The Sun.
London, England, 1839-08-05 00:00:00

EVEN IN G EDITION.

BIIImINGHAM RIOTS

WARWICK ASSIZES.

' ~'~

~~~

j ;••

mob is guilty of the offence with which they have
been charged. Every one cannot do the same thing,
but if they are there for the common purpose, they are an-
swerable." There was a verdict of guilty against all the
prisoners. Now, Gentlemen, it will be for you to say upon
SATURDAY EVENING. the evidence which I shall shortly glance at, for you will
The proceedings in the case of the persons concerned hear the particulars from the witnesses, whether these phi-
in the riots at Birmingham were continued this morn- soners were or were not guilty of aiding and abetting in
ing. At nine o'clock, the Learned Judge having taken
the perpetration of this offence. Gentlemen, with regard
his seat, and the Jury having been called over; the follow prisoner appear that he was a very
to the Howel, it will
ing prisoners were placed at the bar :
marked person, being lame, and using a crutch. He was
Jeremiah Howel, 34 ; Francis Roberts, 26 ; John observed by a considerable number of persons from that
peculiarity. It will appear that he was in Digbeth, along
Jones, 21 ; Thomas Aston, 15 ; and Henry Wilkes, 21, with the mob, and afterwards in the Bull. ring, taking au
were indicted, for that they, on the 15th of July last, at active part in the riot, flourishing his stick, and using ex
Birmingham, did, to the number of 2,000 and more, un- pressions tbat I will not detail to you. It will likewise
lawfully assemble together, to the disturbance of the appear upon the evidence of the witnesses who will be called
public peace, and being so assembled did feloniously, before you, that Howell actually assishnedbiinhbreaking into
front of Maard
unlawfully, and by force pull down and demolish a cer- tsheeenhtoouse. iHe hiand
dseomoeliinstrument i hand, and
Bourne's
tab house, belonging to James and Henry Bourne.
windows, with ita view demolishing
getTigng into and destroying it.
The second count charged them with beginning to pnll
down and demolish, and another count laid the house ,
With regard to Roberts, the evidence is that he was seen
to be the property of Henry Pounteney. joining in the mob, throwing stones; and with regard to
Jones, it will appear that he, shortly before the demolition
Mr. MILLER appeared for Jones and Mr. DANIEL began, was seen making use of his handkerchief as a flag;
on behalf of Wilkes. that he put it on a stick, and held it up in a conspicuous
The ATTORNEY-GENERAL then addressed the Jury as situation, and made use of expressions for the purpose of
follows:—Gentlemen of the Jury—The prisoners stand encouraging the (nob. With regard to Wilkes, it will ap.
indicted upon an Act of Parliament passed in the 7th and pear that he was of the party that assembled at Holloway.
Bth year of the reign of his late Majesty King George the head; that he there made use of expressions which you
IV. It is one of those Acts introduced into Parliament by will hear from the witnesses, but which I shall not repeat
Sir Robert Peel, when he was Minister for the Home to you, lest there might be any inaccuracy in my instruc-
Department ; it was brought in by him, and I have at all tions; that he appeared as their leader from Hoiloway-head
times been ready to acknowledge the obligations under to the Bull-ring—that he gave the word of command, in a
which he has laid the country for those improvements in street called Smallbrook-street, to halt, and that he then
the criminal law of England. Gentlemen, by the Bth proceeded down to Digbeth, and he will be shown in a
section of this Act of Parliament, which I believe is the variety of occasions mixing with the mob, and taking a
re-enactment substantially of a former statute, it is en- very active part. This, Gentlemen, is a short outline of
acted, " That if any persons riotously and tumultuously the case lam instructed to lay before you. You will very
assembled together, to the disturbance of the public peace anxiously and carefully watch the evidence as it has been
shall unlawfully, and with fire demolish, pull down and introduced to you. Upon that your verdict will be
destroy, or begin to demolish, pull down and destroy, founded. I hope I have stated the case in a
any house, out-house, stable, coach-house, warehouse, calm and temperate tone and manner, becoming a Court of
or other building, every such offender shall be guilty of Justice, and in the case of men on their trial for a capital
a felony, and being convicted thereof shall suffer death as charge. I have, to the best of my ability, confined myself
a felon " Gentlemen, this is a capital offence. You will to the simple statement of the question you will have to
observe that it is an offence of a very serious nature, and decide. The evidence will now be called, and you will
of a very alarming description, requiring to be repressed have to say whether the prisoners are guilty or not. Gen-
and punished with great severity. It consists of persons tlemen, this is an offence of a very serious description.
