The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-03-07 00:00:00

EAST WORCESTERSHIRE ELECTION.
THE RIOTS AT HALESOWEN.
PROCEEDINGS BEFORE THE MAGIS-
TRATES.

At the Halesowen Police Court, on Tuesday, be-
fore Major Smith, Messrs. F. W. G. Burrs, Henry
Howard, and J. Watson, ten persons were sum-
moned for actively taking part in the riots which
occurred at Halesowen, one of the districts of the
Eastern Division of the County of Worcester, dur-
ing the election on the 12th of February. The de-
fendants were :—Mary Clarke, Emma Budge, Wm.
Hackett, Edward Jones, Heber Budge, Thomas
Budge, Charles Budge, Joseph Duunaker, Abel
Moore, and John Glaze, all of Halesowen. They
were summoned "for that they, to the number of
twenty or more, did riotously assemble, disturb
the peace, and assault several individuals."
Mr. Stokes, of Dudley, appeared for the prose-
cution, and Mr. Buszard, barrister (instructed by
Mr. W. Morgan, of Birmingham), for the defend-
ants.

The case excited great interest, the Court and
its approaches were crowded. Lieut-Colonel Car-
michael (Chief Constable of the County) and Supt.
Hemp were present to watch the proceedings on
behalf of the police.

Previous to.opening the case, Mr. Buszard said,
as he understood that there was a considerable
amount of political feeling connected with the case,
he would respectfully suggest that any magistrate
who had taken an active part in the election should
not take part in the adjudication of the case.
Mr. Stokes The prosecution is instituted by
the police, and not by any political body.
Mr. Buszard : Well, I respectfully suggest that
what I say should be taken into consideration.
Mr. Stokes: Well. I presume that the gentle-
men on the Bench, by their sitting quietly, show
that they have not taken any part.
Mr. Buszard : Well, I know it it is not so. I sub-
mit that my suggestion should be acted upon.
Mr. Stokes This is merely the preliminary ex-
amination, and should be investigated by the magis-
trates presqnt.
Mr. 13uszard : I should be satisfied by the case
being adjudicated upon by Mr. Barre and Mr. Wat-
sm. I don't think it should be adjudicated upon
by a gentleman who was chairman of the Conser-
vative Committee.

Major Smith: I don't think anyone else than
yourself would impute such a thing. It is a most
insniting remark to make.
Mr. Buszard You mistake me, sir. Nothing
is more strictly adhered to by her Majesty's offi •
cials than:the wevention of any judicial act which
might be construed as having been done in a party
spirit. I don't see why my remarks should be
thought offensive. I have only thrown out icy
suggestion. Far be it from me to attribute any-
thing unfair to the Bench.
Mr. Stokes (to the Bench): I appear for the
prosecution, and I don't think you ought to aban-
don the case. I have been engaged in most of the
cases of rioting, and I am glad to say that this is
the first time that counsel has objected to the
magistrates. I appear for the chief of police, who
his not the least knowledge whether the people
summoned are Liberals or Tories. It is a most
Mime ler objection.

Mr. Buszard : It is nothing to do with Mr.
Stokes. I hope the Bench will consider the sug-
gestion I have thrown out.
Mr. Howard. Why can you obje Ato Inc.

Mr. Barra : It is merely a prong facte case. It
is not the final trial. I don't see why anyone
should retire. It is not for us to adjudicate.
Mr. Buszard. : I submit it is, and that the
Bench will have to adjudicate before it is over.
Mr. Stokes : I should suggest that out of res-
pect to the other ,magistrates no one should re-
tire.

Mr. Buszard : What business is that of yours,
Mr. Stokes.

Dir. Stokes : It is quite as much my business
as yours. _

At this point the Bench had a short consulta-
tion with Mr. Gem, the magistrate who had re-
tired as soon as the present case was called on,
after which

Mr. Gem, addressing Mr. Bitszard, said: I
should like to know what disqualifies us from act-
ing on the Bench. I don't think you have a leg
to stand upon, and that it is an insult to the
Bench.

