The British Press; or, Morning Literary Advertiser.
London, England, 1825-09-14 00:00:00

MIDDLESEX SESSIONS, SEPT. ig.

Joseph Barber, DavielJefereyr, Thomas Sullivan. Juh• Valli•
1471, henry Adams, and Jobe !Alin, were indicted for creating •
riot, and assaulting and pulling down the house of Joe. .Ssali
butcher, on Liniehouse-causeway, on the rld of hl arch last. Lilly •
the constable, was indicted for no: presenting the demulitson of the
house.

Mr. ADOL Pnus mated the case at great length. •
.Fonathan Saul.—l carried on the business of *butcher on the
TA of March last. I have been in busine,s nearly three years. I
i paid rent under w protest. On the night before I beard something
ofk threat by Mr. Barber, who said that he would pull my house ‘
down. I said that if he did, I would shout him. s•ext inewninia,
I „bout six &elect:, Barber and some men came with a ladder, which
theyyitched. I said, You. had better not, Barber, for you will
rue the day." lie said that he 'maid have the house 'town beton:,
twelve o'clock. He wont on hith the men, and pulling the first brick
down, said, " Here goes—where's your pistols now ?" I asked
the protection of Lilly, who said. " H--n you, why don't you
stand thmt under the roof ?" I said fist I would seek reparation
elsewhere. The dug occasioned by the demolition of the Write
spoiled all the meat. I asked the workhouse. manager to take It
there, and he said, " Wily they would not eat it thertr"rhe
quantity of meat was worth about thirty pounds. 1i said, " 114,
God ! what shall I do—here are my wipe and family of Mae Oil.
dren ruined by this destruction ; my sister is also near her•ccualanea
ment, and in danger of her life." While acme *ere palling the
house down in front, others were pulling down at the back. By three
o'elotk the house was entirely detr,,,,Uslied, and all the materials.*
bedding, furniture, &c. carried amity. Adams, a carpenter and
joiner, bought all the tr:!erials:4lle said afterwards, that he
would have given one hundred pounds not to have had anything to
do with it.

Cross-examined .:4 don't know if they were pulling down houses
in Crown.street and the neighbourhood for improvements.
Zipporah Pyne, sister of Mr. Saul, confirmed his testimon She
was in her last stage of pregnancy. As the men began with i llinFe
iron, she called out to them for Clod's sake to desist, as she eras 1R
danger. Jeffery. said. " Oh, tl—n it, never mind the
they are better out of the world than in it." Another said, " %VI)),
man, look, she Is as large as she can tumble "—meaning that I
was in a heavy state of pregnancy. The meat was all duitreyed.
Mr. Adams was giving orders to people to pull down the building.
The house was completely-destroyed.
The evidence of severst other witnesses was to the same effect.
Mr. ALLEY submitted that there was no proof of TlCS—tilt/
first count was therefore untrue, and the case could not go to tha
Jury on that head.
Mr. BRODER:CL said that it was manly the detrru•Alon of
private property, and no riot. . •
Mr. ADO LPH e contended that there was a riot I for .what he
wodeistood the law to mean Iny net was, the illegal assemblage of
any number of persons ezrezdmg three, which was the case in this
Instance. •

9:r.Pitimi.res argued that it was clearly a riot, and that tho
parties were guilty of an asrsalt, for oue of them said that a
woman's life was nothing, anti actually struck htt with a brick.
Mr. ALLEY replied. . .
During the discussion the 0. P. row or riot was instanced on both
'Wes, as being and not being in point.
The CNAIRMAN said, that only part of the question et issue was
brought forward—they were VI completely in the dark as to tho
right of the property. Now, !te must say, on the point of riot iti
this case, that it did oot sufficiently appear that the two.prisoners as
the bar (for only Adams. the headborough, and Dilly, the con.
siab!e, were present) had been the guilty persons. As tO the falling
of some mortar on the woman's head, while the house was io course
of demolition, it was too much to say that c brick had been thrown
at her. The whole appeared to have been a private quarrel, and,
he was sorry to see such petty broils dignified now-a:days with the
high sounding titles of conspiracies, riots, and trkasons. In the
present cash there was not enough to constitute a riot agaiust the
parties at the bar.
_ . _

