The National Register. — London, England, 1816-06-23 00:00:00

Nfl 23. favour It w aparobation mid eolcurrence, or who aid and VIM/Ilia Zt . //V their voice or action, ars involved in the same legrl culpability. This is u principle dietatod by reasna, and eitablisheil in law; for, waived the nreseac.: of others, the aerial perpetrator might nit have Innot mile to aceomplish the criminal purpose, or might have deterre I front at tempting it by the exertions of the a 1. With regard to the part•eolar crime of hut glary, it in tv Ift , proper for me to remark, that it consists in the-breaking of a liotise at night with intent to commit sonar felony. What toe nature of this felony may lie is net material; tier is it twee ssitrv. in order to constitute burglary, that the fi hosions hot:nitwit should have Leen carried into effect. The l'ireal11 , 1:11W(.1 under which the breaking at night has been effe.•ted, most form the evidence of the intent for whieli it was 1101/C. Ail who then runt. are e loudly guilty; and the 91.11111! Ellie sapplira to theist also who keep watch whilst others enter. Even if the catty sh mid be made in consequenee of the door being opine I by the owner himself. under the induelice of artifice or thee its. it Is, in con. (Pa1p1. , 14111 of law, a burglary ; for the law will no: suffer its re% diem a re.tr ants to he evaded ,v the ,gills an I coatri ram of a U , u.i the subject of ro6:),:cy from the person, it may he important for you to enquire, Iseth•sr the money raised by a riotous assembly is to be considered, in ilia cases to wind) emir attention he drawn, is a volinitaev eons c i. bittiou of the lu livid's:Rs limn wham it was taken, or extorted by violence, or mulct. reastinable fear. In the consideration, however, of what amounts to this offence, It is not necessary to advert either to the time or the plare of its commis•bes, 1/1...11 in a dwelling-house has tit. a capital f e l on y by many statutes; but it is necessary that the larceny should be aetst illy committed. Without troublilig yon, however, by re citing a series of legislative enactutems on this subject, I shoul.l a.lvise you retter.illy to return the bil:s as they are pre ented to yon, and lease any difficulty of legal coon ruction to that more acenrate inveatigatiosi which it wi I afterwards re ceive in this place. Oa the n imre'of orilinars riots and breach of the politic hose, you a icc require HS instnietion from ate: hut on every occasion, 33 well as the present, the Court will be hippy to afford you all the assistaiwe in its power. With regard to the description of proof which will he laid be fore you, there is little to be rem irked, further than there is reason to believe it will in most eases be satisfactory—the evi dence of eye-witnesses upon acts done in open day aril with out any disguise, in some instances by fit ighbutir upon neigh b mr, so bold an:l daring was the violation of the public peace. If the evidence of accomplices in these transactions shoold be offered to yin, you will receive it with caution, mil give ere d.t to it only when confirmed oaf sopoortoil by more uireeeep tina shit. testimony. I cannot, howeser. co:whole this address without ealtortiog von to proceed with a e that and tent tan.ate, but VI ith a firm and manly detennin lam —on the one tarn I, net to conclude, from your hid:elution at ;;hilt, too hastily against the prisoners; mil on the other, that the serious nature of the charges shall not deter you from presenting them to the justice of your country. It is of the highest inyortatiee to the peace and safety, not only of this isle, but of the sur rounding comitry, that all who are present on this sidemu in quiry, and all who read the account of its proceedings (and there are few parts of the kingdom in which it will not lie reach, may be convinced by the awful lesson which may here be taught, that, whatever wild or chimerical notions may pre va:l on the power of an armed multitude, the law ix too strung far its asailants; oial that however triumphant or destructive their sway for a few d I's, those who d the law will ulti mately be compelled to sulimit either to its justice or its merry." The Grand Jury then retired, and the Court adj . ommcd. The calendar consists of b 2 persons, uine only oi whom are out on hail ; all the rest are in prison. TVEIDAY, Jura IR.