Mr. Buszard lam sorry that you should think so
I have said nothing about disqualification. I don't
say there is a disqualification. I have only made
a suggestion, which the magistrates may act upon
or not as they think proper. I believe that what
I have said cannot be misunderstood.

Mr. Howard: Can you state any. cases where
magistrates retire?
Mr. Buszard : It is the invariable practice when
magistrates are in any way interested in the cases.
Magistrates frequently retire simply because they
are shareholders in companies which have an in-
terest in the cases at issue. Mr. Watson, Mr.
Wiggin, and other magistrates, under similar cases
hive offered to retire.

Mr. Stokes : I have a large body of witnesses.
an I I object to an adjournment.
Mr. Buszard : I appear for the defendants, and
I object to an adjournment. There are two gen-
tlemen who are perfectly competent to try the
cases—Mr. Burrs and Mr. Watson. The'indigna.
tion which the Bench have displayed really shows
that there is some propriety in my observations.
After a consultation, the Magistrates decided
not to act on the suggestion of Mr. Buszard.
Mr. Stokes, in opening the case for the prosecu-
tion, said the defendants were charged with riot-
ing, and that the evidence of their guilt would be
so abundantly proved by the witnesses, that it
would be the duty of the Bench to commit them
for trial. He would show that there had been a
riot, and that each defendant had aken an active
part in it. But if it were shown that all were in
the crowd, and that one of the persons committed
an assault, one and all were liable for the conse-
quences of the assault, notwithstanding that they
might have taken no actual part in it. He Lad no
hesitation in saying that was the law with regard
to all of them, whether they were proved to have
demolished any building or not.
Mr. Buszard : They are not charged with demo-
lishing building.

Mr:Stokes: But they are charged with per-
sonal violence, and they are liable to he punished
for actual violence.

Mr. Buszard : Under what Act of Parliament
is the charge laid down.
_ _

Mr. Sts: 7 and 8 George IV.
Mr. Buszard But what chapter.
Mr. Stokes: I aui going to take it aa a mis-
demeanour It common law.

Police-sergeant Cowell, stationedlat I.lalesowen,
deposed that the 12th of February was the polling
day for East Worcest, rehire. Halesowen was a
part of that division., and there was one pulling
station at the National Schools. Witness had a
number of men under his command, and it was his

duty to visit them at the different stations. A
large number of persons were assaulted in the
streets, and the police were interfered with by the
defendants. About mid-day the crowd in front of
the polling-booth became very large. No weapons
were carried. The crowd then became disorderly,
voters were prevented from polling, and the police
were celled upon to protect them. The force of
police was found to be insufficient to cope with the
crowd, and the , Staffordshire Inspector, who was
on duty, ordered him to procure more men. When
he returned with them, he found that the crowd
had increased, and that voters going to the poll
were being hustled away. People caught hold of
them awl prevented them from going to the poll.
He went into the crowd with his men to protect
them. Until about two o'clock they were able to
to protect the voters in obtaining ingress to and
egress from the polling booth, but after that time
the police on duty were completely overpowered,
and a considerable number of voters who came up
were "carried clean away." They were altogether
prevented from voting. Some voters came up in
vehicles, but the conveyances were not interfered
with. The police were pushed here and there by
the mob, but no violence was exercised towards
them at the time, and no stones were thrown.
Mary Clarke and Emma Rutlge were busily en-
gaged nearly the whole of the time in inciting the
people not to allow persons to go and vote. He
warned the two defendants several times about
their violent conduct. The reply they made was,
"We can do what we like to day; there is no law
for election day." The Rudges and the other de-
fendants were amongst the crowd, assisting in pre-
venting voters from going to the poll. About one
o'clock a voter named Roberts came up, and was
mobbed, losing his hat in the struggle to get to
the polling booth. Emma Rudge and Mary Clarke
were behind, pushing the crowd forward. The
crowd suddenly gave way towards the church, and
Emma Rudge fell down head formost. He re-
marked to her, "You have had a lucky escape if
your leg is not broken." At this time Heber
Rudge was one of the principal ringleaders in the
disturbance, and a relative attempted to get him
away, but he would not go. All the voters who
came up wearing blue ribbons were:allowed to vote
with mat molestation. The blue ribbons were dis-
tinctive of the Liberal aide. A wagonette load of
voters who came up on the Tory side from Oldbury
were mobbed as soon as they had alighted, and
were carried straight away from the vicinity of
the polling booth. There were some voters who
wore no colours at all, and they *ere interfered
with. Two colours were wore, blue and red, and
the former were allowed to vote, while the others
were prevented. He did not notice a single voter
go up after three o'clock who sported colours.
About twenty minutes to four o'clock a crowd,
numbering between 400 and 500 persons, got over
the palisading of the churchyard, and rushed to
the rear of the schools where the polling was go-
ing on. After directing the police on duty at the
doors, to make them firm, he met and remon-
strated with the crowd, telling them it was dis-
creditable to break into the churchyard in that
manner. The crowd then made a great noise, and
one of the school-room windows was broken.
Shortly before five a similar demonstration was
made in the churchyard, the crowd having consid-
erably increased. They got close to the windows,
and the polling clerks inside were greatly alarmed.
Between four and five a son of Mr. Gem, J.P., was
going along Church Street, when he was stopped.
Witness went, with Police-constables Knowles and
Simpson, to his assistance, but by that time he
had been hustled about, and his hat knocked off.
Stones were thrown by some of the mob. They
succeeded, after some difficulty, in getting young
Mr. Gem away, The Birmingham Police, who had
been telegraphed for, arrived about five o'clock.
After the polling was over one ballot box was
taken to the Public Office under the guard of the
Birmingham police.

