The British Press; or, Morning Literary Advertiser.
London, England, 1809-10-28 00:00:00

Sitting.; before Mr. Maivowmusa mad 4 Refire
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of Magistrates.

COVF.NT-GARDEN it101:131t9. I
One of the• Grand Jurors stated to the COurt,
that the 111::s laid before them included tunny Per':
sons together, she ,proofs against some of whom',
were not strung enough to justify arraigning theirs
in a Court of Justne. Ile swished to be v.ifornied,
whether it was romnetesit to the Grand Jury to
make such seleeno,a. as they adjudged to he dglat
or whether the circuatstatice of dismissing the
charge against some, would iiercewirily,,issinde the
others, against whom the proofs were suftitiently
rubstandai ?

Nlr. A 1.1. LY said, that, in drawing up• the in-
dictinenti, 1w had guarded agidost such a roust,
quence, as he Iniir charvd ouch individual with
conspiring, fifty otheryi, (or more), wilkitown ;
the Grand Jury was therefore perfectly at liberty to
find a hill A. and throw out the bill against
i1e..0111111 to the proofs in each case. The Court
acquiesced 111 this opinion.
Its the course of the day, the following hills
were found azaiiist the following permtis, charged
with riot in Covent-Garden Theatre :•
A lege:sod. r Ross, Dwyer,Willista Hillhouse. wit-
'Lon Hauthury Awes, Briaat, Juts.; John/41.014m
Brown.

• OPCRA. HOUSE FRACAS.
PRIM CS V. °CHEW:AT.
Mr. Cuansv, as Costume' fur the Defendant,
stated, that the Defendant had committed an as-
sault upon the Prmiectitor, when in a state of linos-
ication, for witivii he had afterwards apo'lzi,erl, to
the satisfaction of that gentleman, u: condition
that it should be made as ruble.: us the *offence.
We (Mr. GI therefore, as hist:armee!, came for-
card in Court. to comply with that condition, and
to espre,s the deep regret which his Client felt for
the injury he had (toile. He trusted that, as the
Pio-ectitur was satisfied wits this acknowledgment.
the Court would not hesitate to dismiss the De-
fendant.
The COURT, after reprimanding the Prisoner,
and insisting strongly on the iinproprir ty of such
breaches of the peace, particularly by a foreigner.
who was taken under the protection of the law,
ordered him to pny Is. and be discharged.
SHOCKING ASNAULT.
Eduard Dogherty was indicted for a most cruel
and outrageous assault ou a feintde infant, only
bee years of age. The circumstances of this as-
sault are oE such a horrible and infamous nature,
116 we would not be justified in stating. It is.
sufficient to observe, that the evicirn, a folly sup-
ported the indictment. His only defence was,
that he was at the time in • state of intoxication,
and was not at that moment seninblu of any thing
that occurred, which gave rive to thteaccusation.
The Jury, without a minneut's eausideraTion,
found the Prisoner Guilty. He was,aeliteuced to
he imprisoned twelve months, and to be pilloried
at Charing-cross, in the first fortnight Of his im-
prisonment.- It appeared from the statement of
one of the Magistrates, after the Pisenier had been
found guilty, that' he had been a soldier in dui
16th regiment, and had been drummed out for a
similar offence. The Prisoner is a large lora,
up-
wards of 60 years of age.
The Pi osecutor was only the foster-father of the
infant. It being a mothsrless child, he had
brought her up from infancy ; bur father, a labour-
ing mom iarid him four shillings per week for its
support. . Ile outer' lie loved her as his own ; he
called her his Nancy, cut she called him . uncle ;
and that he was more limit at the Prison. is attempt-
ing such a :MIN, than if it had hero ally oilier
person, as lie had been a soldier in the same regi-
ment with h:in, and the Prisoner was in the delft of
battle wiili him, the pimeeuter, alien he lost his.
leg iii defence of his country, mid he would lose.
his life iu defence of his little Nancy I (Here this
imor, but brave fellow, sobbed aloud.)
Tlie BcrrcH most grmi.rously and
raised a fund to repay this honest veteran the ex.
prose lie hail beets at in csrrytuo on the prosecu-
tion.

