The Sun.
London, England, 1838-08-11 00:00:00

FATAL RIOT AT CANTERBURY.

HOME CIRCUIT.—MAIDSTONE. Auo. 10.
At nine o'clock Lord DENMAN entered the Court, and the following
eight prisoners, viz., Wm. Wills, Thomas (Mears) Tyler, Edward
nraight, jun., Alexander Food, Thos. Griggs, Edward Curling, Richard
Forman, and Charles Hill, were placed in the dock, and, formally
arraigned, for the wilful murder of Lieutenant Henry Boswell Bennett,
on the 31st of May last. on two counts ; the first charging them with
being aiding and assisting Courtenay, the other charging them as prin.
cipals in the murder.
They all pleaded " Guilty."
Mr. CLARKSON then stood up, and addressed the Judge.—" My Lord,
as Counsel for the prisoners, with the exception of Wills and Tyler, my
Learned Friend and myself, after having given their case the most ma.
tore consideration, and after hearing the charge of your Lordship yes-
tertlay, in which the law was distinctly laid &Von that if persons were
assembled for an unlawful purpose, however indistinct or undefined,
they were all guilty of any acts which might be considered in vio.
lation of the peace—we, my Lord, felt that the prisoners
could hsve pursued no other course than that they have
adopted, for the Jury must again come to the decision that
they did. We therefote feel, my Lord, that, under our pecti.
liar situation as Counsel for the prisoners, we have been aiding
in the administration of the laws and advancing the interests of justice
in advising them to take the course they have adopted. I may .state as
circumstances which I am sure wilt be taken into consideration by your

Lordship in passing sentence, that eight of the persons who were con-
cerned in the infraction of the law were mortally wounded, that many
of those who now stand before you have been grievously injured,
and that as many as a hundred destitute and helpless individuals
now depend on the issue of this trial for the support and natural pro-
tection which the prisoners should have afforded them. lam quite sa-

tisfied that these deluded persons will find in your Lordship a humane
and merciful administrator of the law, and I feel I may safely assert
that there is no one now m event who is of opinion that Courtenay's
followers contemplated the act which that madman committed, or that
any of the grievous circumstances which have occurred would have
taken place. I felt that 1 should not have done my duty to the public if
I had neglected to state the grounds on which I advised the prisoners to
take the step they have done, and I feel satisfied that this course is per-
fectly consistent with what I owe to them--that it tends to maintain
and vindicate the majesty of the law—and that it will the more effectu-
ally recommend them to your Lordship's merciful consideration.
Mr. SIIEA said; as especially concerned for Wills and Tyler, he fully
agreed with his Learned Friend; for after hearing the law laid down by
his Lordship yesterday, he telt that any further attempt to influence the
Jury or struggle with the law would be useless. He had, therefore,
advised those for whom he was engaged to acknowledge their guilt and
throw themselves upon the mercy of the Court.
The Hon. Mr. LAW, counsel for the prosecution, said—My Lord, I
feel that the counsel for the prisoners have exercised a sound discretion
in the course they have taken in recommending them to plead guilty.
I readily concur in recommending them to your Lordship's merciful
consideration—a prayer in which I am sure every one acquainted with
thecircumstances will join. But Ido not feel that I should be doing
my duty if, in recommending to mercy the prisoners Tyler aad Wills,
I should do more than solicit your Lordship to spare their lives. Be.
yond that Ido not feel warranted in going on their behalf. As to
Price, he stands in a very different situation, for he was not engaged in
or present at the second violation of the law in the affray at Bosenden
Wood. The guilt of all the other prisoners is obviously
less than that of Tyler and Vc ills, and I am convinced
that they will meet with proportionate lenity in your Lordship's
sentence. I must say that I decidedly differ from my Learned Friends
respecting the nature of the second transaction, fur I know that after
blood had been shed, and the unfortunate man named Nicholas Mears
lay murdered, the other act of violence which the party committed can
be considered in no other light than that of open undisguised murder.
But I feel also that the peculiar and painful circumstances urged yes-
terday by the jury in recommending Tyler and Price to mercy desire
serious consideration, and should have due deference shown to them.
In any observations which I have offered, I do not mean in the
slightest degree to be supposed to guide or dictate the course which
should be taken with regard to these prisoners.
The counsel for the prisoners then called the following witnesses :
The Rev. Charles Handley examined—l have been Vicar of Hem-
hill for 9.2 years, and resided there nearly as long. I know Alexander
Foad, Edward Wraight, jun., Edward Curling, and Thomas Griggs.
They all reside in my parish. Foad is not a native of that parish, but
has resided there for six years. Wraight and Curling have resided
there all their lives. Griggs has only resided there far ten or eleven
months; but I have known him as a boy in my school, and since he
has married, 10 or 11 months ago; they has lived in my parish
up to the time of their becoming Thom's followers; their characters
have stood fair. I was present, but not by intention, on the fatal day ;
and then took part only to dissuade the misguided men to give up their
objects, and case •to follow Courtenay. A pistol was fired either at
me or at my brother, Major Handley. lam not certain which it was aimed
at. I have known Richard Forman for a few years past, during which
he has been residing on the borders of my parish. I know nothing
against him.
Edward Curling ex amined.—l am steward to ladies of the name of
Lambert, at Hein-hill. I have for several years known the prisoners
Foad, Wraight, Curling, Griggs, and Forman from their birth to the day
of the murder. They have all been my servants and workmen. I have
never known anything bad of them till this dreadful business of
Courtenay.