Mr. ft uszaa'd submitted that what had been said
about the arrival of the Birmingham police was
not evidence.

Mr. Stokes said he should prove that, and the
sending for the military, to show that there were
riotous proceedings going on.
The Court overruled the objection, and the wit-
ness continuing, said he did not know what hap-
pened to the Birmingham police while they were
guarding the removal of the one ballot-box referred
to. The ot4er ballot-box was got away by strate,eui
When the polling was over he marched froin'the
polling-station to the lower end of the town, and
his force was then stoned by the crowd that fol-
lowed thew. They were obliged to separate ass
body to escape the missiles thrown at them.
At the time young Mx. Gem was assaulted.
he saw the defendants in the crowd. The stone-
throwing had ceased, when the military marched
into the town. They had been telegraphed for.
After their arrival the Riot Act was read. Previ-
ous to the Riot Act being read some stones were
thrown at the windows of the Public Office. The
Birmingham police, the military, and the local
force where near when that took place. Through-
out the whole of the disturbance the defendants
occupied a prominent position by their riotous
conduct.
By Mr. Buszard; The polling took place on the
12th of February, and the summonses were not
taken out until last Friday—three weeks after-
wards. The informations were laid by Superin-
t mdent Kemp. There was a large crowd, and it
was not extremely good humoured throughout the
azky, or until the soldiers came. Re believed that
Mr. Hayes (magistrates' clerk) elegraphed for the
soldiers. Major Smith read the Riot Act between
six and seven o'clock. Probably there were three
panes of glare broken altogether. The people op-
posite the polling booths put up their shutters.
Many people seemed terrified, and di% mica the
night coming on.
alt. Buszard: Do you mean to Fay there was no
polling after three o'Auck
. .

Wit'neite; Voters who came without wearing any
colours could nut go there at all, but those who
wore the blue ribbons were allowed to &so with..
out interruption._ _

