imprecations. bureau was broken open, and he afierwards missed from it two bags, containing 100 guineas. 'The drawers acre thrown al t the floor, end Dann was seen with a bundle of linen, uhich, however, lie restored to Mrs. Dewey. Ile could nut say that be himself saw either Danner Tarring on in the [lowa , . Martha Dewey, the grand daughter °film last witness, stated that she was at his house on the night in question, and saw Tor rington in the house. T. Dewey saw a mob proceeding from the house ofJ. Dewey about half past eight o'clock, and heard one among them ex claim," We have got the money." It was so dark a.s to pre sent his distinguishing the faces of individuals. Mr Justice shame!' obsersed, that there was no sufficient evidence to prove that Torrington bad been guilty of any of fence. The charge of burglary laid in the indictment could not be sustained, because it did not appear to have been dark hum the breaking was effected ; hut by the course of law the prisoners might be cons ivied of a capital felony in stealing from a dwelling-house. The es idence not being decisive with respect to Torrington and Dann, the Jury would probably deem them entitled to an acquittal; bat he must leave to their consideration *Halter any reasonable doubt could be enter ti • II as to the guilt of the ether prisoners. The Jury, in five minutes, gave a verdict of Gnilty against • Clievill, Else)', Jessoli, South, and Renton; and acquitted Dam) :ISO 'Torrington, who are detains d to take their Ural upon other iiiilietments.—Thr Court adoiurns d al live o'cludv. Wriest:suits. JLaL 19.--The Court re assembled at nine o'clock; a lien 'l. Smith, W. Dann, mid R. (*rabbi. were indict. ed tin fn. - ably entering and feliatiously stealing from the house of R. Siirechly, yeoman, ot'lattlepoit, sundry articles of wear ing apparel, plate. linen, china, and glass, his property. 'The Jury found all the prisoners Guilty. J. Warner, J. St. ht.itrii, I. Harley, J. Newell, and W. Go tnhed, who is not in custody, were indicted far forerbly enter ing the house of the Rev. J. V4cheil, putting hint in bodily fear, and taking fruit his person two 11. notes, his property. Mr. Gurney described this ease to equal, it it did not exceed in violence aui atrocity, the circumstances of those which had already engaged tar consideration of time Jury. Mr. Vac's:ll, with his wife and daughter, were obfiged, in order to sayl. their lives, to escape froin their own home at midnight, am! leave their house a scene of pillage and 'testi uction. lu the perpetration of these enormities lie should strove the prisoners to hive be. eminently active. The ltcv. J. %%schen deposed, that he first observed the mob assembling about nine o'clock ist night, mill went out with . in view of permading them to disperse. They complained of the lowness of wages, and his endeavours to repress the tumult ere ineffectual. Ile returned I considering that his family Were in danger, and ordered the doors to he fastened A both eleven o'clock lie heard a great noise and rapping at Ili. door. Ht directed his sersalit to unlock it, and lie ask. d theca whirt they wants 'flue r inimber al this time slid nut exceed eight or ism, but it 30011 .....ltiplied till it became a cleat crowd. Tim prisoner Harley said they wanted money, and they intl.,: 140 have it. He ;;are them two 11. notes, with which they were not satisfied; some saying, "two pounds will be of no use to us; we must have ten." Witness desired, it' the YI. were of no use to them, that they should return then: to him, villas, how. ver, they refused to fl 3. He toll them that he had not cot 101., when the pressure liceanie so violent upon him that he was obliged to gise way , and the mob entered his house. Newell was the man who received the notes from him. C. Crabbe proved that Newell was anionic the mob who en tered the house of Mr. Vachell, and confirmed all the material points of his evidence as they affected Harley au,l Newell, whom the Jury found guilty; but aequated Warder sail Stibliurd. J. Dennis, F. Hopkins, J. Carlene!, J . j e ff er ," ' an d P . Rutter, were put to ti bar, and indicted for stealing from tb.• dwellinz house of It. Edward'', in the city of Ely, the inun of 301. in Backers' cr.sh•notts, the property of the said R. Ed.. ward.. Mr. Gurney requested the serious attention of the Jury to this very important case. They could not fail to see that thio charee in% (Ave(' very important and delicate consitirnstionst and if the facts upon which it rested should be made oat in evidence to their satisfaciion, it must become their painful ditty to consign the prisoners to the justice of their country. Margaret Rickwood said her husband was a miller, resident in the town of Ely. She saw the mob at her door between eight and nihe o'c l .ock tin the mortaing r . the 2id. Deunis was among eight or nine others who came into the lionise. He had a gain in Ins hand, which she was positive had a le.ck to it ; others carried stabledbrks and bliolgious. They aslved far her husband. who was not at home. Sae told them she did not know where he was, anal intprred what was their wish. Some. body replied, they ninst have 501. or the house and mill would conic down inatiled:ately. She said, 's tly 'ood men, you shall have it ; hot don't break or destroy any thing." She desired her son to go to Nlr. Edwards's, anti