The Sun.
London, England, 1839-08-03 00:00:00

BIRMINGHAM RIOTS.

WARWICK ASSIZES.

FRIDAY EVENING, FIVE O'CLOCK.
The trial of the parties engaged in the late riots at Bir-
mingham commenced this morning at nine o'clock, before
Mr. Justice LITTLEDALE. The Court was, as on the
former day, crowded in every part, and the delay has ra-
ther added to the interest of the proceedings, the fineness
of the day having induced a larger number of persons from
the surrounding districts to come into the town. The
attendance of ladies was very numerous, the galleries and
boxes on either side of the Bench displaying a brilliant
assemblage of the rank and beauty of the neighbourhood.
At half-past nine the Jury having been sworn, the fol-
lowing persons were placed at the bar :
William Sheares, 23, John Storey, 30, Wm. Eades,
21, Fred. Mason, 21, and John Neale, 30, were indicted for
that they, at the Borough of Birmingh am, on the 4th
instant, with force and arms, with divers other persons, to
the number of 500 and more, did' notoriously and tumultu-
ously assemble together, to the disturbance of the public
peace, armed with offensive weapons.
The prisoners severally pleaded Not guilty.
Mr. MILLER appeared on behalf of the prisoner Storey,
the others had no Counsel employed.
Mr. WADDINGTON opened the pleadings.
The ATTORNEY-GENERAL stated the case as follows :
Gentlemen of the Jury, it is my painful duty to attend
you upon this occasion to assist in the administration of
justice and the vindication of the law. This case arises out
of the late disturbances at Birmingham, in this county,
which have become the subject of public notoriety, and I
believe I may say have occasioned great alarm to all well-
dispcsed persons in every part of the kingdom. There have
been proceedings there which the law cannot tolerate, and
which are fearfully inconsistent with the safety of life,
of property, aye, or of liberty—for liberty can only
consist with law, and those are the greatest enemies
to liberty who set the law at defiance. Gentlemen,
it unfortunately happened that for some time in the
town of Birmingham there was a disposition manifested
to set the constituted authorities entirely at defiance. I
have always been of opinion that the greatest liberty ought
to be allowed for the inhabitants of this free country to
assemble together in a peaceable manner to consider of
their grievances, and deliberate upon them, and petition
the two Houseseof Parliament or the Throne for the re-
moval of these grievances, or the improvement of the insti-
tutions under which they live. But, Gentlemen, that
right must be exercised with a due regard to the law, and
can only be usefully exercised when the law is duly ob-
served. Gentlemen, there have been meetings in the
town of Birmingham under the pretence of considering
grievances, which have alarmed all the peaceable and well-
disposed inhabitants of that town, and which it was the
bounden duty of the Magistrates, who were there in autho-
rity, to suppress by all means which the law would allow.
Gentlemen, I am happy to think that this is not a case in
which politics are at all concerned. Every man, whatever
his political sentiments or principles may be, must equally
disapprove, censure, and condemn the conduct and proceed-
ings which lam about to describe. And it would be quite
immaterial to me—l know not what your politics are—you
are all strangers to me—l have not the honour of a per-
ions' acquaintance with any of you, nor do I wish in the
slightest degree to inquire what are the political prin-
ciples of any gentleman I have the honour to address.
But this, Gentlemen, I believe, and upon this I found the
confidence with which I address you, that you are all loyal
subjects and all honest men, and that you have a desire
that the peace should be preserved, and the law honoured
and respected. Gentlemen, if you are acquainted with
the town of Birmingham, you must well know that part
called the Bull-ring, which is near St. Martin's Church.