The Jury then found them.-. Not Guilty.
John Mason, and Mary Atiis. his wife, were put to the bar,
charged with assaulting Thomas Wilson on the 14th of June last,,
in the parish of St. Pancras.
Mr. C. Plitt Li PS said, the Hentlemen of the Jury would pro-
bably perceive that the preitent• case was one arising out of that
which was decided yeatsrday, when his client had the misfor-
tune to nand in the situation which was now occupied by the cele-
brated Corn Doctor and his amiable help mate, and received a
verdict against him. But he was quite certain that if the evidence
he should produce to-day entitled Mr. Wilson to their verdict, they
would tot sutler any antecedent occurrence to bias their minds
so as to induce them to withhold it from hint. He (Mr. C.
Phillips) observed, that the Doctor imagined his success yesterday
augured favourably for his cause now, and by his smiles and tokens
towards the Jury Box, it was obvious that the gentleman flatter-
ingly fancied lie had some good friends there. Rat the redoubtable
Doctor would find himself mistaken if he supposed the Gentlemen
in Oct box would give a Verdict contrary to the evidence. The
present case, although in some degree connected with the one de-
termined yestenlay, was still in itself a distinct and separate trans-
action. The fact was, that about two hours after the burning of
' OUX Faux, which the Donor oddly enough mistook to be the
exact image of himself, and consequently felt called upon to resent
the indignity thus shown towards his own honourable person, the
prosecutor was returning home, and passed the defendant's house_
The Doctor was then at his own door, anti said to Mason " you (1-4
villain I will pull you up to-morrow." Upon which the prosecutor,
somewhat surprised, asked whether he was the person to whom that
language was addresadtd. The defendant in answer made use of a
very vulgar expression, and again used abusive language to hint.
The lady then came forward, and without mote ado walked up to
Mr. Wilson, spat in his face, and as a note of remembrance that
she had done so, gave him simultaneously a black eye. The Doc-
tor then. became vakrons, and struck the prosecutor with a stick.
As the Doctor and his wife were determined to go to law about rho
insult and injury that had been done them in the burning of the
efliity, lie thought they should have put the whole affair into the
hands of the Lawyers, and not have assumed the seat of judgment,
and thus inf:cted summary punishment on one who, at all events,
was not at that time the aggressor.
Thomas Wilson and William Jones were examined, and their
evidence sustained the facts as mentioned by Counsel.
Jones. in his crass-examination, said he was coming from Pen..
ton•wil.k at the time, and that he would swear the prosecutor did
not strike Mrs. Mason.

111 r. Benny. addressed the Jury on behalf of the defendants,
and naked them what degree of credit was due to a man of 11'it•
ann's character, who had been convicted of an offence against these
defendants only the day before?
The Jury acquitted the Doctor, and found the wife goilty of
the assault.

The COURT then called Wilson and his wife, who were yester-
day convicted of the riot before the present defendants' door, and
fined the former in Os. and the laud in Is. and ordered them both
to be bound over to keep the peace. Mrs. Mason was then sen-
tenced to pay a fine of (is. lid.
Mr. PHILLIPS—Won't you bind the Doctor orer to keep the
peace ?
The CHAIRMAN—Not unless he wishes it ; there is no danger.
Mr. Putt.Ltra—Oh, Sir, you do not know him. (Great
laughter.)
The CHAIRMAN then said, that Mu t. Mason might be boon:
°vet to keep the peace.
The Doctor then addressed the Chairman, and complained
that the newspapers had this morning been making sport of lulu
u a corn doctor. (Laughter.)
The Cum illitAN—Vt ell, that is all ir. your favour—does it net
give you more notoriety ?
Yes, but they did not say all ; wish—
Re CH•IRMAN—What do you wish to say ?
. Doctor—l want the papers to say r..,w that I can cure tho
gout with any man in England. (Roars of laughter.)
The CualltafArt—lVell, well, I have no doubt that theylwtlt do
you ample justice.
The Doctor then withdrew. highly gratified.
Sarah Bell, a well-dressed and interesting young female, was
then placed at the Bar, charged with committ.ng a violent assault.
on Sarah Spencer, on the '22,1 June last.