The Jury, and almost every macerator in Court,
trite* tittle Nancy sinnethin4 ; her hat wiis 11.:4111Y
tilled with silver. It is io Niieh cases a.l!.e,e that
honest Jul:* Bull displuys his true character !
Thomas Masters, was indicted for stehling two
honks, from the sli.ip of a bookseller in W.anick.
Prisoner pleaded gaiky. •
The PioNecutor stilted, that the two I.noks laid
in the indictment were two Nutniters of iduhimcna
evedsoe, St
OCkdai film edition ; his
the front of the shop, stood open to thy day lime,
and the books were placed near the wle
they wens taken by the Prisoner. lle ;red osier
learned that the Primmer bore an exc.-hl. Mime-
ter, and had been at one time in a re.iseetehle si-
tuation in busiess fur himself, as a wholesale
barter ; that he had been reduced by misfortune, to
poverty ; sud that discuss must hare made him
commit the theft. He therefore trusted, the
Court would be as lenient to him as possible.
A Gentleman came forward, and stated, that be
was the means of the Prisoner's being detected:
Gann his appearance, and the extreme sorrow be
expressed, when apprehended, be was induced
to make every inquiry into the Prisoner's real cha-
racter, and, he was happy to say, that it bad
been most satisfactory. He found out that he had
lived six years as confidential clerk and conductor
to Mr. Ludlam, wholesale hosier, Wood-street, in
the City ; that Mr. Ludlam had the greatest re-
spect and regard for the Prisoner, and would ;tare
been happy to have assisted him. if lie had known
of his impoverished situation; but a false pride had
prevented the Prisoner from biting his Mutation
be known to Mr. Ludlam.
The Prisoner thin said, bealeaded guilty. be-
cause he could say nothing in extenuation of the
offence. He knew he hart offended the laws of his
country, and considered that it would be only add-
ing to theinsialt they had already receireol, to may
be was driven to desperation by distress. He was
54 years of age; and, he trusted, that, if the most
minute investigation was made as to his rilianltier,
it would 1i found without a stein. Neu' he had
committed• the act which he stood ade justly in-
dicted for. He was ar.utencrd to be *imprimis('
three dap, sad thendisaimirged.

r
,Y

eiP4'

NIL stionvertnicri PUMA

' • ‘, :-lAstammtc '