being riotously and tumultuously assembled—that is the Where it has been committed, and where there is satisfac-
first ingredient, and the offence consists in persons so riot. tory proof tendered to the Jury, the interests of justice re-
ously and tumultously assembled, pulling down, or be- quire that punishment should take place. lam sure you
ginning to pull down, with the intention of destroying, any will do your duty, not only with impartiality but with firm.
dwelling house, shop, or warehouse, or the property ness, and that I,
the country will have no reason to complain
therein. Gentlemen, this is a proceeding of a most alarm- of the verdict it will be your duty to give.
ing description, because when a mob are so assembled, and The following witnesses were then called :
that they once begin to destroy a house, thus setting the Henry Bourne, examined by Mr. BALGUY— I live in
law at defiance, it is impossible to say where the outrage High-street, Birmingham, St. Martin's Parish, occupying
may end, and to repress so serious an offence this law has premises, house, and warehouses. lam a tea dealer and
been passed, which remains unaltered. Gentlemen, grocer, James Bourne is my partner in the business. The
the criminal code of the country has been hap- state of Birmingham previous to the 15th of July was
pily mitigated, but still, however, this is an of- much excited, and in the neighbourhood where I live parti-
fence of so alarming a nature, that it has been thought cularly so. On the 15th, in the evening, I saw a great
fit to make it a capital offence, subject always to a merci- number of people collected at eight o'clock, in Digbeth, a
ful interference by the prerogative of the Crown. Gen- street leading out from the Bull-ring. My retail premises
tlemen, you are to say whether the prisoners at the bar, or are situated in the High-street, and my warehouses in
any of them, are guilty of the crime laid to their charge. Moore-street. They communicate with the Bull ring.
I will, Gentlemen, briefly and simply state to you the evi- I did not observe them assemble before eight o'clock, and I
dente which I am instructed will be laid before you, to. was busy posting my books till then. It was about the
substantiate the charge and prove them guilty. OF course, usual time of closing, and seeing so many collected, I or-
Gentlemen, you will not regard my statement in the slight- , dered to shut up quickly. My shop and house were fastened
est degree, except in so far as it m'y introduce the evi- with bolts and bars, and made secure. I after closing went
dance to you. It is upon the evidence'given by the wit- up stairs and looked out of the windows, and I saw a great
nesses upon their oaths, and upon that alone, your verdict many persons, about 100, walking towards the public
is to be determined. Gentlemen, the circumstances in office, which is about thirty or forty yards from my
question occurred on Monday, the 15th of July, in the town house. I saw the windows of the public office broken,
of Birmingham, in this county ; and I will confine They then attacked my premises, they broke my windows,
myself strictly and carefully to the circumstances and then the shutters. They first attacked the premises in
attending the charge which has been brought against these Moore-street, by breaking the shutters of the shop. The
prisoners. Gentlemen, it will appear, as lam instructed, premises are all under one roof. They then broke the
that there was a meeting of a disorderly description be- windows and the frames of the shop, after they had got
tween 7 and 8 o'clock on the evening of Monday, the 15th the shutters down. They then entered the shop, and de-
of July, at Holloway-head, which is a place adjoining to 1 molished every thing. I mean, by demolishing every thing,
the town of Birmingham ; and there were also persons as- making them unfit for use, by throwing the goods about
sembled in the Bull-ring, which is near St. Martin's the shop. There were stones flyin about, and I feared
Church. Gentlemen, the principal part of those whom I that our lives were in danger. I hadg four of my men, pre-
must describe as the mob were at Holloway-head, and came vious to this, stationed at my warehouse door, four at the
from that place through the streets of the town to the front door, four at the private entr :nee, and others in the
Bull-ring. This was ebeut eight e'clock. They proceedad passages. I have two female servants and a housekeeper,
along a place called Digbeth, and they returned by it to who were up stairs. They remained there about half an
the Bull-ring. Gentlemen, by this time they were armed hour, and quitted about a quarter before the firing took
irs various ways with bludgeot,s and sticks, and they had place ; all the persons I have earned w• re on the pre.