Mr. ADOLPH' US requested permission of the Court for the pi-
loner to be secomoduted with a seat.. . .
•

The CHAIR maw said, personally he had no objection, but a rule
had been laid down, which, if they departed from in one instance,
they must in all.

Mr. ADILPIMS—The lady is very unwell, but rather that,
make it a precedent for all future times, she shall stand.
The agitation of the defendant was extreme, and on Its being
observed by the Court, she was requested to take a scat.
The prosecutrix, a plain young woman, stated, that OD the 22d of
June list she was living in the service of Mrs. Bell, who had for a
fortnight previously been ill-using her.
By the ('OUST.—What provocation bad you given her, or what
was the cause of her treating you ill ?
Witness.—Because I would not leave my friends to go into a bad
way.
By the Cou a T.—What is your mistrese, then ?
She is a kept lady, and she wished me to go into the streets, and
did not choose to do so. She came into the kitchen, and called
me a w—, and I replied I *ea not ; upon which she said, what !
do yoe presume to answer a lady like me, and knocked me dour;
three times ; she then dragged me out of the kitchen, and pushed
me on. of doors. I never received my wagcs, but I have since oh.
twined nip, clothes.
aad beerntattsti::
4ein,:
modlnichinere,cmisand-elinsiniunui:tacidimthastheitiVasa,foiriera crnoimstprenlainth:
scription.
The mother of the girl stated, that the was a charwoman
defendant's house at the time, and she saw the defendant kno,'d act
daughter down once, and kick her twice after she was down.
Alr. AD/nears, on Mslim-the defendant, observed, that he
should pow this to be a most infamous and impudent charge. and
one which exhibited, in the strongest point of view, the extreme
power *sick servants had over the happiness and repot mon oi then
employers i and it behoved the Jury to be particularly cautious in
listening to-the unconfirmed testimony of a Sensate, who. as he
should show, had, out of an angry and revengeful feeling tonards
this poor lady, endeavoured to east an imputation uf on live cha-
racter of the most abominable description. He should be able to
show Atm, that at the time this supposed assault was committed.
the defendant was in so weak a state that she could not walk troth
one room to another without the greatest difficulty ; that instead of
her being afflicted with the disease which the witness tad so wick-
edly attempted to charge her with, she was labouring under a must
violent inflammation ()idle lungs, and also an asthmatical complaint.
The real fact was, that the 'ady being in such an ill state of health,
required every delicacy observed in the preparation of her food, anti
tae :;:,Innitgoiendciluerscotntrozerblyteabereielitligiegnb;:
,des,h directedtehhea,gil tirotla
dwy Teas:tient:etre: some
no;
lepyci,lautwhiaetwhi;
1,1.: found in the saucepan a dirty niglitc.ip ;with some rice in it.
prmecution, hut to every other species of insult and annoyance that
her inveterate malice could suggest. About nine days atter suo

F'

RI .Z ot ,-- pen. • .•".