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. . _ .
.., • ~ • . - ••... t,. ,eir ••••—• .. . .
v:ritr Ifitit.iet,*4•4jrcee read, the *Ceramics. speist
soili,ns :—. ' ' ' -
Gesiit:eliti AO situ Ott APIs i c KV,
Debre tins pruceedlielthe dieddirge of that dettfor wllleb
.you knee brew saisensied here, and are non 1150511, to erne.
pine Libiek it . taper to goalie XuSe anCrOillUnt to foe
1,1
iiWitu a sett, • 'le, (mai Its cwotiumaace, a ... Ike artmenef .
UltiChltas heti p ere, ha
became of cousacirlab'e import-
iniket3 fie cisikisunity at large, as s a II as le eich.eadist•
duals sigre mar particularly not-rest( it, soil 10 % Web jeer
attehriou may he ealMd donee the premot Se sou e a,',1111 the
Greed JO3 y eoliths (..:dy and Elbert...a of vi estintimpre—. •
Ceittleown, it is a en filer of pubi.e notoriety, that 'eve sines
the opening of (lee new Theatre, at Coe. at garden, fur Wm
reception of the publiet great disturbance, absorder, and --
breeches ofthe peore have taken place; that it has heel de-
clared, by a lore, body of persons, oho have *erasable'. there .
for the repress pia, pole, Coati:Mess the Vropriefois, or those
who Moe the management of the teestre, •ruithl admit the
sualieuce at the prices c latch acre token p.evatios to the Isle *
... •
'drayhorse being destroyed by tire, they trill not permit '
them eiral represents:toes to be Icifortst4.l AV exhibited. or, L.
at least, will lot soarer these iv be. he isd, unit huddling on
*behold prices ; the most violent oui taps fate been rots. L \
mitted, and a knee body of the avaliesice hare beer kept
every night in a «tastiest state of ajarin mad terror • sod fhb
demand, as it is said, is claimed as a matter of right Goli•• ',
tlenieu, upon what ground this claim of night iregromishid, II ' • . •
know not—it as end, indeed, that el cry our at a Maybes*,
has a right to expecte; his approbation or enreiprehatima—he
it s.,—certainly mem. Les given a suet of mention to ;web
a practico, and the auiliencedrave been ice the habit of Mr- ,
pressing its approbation or dislike to whotever as 1,,,,,aghe
below at, by the clapping tit hinds, or barring, or some eel. •
.l; lit mark of applatise or disapprobation, soil this custom
is always submitted to ; aordperlispe it is fouo•d to be the
best or rosiest way of expreseitig its seehment upon Lich an
o:menion. ?apt pri.oents mare tit' discussion end amplitication, •
which midst ulliti rim take plan; bat, Gedlessee, Min
usage eau in no way be applied to the claim now eadde,
namely, adruission to the Theatre at • particular price. ,
As to the audience delennimug what the prices of Wade-
*ion to the severo different parts of the Theatre shell be,
and compeltiog the Propfietore, who leave. risked their fee-
tures, mad embarked in • hazartiosto undertaking, mare stir
posiug the house was illiatillnooO, Irbil*, 1 1111414X413111d; 011
by uo romans the ease, it is a demount whack is 'loot foterided
either in kw, in equity, or in justice...4lmin the siersjiga i
fanny the price of adtnission-oeio set of parliament; N. 1
case, no dictum fixing the prices, as to lie fora) to eseetiest v
such au optuitio. Geuttereen, the law, I take it, b meat
clear, that they can hare oo Barb right—the audience as I .
public Theatre camera be consadered as a Court of Jelhee,
recognised by the law,pf this ceuutry-, it has no legal mesas
of enforcing its decrees% or compelling obedience to itte em
dens. If it alight settle the puce of isdanisenio, whet IS
there it might not do! Might it nut gaud*, for meimple,
the salaries of the pertOrmers „the cupe.ve of the dressee„
the manner of lightish; the leo:se, and ma ona thr heatilie ~
whole train of management of the Times b to
say, that libel the tohlooice one ereuiug dechwedt, triediallatie
be reecisided sod undone_ by the andaeneeof the sus semen
leg a but, gentlemen, it there was such a eight "Abbe( he
the as:dimity (a supposition is my openers exammely sib.
, surd) if it did exist. it amid not be istaiutaiteed•hg lifulated . .
a breach of the Peace; even just and lam fol-rights eamidll '..
be established by unlawful proceedings ; by the lee of the
country, Doman ease be a witness in his emu Cairn • no man,
in his own sue, can take the execution of theist; man be
own hands, nu use, except in the single hesitance of eel,. •
defence; if he has a right to establish, or an ink' N,
complaiii of, it roast be by the moons el Segni
and not to mike am of that dangerous engiae, a riotous ,
mule Gar any purpose whatever.--Genikinee, tab seesies
of eight (it. it is a qweetion) as to the price of admission lets
a Meats*, iii mot a questom far dispassion is this teed—us '
,
s• ...not competent to abide apse it in ilia obey ; sad them-
bee, Gentiesewo, I canhot help ea:titivating yeti net mew•
tangle yourselves sod your jedgusent in the decode re-
epectieg the prices of admission ; if it is thought they