This was the place that was selected, chiefly, for the meet-
ings of those disorderly assemblies, and in this Bull-ring,
in the month of May last, persons met night after night in
a very disorderly manner, so as to cause great alarm
throughout the whole town. The Magistrates did all in
their power to prevent these meetings from being
continued, for they caused such alarm that they
prevented the business of the town from proceeding—the
public thoroughfares were obstructed—the shopkeepers
at an early hour in the evening were compelled to shut up
their shops, and they were seriously incommoded in carry.
ing on their business ; and I think upon the 10th of May
the Magistrates issued a proclamation, warning the inha-
bitants of Birmingham against these proceedings, and for-
bidding the continuance of those meetings. However,
Gentlemen, they did continue night after night. At last,
gro wing more alarming, it was deemed expedient that
more vigorous measures should be adopted for the purpose
of suppressing them. Gentlemen, the police in Birming-
ham was very deficient, and it was necessary that some
assistance should be procured for the preservation of the
public peace. There are two Acts of Parliament, the
substance of which is that when there has been a disturb-
ance of the public peace, or a disturbance of the public
peace is apprehended, any two Magistrates may swear in
any sufficient number of persons as special constables to
assist them in suppressing riot, and protecting the
lives tend property of her Majesty's subjects. By the last
of theae two Acts of Parliament, passed towards the end
of the reign of his late Majesty William the Fourth, liberty
is given to the Magistrates, when the necessity occurs, of
swearing in as special constables, not only persons who
are householders or inhabitants residing on the spot, but
any of her Majesty's subjects, wheresoever they reside.
This was a most useful Act of Parliament, and has been
found to have produced the most salutary effects. It was
thought by the Mayor and Magistrates of Birmingham
that they might usefully have the assistance, as special
constables, of a certain number of the metropolitan police.
When they came to Birmingham, they were not acting
in the capacity of metropolitan policemen, but as special
constables, like any other of her Majesty's subjects sworn
in as special constables to preserve the public peace ; and
it may be necessary to tell you, Gentlemen, that this es-
tablishment of the metropolitan police has been found a
most beneficial one. At first it met with some oppo-
sition, but the conduct of these policemen was
found to be above all praise. Under the conduct of
Colonel Rowan and Mr. Mayne, who aro at their
head, they had conducted themselves in a manner so as to
extort applause from those who at first had been opposed
to the establishment of a police force. On all occasions
they acted with the greatest forbearance and moderation,
and at the same time with great efficiency and vigour
wherever their services were required, being at all times
distinguished by good nature and humanity. These meet-
ings continuing, on the 4th of July the Mayor of Birming-
ham, with Dr. Booth and Mr. Chance, a Magistrate both
for the county of Warwick and the borough of Birming.
ham, went to London for the purpose of having the aid of
a certain number of policemen, who would be sworn in
as special constables, and they brought with them, I think,
about sixty—this was on Thursday the 4th of July. Gen-
tlemen, on the evening of this Thursday, a meeting such
as these which had before taken place—a tumultuous
meeting, had taken place in the Bus, and Bullring.
harangues
ees
were
made,grea t number a
nd
thoef
wholeperson shwaditha seriously alarming flagwerea
appear-
ance. That such was an unlawful assemblage (and
I am speaking with profound respect for and under
the direction of his Lordship), I cannot for a moment
doubt; for an assembly which causes terror and alarm to
her Majesty's subjects is an unlawful assembly. It is what
the law cannot endure, even when there has been no breach
of the peace. For when it causes terror and alarm, no one
can tell where it will end or what all the ultimate conse-
quences may be, and therefore the law will not allow of such
a meeting. The police arrived, and were sworn in as spe-
cial constables. Dr. Bootb, a most respectable man, with
the Mayor, Mr. Scholefield, or' hearing of this assembly,
after the police were sworn in, proceeded with them to the
Bull-ring, where the assembly was. Attempts were made
in the first instance to induce the mob peaceably to dis-
perse. They refused to do so; whereupon the Magistrates
:according to what their duty required, called upon the
policemen, now sworn in as special constables to pre-
serve the peace of the borough of Birmingham, to
apprehend and disperse them. There were some
standards near Nelson's Monument; the police proceeded
to seize these standards. There was an assault made
upon them, and there was evidently a disposition mani-
fested to attack the police, and overpower them if possible.