""

didftwileraNdifillek She Nestle the Magistrates al Alit), !char
awl immdlwayillartlis Nit to confider arc. caused &filthy hand,'
Mph plumb pelikind in the orighbldrhood. gebd.
"'Tim inaddlatiatt ofd Led, of Nation at Marylebone Odic:oder
labellint her Nightcap with the Dumplings."
sad trash was put Into deggrel verse, in which the name of this
lady was held up to ridicule. la fact. nothing had been left undone
that Mad fn any way h and distress the defendant,
trusted that such a species of persecution Ott the part of ser-
v:.t.b towards their masters and mistresses would not seem, cram-
t oTment by die decision of a Court of Justice, but would meet
vita* that seem check which it had become highly necessary to
sat to the audadious attempts made by that class of menials to
wreak their spite and revenge upon those who were so peculiarly ex-,
posed us their attacks.
Mt. Oftwge Wheeler, • uneven of Bayswater, was then ex-
=Me d, why stated that 1w attended the defendant about ten days
befbre the 22d of June, whh was very ill of en inflammation of the
Eings, sad a spasmodic asthma. She was at that time uncles the
istlaewee of mercury by Ms advice. It was a very usual treatment
heroompluant. He had known her for tight or nMe months,
and she had never, during that period, required mercury for any,
rstbar eantplaint. He saw the servant two or three weeks after she
lied lee her situation, and in the course of conversation she told
t'm that Mrs. BeU pushed her. On his observing that Mrs. Bell
rood but a "poor chance with her, she replied, •• Oh, she never
Struck me; it she had. I would have hit her admin." lice words
w ere to that direr. Mrs. Bell was in so weak a state that it was
hrpossible she could have stet down a. child. Mrs. 111:1 showed
him the nightcap which was found In the p..t, in the girl's pre-
sence, who on being spoken to, said the wanted to boil a little rice
for herself.
The Ca, ' that this the

lAtttMAx said, Case depended entirely upon
degree of credit tine to the testimony of the prosecutrix, whose evi-
dence bad certainly been contradicted very materially by that of the
gentleman who was called by the defendant. As to the motive ea_
si3ned by the girl for her mistress's ill-treating her, he could not
conceive how it was jaossible any person, be she a kept mistress or
not, could feel en interest in persuading a girl of that description to
become's-prostitute. He could not comprehend what motive there
Auld be for such advice. It appeared to him quite improbable,
and ifthe Jur" believed the statement of Mr. Wheeler, they moat
reject that of the prosecutrix, ;cod acquit the defendant.
The Jofy Without hesitation acquitted the defendant.
Joshan Rtebuork was charged with having assaulted Mr. Ink.
don on the ird of June last.

C. PIII [Alps said, that the present case would not occupy
ten minutes of the time of the Court, for he had been instructed to
say, that if the defendant would plead guilty, and make en apology,
Maenad -.redid be perfectly satisfied.
Mr. Andersen, said he was quite willing to consent to a Juror
being withdrawn, but his client certainly would not apologise be.
cause he was fully prepared to meet the case on the opposite side.
Mt. Putts fns—Then, Gentlemen, I must trouble you with the
details, which are very short. The prosecutor is the eon of the
rentlenian of that name with whom we were all very familiar, end,
like his father, was es respectable as his name was celebrated.
This prod. Min on the night in questionwu returning hem Bolket's
Wells, in company with two friends, wnen they overtodutbe de. ,
fendant and three or four other persons ; the name of Ewboak was
eery distinbfly n.entioned. As my client knew a gentleman of that
mune. he turned round, and addrascd himself to the individual ;
but he disccirered his mistake, and was walking away. The de-
fendant, however, took umbrage at Mr. Incledon's mistake, and be-
ran to abuse 'him, and ultimately committed the assault for which
he is now indicted. There would be no difficulty in proving the
assault, betause the defendant himself acknowledged It to the offi-
cer at the police office, on the following day.
' Mr.•lnciesion was then examined, and stated that as beaus-re-
turning WM Sadler's Wells on the night in question, he heard the
flame of Eirhank mentioned. Having a, fiend of that name, be
turned round, and said he should be glad to speak to Mr. Ewbaok ;
upon which the defendant said his name was Ewbank. Witness,
perceiving his mistake, told him he was not the person he meant,
elald walked on. The defendant and his companions then followed
him and his friends, and abused. them, calling them puppies, bar-
bers' clerk,, &c. Witness told the defendant to go home. The
defendant then tame up, and offered him a card, and said he would
have witness's, who replied that he would give his card to no person
unless he were • gentlemen. The defendant then struck witness,
e-on which the latter gave hint into the charge of the watchman.
The defendant was ray much Intoxicated.
• CrMe.examined—Witness holds a situation as clerk in the house
dl' blesses —:—...—..—., soap-boilers. There were four persons with
the defendant. llgritness meant to say, on his oath, that the de-
fendant was drunk. He was net so himself, for he had not drank
toy thing that day. Mr. NV ethetby was with witness, who the next
ny advised him to write a letter to the defendant, thinking that he
might then be sober anti sorry for his conduct, and ready to make
an apology for it, which would have obviated the present prosecu-
tion, but on attention was paid to that letter.
Mr. Forthingham examined—He was with Mr. Incledon on the
night in question.' The defendant struck that gentleman, but Mr.
Indetion t,id not strike the defendant.
. . . . . .