—This morning, at nine o'clock, the Court reassembled ; when John and Joseph Easier, It. Jessup, T. South the younger, J. Walker, M. Benton, It. Hotelier, G. Crow, I. Harley, Rich. Nicholas, W. Wy cbrow, and W. Jetler son, were intbetcd fur having on Wednesday, the 224 of May last, borglatiuteily broken open and cut( red the dwelling house of Rebecca Waddelow, of lattleport, in the Isle of Ely, shopkeeper. and feloniously stolen and carried assay theta, on. one hat and five shirts, the property of 11. Martin, of Littleport aforesaid, farmer, and divers articles of grocery and drapery goods, together with 31. and three promissory notes, the pro perty of the said Rebecca Washielovv. The Jury having been sworn, Mr. Gurney rose and address ed them to the following effect :-- tis:sia tem rds os: THE Jun v —I have the painful duty to attend you on this occasion as the 'Counsel of the Crown against the prisoners at the bar. You have already heard that the indict ment charges them with the crimes of burglary mud robbery. Burglary consists of the crime of entering a dwelling-house in the night fur the purpose of committing a felonious act ; and rubbery is the crime of stealing from the person, by force or violence, either his own property or any thing which may be under his protection. If I were to confine myself to a dry de tail of circumstances, you would immediately discover the enormous culpability of the prisoners ; but 1 think it neces sary to bring your minds to those transactions which preceded the attack, in order that you may see what was the object of the prisoners at Littlepnrt on the night of the 221 of May. The violence committed at that time had been preceded by some threats and excesses in another part of the country, under the pretence of the lowness of wages, and the high price nt provi-ions. Some pressure, perhaps, arising from the pecu liar circumstances of the season, had fallen on the lower classes of the community ; but it was considerably magnified by tumultuous assemblies, and great excesses were perpetrated. The contagion spread ; and before the 22d of Slay there was a ferment, which broke out in a complete explosion on that day. A large mob assembled at Littleport, armed with bludgeons, pitch forks, guns, and other weapons; they possessed them selves of treasure, and had every species of organization. House after house was robbed, and person after person. In the comae of the night, the mob came to the house of Mrs. Warldelow. She is an aged woman, upwards of 70 years old, has spent her life in the practice of every virtue, and is pecu liarly known as the friend and benefit , or of the poor. Mr. Martin, her grandson, resided with her. He is a respectable farmer, but had become obnoxious to the prisoners frotn his conduct in the affairs of the parish. Before the mob attacked the house, Mr. Martin heard they were coining, and retreated from the front door to the back, whence he effected his escape. number of the mob exceeded 100, every one of whom might justly forfeit his life to his country. The Crown, Lowever. had selected 12 persons, who were more actively em ployed than the rest. John Casey with a large club broke the window; Joseph Easey entered the house ; R. Jessop entice soared to break open the back door with un iron weapon ; 51. were offered to him to desist, but he said no money should deter him from his object, which was the lite of Mr. Martin ; 'l'. South entered by a hole in the shutter, armed with a cleaver; J. Walker was a very useful person ; he carried a long pole, with a piece of printed cloth at the ens!, by way of ensign. M. Ibniton and It. Butcher were armed with bludgeons, whist/ THE NATIONAL TIEGISTM. they used in breaking the shuttees. G. Crow roh'oed Mrs. Catlack of :A. I Haney rirak• part of the furialture and Ni eto eus, W)ebraw, and 3.lrerto.l, Were very active in the mob, partieularly ageing the life .of Martin. Geutlemen, yon will perceive the this is not a common burglary. In ordinal-% cases of that nature, the orenpier of the twine wekes in the morning, and finds his property stolen ; but be has 100 ell spared that terror which many men would give all their property to AV•dil. Let not, h - •vt'ver, the atrocity of these circumstances inflame ou with any resentment agai 'st the offenders, hut rather inspire you a caution in receiving the evidence which will he broueht against them. Gentleinen, I shall now leave their fate in your hands, and I am persuaded that you will fulfil your duty to God and >our country. L. Sails, a labourer at Littleport, and servant of Mr. Martin, was then called, and examined by Mr. Rolland on the pun of the Crown. On the night of the *jgd of May, about nine or ten o'clock, the witness saw a snob collected at Littleport. There were nearly Um p.l'Slllli. R. Jess'sp had an iron crow or poker; T. South 'had a butcher's cleaver, and Mark