The Sun.
London, England, 1863-08-01 00:00:00

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—EXETER, July 30.
CROWN COURT.
(Before Mr. Justice Willes.)

Wm. V. Williams was indicted for maliciously obstruct-
ing the working of a mill wheel, used for the purpose of
draining a mine called East Brookwood Mine, with intent
to destroy or damage the mine.
Mr. Bere prosecuted; Mr. Carter defended the prisoner.
This was an indictment preferred under the Malicious
Injury Act (24 and 25 Vic., cap. 37, sec. 29), by which it
was declared that any person who should maliciously stop
or hinder the working of any engine, with intent to destroy
or damage any mine, with intent to hinder and delay the
working of the mine, should be guilty of felony. The pri-
soner up to July 3 was captain of this mine, and was a large
proprietor of the mine, having 384 shares, and was the ori-
ginal lessee. He, however, became unfortunate, and was a
bankrupt, and after that the other shareholders thought he
was not a proper person to continue to be the manager,
and they suspended him, upon which the prisoner said,
" Then, gentlemen, I am suspended, and I will suspend
the operations of the mine," and on July 6 the hatch was
put down by Williams for the purpose of stopping the work-
ing of the mine, by which damage was done to the amount
of

In the cross-examination of the witnesses it appeared
that the prisoner had acted so well that his wages had been
increased three times. The mine could have been set to
work again in five minutes. As soon as the prisoner had
stopped the wheel he went away and did not return again,
and never interfered after.

The learned Judge said he was of opinion the case came
within the statute.

Mr. Carter said his client was willing to promise not to
repeat the act, but he could not advise the prisoner to say
that he had done it maliciously.
Mr. :Bere said there was no desire to press the case
harshly, but only to let the public know what the Act of
Parliament was.

Mr. Carter said the prisoner might withdraw his plea i
he chose, but he would not advise him to do so.

The prisoner said he would plead guilty,
The Judge said he would treat this case as one of warning
and the prisoner must enter into his recognisances to come
up for judgment when called upon.
Wm. Slaney Toms and five other persons were indicted
for a riot at Ilfracombe, on the 25th April.
Mr. M. Smith, Q,C,, and Mr, Lopes prosecuted; Mr.
Karalake, Q.C., and Mr. Coleridge, Q.C., appeared for the
prisoners.

It appeared that there had been some ill-feeling existing
against two persons named Moon and Carter, who attended
as witnesses before a committee of the House of Lords upon
a railway bill. Moon and Carter had thought the railway to
Ilfracombe would be injurious to the town of Ilfracombe
and had exerted themselves and attended as witnesses
against the bill. On the evening of April 25th some of the
active promoters of the measure returned from London; they
arrived about 10 o'clock on the Saturday night. They first
went to the Clarence Hotel, where from 200 to 300 people
were assembled. In five minutes Toms and Huxtable came
out of the hotel and put themselves at.the head of the mob,
which proceeded, hissing and groaning, into the garden of
Mr. Moen. They threw stones at the house and broke the
windows. They then went to the house of Mr. Carter, who
was out, but Mrs. Carter and her four children were in the
house; they knocked at the door and broke the windows. A
policeman who had followed the mob caught Baker by the
collar and asked him if he knew what he was about. Toms
replied, "You can't stop this; come boys." They then
returned to the house of Mr. Carter, hooting, and throw-
ing stones. Toms said, " Como to me on Monday, and
I'll be your leader," and he told the policeman that was
nothing to what he would have. The two policemen of the
town did all they could to put a stop to these riotous pro-
ceedings, and at last after this state of things had gone on
for two or three hours Mr. Vye, the magistrate, was sent
for. He came and tried to persuade the mob to go away
quietly, but they would not attend to him. He then went
home and fetched the Riot Act, which he read, and he ex-
plained to the mob the consequences of their conduct. It
was a tumult of a very grave character, as the mob had
swollen to such an extent that there were between 600 and
700 persons assembled. They threw stones during the time
the Riot Act was being read. They then got into small
parties and went about the streets singing " We'll all hold
together, we'll all riot together." The police begged them
to go home, but they said they should not, as they were not
12 together. Eighteen panes of glass were broken at Mr.
Carter's, and the door of his house was cracked.
Witnesses were called who proved these facts.
It appeared by the cross-examination of the witness that
about a quarter of the number of the mob consisted of
children, and there were agreat many women. The mob did
not frighten the police. There was a good deal of cheering
at first, and then it came to hissing. Mr. Toms was at the
head of the mob; it would not be right to say the mob came
behind Mr. Toms. There were showers of stones. The
police did not know that 17s. paid for all the damage at
Carter's, and 14s. at Moon's. The houses looked as well
as could be expected the next day. The disturbance con-
tinued till long after 12 at night. Young Moon saw Toms
in June; he insulted his father, and called him a barber's
clerk, and asked him if he meant to come to Exeter and
see him have his hair cut off. Young Moon said he told
him if he insulted his father again he would punch his
head from his father's into his own house. He had not
said that he would have TO11:18'R skin. The father of Toms
was very active in the town, and was buried at the public
expense, and had a monument erected to his momory.
The prisoner Toms was active in doing good for the town.
Every one in Ilfracombe had been anxious to have a rail-
way, and Toms had subscribed largely. The rejection of
the bill had caused great disappointment. He was not
struck, although many stones were thrown. After Mr.
Vye had read the Riot Act he told the mob that if 12 or
more remained for an hour it would be a capital offence.
The mob then went into sixes, and afterwards dispersed.
After the case had proceeded some way notes were ob-
served travelling between the bench and the bar, and then
counsel had a consultation, which resulted in the prisoners
withdrawing their pleas and pleading guilty.
Mr. Karslake said that after the facts which had been
proved it would be impossible to dispute that there had been
a riot—at the flame time all the defendants now deeply re-

