The Sun.
London, England, 1837-11-24 00:00:00

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By EDWARD JUKES, Esq., Surgeon.
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THE QUEEN V. Mt'NTZ AND OTHICIii—CRINIINAL INFORMATION.
Sir F. POLLOCK (with whom were Mr. M. D. Hill and two
other gentlemen) appeared to shox cause against the rule ob-
tained term in this case, which called upon the d;fensiauts,
Geo. Fees'. Mentz, and three Other gentlemen, to show cauee
why- ac. i.ninal information should not be filed against them
for certain misdemeanors. The application arose out of cer-
tain proceedings connected with a meeting which took place
in the Church of St. Margaret, Birmingham, on the 28th March
last. The meeting was called for the purpose of electing
Churchwardens—and at it were assembled a number of
persons :who were variously stated at from 1,500 to 3,000.
The allegation against the defendants was, that they had pre-
viously concocted and conspired to go to the m2eting for the
purpose of making a riot ; that in pursuance of that concert
they did create a riot ; and he (Sir F. PolloCk) presumed
that the interposition of that Court was required by criminal
information, in order to protect the town of Birmingham from
a recurrence of such proceedings. The application was sup-
ported by the affidavits of sixteen persons, some two or that e
of which he should feel it his duty to lay before their
Lordships. They were answered by the affidavits of at
least one hundred persons who were present on the oc-
easion. When the entire facts were fully before the Court,
he was convinced, from the falsehood and exaggeration on the
other side, that their Lordships would not only discharge the
rule, but with costs. He regretted 'that persons who came
before the Court to ask for a criminal information against par-
ties, could not be brought before the Court themselves, if
their conduct was found to be deserving of such punishMent.
The Learned Gentleman here entered into a detail of
the circumstances connected with the meeting of the 28th
of March, and went into a histoil of the opposition whiCh
every attempt to enforce the collection of Church-rates in Bir-
mingham had encountered for several years previously. Th.
Church-rate party had had to bring into operation the provi-
sions of Sturges Bourne's Act, but the vestry-clerk had given
it as his opinion that the Act did not apply to the parish
in question. In 1837, the Reverend Gentleman, who was
Rector of the paride :conceived in his own mind a plan for
enforcing the collection of a rate, and for that purpose
called the meeting in question. He was evidently a tool in
the hands of other parties, and, by his most unfair and improper
conduct on that occasion, gave rise to the riot and disturbance
that did take place. He would now proceed to read some ex-
tracts from the affidavit of the Rev. Mr Mosely, which would
show their Lordships who was the party really in fault. The
Learned Gentleman, after reading the introductory matter
of the affidavit, which set forth the meeting on E ester Tuesday,
and the tumult and excitement tliet prevailed, proceeded to ob-
serve that the conduct of the Rector, even by his own account, was
most improper—be refused all explanation to the meeting—
he refused them a sight of the parish books, and deprived a
great body of his parishioners from voting upon the question
before the meeting. There were hundreds present who
had on all occasions claimed and exercised the right of voting,
and who were aware that Sturges Bourne's Act did not, nor
never had applied to the parish. The affi.lavit proceeded to
state that great riot and tumult immediately ensued. Could
the Rev. Gentleman be surprised if such was the case ? Did
he suppose that a body of some thousands of Englishmen
would so tamely submit to be deprived of their rights ? It
appeared, however, that he proceeded to read the instructions
to the poll-clerks, and if lie had been anxious to bring about
a breach of the peace he could not have taken a more effectual
method of doing so. Pease then stated that if the Rector perse-
vered they would feel it their duty to put another in the chat
The uproar and confusion was then renewed, but the Rector
does not state that any of the parties complained of had any
thing to do with it. George Edmonds then called out from
the gallery, and inquired of the rector what his authority was,
which he refused to shew. Edmonds further said that there
was not one liberal man on the list of scrutineers, and that
statement was met by yells and groans. Could it he other-
wise ?—(fur it should be remarked that the truth of the state-
ment was not denied)—could it be supposed that the inha-
bitants of a town like Birmingham would consent to such a
party proceeding? The Rector then, without attending to
the wishes of the meeting, declared that the polling
books were open, and those who wished it might re-
cord their votes. Nothing was more to be regretted, than
that a meeting in a church should be attended with tumult and
riot; but when a meeting was called there for the exercise of
civil rights, all the incidents of such a meeting were to be
expected. The first charge against Mr. Muetz was, that he
then came forward and complained of the partial conduct of
the Rector, who, he stated, had been evidently schooled for
the purpose. It appeared that the moment Mr. Muntz began
to speak, the Church-rate party, who appeared to have so
deep a respect for the sacred edifice (having previously
provided themselves with a tambourine in the gallery),
commenced a drumming and noise with it, to drown Mr.
Muntz's voice. The affidavit went on to state that Pease
then demanded a sight of the parish books, and headed
a rush of the people into the body of the church, for the pur-
pose of taking f noble possession of the books. That statement
was denied in the stro igest manner by Mr. Pease a id otle.rs,
and it was to be observed that notwithstanding the noise and
confusion which prevailed, the rector had his own way through_
out the proceeding. The Learned Gentlemen basing eon_
eluded the affidavit, proceeded to comment upon the various
statements contained in it. He admitted that there was riot
and confusion, and that the conduct was, as it had been stated,
disgraceful and brutal; but he asserted that it was to the Rec-
tor and his party that all that most disgraceful conduct was
to be attributed. The next affidavit he should read
was that of the Rev. Mr: Foyle, the Curate, whose statement
was nearly to the same effect in the preliminary part of the
proceedings. He stated further that he saw jugs of ale and
beer handed about, and that the great m sjority of those pre-
sent were composed of the lower classes, and who ha.l no right
to be present_ or vote. Why, Mr. Foyle himself was not a
rate-payer, and he was ashamed of any clergyman who would
allude in such contemptuous terms to any class of les
parishioners. He held in his hand the affidavit of Mr.
Askisson, who stated that Mr. Foyle was very much excited
a id agitated—that he gave very impertinent answers to several
persons who asked for the Vestry Clerk, and that deponent
saw him put his finger to his nose in a very indecorous and
vulgar manner, which induced deponent to cry out, " For
shame, Sir."

The Le arned Gentletgan was proceeding with his argument
when our reporter left.
The case is likely to occupy the Court the entire day, but
we shall give the result in our second Edition.