The Sun.
London, England, 1822-04-08 00:00:00

ASSIZE INTELLIGENCE.

—ememe--
SURREY LENT ASSIZES, JINGSTpN, eleteeeS. 6.
the buliness'on the CrOwn side finished this day. The only
capital convicts left for execution were Philip Caton, alias John
Pnith, for robbing Mr. Mason, of Newington, and John Dukon,
for an atrocious Offence upon an infant.
CROWN SIDE.
RIOT.—THE LATE QUEEN.
THE KING V. DAVIS AND OTHERS.
This was an indictment against six persons two Davis's,two
Mays', Slaughter, and White, for a riot at eamberwell, on the
20th of November last. The prosecution was conducted at the
instance of-Mr. Lilly, an attorney, residing at Camberwell.
It appeared in evidence, that Mr. Lilly had been employed
professionally by a Mr. Stevens to sue the hundred for a com-
pensation in damages for an injury done to his house by an al-
leged riotous assembly, which broke his windows for not illu-
minating in honour of her late ,Majesty. On the 20th of
November,-1820, the day on which the Bill of Pains and
Penalties was given up in the House of Lords, the inhabitants
of Camberwell manifested an intention of expressing their sense
of that event by a general illumination. Apprehensions being
entertained by certain individuals that some disturbances
would probably take place, they took the precaution of sending
to the Union-hall police-office for two constables. Two officers,
named Barret and Pearse, were accordingly sent down to
Camberwell for the purpose of preserving the, peace. It ap-
peared that the prosecutor, Mr. Lilly, had been the object of
popular indignation from his supposed hostility to the cause
of the Queen, on account of the action he had brought, and for
a certain offensive pamphlet attributed to him. Accordingly,
about eight o'clock in the evening, an effigy of Mr. Lilly was
paraded about the village in great triumph. Mr. Lilly being a
native of Wales, the figure was adorned with the insignia worn
on St. David's day by the votaries of that ancient Saint. The
effigy was apparelled in a black coat, to designate the gravity of
Mr. profession; a roll of parchment was placed under
its arm, and a full grown leek crested a most capacious cocked
bat, with which the head was covered. The figure was placed
in a cart, drawn by a donkey, and thus drawn to Peckham-rye,
where Mr. Lilly resides, to the great entertainment of a vast
concourse of people, drawn together to witness the fun. It stop-
ped opposite the door of the prosecutor, and the air resounded
with the shouts and buzzes of the populace. The officers,Bar-
rett and Pearce, now thought it their duty to interfere, and
put a stop to these offensive proceedings. The defendant, Wil-
liam Davis, who seemed to have the conduct of the ceremonies,
resisted an attempt to seize the effigy, and said it was his pro-
perty, and added, that he thought there was no harm in burn-
ing a Welch lawyer. The body guard of the effigy being too
strong for attack, the cart continued to be paraded about the
village. At length the effigy was taken out, armed to a vole,
and again carried in front of Mr. Lilly's house. The officers
there interposed again ; a scuffle ensued—the officer Pearce was
wounded in the cheek, Barrett was also struck, and a young
man named Devine, a clerk of the prosecutor, who was employed
in taking the names of the ringleaders, by the directions of his
master, experienced similar treatment. At length peace was
restored, and the donkey suffered to retire to his common in
quietness. All the defendants were sworn to as principal actors
in the alleged riot. The indictment contained no counts either
for the eesaults upon the persons above-mentioned, or for the
libel upon Mr. Lilly in the exhibition of the effigy.
For the defence several witnesses were called. Two were
parish constables, and the rest respectable inhabitants of the
village. They deposed, that the defendants, and all the per-
sons assembled on the occasion, behaved with the most perfect
good humour and in the most peaceable manner, until the
Union Hall officers interfered. No disturbance would have
taken place but for such interposition. They stated that both
the officers were drunk, and behaved in a very improper man-
ner. No act of violence had previously been committed—no
disturbance of the public peace, and nothing to excite terror
and alarm in the neighbourhood. The greater part of the as-
sembled crowd consisted of old women and children, and in the
judgment of the witnesses, the police-officers were the only
persons to blame_
Mr. NOLAN was heard in reply.
Mr. Baron Wool) charged the Jury, that the mere assem-
blage of two or three hundred people would not constitute a
riot ; for if so, persons assembled atA horse-race or a bull-bait
might be liable to punishment as rioters. If an assemblage of
people, however numerous, 'conducted itself peaceably and
orderly, it is not a riot. It must be shown that the people as-
sembled for the purpose of breaking the King's peace, and that
their conduct was such as to endanger the public peace, and
to carry terror, dismay, and affrightment (as the indictment ex-
pressed it) into the surrounding neighbourhood. If the Jury
should be of opinion that the defendants had assembled for the
purpose of breaking the public peace, by carrying about the
effigy, and had conducted themselves so as to occasion great
danger, terror, and dismay in the neighbourhood, then they
would be guilty of a riot; but otherwise the indictment must
The Jury immediately found the defendants Not Guilty,
CIVIL SIDE.