Charles Neame, Esq.,lof Sellirg, examined—l have known Griggs
since his childhood. He worked for me, but he has been living in my
brother's service. I believe him always to have been a peaceable quiet
man till this unfortunate anis took place.
Kay, bailiff of Mr. Snoulton, examined—l have resided for
twenty years in the parish of Hern.hill. I know Wraight and Curling.
Wraight has worked for me off and on several years, and I have known
Curling twenty years, and both have borne good characters. I have
known Forman for fourteen years. He has worked for me—a steady
workman for the last six years. He is a quiet peaceable man. I knew
Foad as a near neighbour for six years. He is a very quiet inoffensive
man. He has ground of his own. I have known Wills for twenty
years, and up to the present time he has borne an excellent character
as a religious man.
Mr. Edward Taos, of Ospringe, examined—l have known Alexander
Foafi ; he lived with me as a servant from his marriage, when he took a
cottage on my land. He lived with me for eleven years as a servant and
tenant. He was an honest, respectable, peaceable man.
William Gibbs examined—l have known Wills for twenty years as a
quiet, inoffensive man, of religious character.
Edward Judges examined—l have known the prisoner Wills for
thirty years as a quiet, inoffensive, respectable man, religiously inclined.
C. Neame, Esq , re-examined—l knew Charles Hill from his birth,
and knew nothing against him, but that he is very much inclined to
drink. I never heard anything against his honesty. He was always
peaceably disposed.
The prisoners were then asked why sentence of death should not be
passed against them ; and they remaining silent, the Judge proceeded to
pass sentence,
Yeu (said his Lordship, separately addressing the psi_
soners, m Wills, &c)have been severally convicted of the crime
of murder, to which you have pleaded guilty, and the law now requires
that I shall pass a capital sentence upon you. (The sentence of death
was passed by his Lordship in the usual form.) Having performed
the duty which the law imposes on me, Ido not think it right to keels
you b
a en
moment
in doubt as to its being carried into execution; for, hav_g
in made up my mind on the subject, I think it right to tell you that
your lives will be spared. The fate which awaited you, and which you
t
have incurred, you have just heard in the sentence which the law
enacts as the penalty of your offence; but it is in the discretion
of the Court, and eventually iu the power of the Government, not
to let the law take its course. I have had very great difficulty
in coming to the conclusion that it is advisable not to let the
law take its course in the present case. Your offence is of a
very enormous stature ; and I think that along with the fanaticism and
folly which have marked your acts there has been shown so much bad
feeling, and, I am sorry to say, so suddenly excited—there has been so
much disregard to the happiness and safety of your fellowmen—there
has been so much recklessness of mischief, and such a determined reso-
lution net to interfere to prevent it when you all saw how imminent and
frightful it Was, that I have really felt it to be a very strong act on my
part to come to :he decision that your lives shall not be forfeited in pur-
suance of the law. Two circumstances, independent of
m o to Mercy of the Jury yesterday, have greatly
threc onn theen sdeant
recommendation
weighed with me in coming :0, the conclusion which I have done in
the case of Thomas Mears and IVillir Price. One of them is,
uided associates fell under
that a very great number of your misl7
the execution of those who were called oti !'0 protect the law ; and.
i,-seessarily (and
in point of fact, they may be considered as baring already paid
the forfeit of their lives to the law. These melt,
therefore lawfoy) sent to death in vindication of the legal :ndunitYs
may be taken as persons whom the law has already sacrificed, and in;lidf
examples to others of the consequences of violating it ; because the
firing at these men, which unfortunately became necessary, would itself
have been an act amounting to murder, and would have subjected the
parties committing it to punishment, if the facts at the time it took
place had not authorised the proceeding. And so the law has been
anticipated by the individuals who fired at you. There is another cir-
cumstance which also greatly weighs with me in sparing your lives, and
that is that the relations and friends of the unfortunate young man, the
officer, who was shot by that leader whom you thought proper to support