Benton a club stick. Jessup be gati to break the back door : thee , 55 ere several round him at the time. Witutess went to hint anti said, here is ; ‘vltAt tin you want to do mischief for replied, lie would not stop for money, for Martin he would has e. He could not break the door, and went away and broke the win dow: he broke ell the frame out: there were no simmers. Witness theft saw four or live get in, but did not see Jessup enter, nor hear them say any thing as they got in. The mob made a hallooing, and T. Senth chopped the front door with a cleaver. He only chopped it twice; young J. Dennis pulled him assAy. Witness saw four of the prisoners in the house. [The statement of Mr. Gurney's ST•I3 fully made out by a. number of witnesses. At length] H. Mart:sl was examined.—Witness is a firmer at Littleport. He lives with Mrs. Waddelow, who is his grandmother. Saw the mob first come out of the public-horse about eight o'cloek. He left them a little down the town, having first offered ds. a day increase of wage:, and t o s e ll the flour at 21.6 d. a stone, or less, Vale Maeistratee should think it ought to he done. He understood, from what he bad heard, it was for that they were rioting: he heard such thite;s had been lout in other parts of the country. It was his grandmother's own house. lie went to the door with M. in his baud : the mob wore then coming up the street. They were ton yards from him: he went away b !fore they carne, in consequence of being alarmed. Did not see them again that night. A conference here took place among the Judges; when Mr. Justice Abbott told the Jury, that there was a mistake in the framing of this indietment, which would lead to the acquittal of all the prisoners, a. far as their lives were concerned, in con sequence of the description of the property given by the last witness ; and though it was open for the Counsel for the Crown to prose ed fur the minor felony, he understood from them that they would not pleas it, and therefore nil the prisoners must be acquitted. —The Jury accordingly returned.a verdict of—Not Guilty. A. R. Jessop, Joseph Easey, T. South the younger, M. Be nton, W. Dunn, and F. Torrington, were then indicted for having, on the night of the of May last, burelationsly broken open and entered the dwelling-house of J. Dewer, in the town of l.ittleport, and for having stolen and carried away therefrom 100 guineas in gold, and divers articles of furniture and wearing apparel; and with having assaulted and put in bodily tear the said 3. Dewey, ia his dwelling-house, taking front his person a I I. Mtnker's caslenote. Mr. Gurney, having described the case on the part of the Crown, proceeded to call the following s itnesses : J. Dewey (101 , 0•Vd, that he was a retired farmer, residing at Littleport : that he was 63 years of age, and that his wife was upwards of i'tt. lie saw the mob on tine 2Yei approach his house about eight o'clock in the evening. They were armed with bludgeons ' but he saw no guns. Their conduct was extremely riotous an d violent. Cites ill was the first who demanded money ; and on the mob breaking in, he exclaimed, " Go it !" Joseph Ease,. and R. Jessup assaulted and knocked down both hint and his wife, uttering various imprecations. A but eau WWI broken open, and heafterwards missed from it two bags, containing itt3 guineas. The drawers were thrown about the floor, and Dann was seen with a htuvilo of linen, which, however, he restored to Mrs. Dewey. lie could not say that he himself saw either Dann or Torrington in the horse. Martha Dewey, the grand•dattgliter attic last witness, stated that she was at his house ou the night in question, and saw Tor rington in the bruise. T. Dewey saw a mob proceeding from the house (ICJ. Dewey about hall-past eight o'clock, and heard one among them " We have cot the money." It was so dark as to pre vent his distinguishing the faces of individuals. Mr. Justice Burrough observed, that there was no sufficient evidence to prove that Torrington had 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 when the breaking was effected ; but by the course of law the prisoners might he convicted of a capital felony in stealing front dwelling-house. The evidence not being decisive wit h respect to Torrington and Dann, the Jury would probably deem them entitled to an acquittal ; hut he must leave to their consideration whether any reasonable doubt could be enter tained as to the guilt of the other prisoners. The Jury, in five minutes, gave a verdict of Guilty against Clwyd!, Easey, Jessup, South, and Renton; and acquitted t)ann an:l Tot ringtrm who are detained to take their trial upon other indictinents.