At first the police prevailed, but the mob was in such
numbers and strength, and acted so outrageously, that the
policemen were overpowered. The mob were armed with
bludgeons and other weapons, and it will be found that
they had also stones which they had collected with which
they assailed the police. Gentlemen, the police were most
dangerously wounded ; you will hear the particulars from
the witnesses—and this contiued for a considerable time.
The Riot Act was read, but still the riot was not sup-
pressed, and at last it became necessary to call in the mili-
tary force, by which the streets were cleared, and the peace
of the town restored. Now, Gentlemen, that here was a
most dangerous riot, which continued for some hours, can-
not for a moment be doubted. The question, therefore,
will be, whether the four persons at the bar were concerned
in the riot; and if they were concerned in that riot, of
course they are guilty of the charge laid in the indictment,
and it will be your duty to pronounce that sentence.
I will not say that merely from the circumstance
of their being present you are to say that they participated
in these illegal proceedings, although on such occasions
all peaceable and well disposed persons retire to their
homes, and if they do not assist it suppressing the tumult
and disorder, at least they give no encouragement to the
riots. But, Gentlemen, as lam instructed, it will be most
distinctly proved to you that each and every of the five
defendants took an active part in the riot, and actually as-
saulted the police. The five prisoners, John Neale, Wm,
Sheares, John Storey, Wm. Eades, and Frederick Mason,
will be proved, as I am instructed, to have taken an
active part in the riot. I shall prove this by several wit-
nesses. I shall prove that Neale knocked down one of
the policemen, and took his staff from him. That Sheares
threw stones and struck one of the policemen—that Storey
was aiding in throwing stones at the constables, and that
Eades threw a brick-bat, and was seen making use of one.
It will be proved by, I believe, two witnesses that
Mason was seen throwing stones, and to do every
thing in his power to assail and overpower the
police. Gentlemen, you shall hear that they were not
only present but actually employed in assaulting those
armed with authority as constables, and whose authority
should be respected when obeying the lawful orders of the
Magistrates. Gentlemen, it is unnecessary for me to go
further. It will be proved to you, as I believe, that these
defendants were all actively employed in the riot, and
if that be so, your duty requires that you find them all
guilty.
The following witnesses were then called.
Dr. John Kay Booth examined by Mr. BALGUY—
I am a physician residing in Birmingham, and Magis-
trate of the county as well as town of Birmingham. The
borough, previous to the 4th July, was in a state of uncom-
fortableness and alarm, in consequence of meetings taking
place in the Bull-ring, and afterwards parading with
flags. I mean by meetings, a large assemblage of from
100 to 500, and more. That had been the case forseveral
weeks. The tradesmen were in such terror they closed their
gs
shops; businesswas interrupted; and so far as they bad courage
to do so, they complained to the Magistrates. In conse-
quence of these complaints, the Magistrates issued a pro.
clamation, and used every means in their power to show
their repugnance to those meetings. Special constables

were chosen from the town, and a numerous band were
sworn, anterior to the 4th of July, to preserve the peace of
the town. These meetings have very much increased in
numbers latterly, and that very considerably increased their
alarm. Complaints were communicated by deputations,
and the Magistrates considered themselves bound to take
more vigorous measures. Feeling that we had no consta-
bulary force on which we could rely, having only twenty-
three street keepers, decrepid old men, appointed by Com-
missioners of the Pavement, and five or six constables,
under controul or direction of Magistrates, that composed
the whole police force. The population of Birmingham,
I believe, is about two hundred thousand. We, the
Magistrates, deemed that the proper alternative was
to apply to the Home Secretary for the assistance of the
Metropolitan Police. This WES on the day previous to an
expected large meeting in the Bull-ring. 'lt was on
Wednesday, the 3d of July. The large meeting was ex-
pected on Thursday, market day. The Mayor and Mr.