got possession of same iron rails which had been removed, ibises when the stones came in. The stones were
1 believe, from a fence round a churchyard. They were of all sorts, and were numberless. Persons had
0 aidueting themselves in a very tumultuous manner, and, of into m shop a great many ; from the shop the
is y
I before said, they came up Digbeth into the Buil-ring, entered the y othe r remises. The shop was full at one
and then they went up 'Moore-street, which is a street run- time, and there wee others outside in great numbers. Did
ning at right angles with the public office, and they then not know what they used to break
the shop • stones in
proceeded to the public office, the windows of which they very great numbers came. I heard a knocking,. but could
demolished. Unfortunately, Gentlemen, they were left form no idea of the weapons used. There was a great
altogether uncontrolled, and the mob was left in possession confusion and shouting, and when they got in they hur-
ot this part of the town for the 3pace of an hour and a rahed. I then went to the public office ; the females went
quarter. Hiving breken the windows of the public to a friend's house; and most of the young men accompa-
office, and used expressions that will be detailed nied me to the public office. My premises were then left
to you by the witnesses, they returned down Moore- totally unprotected. I did return very soon. It was about
street again into the Bull-ring. This, Gentlemen, is aan hour before we got assistance 1 found, on my return,
correct plan of that part of the town (showing a plan) that my premises were on fire • the shop was burning, and
a d you can see up i
on it the acute taken by the mob through
it appeared to have been burning
some time. It seemed
.Moore-street to the oublie office add back again to the as if the shop was completely burned ;no one could enter;
Peall-ring. At the corner of Moore-street and the Bull-
ring was the shop and warehouse of the Messrs. Bourne,
house had then taken fire, but not the upper part.
'Rho are extensive wholesale and retail eia-dealers and gro-
There were not more than two hundred or three
ce rs. The Messrs. Bieurne, along with other shopkeepers hundred persons about the house when I returned. I did
end intiabitente of this part of the town, hart been very not hear h hing. The premises were at last
much alarmed by previous proceedings; and they had shut
burned. t Temhe B:yhoalneytof the shop and the household de-
up their shops and to era the fronts wi-h iron bars ; and
partment were entirely consumed, and the warehouse very
Mr. Bourne, who bad a numerous esteblishment, stationed
much injured. Part of the roof fell in. The engines
16 or 18 of his young men In d:fr ••rent parts of the pre- were used to extinguish the fire, as soon, as they could be
mises by way cf protection, and to watch what got, and they succeeded in extinguishing it. There were
attempts might be made. The mob, after return-
two or three used onm y premises. I saw Leggett's pre-
ing from the public office, began to attack the
premises of the M seises Mews. Bourne, which front the seses on fire.
The Counsel asked how far Leggett's premises were
Bull-ling and Moore-street. With the instruments they had
proeureJ—hammers and iron bars, and other weapons, they ()EMI- Daniels begged to interpose as Legget's premises
broke the windows—th.cy threw stones, which came into the were n. not included in the indictment.
house, and exceedingly alarmed the family. The females Mr. MILLER argued in support of the objection.
of the family were oblFged, at an early hour, to retreat from Witness, in answer to a question from the Bench, said
the premises, but the men remained behind until the mob Legget's premises were on fire before his own.
had actually broke open the whole of the front of the house. The JUDGE overruled the objection.
They smashed the veindowe and sashes of the whole front Examination resumed—The intermediate premises were
of the shop. They then entered, and when they had on fire. Legget's premises were set fire to before my own.
entered, they uttered a loud shout. Mr. Bourne imme. Cross-examined by Mr. MILLER for Jones—The win-
diately retreated and. all those who were in charge of the dews of the public office were broken in the same street.
house thinking their lives in danger. The mob having so The premises are in the joint occupation of myself and
entered began to pihatre the property that was in the house. brother. We are both married, and have families. The
Other portions of flue mob broke into the houses adjoining
two families do not live on the premises. My brother
particularly the house -of Mr. Leggett, which was four doors
off. They broke into this house, and seized upon the pro.
and myself live there, our families occupy different houses-
perty contained in it, and carried it out into the Bull-rind,
They lighted a fire in; front of the house, and upon the fire The shop and warehouse are in our joint occupation—the
houseo is over h
vetr the shop, there
all thereer
constitute
istiteuet partne h
overou the ware-
they threw the prope rt-y they had brought from these differ- hall uceoin* butmunicaetepirnemternally. I did noet o
leave thee premisesTy
ent shops. Not conl:cnted with that, they carried fire into
the shop of Mr. Bourne, and likewise into that of Mr, before some of my goods were carried off into the street.