—The Court adjourned at five o'clock. WEDNESOAY. Jt. 19.—The Court re-assembled at nine o'clock: when T. Smith, W. Dann, and R. Crabbe were indict ed for forcibly entering and feloniously stealing from the house of R. Speeehly, yeoneau, of Lattleport, sundry articles of wrar iug apparel, plate, linen, china, and glasi, his property. The Jury found all the prisoners Guilty. 3. Warner, J. Stibhard, 1. Harley, J. Newell, and W. Go tobed, who is not in custody, were indicted for forcibly enter ing the houac of the Rev. J. Vaebell, putting him in bodily fear, and taking from his person two 11. notes, his property. Mr. Gurney described this ease to equal, it it did not exceed in violence and atrocity, the circumstances of those which had already engaged the consideration of the Jury. Mr. Vaelvll, with his wife and daughter, were obliged, in order to save their lives, to escape front their own home at midnight, and leave their house a scene of pillage and destruction. In the perpetration of these enormities he should prose the prisoners to have been eminently active. • The Rev. J. Vachell deposed, that he first observed the molt assembling shoot nine o'clock at night, and went out with a view of persnading them to disperse. They complained of the lowness of wages, and his endeavours to repress the tumult were ineffectual. e returned home, considering that his family were in danger, and ordered the doors to be fastened About eleven o'clock lie heard a great noise and rapping at his door. He directed his servant to unlock it, and he asked them what they wanted. The.r number et this time did not exceed right or ten, but it soon multiplied till it became a great crowd. The prisoner Harley said they wanted liftmen and they must 144 have it. He gave them two 11. notes, with which they were not satisfied; some saying, " two newels will be of no use to ; we mnst have ten." Witness desired, if the 21. were of no use to them, that they should return them to him, which, however, they refused to do. He told them that he had not got 101., when the pressure beeame so violent upon him that he was obliged to eive way, and the mob entered his house. Newell was the man who received tlw notes from him. C. Crabbe proved that Newell was amine the mob who em. tered the house of Mr. Vaehell, and confirmed all the material points of his evidence as they affected Harley and Newell, whom the Jury found guilty ; but acquitted Warner and Stibletril. • J. Dennis, F. Hopkins, J. Cammell, J. Jefferson, and R. Rutter, were put to the bar, and indicted for stealing from the dwelling himse of It. Edwards, in the city of Ely, the sum of 301. in Baukers' cash notes, the property of the said R. Ed. ward-. Mr. Gurney requested the serious attention of the Jury to this very important ca-c. They could not fail to see that this clearer ins olved very important and delicate considerations; nud if the facts upoo which it tested should be made out in evideucc to their satisfaction, it must become their painful duty to consign the prisoners to the justice of their country. Mareal et Itiekwood said her husband was a miler, resident in the to•.rn of E!v. She saw the inith at her door between eight and nine ieclirek on the morning of the 43(1. Dennis was among eight or Mite tither.. who mune into the house. He lied a gun in iris hand, which she was positive had a leek to it ; others carried stable-forks and Wittig, ens. They asked for her husband, who was not at house. Sue told them she did not know where he eels, and inquired what was their wish. Some. body replied, they must have aol. or the hou-e and mill would collie down immediately. She said, " Sty good mat, you shall have it ; but don't break or destroy any thine." She desired her son to go to Mr. Edwards's, and get eel, from his bank im mediately. Before his return, Denuis said, he voted not quell the mob the money was not forthcoming, and she then heard two or three of the, windows crack on the outside. She ex. claimed, •' tiros shall have the money, fur I see I am going to ruin." She west up (Irmo' .treet %jib titian to the bank, but' steeple the mob deunolisltieg her Wii/(11)W , , said she would go no further, unless they were restrained from doing further mis. chief. Some then brought them a way, saying, " Come along; we are ettitte for the money." On her ,v,ty she met Mr. Ed wurds, to whom slic coinimmicated her impose. He desired her to take his atilt, and said, if there were a thousand of them, they should net have a pettily. She begged bite to let thees have the money, as it was