The Sun.
London, England, 1863-07-09 00:00:00

MIDDLESEX SESSIONS, July 8,

(Before the Assistant-Judge.)
THE LATE RIOT AT CREMORNE-GARDENS.
This day being appointed for the trial of the several de-
fendants implicated in the late riots at Cremorne-gardens,
at an early hour the court was crowded with persons either
friends of the defendants or anxious to be present at the
investigation. The magisterial bench was also fully occu-

The several defendants answered to their names as fol-

lows : —Reginald Herbert, John Birkett, Joseph Edward
Saville, Robert Shawcross, Charles M'Dougal, and Charles
Mott.

Mr. Baldwin, the Deputy Clerk of the Peace, read the In-
dictment, whieh charged the defendants in a great number
of counts with riot and creating a breach of the peace at
Cremorne-gardens.

Mr. Sleigh, Mr. Ribton, and Mr. Poland appeared for
the prosecution ; Mr. Sergeant Ballantine and Mr. Stnythies
appeared for Herbert; Mr. Huddleston, Q.C., and Mr.
Littler for Birkett; Mr. Hawkins, Q.O , and Mr. Metcalfe
for Saville ; Mr. Digby Seymour, Q C. (specially retained),
Mr. Brandt, and Mr. Warton for Shawcross ; Mr. Tindal
Atkinson for M'Dougal; and Mr. Hell for Mott.
The whole of the defendants pleaded "Not guilty."
Mr. Sergeant Ballantine said that before the defendants
were given in charge to the jury he, on the part of the de-
fendant Herbert, whose name appeared first on the record,
had an application to make. As no doubt his lordship had
had an opportunity of looking into the depositions, he would
find that a person named Forest was a material witness in
the case as far as the defendant Herbert was concerned.
At the time of these occurrences his wife was in company
with him, and they had endeavoured to subpoena her if it
should be found necessary to call her as a witness. Mr.
Humphries' clerk had been several times to the address
which Mr. Forest had given, but had not been able to dis-
cover her. He had, however, been more fortunate as to
Mr. Forest himself, and on telling him that he wished him
to serve his wife with a notice to appear he made use of some
very foul expressions, telling him he was not his servant,
and that if they wanted his wife to attend they must
find her. It was most material that her presence should be
secured during this inquiry, for, on looking into the evi-
dence, he believed that she would be a most important wit-
ness for the ends of justice, as she knew all about the case up
to the time that Mr. Herbert was taken into custody. He
had, therefore, to move that this trial, as far asMr. Herbert
was concerned, should be postponed, and he should put in
an affidavit to prove the steps which had boon taken to find
Mrs. Forest, but without success.
The affidavit was then read at length by the Deputy
e
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Clerk of the Peace.
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nrc.
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been would
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She tow absr bring
his wife, but a lady that he was living with.
The defendants were then given in charge to the jury.
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honour to appear in the case, together with his learned
lay-
ing before the jury the facts out of which this prosecution
that the defendants were charged with the indictment, an
abstract of which had been just read, with riot, an affray,
and assaults upon the police in the execution of their duty,
and with common assaults; but he would not then take up
their time by pointing out what the difference was which
the law called riot and affray, for when such matters were
ripe for their consideration they would hear from his Lord- '
cmegdard foerns,
ship the distinction between them, and to which their
attention would be specially directed. The place where
these alleged events occurred was known by the name
of ere
onodmueci
a place of amusement which had
been
many years previously by Mr. Simp-
son, and for the last few years by a gentleman who had
tenaieensecuredlytneoeerragr, r
easta h.nn
and which
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establishmentssebatnemyed
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been
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guidance
which ho
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conducted
been
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pro-
prietor, trrhaeeosed.,.
r ho
T.
dr.
prietor of Her
mpt hr
Majesty's and Drury-lane Theatres, and for
the last five years he had been the proprietor of Cremorne-
gardens, a place which was licensed by the magistrates of
Middlesex, where innocent amusements were provided, and
a place which was frequented by as many as SOO or 1,000
persons in a night, and conducted in such a manner as to be
a fit and proper place for all classes of society, and, with
few exceptions, no complaint as to the way in which it had
been carried on had ever reached the public ear. The ex-
ception to which he had referred was a solitary one, and it
occurred about the same period of the year as that to which
he was about to call their special attention. He meant the
Derby week. During that week on two or three previous
years persons in a station of society that ought to have
taught them better were in the habit of going there and
creating a scene of disorder, but of short duration to that
which he was about to direct their attention. On the night
of the Derby this year there was not the usual collection of