Mr. Bossard: Do you mean to say that during
the day any voter did come up with a blue ribbon !'
Witness: Many, Sir. The majority of the
townspeople had recorded their votes early in the
morning, and the voters was speaking of came
mostly from the outlying districts. He had been
told that a man named Powell had been, and a
inan named Robinson said he was afraid to come
to the poll. A maim named Hollis told him that.
He was not present. Hollis went part of the way,
but returned.
Several of the defendants hereupon asked that
the man mentioned might be fetched, upon which
The witness said he heard that Rudge was a
friend to him on the day of election—(laughter).
Mr. Buszard : Then when Hollis went to record
his vote Rudge was not riotous ?
Witness, No, sir—l don't know—l did not see.
I saw several of the defendants taking an active
part in preventing persons recording their votes.
fire crowd was good-tempered enough until Mr.
Gem came up. Mr. Roberts had his hat knocked
oti, but it was picked up and handed to him. In
his judgment the riot began when Mr. Gem came
" Besieging " the school-room windows, by
looking through them, made the polling clerks very
much afraid. Mrs. Clarke was very violent, and
excited the mob very much by saying, "Don't let
the Tories vote." There was a little political feel-
iuo• amongst the crowd. All the defendants were
Blues—Liberals. After live o'clock, when Mr.
Allbright addressed a meeting, all was quiet. The
military afterwards came up, and the Riot Act was
r..ad. The crowd numbered about 2.000 persons,
aud was very good tempered. Towards six o'clock
there was a charge against these men, and the
military and the police were stoned. Witness did
not know that two men at Colburn and:Summers'
would have been summoned had it not been found
out that they were Tories. Witness went to that
firm, and was asked if the men were going to be
summoned. He gave no answer.
Mr. Buszard : Were the men in the crowd ?

Mr. Stokes : I order him not to answer the ques-
tion. _ _ .

Mr. Buszard I. insist on the question being
answered. I will leave it to the Bench to decide.
Mr. Stokes: I advise the Bench that it should
not be answered.

Major Smith : I think he is not bound to answer.
Mr. Stokes : It would perhaps defeat the ends
of justice if he were to answer it.
Mr. Barre : If it would defeat the ends of justice
he should not answer it.
_ _

Mr. Buszard I insist that the question shall be
put down on the deposition.
Mr. Stokes: I say you have no right to ask that
question, and that you have no right to ask any
question without the p, rmission of the Bench—
(laughter).
Mr. Buszard Don't talk such nonsense.
Mr. Stokes : I say he has no right to answer un-
less he likes. If the Superintendent says he must.
I say he can. I will take my stand. The man is
not bound to answer the question, but he can if he

Mr. Buszard I shall tell the Bench bo make
him answer.

Mr. Stokes I shall insist on it not being an-
swered.
Mr. Busaard : It is too absurd.

Ultimately the question and the refusal to an-
swer were placed upon the deposition.
Cross-examination continued : Two men, of the
name of George Powell and William Jones, worked
at Colburn and Summers'. The Birmingham po-
lice used their staves pretty freely. Superinten-
dent Shepherd g,ave the orders. He did not know
that Mr. Howard, the magistrate, gave the orders.
The police used their staves immediately the Riot
Act was read, because stones had been thrown be-

fore. He saw Mr. Howard in that room at night. I
Directly Major Smith read the Riot Act, the I
soldiers were ordered to clear the streets, and the
police were ordered to charge the mob.
Police-constable Drew said there was a large
concourse of people by the polling station. They
appeared to be pretty peaceable until about 2.30,
though many voters were hustled and pushed
away. About four o'clock he saw M. Gem, senior,
assaulted when coming towards the police station.
He noticed Hackett holding Mr. Gem against the
wall, and threatened he should not vote, because
he was unfair at the public office. Police-consta-
bles Simpson and Knowles assisted Mr. Gem away.
I The whole of the defendants took part in the dis-
turbance during the day.
Cross-examined With the exception of himself,
who had a smack on the arm, no one was hurt.
Roberts was pushed about, and pushedhimself, be-
cause he could not help it. Mary Clarke appeared
to be the ringleader. The people did not seem
very much frightened. He could not give any
specific act of any of the defendants, except that
they were amongst the mob. He did not see one
of them throw a stone during the whole day. He
only saw Hackett do anything. He had hold of
I Mr. Gem. The defendants were hustling and
shouting like -hundreds of other people. What
he saw took place between three and five.
Re-examined : Mr. Gem had not his baton when
' he was against the wall.
I Mr. Edward Gem said he was an elector of the
' Eastern Division of the county of Worcestershire,
and on the day of the election he came to Hales-
owen to record his vote. Before he arrived at the
polling station the crowd was so great and bore down
upon him with such force, that he made very little
headway. He endeavoured to nearer, but find-
ing it quite impossible, even with the assistance of
two policemen who were near him, he tried to get
round by another way. Several stones fell about
him, and one struck him, but did not hurt him
much. Another stone struck the helmet of one of
the policemen guarding him. The police were per-
fectly powerless. With the exception of making
hideous noises and throwing stones, the crowd was
pcaeeable. They went up Islington, to try to get
round by Love Lane, but the same body of people
accompanied them, and by the time they arrived
at Love Lane it was occupied by the mob. The
body of police had increased, but he saw that it
was quite impossible that with their force they
could control the mob or pass through them.
Some stones were also thrown at themas they were
going up the Stourbridge Road, and finding it
quite impossible to approach the polling booth, he
went away by another route. He was pushed and
hustled about, but could not swear to any particu-
lar person who did it. The mob surrounded them
and prevented their onward progress. He did not
vote. It was impossible for him to do so.