Chance accompanied me to London on the occasion ;
they are Magistrates both of borough and county. We
obtained the assistance of 60 constables. We quitted Lon-
don on the following day, about mid-day, and brought them
to Birmingham, when they were sworn in special con-
stalales by Mr. Chance, in my presence. At eight o'clock,
when we returned to Birmingham, we found the Bull-ring
extremely crowded. On attempting myself to ride
through the crowd I was assailed. To ascertain the
cause I rode in and through the crowd. The police re-
mained at the Railway station, a distance of about a ten
minutes' drive from the Bull ring. The object of my going
for my horse was to ascertain the state of the Bull-ring,
I found there were flags hoisted, and a man haranguing
them. It was not an easy matter to pass through that
crowd, they groaned and called me a spy. With some
little difficulty and some little nerve, I made my way
through the crowd. I thence proceeded to the Bull-ring
station, and there commenunicated to my colleagues, the
Mayor and Mr. Chance, what I had observed. Having
made my report to my brother Magistrates, we determined
on dispersing them immediately. The shops were partially
closed—that is, some were closed and some were not
closed. For the purpose of dispersing the crowd, after
having sworn in the special constables, the Mayor and
myself proceeded with them to the Bull-ring. I rode
at the head of the police directly up to the flags that I spoke
of before; there were at least six of them—they were all
in the centre. • I rode in the centre, and desired
them to disperse. There were assembled several
hundreds of people. I was anxious to arrest the
ringleader, the man who was haranguing them. He was
fronting the people on an elevation, and was reading to
them. He was standing between two flags, almost in con-
tact scith the Nelson Pillar. I directed the attention of
the police to him in the first instance, but I believe it was
scarcely in their power to take that man, for the crowd
rushed towards him. Those who were near me could
very distinctly hear the directions I gave to the police.
From that moment there was groaning, hissing, confusion,
blows, and stones were thrown. The lamp above my head
was broken by a stone; it was almost an instantaneous
matter. The moment they heard my direction to the po-
lice they seemed to consider it a declaration of war. It
is impossible to describe a scene of so much con-
fusion in anything like order. The blows were
reciprocal. I do not know what weapons were
used by the crowd, but I saw the police fall. They
were only armed with their staves. I saw the police were
beginning to be overpowered. The police wore their
London dress. I then rode with the Mayor to the bar-
racks for the military. We got the military and returned
with them to the Bull-ring. We found it on our return
still in the same state of confusion. There was a large
and tumultuous assemblage of people. I rode up to the
Nelson's Pillar again, and by the aid of the lamp and my
spectacles, I read the Riot Act. For a considerable time.
the crowd remained at bay, advancing or retreating as
the military advanced or retreated. After the lapse of
an hour it was deemed advisable to disperse the crowd.
That was determined upon by the Mayor and myself. The
avenues to the Bull-ring were stopped by detachments of
military, while the Mayor and myself rode with the main body
of Dragoons and Rifles, and dispersed the people in the
streets. We charged upon them hut did not fire • that
had the effect of clearing the streets, but not entirely till
three or four o'clock in the morning. I then retired home,
having, as I always did, gone to the public office to make
my bow to Col. Thorne. I was not a moment absent but
when I went for the military. I had an opportunity of
seeing bow the police conducted themselves. I should
say that throughout the whole evening they behaved as
other constables would have done under similar circum-
stances. lam convinced that they behaved with as much
temperance and forbearance as our own constables would
have done, and perhaps more so.
Cross-examined by Mr. MILLER.-When I alluded to
our own constables I meant the street-runners, who are
mostly old, decrepid men. The London police conducted
themselves with the moral forbearance of the decrepid old
men and the physical force of young men. I have unfor li
-
tunately seen too many crowds. I saw in this crowd boys,
and certainly some of the fair sex.
Did the police display any of their physical energy upon
the fair sex? I did not see that.—(Much laughter.)
Did you see any of the crowd knocked down ?---No.
Then, when that reciprocity of blows took place, to
which you alluded, did the women interfere ?—I saw no
reciprocity of blows between the women and the men.
Did you hear any female groans among the crowd ?—I

think that would be a shriek: I never heard the women
groan in a crowd.
Did they evince any marks of disapprobation at the
conduct of the police?—Upon my word, Sir, I did not
stop to analyse the discordant sounds. I have unfortunately
seen too many crowds. I have been a Magistrate of Bir-
mingham under the Charter. I have resided at Birminr4-
ham for many years. I was a resident there in 1831-32.
