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

MIDDLESEX SESSIONS, July 8,

(Before the Assistant-Judge.)
THE LATE RIOT AT CHEINIORNE-GARDENS.
This day being appointed for the trial of the several de-
fendants implicated in the late riots at Cremornc-garacrs,
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 °cou-
plet _ _ _

The several defendants answered to their names as fol-
lows :—Reginald Herbert, John Dirket; Joseph Edward

Saville, Robert Shawcrosa, Charles INlTongal, 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
Cretnorne-gardens.

Mr. Sleigh, Mr. Ribton, and Mr. Pslaud appeared for
he prosecution ; Mr. Sergeant Ballantine and Mr. Stuythies

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. Warlon for Shawcross ; Mr. Tindal
Atkinson for M'Dougal; and Mr. Holl 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 otjustice, 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 as Mr. Herbert
was concerned, should be postponed, and he should put in
an affidavit to prove the steps which had been taken to find

Mrs. Forest, but without success.
The affidavit was then read at length by the Deputy
Clerk of the Peace.
Mr. Sleigh said he believed he might save his learned
friend some trouble, as Mr. Forest would undertake to bring
the lady, to whom reference had been made. She was not
his wife, but a lady that he was living with.
The defendants were then given in charge to the jury.
Mr. Sleigh, in opening the subject, said he had the
honour to appear in the case, together with his learned
friends Mr. Ribton and Mr. Poland, fur the purpose of lay-
ing before the jury the facts out of which this prosecution
had arisen. They had heard from the officer of the Court
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-
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 Cremorne• gardens, a place of amusement which had
been conducted for many years previously by Mr. Simp-
son, and for the last few years by a gentleman who had
secured the goodwill and esteem of the public by the
manner and the propriety with which he had conducted
the large public establishments of which he had been pro-
prietor, and which had been under his guidance for the last
ten years. Mr. E. T. Smith had been successively the pro-
prietor of ller 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 900 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
theyw e r e s
h thenould onbe thegui
guilty,
yo floor
thatof thethe
they
ar td,
to the land in which they lived. The persons who were
and t
hwereethey
‘ cureesgie: aewrtg,hetofd with being the originators and charged as the principal actors in this scene, whether rightly
or wrongly it would be the province of the jury to
par-
ticipatorsdeter-
mine,
in the acts to which he had adverted. They were
one and all persons
.whose position in society should make
them deeply
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 one of them
held her Majesty's commission of the peace, and another of
them held her majesty s commission as an officer of the
army, and the other defendants moved in a very superior
position in society. On the night in question the defendants
yicthhtehree
wdeafsendant Herbert, Birkett, and Saville were observed in a portion of
the crowd shouting
the establishment called the circular bar, which inear the
"Plenty
aof bahraonudtyd,
promenade, and which was much thronged, persons going
in and out. About 1 o'clock a shrill whistle was heardg tog
co
Nm Her-
bert
oe fromwa nfdQr
otherst circularahuelpaornk wh rushedi,, bar,
hc oir uponamong
ooenndigba which
theaud owthateerrde'fendants joined. They then commencedru a'raint,
mingling it with shouts, hissings, and other noises,do
scene of terrific confusion ensued. Glasses were and
offal
the counter, plants were taken up and thrown about, people's
hats were knocked off their heads, and womenrwonwereeaanpvdusrhioetd.
about. The policew endeavoureda
roiy, h
) doing
rttot
so
oapolice
quellsom t
e, but from the
time of the whistle there became a raging
destructionassaulted. Finally
of p
circular r bary, and in
of those whowas
quelled,
edl
led been
n °eeu
to clear
de-
fendants
d
ofe thde t
na u conductingroffiers
wSthemselveseeerienguethets h
aiulsnu this
taken into custody. He had
andthus given a brief
sketch of
but
these
for disgracefula few
moments proceedings,
inlaying bee re should de-
tain themthem the
more prominent facts of the case, which the° prosecution
said would deserve their serious consideration, to
them to say by their verdict whether one or all of
the enable
defen-
dents were concerned in these riots. The learned gentle-
man then briefly referred to the evidence, and said, after
had proved the facts by witnesses, he believed the
he
a
jury
would be bound to return a verdict of guilty against thery
de-
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
t° P
-
teat himself when he was assaulted in endeavouring to takere
one of the defendants to the station-house.
Sergeant Ruddy was the first witness called,andexamined
by Mr. Poland. night remembered the •
ho was on duty at Cremome-gsaw Cremorne-gardens. He the defen-
dant Birkett there. He was inside the circular bar shouting
and crying out when the riot began, "Go it, boys; here's
plenty of soda and brandy." The defendants got inside the
circular bar, and were pushing the people about. He took
Mr. Herbert into custody. He heard him call out twice
" 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 g o " and beckoned to the
mob to come to his assistance. Before he took
Herbert away
the other defendants began pressing gan presaing the people about right
and left, and were crying and shouting out. When he re-
turned from the station where he bad 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 umbrellaP was produced). He seized hold of
him and tried
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. Re 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-