in violation of all law, right, and feeling—these relations have declared
that it would be the greatest aggravation to their sufferings for the loss of
their son if any more blood were spilled or lives sacrificed in consequence
of this unhappy affair. And Ido feel that much respect is clue to these
unfortunate persons whose dearest relation became the sacrifice to his
courage and sense of duty in putting down this most atrocious attempt
to resist the law. Now these things have led me to think that it is not
improper that your lives should be spared; and I may observe that
the course which, on grave consideration and consultation, you have
adopted (and without any disapproval on the part of the Court)—l mean
pleading guilty to so heinous an offence—is not by any means with-
out precedent, and has occurred on former occasions where
the law and facts were perfectly clear and the means of
proving it by overwhelming evidence equally within reach.
When it was perfectly clear, even before the trial began,
what must the fate which awaited every individual who was charged
as we have the means of judging front the depositions and from what
passed yesterday of the real nature of the transaction in which they were
engaged—it might appear to be a waste of valuable time and to be dwell.
ing on circumstances of a painful nature, if without necessity we should
now go over those details, I think that the course which has been
taken is the most sasisfactory, and I have, therefore, to inform you that
you are to consider that the last punishment of the law is not to take
effect on you ; but thoush I came to that conclusion before any observa-
tions were addressed to me this morning, it really is an effort which one
ought to be reluctant to make, when the effect of it must be to pre-
vent the last example being given to the ignorant people at large of
what they must expect if they encourage courses like these; and it is
absolutely necessary that the next example in point of severity should be
made in the instance of some of those who appear before me. One of
you—you, Thomas Mears, otherwise Tyler, were not only engaged in
opposin.e the unfortunate man, your near relation, to the shot which de-
stroyed him, but after that deed you continued to accompany your
frantic leader during the day, encouraging him in all the violence which
you knew he was so capable of committing. With regard then to you,
Thomas Mears, it is perfectly clear that you cannot be permitted to
remain in this country, and that you must be made an example of. You
cannot be permitted to return to that society in which you have made
yourself so unfavourably known, to set an example of the continuance
of that course of life which had before made itself so extremely mis-
chievotis. The case of William Wills, also, has been mentioned to me,
and I am sorry to say from what cause out yesterday, and from what I
have observed in the depositions (though he might have been a respect-
able man previously to this transaction), he has indulged to a great ex-
tent in the bad feeling which has been excited by the revolt. I feel,
therefore, that in the case of Wills, particularly when it is remembered
that he was a man in a better situation of life than the others, it is im.
possible not to come to the same conclusion as that to which I have
alluded in Tyler's case. As to all the rest, their cases will be looked at
with reference to the facts in which they were respectively engaged, and
their sentences will be apportioned according to their several degrees
of guilt. But I think I ought not to conclude without observing that
many of those who took part in these transactions—l believe one-
half—have not been brought to trial ; not that their crimes could
not be easily proved, or that they were not deserving of severe
punishment, because it seemed proper to those who had the con•
duct of this prosecution not to carry the law into extreme effect, but
to make selections humanely, mercifully, and considerately, both for.
those persons who are to be made the victims of the law themselves
and for their families, who must severely suffer in the degree in which
punishment is inflicted on them. Let it not be supposed that it
is from any fear to carry the law into full effect, that this course
has been adopted ; but let it be assumed and known, that a vin-
dication of it having taken place by the dispersion of the rioters, it
has not been thought necessary to pursue further the remedies which
the law assigns, it has been deemed sufficient that those persons