gretted what had taken place ; it had all arisen from an
excited feeling which had existed at the moment in conse-
quence of the rejection of the railway bill in Parliament.
A suggestion had now been made to which he acceded.
Mr. Smith said he was quite willing to believe that the
defendants regretted the part they had taken in this riot. It
was impossible that justice could have been done without
this inquiry. It was of the greatest importance that wit-
nesses should be protected from outrage. He trusted the
defendants would consider that the prosecution had done all
they could to restore the peace of the town.

Mr. Justice Willes then addressed the defendants ; they
had been guilty of a riot, and an assemblage of persons in
large numbers was a very dangerous thing, as no one could
tell where a riot would stop. Very likely the defendants
had no other object than to mark their view of the rejection
of this bill, and he was willing to believe that the result
was never contemplated. It was a case in which there was
a remarkable absence of personal injury to any individual.—
that was a circumstance strongly in their favour. It ap-
peared they had a desire to benefit the town of Ilfracombe,
and they were now ready to express their regret for their
conduct, but to do so in a substantial manner by paying a
round sum of £lOO to a charitable institution of the town.
They must also enter into their recognizances to come up
for judgment if called upon, and to keep the peace for six
months.

CITY OF EXETER, July 31.
(Before Mr. Justice Willes.)

The citizens of Exeter are exceedingly anxious that due
respect should be shown to the Judge of Assize trying the
city prisoners in their Guildhall. No doubt this is a very
ancient and handsome building, but a more inconvenient
one for business cannot be imagined, while the County
Court is commodious and well ventilated. Mr. Justice
Willes, however, gratified the citizens to-day by sitting in
their miserable hall.

Charles Westall and Peter M'Carthy were indicted for
burglariously breaking into the house of James Windiatt
on the Bth of July.
Mr. Carter prosecuted; and Mr. C. A. Turner defended
the prisoners.
This case was rather curious,inasnauch as the house broken
into was in the High-street, Exeter, and immediately oppo-
site the Guildhall, which is the police-station. It appeared
that in the night one of the prosecutor's assistants was sit-
ting up in his bedroom copying music. About 12 o'clock at
night he thought he heard some one in the house. Ile
threw up the window and called to a policeman and told
him what he suspected. The policeman went round the
corner to the house-door ; he found the fanlight open and
Westall sitting on the door with his legs hanging down.
The policeman took hold of his legs and then received
a tremendous blow on the head with a most formid-
able life-preserver. The policeman called "Murder 1" and
other policemen came to his assistance, and M'Carthy
was found getting out of the house. The first policeman
was severely beaten. Upon the prisoners being searched
some very excellent housebreaking implements, a spring
knife, a dark lantern and matches, and 32 picklock keys
were found upon them,
A locksmith was called as a witness, and he showed, in
a very ingenious manner, the way in which locks having
the keys left in them could, with the greatest ease be opened
by means of one of the instruments found on the prisoners.
It seemed that the prisoners were first seen in Exeter at the
time of the agricultural show a month before this occur-
rence. They were evidently most accomplished burglars.
Mr. Turner, at the close of the case for the prosecution,
stated that he had been instructed to watch the case on be-
half of the prisoners ; but as the witnesses were firm in
their statements he felt it was useless to do more than ask
for as much leniency as his lordship could extend to the
prisoners.

The jury at once found the prisoners Guilty.
The learned Judge, in passing sentence, said it was clear
withstand, werevtheerypreixstornaeertsdinary implements most accomplished criminals. They had
a
fordabrrheakilanngterninttoe housesenable
which no locks could
them to see the property to be stolen, and formidable
weapons to resist persons who might endeavour to protect
their property. The Court would not be doing its duty if
it did not visit such offenders with condign punishment.
The sentence would be penal servitude for 20 years.
policemen mLeourdwshhiopetahmene duipre4cotesd.
eathatcii t. he first policeman should
have a reward of £lO, the second £5, and all the other