dens. There was dancing going on before and while this
was going on, but there was none after. He could not say
how many policemen there were there. There is a bar
where this took place ; that is at the further end of the gar-
dens. He could not say whether or not any of the waiters
or waitresses were there. It was about 15 or 20 minutes
before he got back from the statiou. There was a great
crowd during the whole of this affair. The defendant Her-
bert was not pointed out to
Cross-examined by Mr. Huddleston, Q.C.—He first went
to the gardens about 9or 10 o'clock in the evening. This
row commenced about half-past 12 o'clock. It was the com-
mencement of the riot that he saw. The five defendants
were theie, and two other gentlemen, The other gentlemen

were charged with being in the riot. One was discharged,
and the other one was fined 10s. He gave his evidence
second before the magistrate.
Cross-examined by Mr. Hawkins, Q.C.—The coffee-room
i; at the side of the circular bar. The disturbance com-
menced at the entrance of the circular bar ; between the
circular bar and the entrance to the coffee-room. He was
inside, and was pushed about and carried off his legs. The
riot commenced in the gardens and not in the bar. Some
were inside the circular bar, and some were out. There was
a great rush at the doors. He had not seen the defendant
Saville that night before this. He (Saville) was standing
inside the circular bar, inside the doorway facing the circu-
lar bar. He had not noticed him in there four or five minutes
before that. The pushing was from both ways, inside and
out, Those who were trying to get in made the most dis-
turbance and noise. The defendant Saville was inside. He
did not observe him talking to anyone. He, witness, could
not repeat a single word Saville uttered. The gardens were
crowded that night. There was a very good company of
people there. Mr. Saville was taken to the station after Mr.
Herbert.

Cross-examined by Mr. Digby Seymour—There is a con-
venience acrcss the circular bar. Tho rush that was made
seemed to come from the further side, which would be the
right side, the furthest side from the theatre. The rush
appeared to come from that direction.
Cross-examined by Mr. Tindall Atkinson—The first
time he saw M'Dougal was about 20 minutes to 1 o'clock,
and not past 1 o'clock. He had heard Inspector Tarlton
examined before the magistrates. He did not see M'Dou-
gal when the riot commenced. He saw him about 9or 10
minu►es after the disturbance. He heard him cry "To the
rescue, and don't let them take him." He, M'Dougal,
struck at Inspector Tarlton in this manner. (The witness
here described the manner in which the blow was struck.)
As soon as he struck the inspector took the umbrella from
his hand. He whistled, and hissed, and urged on the mob.

He hit the inspector on the head. He should think such a
blow would call a person's attention. He took him into
custody.

Inspector Tarlton was then called and examined by Mr.
Poland. He said he was an inspector of the V division, and
was on duty on the night of the Oaks. He saw the disturb-
ance. It occurred at the circular bar. 11 e and several other
officers tried to keep order, but they were overpowered. He
saw all the defendants except Mott when the riot was going
on, but not committing themselves. After the circular bar
had been cleared and the doors closed, he saw MWougal
come up with an umbrella and strike one or two policemen
on the hats. He lost sight of him for a few minutes and then