Joseph Piper, the watchman, stated, that he heard the difference
between the prosecutor and the defendant, but declined to interfere
until he saw the defendant strike Mr. Incledon, and then he took
bins into custody. The 'defendant asked the witness at the police-
elm the fallowing trimming, whether he struck Mr. Incledon—to
whit* be replied, " Yes, you did, Sir." Defendant then said,
" Did i give him a runt un ?" Yes, you did, Sir, said the witness.
(Laughter.)
Cross-examined—Witness never said that there was no blow
alma at all. Ile could not Icy so, for he saw the blow struck be..
fore he took the defendant intu custody.
Mr. ADOLPIIinI observed, that he was sorry to be obliged to
occupy the direct( the /'ours at so late an hour, but it was not his
fault. His client would not make an apology, because there was no
truth in the whole ease of the prosecutor from the beginning to the
cod ; and this he should prove by the testimony of four respectable
witnesses.. The Learned Counsel then stated the facts, which'
were afterwards deposed to by the following evidence a—
Mr. Thomas Smith, an ironmonger, in the 31inories, stated that
On the ?2d June he had been pJesing the evening at Mr. Ewbank's
with Mr. Cleinent and Mr. Brown, two respectable tradesmen.
IThey left about half-past ten, and Mr. Ewbank accompanied them
pun of the way home. Mr. I;whank was perfectly sober; when he
was about to return home, witness said "good night, Ew.
bank t" upon whit!, two persons came up (Mr. Ineledon and Mr.
Forthingliam) and the former " Ewbank, Ewbank I" with
• laugh of indifference, and the:-. said, " I wish to see him." Mr.
.LwbAnk said, "lam he ;de you wish to see me "Oh !" said
le.cledon, " you are a Cumberland man the person I want is a
Y erkshireman." Mr. Ewbank, in a good-humoured manner, said,
•• well, but I am a Yorksbireman ton;" to which laeledon re-
Mined, " the person I mean is a gentleman, you smell of beer,
and you are no man." Mr. Ewbank then turned away, but on
hearing one of the two can him a rascal, and a scoundrel, be turned
round and said, " If cu are a gentleman there is my Lard, and I
*MI have your's." Tneledon then flourished &stick over his head ;
upon which the defendant put up his hand to ward off the blow,
and Ineleden's bat Immediately tell off and he then gave Mr.
Ewbank into the custody of the watchman. Witness would
most positively swear that the defendant dui not strike Incledon.
Crose.examined.—He husk tea that afternoon at Mr. Ewbank's,
and afterwards drank part of a bottle of Aladeira wine there. Four
of them drank of it ; tney had but one bottle among them, and
were about three hours dric sing it. No other sort of liquor was
introduce-I.

Mr. Charles Pomfret Brrwn CIVIC similar testimony to the last
witness. _ .