BODY SNATCHING.—THE XING V. CU'NDICK.
This was an Indictment against the defendant, undertaker to
the Horsemonger-lane gaol, for a misdemeanour, in corruptly
selling for disaection the body of a capital convict, after he had
been executed, contrary to his duty, in violation of public
decency, and the scandal of religion. There were various
counts in the indictment, charging the offence in different ways.
The defendant pleaded Not Guilty.
The case excited considerable interest, as well for its unpre-
cedented novelty, as the singularity of its circumstances. It
was a public prosecution at the instance of the magistracy of
the county.
It appeared in evidence that a capital convict, named Ed-
ward Lee, who had been tried and found guilty at the last
Croydon Assizes of a highway robbery, was publicly executed
at Horsemonger.larte gaol on Monday, the 10th of Sept. After
he was cut down, be *as delivered over to the defendant, the
appointed earpeAter and undertaker of the gaol, for interment
at the county exposits& ter which lie was allowed three guineas.
Lie received paAattlar directions that the mother and other
friends of the deceased were to be permitted to see the body
before interment, and follow it to the grave, if they thought
proper. The friends of the deceased called on the defendant,
who lives in Redcross-street, to know when the funeral would
take place. He appointed the following day, Tuesday, the
11th of September. The unhappy mother of the deceased,
being confined to her bed, was unable to attend the fune-
ral, but sent a friend to the house of the defendant to see
the body, and cut a lock of its hair. Application being
made to the defendant for this purpose, lie said he had al-
ready buried the body, because he could not keep such people
any longer in his house. The friend demanded a certificate of
the funeral, which he promised to procure on a subsequent day
upon paying a fee. On the Thursday following, the uncle
of the deceased called for a certificate of the burial, but
could not get it, the defendant then saying that the body had
been buried the day before. The friends then became clamor-
ous, and complaint being made to Mr. Walter, the gailer,he sent
repeatedly for the defendant to come to the gaol, and explain
his conduct, but he declined coming. At length one of the turn-
keys was sent after him on the Friday, with positive directions
to bring him forthwith. As soon as the defendant found that
he was compelled to go to Mr. Walter, he made an excuse that
he had some immediate business to attend to, but would
meet the messenger in an hour at a neighbouring public-
house. To this the turnkey consented, but watched the de-
fendant to his house, where he saw two or three suspicious-
looking men lurking about. After waiting for some time, the
defendant came to him, and expressed his surprise that he was
-not gone to the publie.house. The defendant appeared agi-
tated, and went off as hard as he could towards the South-
wark iron-bridge. A person named Crisp, who was with the
turnkey, went one way after the defendant, and the turnkey
another. The latter went to Crawford's burial-ground, where lie
saw the same suspicious-looking men whom he observed about the
defendant's house, in the act of interring a coffin. He imme-
diately interposed, and said the coffin should not be buried un-
til he examined its contents. At this moment the defendant
came into the burying-ground, and seemed angry at the in-
terruption, and begged lie might be allowed to inter the body,
which he acknowledged was Edward Lee, and excused himself
for not burying it before, by saying that the pressure of other
business prevented him. 'Elie turnkey remonstrated with him
for disobedience of the orders he had received to permit the
friends of the deceased to see the body and attend the fune-
ral. The defendant seemed greatly perplexed ; at length
he took hold of Crisp and the turnkey by the sleeve, and with
considerable agitation offered them 101. each to permit him to
bury the coffin and say no more about the matter. This was
'peremptorily refused. The turnkey insisted upon opening the
coffin, and whilst the defendant went to explain his conduct to
Mr. Walter, he did open it, and found that it contained no-
thing . but earth. It appeared that the defendant had been
applying to sexton in the course of the week for a certi-
ficate of the burial, but was unable to succeed, the body not
having been buried. 'Search was then inetle for the body, and
at length it was traced to Mr. Brookes's dissecting-rooms, in
Blenheim-street, Marlborough-street, where it had undergone a
partial dissection. The upper part of the skull had been re-
moved, but replaced. Several persons identified the body as
that of Edward Lee. It was proved that about ten o'clock in
the evening of Tuesday, the I lth of September, a hackney-
coach had stopped at the defendant's house, and the tlefendant
,was seen assisting two men in lifting a large hamper into the
carriage, which then drove off. This was the substance of the
ease for the prosecution.
No witnesses to facts were called for -the defendant; but se-
' veral perions gave him a good character for honesty and in-
ditstrye
The Jery immediately found the defendant Guilty.