Mrother and self mes sleen emises.
Leggett. That fire immediately communicated to the Thy eb young men of thesometi establishment livoe inthe thepr house.
promises of Mr. Boutene, and it will turn out that materials There was a great deal of my property carried away; my
were thrown upon thee-flame for the purpose of increasing the shop is not very large but very well stocked. I heard the
conflagration. The coat sequence was that the premises of the windows of that office broken. I went then to seek
Messrs. Bourne and tse. Mr. Leggett were speedily all in a
blaze, and these prose et lings continued till about a quarter or asis ance Several of the London police were there.
twenty minutes before ten o'clock. At last the police excitement before the
of aßirmtingha.m had been in a state .
15th. Was not aware that tbat the excitment was in-
and the military were called upon—the engines were sent
for, and they played ehpon tae flaming ruins, and ultimate creased subsequently to the evening of the 4th of July. I
l
would not swear that the excitement had been extended
about one or two o'clock in the morning, the flames
werye*
extinguished. At -that time, Gentlemen, there was subsequently to the 4th July.
nothing but the bridle walls of Mr. Bourne's house re- Mr. MILLER asked if he had not heard complaints about
the interference of Magistrates and London police, at the
maining. Under these circumstances I have no hesitation
in saying, under the direction of his Lordship, that the meeting of the 4th.
corpus delicti, as the /awyers term it, the body of theoffence, The ATTORNEI-GENERAL objected to the question, as
was committed, because there were a number of persons being irrelevant.
riotously and tumultuously assembled, and they not only MILLER contended for his right to the answer.
begun to demolish, Taut they actually did demolish and TMhre.
JUDGE decided in his favour.
destroy the house of .Mr. Bourne. Gentlemen, I think Cross-examination resumed.—He had not heard any
that is by no means enough to justify me in calling complaints against the Magistrates and police for dispers-
upon you for a verdict against any of the pri- ing the meeting of tbe evening of the 4th July. Had ne-
soners, although the offence seems unquestionably to ver heard expressions of feeling on the subject. The fire
have been committed. You will narrowly watch the atth time.mThouse commenced in the shop. I was not present at
proceedings, in order to ascertain whether there be any
grounds for believing that these persons were implicated in Cross-examined by Mr. DANIEL on behalf of Wilkes.—l
the offence. Before I glance at the evidence with which I have lived in Birmingham ten
years. I have occupied the
• •
prennhes eigears. I cannot say how long ihis since
am furnished I will k Birminghamht hays not been excited by public meetings, but
state very shortly my view of the law upon this subject. they were not such as the present business. The former
It is not necessary in order to prove these prisoners guilty meetings were held at Newhall-hill. I never attended
that they should be shown to have had hammers or other any meetings of Political Unions. I cautiously ab-
weapons in their hands, or that they bad actually, by mus- stained from them, not wishing to meddle with
cular exertion, broke into the house of Mr. Bourne; nor politics. I had enough to do to mind my businesss. I
is it necessary that I should show you that they had takenthe public office for assistance,•
went' to
fire or torches in their hands and applied flames for the hour. Did not know of my own knowledge that Leggett's
purpose of consuming the premises. If they are abetting
' rin
the act that was done by others, then, in point of law, pre ' ses were fired first, but I state it on respectable
they are guilty of the offence; and the main question with authority.
By the ATTORNEY. GENERAL—I could not say exactly
regard to most of these prisoners will be whether they when these meetings commenced in the Bull-ring. Perhaps
were not actually abetting those who with their own band
twelve months. The former meetings were held on waste
were committing the offence. With regard to the
evidence on this point, I find it laid down by A firers ground outside the town. I never remember of any pre-
mises being fired in Birmingham previous to the 15th of
of the,greatest authority on the subject, in Haw
bins' Pleas of vie Crown, chapter 29, section 8...... Ju y
Edward Bleadon Adams, examined by Mr. HILL.—I am
"It doth not seem necessary to the making an abettor a clerk of St. Paul's Chael, I was in the Bull-rin on the
Principal that the person on whom the felony is committed p g
should be under any terror from the abetment, and by rea- 15th July, at eight o'clock. I saw a great number of peo-
son thereof discou aged from making that defence File. I was stationed at the corner of Newmarket House.