get 001. from his bank im mediately. Before his return, Dennis said, he could not quell the mob if the money %vas not fwthcoming, and she then heard . two or three of the windows crack On the outside. She e\- claimed, " You shall have the motley, far I see I am going to ruin." She went up Broad street with them to the hams, but seeing the ;nob demolishing her windows, said she would go no farther, unless they were restrained front doing lurtitei oda -6141. Some. then brought than away, saying, " Come Moog; wa are going for the money." Do her way she met Nil. Ed wards, to whom she communicated her purpose. lie desired her to take his arm, and said, if there were a thousand of them, th"y should not have a penny. She begged him to let than have the inaney, as it was impossilde to pacify them otherwise; when a person whom she did nut know, struck Mr. Edwards on the head, and the blood followed. Mr. Edwards afterwards observed, that if the monvy must be paid, they were to send time persmis Into the house to receive it; and the three who went were, Dennis, Hopkins, and Saudcrson, who is not in custody. R. Edwartas stated, that be was Chief Constable of Ely, and agent there for 3lessrs. Mortlock and Son, bankers, at Cam. bridge. The mob arrived at Ely between list' anti six o'clock in the morning of the t3d. Their numbers might amount to about 200, and they came from Littleport road. Most of then, were armed either with guns, bludgeoas, or stable-forks. They brought with them a waggon drawn by two horses, and mounted with large fowlers' Inns , which projected forward and commanded the street. 'they were assembled in the market-place, when the younger Mel:wood cpme to him with the message from his mother. Ile took his stall. anal proceeded towards the house. Having met them, he asked what authority they had to demand .101. This epics was answe red uy general cry of " We will have it,' and he uas immediately struck on the head by some person with a bludgeon. Finding himself likely to he assaili d by others, he went back, and the mob Ml:owed hint, shouting all the way. He placed his back against the door of hill house, resolved at that time they should not enter, and desired his family to remain within. They drew round him, and he received a second blow, alien, conceiving It i ttt self to be in imminent danger of his lift., lie thought it ne cessary to submit, and he desired that the re of them would come in and receive the money for the rest. Dennis ese;ainted, " go fur Littleport." He considered, however, that Dennis was of service to him in preventing the mob from (Male him any injuiy, and he observed, in general, that he made 'seat exertions to restrain them. One very turbulent person in particular was repressed by him front the commission of mis chief. lie heard the prisoner Hopkins say he would take for Downham, and Sanderson for Ely. They came into his shop, when he told them that they had made a soy improper de mand, and before he gave them the money, he n o t.; hat c their names. There was a fourth person present, sad Deimis men tioned the name either of Wilson or Burridge, bat not his own. He then gave to each of the three 10 11. notes, and I 35., and holding the remaining one shipitig in his hand, he asks d who was to receive that. They said it must be equally divided, . and he accordingly gave them each a groat in copper. The mob then quitted the place peaceably. lie give the money not only at time express desire of Mrs. Rickwood, but from tear fur his own persou and property. lie was :.geut fur Messrs. Murdock to whom lie was responsible. The Rev. G. observed the prisoner „It ff , rson rely active among the rioters at Mr. Edwards's house, and crying "Go it; Go it." 'flue nub, after receiving the money, at which the witness was present, went away in rldtertut direc tions. J. N. Rainer is a draper at my, and was present at F.dvrarcls's house, and saw hint *track by the prisoner Jetrer on. tie likewise saw Ca in:nett iu the crowd. Dennis went in came out of the house peaceably. I tennis and erminell come to his shop about lst o'clock and bought ribantl.•which Deur.is paid fur, and which each of them put in Isis hot. The Itev.Alr. L.tw, a Mattistrdtt! of Fly, saw istrcrson and Rutter among the mob. He entreated qutter to go twine; which he telosed to do, and said be aright as well be [Lanett its starve. They might, if they pleased, hang hint up on the at thorn 1,11.:t. Maly hate was in the service of the prisoner Dennis. She recollected the mull coming to her [mister house 011 the night of the sett asking for bullets. They tame armed three times, and said I) •t.ni• must go with them. Oil her cross-vx a 11111 l Maim, she imitl her ma.ster war in utd when th.y emote, nod that he went with them reluctantly. They said they would shoot him if be did not go. J. Martin, publican, of Ely, deposed, that Hopkins and the others came to hi, hunk abuu: nine o'clueL auJ di% hied money among them. The prisoner Dennis, in kis defence, have a recital of the circusottaacct in tia et , roc the pusituze of shutting that lie hutil aete•J under cuustc.tult. F. Hain subaiittesl. that the capital part of the charge could nut be in.iiniaMed, iio legal prope.ty had tit ea. pitted to vi•et 'Etinf lid, The Court rtber%eil litc coaideivil in the 1111.1.: w..c iLL cwt ouglti ►uo. muted to thy :ury .