The British Press; or, Morning Literary Advertiser.
London, England, 1821-10-02 00:00:00

there oa the 19th Jane. The lands of RallyNorden belt •S
to his brother, but could out exactly point out the bountlarev
of Grilsgh, the property of Mr. Juliet Musgrave. KI/41144
where the house was situate; kauws the lauds these tweet,
; as long as he has known them they were auclosed.
iltallylaugadeu was held by Isis father's sod brother's Immo..
The hotter was alma. Is s Magistrate of this 'comity. Re.
ceived hiformatinn of . I nomerons assemblages ye
those lands, end particularly of an intended meeting los
take place o• the 19th of June. He and others called IA
Mr. Maltosell, the Sub. Sheriff, to hate a forte iu readiness
lo assist the Magistracy and dispense such larelitia. Went
on the ground; it might have beer from ten to twelve o'clock
sin the 191 b of June. %Vivi out of view of the house at Bret
for an hour chit n. t then perceive any people. In the
course of an hoar re alarm oar given, that the mob cute
coming down to level Mr. John Mosgrare's bou.e.
eeeded with other Magisitatea towards the house; the..? trio
great numbers or persona gatheriug on the 'dna aii.ued
board yells sod blowing of horns. &heves their numb 44
Might hive amounted to one or two thoneatul altogether.
Un coming within view of the slated house saw • sinioor
of persons actively engaged in throwing it down. There
was a deep gins between the house and the Magistrates. Sir
different parties advancing loom& the house. Some other
Magistrates got up to the house before 444 Miry,. tin srtio
j
the mob levelling the house, and hedges aruund the 1m0..,
wittiest called for silence as load as he could, 'and read Ow
Riot Act, which he bad copied out for the purpose, and Mod
in his hand, and then desirod them to disperse. They dud
sot disperse, but continued hallooing and shuntii..g. Had
had notice of an 'pleaded meeting, but had tin idea of such
• tumultuous assembly attempliog such en °tillage. Could
not identify any of the Prisoners as being actually concerned.
There could not have been the slightest chance of dispersing
the mob without the military. Saw a man who oss tevrllroK
a fence raise up a slant to strike the Sub-Sheriff, who 9a.
deavoured to take him prisoner.
Croattextmined by Couuselor Stun pot see the
uotice that was posted up, warning y. riots, (runs being per.
seat at any riotous meeting, until the morning of the
June. Notice had been ',lslet' uu the different Chapel,.
The mountain is very extensive; it rOutains upwards
20,000 arrow; thinks It pusaible,but ties probable, that mass,
prrsona on 4! a insosnialis ought nut li.ve limos of the pr"-
titniation. Ihr notice caotiutitat th- people seams' ill. gat
acts, tumulmona assemblies, and from oiling turf on pri-
vate property, or to that effect. Stir it mooed in toy ur
three diff rvut placer, but Not on the house. The Magi.-
tratee were stationed where led was rut. Saw some tuff
burning on the lands of Grilagls; believes it was housed by
the &recta' .... sit Mr. John Mitsgrave,apsl of the Maitatiate..
Could not see the house from the "kW iu which the turf gas
horned; could not see the turf burning from thr
SuppOsee Ilse smoke, as it ascended, could he sten fium the
Imam. The house was 'least) a mile distant.
Thud •itoess, John Walsh, 'moonier' by 'Mr SCOTT
Roo** the lands of Gritaeh opwards or fusty )eass y us.%
leuaos to diem about 1788. knows the grossud where the
house stied; it woe then enclosed. It was nut then levied,
but ui.ti 94 had it fur his Cattle. Hai nut now tits) 'Tartest
in the laids, havitse Ire. n ej-cted some 'ears ago.
Foul lb witness, Patrick Murphy, lookrol ruoutl the Court
In a vacant lassoes, and would nut identify any of she Pet.
ganef..

Fails wiener., J..hu ritestesafJ, ihe owner or the house,islen•
tibed Maws'llitle as hiving been uue ur Ouse actively
euemeotl in the motel( the', on.

The C.oserel for the prott fur here deelined having asp
more of the Pris.tters i4entiseti, a.. 11 elueed the ease ita
brh,tif of the C own.