Did any of the large crowds you allude to take place
in these years ?—I took no particular notice. I was not at
all implicated in them.
You recollect before the passing of the Reform Bill ?
I can honestly say I never went into any crowd or took
any part in the meetings that then took place. I heard of
large assemblies having taken place before the Reform Bill
passed, but I saw them not. I should say the state of ex-
citement, and alarm was very much inferior to that of the
late proceedings. There was great excitement then, cer-
tainly. At that time there was a large and powerful body,
called the Birmingham Political Union, in existence ; that
body was associated to obtain a reform of the House of
Commons. I did not hear of any body of military or police
being called upon at the time to disperse the meetings that
took place. I don't know whether anv of my present
brother Magistrates were members of the. Political Union.
I took very little share in public matters. On the Wed-
nesday, when we went to London, to call for the aid Q!
the metropolitan police, about three or four hundred
of the inhabitants had been swore in as special
constables. The pensioners were among others sworn in.
On the Monday previously to our going to London, I
understood there was a meeting of this sort to be held, and
the Magistrates had taken naeasures to disperse it, or pre-
vent its taking place. The special constables were to
form part of the assistance far that purpose. Our impres-
sion was, that it had been made known through the town
that arrangements had been made for suppressing the
meeting.
Did a body of special constables go to the Bull-ring
that evening ?—1 believe they did, but I don't speak now
of my own knowledge.
Do you know of any conflict having taken place that
evening ?—I really was not there, but I don't know of any
such having taken place. I beg to correct my-self—l know
that a soldier was wounded on his way to the Bull-ring.
Do you know of any application being made by the
Mayor to the Commission ers for the use of the Town-hall,
to enable these persons to meet and discuss these politi-
cal questions don't kn ow. The Mayor is here him-
sylf, I believe. I went to the Bull-ring myself that
evening ; but at that time the Bull-ring was empty. I
took troops with me, but the meeting had gone off in the

interval. I only know this from hearsay. On the evening
of the 4th, when the police arrived, a man was in the act
of reading, but what it was I cannot tell, as it was just get-
ting dark—it was like a pamphlet or a newspaper in a com-
pact form. The police came in omnibuses to the public
office, and then they wdlked to the Bull-ring. The Magis-
trates had made known their repugnance to these meetings
somewhere about the middle. of May.
The prisoners declined to ask the witness any questions.
George Martin—_l am one of the inspectors of the Lon-
don Police who were employed to come down to Birming-
ham on the 4'h of July. I arrived with the Magistrate
a little after eight o'clock, along with GO constables. About
half an hour after we arrived we were sworn in special con-
stables by Mr. Chance. I remember Dr. Booth being
absent from the railway station a short time ; when
he returned we then proceeded to the public office,
aud, after a few minutes, we proceeded to the Bull-
ring with Dr. Booth. I was at the head of my men.
I saw several hundred people there, and there were ban-
ners in the street. The banners were fixed on poles, and
there was one on each side of the man that was haranguing the
mob. He was elevated on a sort of ladder, or steps, and
was surrounded by the mob. When the people saw the
police and the Magistrates the people seemed disorderly.
They made a great noise. Dr. Booth in a loud tone of
voice desired them to disperse. The crowd then com-
menced hissing and hooting, and there were several stones
thrown. There was one stone, I believe, thrown at Dr.
Booth, which struck the leg of his horse. At that time
there were none came near me, or any of the police. Dr.
Booth then desired them to apprehend the man on the
ladder with the paper in his hand. I proceeded with the
men by my side—the others followed. I attempted
to get through the mob to get at this man. I did so by
pushing with my shoulders to push them about—thus part-
ing the mob that stood near this man ; one of them struck
me with a stick, the others struck with their fists; in fact
a regular attack was; made, and I then used my staff, and
endeavoured to take the prisoner. I had no other weapon
but my staff. We had left our other arms at the Railway
station. The man who was elevated got down and mixed
with the crowd. We got up to the Monument. The
figs were still there, and Sergeant Swceting, who was
with me, took one of them. There then ensued a gene-
ral fight between the police and the mob. The people had
by this time armed themselves with sticks, and stones
were flying ♦ery fast. I received a very severe cut on
the eye with a stone, but I was not knocked down.