are umeasonatily high ; if it is theught too much money
has been laid obi on the builtiang, or that the totem*
deiceneiterm ravages costly, or ithaepow is the meter lia
dispute, it matted he insestieated lay yew; or"b1g•Ililr mh
but,Gentientek, if there should he indictments bid teem
you, charging peurtienlar presorts with riotous isijcsedings, '
with anlawfuily aseemblitig together, to disturb the poses
sad good order of the Theatre, or to aim nay tralawful acts to
the alijory tif that eropitetios of the Theatre, or to any pees
sons: these, Ge 'drawn, are matters for yam aerie's tonal-
derstiese mad are propt•riy crognisabte before rats. me • tire* •
Jury fay the Cite and I.ibertiesuf Weatinioster.—Yoeisdheas-
fore, is as straight forward line, merely to marches pelt.
masa a ondhe indictments laid before you, and to detention
whether tier charges are sufficiently proved, to colt upon yon
to rrtunt the.livills to Le Woe bills, as to the fates elle, is
order glut the accused party limy be pat 'spun hie triad. •
eientwinen, an comnima COOVerSIOIOIS, we all pretty well
know how the terms " riot," .• unlawhilly assembling," and
other legal hams are understood : betas it is impurtaal,nt
this tinac,thni you should have clear sod distinct tikes what
constitutes this offence, I think it my duty to state to you
the law upon this subject, and I .chassee rather to do
it in the language of a learned writer, who. well es.
alcrstood the criminal law of this country*, sod who
is often quoted in this Court, as eell as tillothers; I
mean Mr Seajeant Mot:Mies ° Treads: on the Pima of the
Craven," under the bead of Moe Ile Lays, .• A riot as • tn.
militaions disturbance of the peace, lay three persuos, oe
more, assembling together, of their own authority, sills is.
tent mutuelty to iigalst one smother a and afterwarus actually
clue:unite thy same, in a •i,leat and terhalent nisaner, IS
the ti ,ror of the people, whether the net intended were of it-
, sill imitul or milawfni " Ile says, lino, or al herceer throe
perrome.or mere, oar force and eto:ence in the eXOCIIIIOS
of any design whatever, wherein tee law dues sot Mix"
the ate nt emelt fore-, all who are eueeerned therms
Are rioters; anal it a seat only inatul, but also come
mendable, to assemble a competent "umber of people, is
ander, ante force, to suppress teem. He cry., •• If a sea&
serial others actually eugaged iu a riot, :oleo bier af to •
them, and egoists them, he is as much a aioter, se if be had
tarsi assemb MI with them fur the seine purinre " I. is tum
they laid down by hiu., .• that if there are three er m oe per-
sons joined .a doing an act, which is not an elseit sulawiel,
such as a %moving a moss,. e, a hide may Lawfully be dome is
a peaceable mealier, yet if it as nauseeeiaraly alone in a vie.
lent and tumulisous rammer, to the Caine of Ills Maitett•re
buita
sujects, that is, is eadaratiou of ie.., • red." lasitlits
teen, so careful is the Law to prevent disturbance end bir, ads
of the public peace:a...Gentlemen, t Los is clear aces iotelligible
to every eupacity, sod is rrruga..ed stud continued by a Ira. .
riety of authorities and cases oti the subject. Geetiessea„
as loan ae.lawtal asesiably, tient is, wlrt!re cheerer muse per-
sons assemble ttesiscives iug..tlier to io sit eulawfm act, this
aseenahling is so sobs fad peoceediug, and ponidtable by h• 0
and imprisonment, eves those, they separate e Owe* doles
the ad loitered ; sod this aside of asocrnbitag together fur
• nehinirphsc, is as much as unlawful seeenshly in ippahlie
Theatre, se to the peraSIOS COlSCelned to it, as It OVIIII4 be nil
may other place; the uulawful design creates the übssee„
sad therefore the place is immaterial
reentleisteu I am without in•rn•mation what proceedings
are it, take place in this Court; tit a:cant-comae a the transac-
tions tient have take* place, seine persons hate bees eons- •
mitted, and I tosakicstainl minx more have Wee bound moles
recognisance to 11,11SUCC for the effeoces charged against the..
I have stated to you, Gentlemen, what I t.nteive 10 he the,
law upon these extraordinary transactions, which hare of late
i-reated so much dread mid alarm. I can iney, soy, if indict.
rotate should be lad before you, they will require year meet
seriemairoesidaration; that enns:deratacin I direitt mit, yon
' will give • you v. ill do it, emanate it is • doily hacembent area
you, and Upon US nil, to endeavour to preserve penes o 4
gaud order; said you will diva, seeorilimg to the suture es*
w bleb you Yoe jest sow taken.
Geolkinen, I a all nut detain yew bore, yes will ewe be
plested to roars andelehbeiste opus the IMO@ that MST be
brotigtot before yea. .. .
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We andel...l4mi Mite N. dooghter of G•netol N.
eloped with Mr. G, a cooseJleo. has Toolsiidigo.
Wells."' iatti data Shbes. • ,

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