No witorss was called on the part of the Prisoner..
The following is a Inlet and imperfect outline of the very
eloquent and inapt:o'er charge delivered by the I.:wind
Jis :ire (Floater) on this occasion:—
" At length the investigation of these important pro.
reeding., which have been so much retsrepreieuted, and have
excited so mur► nog, y feeling and public anxiety, is brought
to a ctn.e; and 1 am not surprised at the great internee to
„hseh ii has give.. birth. It now only remains for.you to
stamp the character of the transaction; suit the poi.l Inc
your consislerat ism is, whether the Prisoners at the bar hese
been guilty of a riot, or nut ? It appears is evidence, that
of those who Me now on their trial at the bar, four, v.z.
Michael Linen,. John Ahearn, Tenure Ahearn, and Jul.s
Matiolield, si Oh a great cumber of other persons, assembled
ten Ihr tends of Gm !Nag's, us, the 19th day of June, and there
proceeded to level the (ernia& house of .1. Filtzerslif. With
respect to their claim of a tight of commonage on the moun-
tain. which was endeay.•ured to be established by the Coun-
sel fir the Prisoners, as an excuse for their violent Con-
duct, if the Prisoners have any such right, they could
not by law use.t it in the notion and tumultuous man-
ner which you have heard desc 'bed, and which conduct, I
mu., sae, could only be equalled by the natives of New
Holland or New Zealand toward. a civilized colony see
settlement am rag them.—Gentlemen, where a liege onsaof
people aoosinislins, and continues to assemble, contrary to
the orders of she Maginrates and of every other civil au-
thority, and creates hitter in his Majesty'. eubjects.,
undoubtedly such amembly is riotous—(Hear the Least,. sl
Judge read the following extra• l from "Rapti: on ethers
and ili.tdetneanors." which he highly euteig zed, rota 4
p 355.] " If any person, seeing other. actually engaged in a
not, joins himself to them, tool assists them thin in, he is
as much a rioter as if he had at first atnembl, d with thttu
for the same purpose, inantsitirli as he bits no ',science that
he came issoiscristly into the company, hut appears to lisle
j .hoed hinteelf to them with an intention of secuadiug them
sit the execution of their unlawful olio prise ; and it would
be eitilleis, as well as superfluous, to amebae whether
every particular person engaged in a nut was in truth one
of the first assembly, or actually hid a previous knowledge
of the sl sigti ; sud the law is, that if ■u, permit es.-
courage., or promotes, or takes part in riots, whether by
words, signs, or gestures ; or by wearing the badge or cit.
sign of the rioters, he is hitneelf to be considered a rioter,
for its this case all are principals. The inciting persons to
assemble in a riotous manlier appear. also to have here Con-
sidered as an indictable offence." His Lordship then con.
tinned—" It is nut only lawful for the civil authoring,,
but it is their lip:murices duty, and they only are autborissit
to assemble * force, and even, if oecesaary, to call tool Ile
military, to disperse such illegal Ind dangerous meetings.
No pertain can mecum me of a wish to call for the assist.
moor of the military, whenever it man be dispensed with;
hut von hare heard the evidence of Mr. Maonsell, the Sub.
Sheriff, who assisted sin that occasion, than whom, during
the whole ff myjudicial experience, 1 never heard a muse
candid or satisfactory winos ; one who, though cullers us d
himself, was leas inclined to misrepresent or exaggerate, ui
appeared goose anxious to distinguish between the fact.
t!e,t came to his own knowledge at the time, cad demur which
he after.ea,it. seceivol inforniation.—Fruni his evidence, and
that of Mr. such appear. to have been the character of
the messing at which those Prisoners assisted, and fir
which (hey are indicted; and I have on hesitation
saying, that if, unfortunately, thirty or forty of the sit,..
guided ',rooms who were so tumultuously assembled hNol
killed, it would not have amounted even to manalairght.
*lle law is thus laid duwo in the exrellent wink which I b..,
already quoted, vol. I. p. 711 S—" Amongst the act. done by
the permission of the law, fur the adv•isremelit of pufshe
justice, may be reckoned those of the officer, wbu, in thy
execution of his office, either in a civil sir rriniiiial
kills a person who assaults and reaiats him. The regimens
will jus•iry the officer in proceeding to the last eureliort!, ;
so that in all eases, whs•lhcr civil or criminal, • here persons
having authority to in rest or imprison, and using the priso..r
means for that purpose, are re.ieled in ins doing, they tray
repel force with force, and tired not give back; and if U.
person making restistince n unavuislably killed in the
this homitide is justifiable." A shit, Gambino', 14
a heinous ersose, and one whirls is coutemplated pit,
nishahle by law. Any persou present as a large and riotous
meeting, although he may not he actively engaged in ess:n
milting an outrage, is in point of law guilty of the crime ;
and for this simple reason, obvious to common sense, that
by his presence ►e increases soul forms past of t►at massy
which creates terror it bus Majesty's subjects, and gives con
fidencesod raeueragemeet to the ,liners. Whether thss-o
Prisoners saw the proclamation which has been giver io ori•
donee or Not, or heard tem Riot Act read, t►ey must he...
hewn, from the itmosistrances and resistance of the Jlla.
gistrates and Mtbeflherifl; that their merlin was illegal; and
I must again slate, flint their cundoet Oil the oteaaion ♦fora