I saw several of the police who were knocked down. In
consequence of this fight my man became dispersed. I
endeavoured to rally them. The mob had by this time
retreated, and there was an open space at the monument.
The men had dispersed pursuing the mob. I went up to
Dr. Booth and the Magistrates, and advised them to send
for the military. The snob had taken up their position in
the avenues, and were throwing stones and brick-bats at
the police and the Magistrates. I began to fear that we
would be overpowered, as the mob kept increasing. Dr.
Booth and the Magistrates rode off, While they were
gone, in a few seconds, with one or two of my men that I
had rallied, we were attacked by seven or eight men armed
with sticks. I was struck in the mouth, and had several
other blows, and I lost my hat. I had my arms all bruised.
I had then broken my staff. Some of the men came and
rescued us. I called to the men to form two deep, to en-
deavour to rally them. While I was doing this, the stones
flew at us very thick, and one of the men had his lip cut.
I thought then if we remained longer we would have been
sacrificed—murdered. The stones were coming thickest
from Bell-street; and I proceeded with the four or five

men to the end of Bell-street. We were then isetercepted by
another crowd behind us that had come from some
other street. Being surrounded we attacked those in f.-ont,
and they ran away. The men and myseif were completely
exhausted with the struggle, having been attacked on both
sides, and we retreated to the Turk's Head in Bell-street.
The men were more or less all hurt. Some of the mob
came in, and asked, in angry tone, if any of the police were
there. A great many of the windows of the Turk's Head
were broken. Some person, I believe it was the landlady,
who was much alarmed, told the people we had come
in at the front door, and gone out by the back door. We
afterwards went out, and found the military in possession
of the Bull-ring. On the outside there was still a great
crowd, but they were not making a very great noise.
That might be about half-past ten or eleven,
as I stopped to have my eye dressed. I re-
mained on duty till four o'clock in the morning. I
received a wound on the shoulder which cut my coat
through—but I don't know with what instrument it was
inflicted ; there were 12 or 13 men seriously injured.
Laxton and Reeson were both stabbed, and were removed
next day to the hospital—Laxton was expected to die, and
was not able to be removed that night. He had been
stabbed below the navel, and Reeson about the thigh
somewhere.
Cross-examined by Mr. MILLAR.—I think the man was
reading from some printed paper. I don't know whether
it was The Sun newspaper. Of the several hundreds in
the Bull-ring there were a much greater number of men
than women or boys, There was not one woman to
three or four hundred men. I saw very few boys. I don't
recollect seeing any. I saw no women at ail till the crowd
was partially dispersed. I can't say whether there were
any women when the man was reading the paper. I saw
none of my men striking the women, but I saw a woman
acting very improperly, and inciting the men to attack the
the police. She was using low, blackguard language
towards the police. Her violence was confined to her
tongue, fur I did not see her do anything. There was
a general fight going on. I think she wanted to inspire
the mob with a little courage.—( A laugh.) She wished,
'1 suppose, to make herself conspicuous. I saw no chil-
dren there. lam sure Dr. Booth addressed the crowd,
and told them to disperse, instead of telling the police to
do so. On Dr. Booth telling them to disperse they began
hissing and groaning, and stones were thrown, and then
Dr. Booth told us to apprehend the speaker or reader.
That man had not throe n any stones at the time. I was
then about eight or nine yards from Dr. Booth. The
police were divided into two bodies, the one behind the
other. My party were formed two deep in line. When
I found I was assaulted I used my staff to defend myself,
and attacked those who struck me. The police dispersed
in various directions, following the mob; four or five went
to Bell-street, and some of the mob followed. I had
never been in Birmingham before.