which otherwise he mignt have made. But it seems to be he people were coming up in large numbers from three
sufficient for
fact is encouraged and emboldened in it stones thrown among the
from the hopes I saw* a vast number of
of present and intinediate people. I went into Mr Tay-
whether from the abbettor, fors house, and stood at the drawing-room windows. It
whether he be within view oafda.stshiesTact or not. And upon is part of the Market-house. There were about from
this ground it huh been judged that where persona 2,000 to 3,000 people in the Bull-ring. They moved to-
combined together to stand by one another in the breach wards the public office. I could not then see them, but
of the peace, with a general roefsolution to resist all op- heard them make a great noise. They, in a short time,
posers, and in the execution
are
etuhaelilrydpersii,g,
eni
paaims,utrhdoeur
iss committed, all the company came back into the Bull-ring. I saw them commence
at the time of the fact some deliberately to destroy Mr. Bourne's shutters, They had
tance as to be out of view." e them were at such a disk previously sent a shower of stones at his windows. In
And the like bath been adjudged in :elation to all those breaking the shutters they used bludgeons, bought.; of trees,
who accompany one another with an intent to commit a rails, and pieces of iron. They appeared to be pieces of
burglary, in the execution whereof some staand to watch
esgtardetually break pallisades. They attacked other shops at the same time,
only, in the adjacent, places, . and the r
to the crime and broke their shutters and windows. At Mr. Bourne's
and enter the house." So that with re
tside
equally some
shop the lower part of the shop window was open. The
of burglary, those who merely watch
house, of shutters were broken to splinters. There appeared to be
guilty with the parties who break and enter therepersons standing on the back of the window
the felony charged. That is, they having on handing out the things to those without. The things
those veli-t'
ci• united with the persons who breake rnetropose,
and beinh appeared to be fruit boxes. They were not like
house, and intending to ass,st and encourage tea boxes. They carried them into the Bull-
actually perpetuate the offence. I shall now merely read ring and broke them to pieces. I could not say they were
a few sentences from the charge of Baron Gurney in the empty boxes. They passed them from band to hand, and
Case of the King v. Batt, tried in 1834, where several per_ were placed near Nelson's monument. They then broke
sons were indicted under this very Act of the 7th and Bth oapfen in a similar manner the shop of Mr. Legget, who is
George IV., Section 8. Baron Gurney says to the. Jury...._ b edather. merchant. They brought out of his shop rolls of
Mr. Justice LITTLEDALE—W hat book, Mr. Attorney ? e -ticking. They unrolled them where the broken
The ATTORNEY- GENERAL.—The sixth volume of " Car. boxes_wehe. They carried them down to where they had
rington and Payne's Reports." The question arose in this depositeddo
onotkntohe other plunder, and set fire to the heap. I
wheres they got the light, but I saw them
case, wheiher where the mob had one purpose besides feeding it and saw it up. They piled the shop
and carTrihede
shut-
pulling down, and that they likewise pull down or began ters on the fire. _d ticking was lighted, and I saw
to pull down, that was an offence within the Act of Parlia- pieces of lighted bed ticking
into
oid
tphieecesshoopf wofoodiuteasskresn.
Baron Gurney ruled that it was, ifthey intende4 to pull from the fire, -
-4401;
If
they might have another object in view. Bourne and Legatee succeeded in setting fire
11.3: If you are of opinion that this mob began to to the shops. They madye attempts on other shops,
heo.et itand intended ho pull down and to proceed. to . where they did
-41R4
not succeed, but
sbospuacciendewdhicihn
elistno is le house if theyhadnot been interrupted, either shop of M. Bankes, a chemist. —iht4ech .f Weller The
..e. , . having his pay-table there, or from they did not succeed, were on the •
gsje , .... Mk house frequented opposite de I could
•and used by the men work- not say whose they were, but I saw the brands *
eeter‘ei ~ ter price, the offence has been committed. And the fire in the Ring towards the direction of carried
from
it 'le promulgated that each and the Nelson
ak every one of the Hotel. This occupied about 55 minutes. They began