By Mr. Buszaird : He did not consider that the
mob was at all good-tempered, although they might
have been worse than they were. Three or four
stones came about his head.—Mr. Buzzard: You
would hardly call it a riot then ? Voters were ob-
structed and prevented from going to the poll.—You
see that your side got in, fortunately. We did not
know it at the time.—Did you call it a riot? It
nearly iwroaehed to a riot. There were a great
many people around me who were alarmed.
Mr. A. H. S. Hayes, surgeon's asststant, was
going through the town on the day of the election in
the discharge of his professional duties. He was not
a voter or a partisan on either aide. While passing
near to the polling station about five o'clock he met
the crowd, and some one called out, "Here collies
another—Tory," He told them he was not on a
political errand, but was going to see a sick child.
They would not credit his statement, and refused to
allow him to pass. Thomas Railge tore his coat to
pieces, and Duuaker caught hold of him. lie was
severley maltreated before he affected his escape from
his rough assailants.

Mr. "Joseph Davenport, farmer. Quinton. had a
vote for East Worcestershire, and came to Hales
Owen to record his vote. He did not display any
colours, but was badly treated before he reached the
poUi g-booth. As he attempted to pass through the
crowd they kept pushing him back. Not being easly
intimidated he persevered, and succeeded in passing
through to the polling booth, experiencing very great
difficulty in keeping upon his legs.
By Mr. Buszard Did you ever see a quieter elec-
tion than this one ?—There was not much quietness
about it—(laughter). The intimidation he received
was abominable.

Mr. Walter Summers, ironmaster, witnessed the
attack niade upon Mr. Davenport, in which the de-
fendants Moore and glaze were principally concerned.
Voters came up in cabs, and alighted, whereupon
they were forcibly taken away, and not permitted to
go and vote. If anyone would have given him £lOO,
to have gone through the crowd he would have re-
fused it.

In cross-examination, the witness said he was a
Tory. On the day of election he did not fdischarge
a boy because he was wearing blue ribbon. He told
the foreman not to let the lad work until he had seen
him, because he was absent without leave. He asked
Sergeant Cowell whether any of his men were to be
summoned. Two men in his employment were named
George Powell and William Jones. He believed
Jones sake him on Saturday if he was going to be
summoned. He replied that he did not know, but he
would do what he could for him. No ono in any
official capacity rigid anything to hiin about it. lie
could not say why Sergeant Cowell called on him,
unless it ts Os to look around.

William Joseph Moo.o said on the day in question,
he was bringing voters to the pull. About 130 he
was mobbed. He was knocked down and Blume got
on the top of him, and "jowled" his head three times
on the ground.
Wilhnni Roberts, horse uail maker, tad he saw
Abel Moore near to the last witness but did not see
him assault him.

In eross.exanniuntiou, the witness said he believed
Abel Moore to be as honest and straightforward a
man as ever lived.