he came up in front of the door, which was closed. He
cried out, " Burst the door open ; we want more lush, we
want more drink. Where is Mr. Smith ?" There was a
kind of rush and he ordered the men to draw their staves,
and if there was any attempt to get the door open by burst-
ing it to use them. He saw M'Dougal assaulting one or two
other constables with the umbrella. Then there was a rush,
and, in passing the crowd bask, he received a blow on the
side of the head from some person behind, on the left side
of the neck, just above the stock. That was with the silk
part of the umbrella. He turned round and then saw
M'Dougal in Sergeant Huddy's custody. As he was assist-
ing to take M'Dougal outside the gardens he was tripped
up on the platform. He was also kicked in the shoulder.
" To the rescue" was a cry that was often repeated through-
out the evening. He felt the pain in his shoulder for two
or three days. He would say it was a vicious blow ;it was
viciously given. If it had been with a stick he would have
felt it most severely. There was another person rescued
from him by the mob. He could not speak to the other de-
fendants being present.
Cross-examined by Mr. Sergeant Ballantine—He saw
Herbert before. He was walking in a hurried manner into
the circular bar. He did not observe that his dress was
deranged. The whole of the striking he saw was after he
saw Herbert.
By Mr. Tindall Atkinson—lt was about a quarter past 1
o'clock. He might have touched some people on the hat
himself. His men drew their staves when he gave the
order, and not before. He did give the order " right and
left." They gave the people a sort of poke in the ribs.
There was a person between him and M'Dougal when
M'Dougal struck witness.
Inspector Drake was then called, sworn, and examined
by Mr. Sleigh. He corroborated the principal features of
the case, as described by the previous witnesses. The win-
dows were broken and the doors were burst open. He was
much hurt in the chest by being pressed against the door-
post by the crowd. They got the mob out and closed the
doors. He was obliged to stay away some time in conse-
quence of the injury he bad received. When he returned
all the row was over.
By Mr. Huddleston, Q.C.—He said at his first examina-
tion that he saw Birkett about 12 o'clock, but he recollected
since it was past 12 o'clock. He did not see him at 12 o'clock,
and if he had said so before it was not true. He found out
since by the charge-sheet that it must have been after 12,
and so he had made a mistake. He could not say Birkett
had a white handkerchief on.
Mr. Hawkins, Q.C., then went into a long cross•exa-
mination of the witness, in which he gathered from the
witness that he had had no communication with the solici-
tor for the prosecution in this case. He had received a
copy of his depositions. He supposed that was to keep what
he said before the magistrate in his mind. Mr. Pierce, the
manager of the Cremorne-gardens, gave him the copy.
He had read it once, but he did not know it by heart. He
thought it singular that he should be supplied with a copy
of his depositions as well as several other constables. He
could not recollect how many, but he would say about 12.
Mr. Pierce gave them to him, and he distributed same, and
the last witnesss, Inspector Tarlton, the rest. He did not
take anybody into custody. He was not told by Mr E. T.
Smith to take Mr. Smyth into custody if he came to give
vidence.

Re-examined in chief by Mr. Ribton—He had not a
watch, and it was his impression at the time that it was 12

o'clock.
The Court here adjourned for 20 minutes.
On the re-assemblibg of the Court the names of the de-
fendants were called, to which they answered severally.
Thomas Rowe, 113 V, was then examined by Mr. Ribton,
and gave similar evidence to that already elicited. He was
also furnished with a copy of his depositions. Pt-lice-con-
stable 35 B pointed it out to him at the station last Sun-
day. He had looked at it, and it did not correspond with
his evidence. (Great laughter) It was not to the same
effect as that which he had given at the police-station.
By Mr. Hawkins, Q.C— W hen he found it did not cor-
respond with his evidence he threw it away. There was
some part of his evidence left. He did not tell Sergeant
Large it was not a fair copy. Ho had burnt it in the kitchen
fire after he had read it over.
James Manley, 347, who was on duty at Cremorne-gar-
dens at the time, was called, and gave similar evidence. He
had also a copy of his depositions, but he had not got it here

now.
J. Fullford, 371 V, was examined, bui, his evidence was
a repetition and confirmation of that already given, as was
also the evidence of George Large, 35, George Polter, 174 V,
Sergeant Airs, 28 V, and of William Ayes, 37 V.
The Court rose at 5 o'clock.
The case for the prosecution will be proceeded with to-
morrow (this day).