visitors, by reason of the weather, which they would remem-
ber was incessantly inclement, but on the Thursday it was
fine, and the attendance was larger. On that night there
was a disturbance, but of less magnitude than that they
would hear of. It was put down, and those who were im-
plicated in it were allowed to be discharged, Mr. Smith
hoping that there would be an end of such proceedings.
On the next day, being the Oaks day, Mr. Smith had taken
the precaution of having an extra number of the police, so
as to be able at once to repress any breach of the peace if
it should be attempted ; but on that night, about mid-
night, a disturbance took place, which gave rise to these
proceedings. A scene of riot, confusion, destruction of
property, and injury to persons took place which would
have been a disgrace to a savage land, and much more so
to the land in which they lived. The persons who were
charged as the principal actors in this scene, whether rightly
or wrongly it would be the province of the jury to deter-
mine, were those who were then on the floor of the court,
and they were charged with being the originators and par-
ticipators in the acts to which he had adverted. They were
one and all persons whose position in society should make
them deeply regret, of they should be guilty, that they had
so far forgotten that which their education and position
ought to have taught them, instead of offering a bad lesson
to those who had not had the same advantages of education
which they themselves possessed. Two or three of them
were gentlemen of fortune and position, and ono of them
held her Majesty's commission of the peace, and another of
them held her Majesty's commission as an officer of the
apromsiyti,manin society. On the night in question the defendantsd the other defendants moved in a very superior
Herbert, Birkett, and Saville were observed in a portion of
the establishment called the circular bar, which is near the
promenade, and which was much thronged, persons going
in and out. About 1 o'clock a shrill whistle was heard to
come from the circular bar, upon which the defendant Her-
bert and others rushed among the crowd shouting out,
"Now for a lark," "Come on boys," " Plenty of brandy
and water." upon which immediately there was a rush, and
the other defendants joined. They then commenced a riot,
mingling it with shouts, hissings, and other noises, and a
scene of terrific confusion ensued, Glasses wore swept off
the counter, plants were taken up and thrown about, people's
bats were knocked off their heads, and women were pushed
about. The police endeavoured to quell it, but from the
time of the whistle there became a raging row and riot.
Seeing this destruction of property, the police endeavoured
to clear the circular bar of those who had been conducting
themselves in this way, and in doing so some of the officers
were assaulted. Finally the riot was quelled, and the de-
fendants taken into custody. He had thus given a brief
sketch of these disgraceful proceedings, and he should de-
tain them but for a few moments in laying before them the
more prominent facts of the case, which the prosecution
said would deserve their serious consideration, to enable
them to say by their verdict whether one or all of the defen-
dants were concerned in these riots. The learned gentle-
man then briefly referred tow the
e evidence
he,
band
ved ,thatr he
would be bound to return a verdict of guilty against the had proved proved the facts byitnsses, eliejury
fendants, remarking that, although a counter charge had
been made against a constable named Large for an assault,
he had done no more than his duty in using means to pro-
tect himself when he was assaulted in endeavouring to take
one of the defendants to the station-house.
Sergeant Ruddy was the first witness called, and examined
by Mr. Poland. He remembered the night of the Oaks`
he was on duty at Cremorne-gardens. He saw the defen-
dant Birkett there. He was inside the circular bar shouting'
and crying out when the riot began,
fen" Go
ts it,
res
plenty of soda and brandy." The de
circular bar, and were pushing the people about. He took
He heard him call out twice
gbootyisn;side the
e
Mr. Herbert into custody.
" Go it, boys ; go it." He took them into custody for break-
ing the glass and making a disturbance. He resisted, but
he (witness) got another constable to assist him to take him
to the police-station. He did not see him strike anybody.
He said he hoped they would let him go. When they were
taking Herbert into custody M'Dougal called out and said
to those around, "Don't let him go," and beckoned to the
mob to come to his assistance. Before he took Herbert away
the other defendants began pressing the people about right
and left, and were crying and shouting out. W hen he re-
tuned from the station where
he had given Herbert into
custody he found the doors at the circular bar closed. He
saw M‘Dougal strike the inspector on the head with his
umbrella (the umbrella was produced). He seized hold of
him and tried to get him out of the mob, Which he did after
a great deal of trouble, for the mob tried to pull him away.
The mob surrounded the police as they were taking him to
the station. He did not see them do anything more.
Cross •examined by Sergeant Ballantine—This occurred
about 1 o'clock, or a little before. That was the Oaks night;
he believed it was the first fine evening they had had that
week, and there was a great number of people in the gar-