Robert Smart said Mary Clarke ran at him, saying,
“Here's another Tory b—," and catching hold of
his jacket, pulled him round.
Cross-examined He struck at her, but his fist
canght another woman (en the face.
Police-coustable Hill, stationed at Walsall Wood,
blentiticd (Haze and Moore, as taking an active part
in the disturbance. Hackett threw a stone at Mr.
Gem.

eroes-examination, the witness said he did not
know a single person who was prevented voting. lie
should think a dozen stones were thrown altogether.
When the military mune he did not see one of the
defendants.

Police-constable Knowles identified Moore and
Glaze as taking a Prominent in obstructing voters.
Witness was struck with a stone.

Police-constable Simpso-n-icre;tified Glaze, Charles
Rudge, and Mary linage as being exitable, and try-
ing to prevent voters coming up. Mrs. Clarke was
excited and used bad language. Herber Rudge
kicked witness on the ankle. Douaker said to wit-
ness, "don't pinch use, or I will pinch you."—
Hackett, Herber Rudge,and Donaker were engaged
ill the assault on Mr. Gen,.

This was the t7s.--si7for-tl7e. prosecution.
For the defence, Mr. Renard submitted that there
was no evidence against Glaze, Jones, Emma Rudge
Charles Rudge, and Heber Rudge.
The Magistrates retired for a short time. On re.
assembling they sabl there appeared to be no evidence
against Emma Itudge, Charles Rudge, and Glaze.
Those defendants were accordingly discharged.
Mr. Baszard then submitted that there was no
evidence of riotous conduct against any of the de..
fendauts. To constitute a riot there must be an
assembly of persons such as to cause bodly fear and
general terror. No doubt when the Riot Act was
read things had assumed a riotous aspect, but not II
single witness had spoken to having seen any of the
defendants at that time. Some of the defendants
might have beau guilty of assault or obstruction, fur
which a fine would meet the offence.
_ . _

believe the were tel -
graphed for at two o'clock.

-Mr. Buszard : I don't know who the opinion of
an individual magistrate may he, there is no evidence
of a riot prior to to the close of the poll, and there is
no testimony show that any of the defendants where
seen after that time.

Mr. Barr,' said he thought it was a case for a jury.
Mr. ituszard said ha should call about 20 witnesses
for the defence, who would put an entirely different
aspect on the case.

i.lr. Haves -s-aid.it was impossible to finish the ease
that night.

--
After a short discussion, the ease was adjourned
for a fortnight.
Mr. Buszard assured the Bench that he did not
impute than the Magistrates would in any way act
unfairly, when he made his suggestion at the begin-
ning of the case. He hoped that no other iuterpreta-
tMo would be put on it.
Major Smith replied that no one could be more
disinterested than he was.

The proceedings occupied nearly six hours.
There were a considerable crowd outside the Court
at the adjournment of the case, but with the excep-
tion of one or two yells all passed off quietly.

BREANFAST.—EPPEI'S COCOA.—GILATEFUL AND CON•
PORTING.—" By a thorough knowledge of the natural
laws which govcrn the operations of digestion and a .
trition. and by a careful application of the fine properti,
of well.selected cocoa, Mr. Epps bas provided our lima-
fast tables with • delicately flavoured beverage which
may save on many heavy doctors Service
hfiineve. Made simply with boiling water or milk.—Sold
by Grocers only, labelled— " JAMSB Eppa & CO.,
Honi.opatbic Chemists. 48, Threadneedle Street, and
170. Piccalillyt,; Works, Easton Road, London.
MANCFACTORE OF COCOA.—'' We will now give NM te •
count of the process adopted by Me,ra. James Epps &
Co , manufacturers of dietetic articles, at their works in
the Easton Road, London."—See article in Cassell's
duaselgold Guide.

...mod and Put,lished by the bole Proprietor. dINDON.
FIELD, at ht. Daces, $2, 1110-2121.2. 820116141118, 'a
he County of Worcester : to ',blob place eli IMMO MI
tiler coutundroostlone must be bl Ireleet.l
atarday, March 7, 1874.

Printod