William Crispin, A 56, of the Metropolitan Police,
/ examined by the ATTORNEY-GENERAL—Was on the 4th
of July at the Black Bull, the lower end of Bull-ring.
There was a crow dispersed through the lower part of the
Bull-ring, and towards Holloway-head. I saw John Neale
there.—(Looking at the prisoners at the bar)-1 don't
see him now. A policeman, named Tierney, appre•
hended John Neale. I don't know any of these men at
the bar.—( Sensation.) John Neale struck me. I was first
struck on the head, and was stunned by the blow. Some
of the mob took my staff. I saw John Neale at the public
office after he was apprehended. Several small sharp
stones the size of an egg were taken out of his pocket.
Cross-examined by Mr. MILLAR— I was not one of
Martin's division. I was in Inspector Partridge's di-
vision. I saw a few boys in the crowd. I saw no women
there at first, but there were some in the later part of
the evening. I saw women in the door-ways. I never
interfered with the women at all. I had quite enough to
do with the men. I ordered the men to move on, but I
did not use my staff then. I ordered the women in, and
to shut the doors and disperse. Some did, but others did
not, and I shoved them along. The women did not
groan, but the men did.
Re-examined by the ATTORNEY-GENERAL.—There were
a great many of our men severely wounded. I saw Lax-
ton and Reeson, who had both been stabbed. Until the
mob began with violence we did not use our staves. They
had been a great number of times previously desired to
disperse.
John Massey Tierney, 8 A, examined by the ATTOR-
NEY-GENERAL.-1 was one of the London police sworn in
at Birmingham on the 4th of July. I was w ith Martin's
division. I apprehended a person named John Neale at
the bottom of New-street, about 100 yards above the
Monument. It was at a few minutes after 10. I appre-
hended him for having these four stones in his pocket
(producing four small-sized stones). My attention was
called to him by another constable, and I saw the stones
taken out of his pocket. The mob were still in groups
in various parts of the street, but apparently quiet. The
defendant on the right of the bar is John Neale. I saw
him afterwards at the police office, and he said his name
was John Neale. He then wore a fustian jacket. I gave
him in charge to the Rifle Brigade.
Examined by Neale—Did you see me throw stones or
use abusive language ?—No.
Did I not ask you to allow me to pass to my lodgings,
as I was a stranger in the town ?—No.
Neale—l say I did.—(A laugh. )
You won't swear I did not ask soma other policeman to
allow me to pass ?—No. I can't say what you might have
said to other policemen.
Edward Evans, policeman, examined by Mr. BALGUY
—Was sworn in as a special constable at Birmingham on
the 4th July. Was at the Bull-ring' and saw two of the
prisoners among the mob—Frederick Mason and Sheares.
I saw Sheares in the act of throwing a stone at me, when
I turned round. I rushed at him, and struck him on the
wrist with my staff, and the stone dropped out of his hand.
I apprehended him immediately, but he resisted very
much. I saw Mason also in the Churchyard. He was
concealed between two tombstones. That was about ten
minutes past ten. I went there in consequence of the
quantity of stones that were thrown from the Churchyard.
I apprehended Mason there. I asked him what be was
doing there, and he did not answer. I then struck him
with my staff, and told him he had better confess.
By Mr. Justice LITTLEDALE—The Churchyard is
within the Bull-ring.
[A plan of the Bull-ring and the adjoining streets was
then handed to Dr. Booth, who said it was a perfectly
correct one.
William Hall, examined by Mr. BALGUY--.I am one of
the Birmingham constables. Was on duty on the night
of the 4th July. I saw Mason taken into custody by
Edward Evans. He was brought out of the old Church-
yard by Evans and handed over to another officer and
myself. We took him to the Police-office.
Mr. Mieeee—You are not one of the decrepid old men ?
—No, but I suppose I must bow to your superior judg-
ment.—( A laugh.) lam appointed by the two Borough
Constables.
John Marlow, metropolitan policeman—l was on duty
in the Bull-ring on the night of the 4th of July. I saw
John Storey, one of the prisoners, in St. Martin's Church-
yard. He was doing nothing. Stones had been thrown
from the Churchyard, and I took Storey into custody.