impossible to pacify them °three ise when a person whom she del not know, sernek Mr. Edwards en the head, and the blood followed. Mr. Edwards afterward* observed, that if the intone must he paid, they were to send three persons into the home to rereive it; and the three whe went were, Dennis, Hopkins, and Sanderson, who is not In custody. It. 1• ` .dw'ards stated, that he was Chief Constable of Ely, at:4 agent there for Jlessrs• Morilock and Son, bankers, at Cam• bridge. The trio:, arrived at Edy between five and six o'clock in the moratine of the :led. Their numbers might :lament to about 'sue, and they came from Littleport toad. Most of theta o ere armed either with guns, bludgt ens, or stable-forks. They brought with them a waggish drawn by two horses, and 'minuted with large fowlers 21111 S, which projected forward d commanded the street. 'l•itey wet e assembled ill the market.place, when the younger Rick wood c: me to hint with the message from his mother, He took his staff, and proceeded towards the house. Having met them, he asked what antherity they bad to demand 501. This question was answered by a general cry of " We will base it," and he was immediately stritek on the head by sonic person with a bludgeon. Fiaditue himself likely to he assailed by others, be went back, and the mob followed him, shouting all the way. Ile placed his back against the door of his house, resolved at that time they should not enter, and desired his family to remain within. They drew round him, and lie received a second blow, when, conceiving himself to he in imminent danger of his life, he thonght it ne ee'ss:u•v to submit, and he desired that three of them would COOte in amid receive the money for the rest. Dennis exclaimed, " I'll pm fur Littleport." He considered, however, that Denuie was of service to hen in preventing the mob from doing him any iujury, and Ile observed, in general, that he made great exertions to restrain them. One vete , turbulent person in particular was repressed by him front the commission of mis chief. He heard the prisoner Hopkins say he would take for Downhaut, amid Sauderson for Ely. They came,into his shop, when he told them that they had made a very improper de mand, and before he gave them the money, he must have their names. There was a fourth person present, and Dienes men tioned the name either of Wilson or Burridge, but not his own. He then gave to each of the three le 11. notes, and 13.4., and holding the remaining one shilling in his laud, lie asked who was to receive that. They said it must be equally divided, and he accordingly gave them each a groat iu copeer. The mob then quitted the place peaceably. He gave the money not only at the express desire of Mrs. Kirkwood, but from tear for his own person mid property. Ile was agent for Messrs. Mortloek to whom he was responsible. The Rev. U. Miller observed the prisoner Js fferson very active among the rioters at Mr. Edwards's home, and crying "Go it; Go it." 'file mob, af►t'r receiving the money, at which the witnesa was present, wont away in differcut threes thins. J. N. Rainer is a draper at Ely, and was present at Edwards' house, and saw him struck by the prisoner Jefferson. Ifis like% ise saw Cainwell in the crowd. Dennis went in came out of the Louse peaceably. Dennis and Cammell come to his shop about 12 o'clock and bought riband, which Dennis paid for, and v..11.eh each of them put in his hat. The Rev. Mr. Law, a Magistrate of Fir, saw Jefferson and Rutter among the mob. He entreated flutter to go home, which he recnset, to do, and said he might as well be hanged as starve. They might, it they pleased, bang him up on the neat thorn-bush. ........ At:try Howe was in the service of the pri.oner Dennis. St.° recollected the mob coming to her ma-le Y., house oit the toaht of the 2.2 41, and asking fur bullets. 'they came ai cied three times, and said Der Ms must go with them. On her cross-ex amination, she said her master was in hot when the y raw, and that he went with them reluctantly. 'they said thy would shoot him iehe did not go. . - J. Martin, publican, o f Ely, deposed, that Hopkins and tit e others came to his house about woe o'clock and divided money among them. The prisoner Denni4,,in his defence, gave a recital of the cireutnatances in the evidence, for the purpose uf that he had acted ninlrr constraint. Mr. Iliint submitted, that the capital part of the . eharge could nut be maintained, as no legal propeity had be en proved to ve7it in Edward.. The Court reserved the objection, but considered in the menu tittle that the case ought to be sU mitted to the Jury.