Mr. Clement also deposed to the same effect; but this witness,
in Ins crosa-examirittlen, said he drank brandy and water at Mr.
Hobart's, andllim Mr. Smith was present at the time.
Air. Stevens stated that he attended at the police office the next
Morning to bail Mr. Ewbank, and while there he aikftd the watch-
man Piper whether he saw any blow struck? and the watchman
said, no, there was no blow s ruck.
This witness then pointed to the constable of the night, who was
in Count, and said," That man !feted ma ask the question."
Wires, the constable. swore that lie did not.
Mr. Smith and Mr. Brown then volunteered their evidence upon
ti.is point, and both of them swore tha: they heard Mr. Stevens ask
the watchmen the question, and heard him say there was no blow.
The watchman was examined upon this point, who positively
dealt,: it.
hi r. 1.. PHILtIPS replied upon the whole case, and said he did
rot mean to impeach the characters of the gentlemen who had come
forward on behalf of the detentiaiit. No doubt they all felt per.
ai.aded that what they had stated was the real truth, but this only'
convinced him more than ever that the hospitality of their friend
sir. Ewbank was much greater than what they had represented it
to be, and that in truth they had taken a little drop too much of
his good Madeira, so that mane of them saw too much and others
too little; foe they all saw Mr. Incledon put bis list in the face of
the defendant, but they sane of them saw the defendant strike Mr.
Ineletion. The assault was not of that aggravated description as to
leave marks upon the person assaulted, but the injury consisted in
the insult offered to the feelings, which wee much less endurable
than mere bodily blows. •
Tne CHAIRMAN Bret complained, that, Instead of this cause
lar..ag only ten minutes, as it was promised, it had occupied nearly
two hours. Had he been aware of it. he certainly should not have
heard it at so late an hour. With regard to the case itmlf, he
mould not make a single observation upon it. There appeared on
bith sides a degree of seal, which, (tout his own observation and
experience, always inclined persons to suppose their ease to be
right, and the one they uppo%ed wrong. The Jury were the hest
Judges in such a ease, and he therefore would leave it for them to
decide whose testimony was the better entitled to credit of the two.
The Jury, without a moment's deliberation, found the defendant
The CHAIRMAN immediately sentenced him to pay a fine of 101.
to we King.

::i~

E.VSUING OLP DAti.pr SESSIONS.
A summary siatanient, descriptive of Ilia varlouvoesiatia4 laib
which the pigeons tur trial severally stand cliargodj....
Murder - 4 Itirvarny . - • 4
li atinst.ashitt , , 4
5 Stealing tiom dupes* 7)
Receiving stolen gap* • 4
Fratgi -
Stealing from letseriiithila
employed In the Post-riffles 2
, tittering counterfeit coin 2.
t/ther coital crimes 2.
Larcenies 247

Burglary .
Housebreaking
Horse stealing
Highway roobery - 8-
Cutting and maiming - 1
Stealing in dwelling-houses 29
Rape - - - I
'Forgery . - 2
Maliciously killing hones 1
Ressiftmg with intent to rob 1
gilltbezzling . . 8 I Total -
Ivrea E OF lilt ItAJESTT'S GAOL OF VEWOATE.
Peisoners under sentence of . alto committed under the
transportation for life 28 Bankrupt Laws .
Theto 'Ounce') years - 8 Ditto whose judgment is
Ditto seven ycars - 29 respited . .
Ditto under sentence for ea- Ditto reectntled
rious terms of imprison. Ditto for trial at Ole ensuing
ment ter felonies and Sessions - ? 4:1
misdemeanors . 12
Ditto insane - - 2 Total , 43
Of the number of prisoners fur trial, there are 01 charged with
crimes alleged to have been committed in the City of London, and
34 in Middlesex ; and the proportion of males and females at pre-
sent in the gaol of Newgate are, Males 313; females nil. The ca-
lendar of September '&24 contained only 318, making an excess
this year of /II who bare been committed within the corresponding
period.