The gates were closed, but I got over the railings. He
was not doing anything. Henry Billing was with me.
There were a great many people in the Churchyard. They
had been throwing stones for some little time. It was
after ten o'clock.
Henry Billing, police-constable—l was in the Bull-ring
on the 4th of July. There were stones thrown from St.
Martin's Churchyard. Did see who threw the stones.
The Bull-ring was then in a state of tumult. I got over
the railings along with Marlow. We apprehended Horne.
He was close to the rails; the first person we came to.
Cross examined by Mr. MILLER.—That was soon after
the soldiers arrived. Did not see Evans apprehend Mason.
William Hall recalled by Mr. BALGUY.—There are
railings round St. Martin's Churchyard. The gates are
generally locked. Could not say they were locked on
that night. They are usually locked between 9 or 10.
Henry Herrington, police constable, examined by the
ATTORNEY-GENERAL. --- Saw Eades in New-street,
near the Bull-ring. There was a great crowd.
We had dispersed them in the Bull-ring, but
they were blocking up the other streets. Eades was
standing with his face towards him, and his hands behind
him. I asked what he had concealed behind him, and he
answered, nothing. I then turned him round and he let
fall a brickbat from his hand. [The brick was produced
by the witness.] It was after 10 o'clock. I saw before
then stones thrown at the police.
Cross-examined by prisoner Eades, who merely denied
that he had the brick in his hand, and stated that he had
just come out of Dale end. The prisoner, instead of
cross-questioning the witness, told his story denying the
evidence of the witness. The witness when cross-exa-
mined by the Judge adhered to his evidence in chief.
Wispess cross-examined by the Junes—l did not desire
the prisoner Eades to go home. I took him immediately
into custody.
By the ATTORNEY-GENERAL—The prisoner Eades was
not moving. The crowd was so great that he could not
have got home.
Mr. MILLAR then addressed the Jury for the defendant
Storey. If his Learned Friend the Attorney. General had
thought it necessary to express to them the feelings of pain
and anxiety he experienced in rising to address them here,
infinitely greater must be his feelings, who was compara-
tively an obscure inexperienced individual, when called
upon to discharge a duty, and with all due deference he
would soy a duty quite as high and important as that of
the Attorney-General. He had said that he had appeared
there in vindication of the law, but he (Mr. Millar) stood
there equally its assertor and vindicator. It had been said
that disturbances of a most serious nature bad lately
taken place at Birmingham ; that they were the
subject of public notoriety and of serious alarm,
not only to the inhabitants but in all parts of the country.
They had been told all that and more, which had not been
proved in evidence, and he complained of the Learned At-
torney-General having endeavoured in that way to excite
the prejudices of the jury by a sense of danger to property,
to life, and to liberty itself, and he then said he was merely
vindicating the law. He ( Mr. Miller) asserted that that
proceeding was a violation of the law. It was unfortunately
too true, and it was unfortunately matter of public noto-
riety, that disturbances had taken place—that riots had oc-
curred, property had been destroyed, and houses set on fire.
All that was matter of notoriety—painful notoriety—and
it was his duty to refer to it ; because when the Attor-
ney-General had stated these circumstances, he had omitted
to tell them that these disturbances had taken place sub-
sequently to the arrest and imprisonment of these
prisoners, that nothing of the kind except some public
meetings had taken place down to the time when these
'alleged offences had occurred. He complained of the
unfairness of such a proceeding. It was, to a certain
extent, a violation of the law to impose upon the minds of
the jury circumstances which did not appertain to the case
before them, and were not therefore legitimate subjects for
their consideration. He would remind them of the oath
they had taken to return a true verdict upon the evidence
Learned e d
and not upon matters of public notoriety—still less
upon matters of public notoriety, long subject to
beentlr
twhened.
The offence were
Attorney-General
said that politics hadnothing tohhaavde
to do with the
case—that it was a simple charge of riot against these
young men. But if politics had nothing to do with it, he
was rather surprised to see arrayed against him her Ma-