The Sun.
London, England, 1860-02-15 00:00:00

GEORGE'S-IN-7'llE-EAST.

Yesterday Martin Mitcheson' foreman in the
employ of Messrs. Kirkaldy and Co., stlip-painters
and plumbers, in High-street, Wapping, surren-
dered with his hail before Mr. Yardley, at the
Thames Pulice-court, to answer two summonses
taken cut by Mr. King, a solicitor, for taking part
in the riot in the parish church of St. George's-in-
the-East, on the evening. of Sunday the sth inst.
The first summons charged the defendant that
he did wilfully and of purpose, molest, disturb, and
disquiet the Rev. Mr. Dove and the Rev. Mr.
Stuart, tho persons saying Divine Service in the
parish church of St. George's-in-the-East. The se-
cond summons charged the defendant that be did
wilfully and of pupose by open and overt words,
act, and deed, maliciously and contemptuously mo-
lest and disturb the Rev. George Lee, the preacher
duly authorised to preach in the parish church of
St. George's-in-the-East.
The proceedings were instituted under an old aet
of Parliament passed in the first year of the reign
of Queen Mary, cap. 3, and entitled " An act
against offending of Preachers and other Ministers
in the Church."

Mr. Wontner, solicitor, again conducted the pro-
secution on behalf of the Rev. Bryan King, the
rector of St. George, and the curates ; Mr. Cranch,
solicitor, of London-street, Foichureli-struet, ap-
peared for the defendant.
On the first hearing of the case evidence was
given by three men, named Cain, Wood, and Ver-
eon, that they were in the most elevated seat of the
north gallery, and saw the defendant in the second
pew of the same gallery below, them; that while
the lessons, prayers, and psalms were being read,
intoned and sung, the defendant was frequently
stamping his feet., knocking the side of the pew he
was in, and making other noises, and that while
the Rev. Mr. Lee was preaching the sermon he
shouted loudly and called out " No Popery, down
with the tPope." Other evidence was liven by
Mr. Ffinch, a solicitor, of the fearful nature of the
disturbance on the night of the sth inst.
On the case being called on, Mr. Cranch said
that, considering the terms of the act of Ist of May,
under which his client was summoned, he thought
the magistrate would not convict, unless it could he
conclusively shown that Mr. Mitcheson was the
man who was guilty of the offences charged in the
summonses. He was instructed the defendant was
not the person, and he thought he should be able
to prove that neither on the night of the sth, nor
on asy other occasion, had he misconducted him-
self in the Church, or caused any disturbance what-
ever.

Cain, Wood, and Verron, who were the witnesses
for the prosecution, were then recalled, but only
'Wood and Cain answered.

Each of them was subjected to a long examina-
tion.

Amelia Hopkinson, a very intelligent girl, about
18 years of age, said—My father is a tallowchandler
in Cannon-street•road, St. George. lam in the
habit of going to St. George's Cuurch. I was, on
the evening of Sunday week, in the south gallery,
right opposite to Mr. Illitcheson. I saw a man on
the right-hand side of him making a noise, with one
arm resting on the top of the gallery and the other
waving about. He called out., " What have you
done with your large cross ; take your altar down;"
and "No Popery." I am sure it was not Mr.
Mitcheson. I should know the man if I were to
see him again.
Cross-examined by Mr. Wontner—l go regularly
to the church ; it is my parish church. I don't
approve of the services, and my father don't ap-
prove of them. (Applause.) No true Protestant
can approve of the services and ceremonials in St.
George's Church. I am a true Protestant. (Laugh-
ter from the Pnseyites, and cries of " Hear, hear,"
from the opposite party.)
Mr. Wontner—Why do you go to St. George's
Church to hear services and witness ceremonials
which you cannot approve. _ _

-Witt-less (sharply)-L-Listen. Mr. Solicitor, and I
will 'explain. (Hear, hear.) I went along %I ith
Mr. Alford to the church to Fee that no true Pro-
testant was persecuted when there was no occasion
for it. It was every true Protestant's duty to do
that. (Hear, hear, and applause.) I know that
Mr. Mitcheson took no part in the disturbance
what ever.

Cain was recalled, and said he did not speak to
the churchwarden or point out the defendant to
him.

Mr. Thompson, the senior churchwarden, said
the defendant was certainly pointed out to him as
one who had been making a noi4e and shouting be-
fore the service. terminated. He spoke to the de-
fendant and asked for his name and address which
he readily gave him. He had not the least doubt
the defendant was the man who was pointed out to
him. He believed it was a friend of Mr. King, the
solicitor, informed him that the defendant had mis-
conducted himsel f.

Mr. George Williams, brass finisher, of Cannon-
street, St. George's, said,—l was in this court last
Saturday, and heard the evidence of the three wit-
nesses for the prosecution, and hoard them describe
where they were seated and where the defendant
was seated. People standing in the situation they
described could not seethe feet of people in the pew
below.
Mr. Joseph C. Clayton, public-house appraiser, of
Albany-house, Portland-street, Stepney, said,—l
was in St. George's Church on Sunday week in the
evening. I heard a disturbance in the north gal-
lery. A man was making a great deal of noise and
shouting and gesticulating. The Rev. Mr. Lee's
attention was called to him more particularly.
Cross-examined—The man continued making a
disturbance all the time the service was going on.
The Rev. Mr. Lee's attention was directed to him
very particularly indeed. I can't say who else
made a disturbance. The defendant was not the
man who was making a disturbance in the north
gallery, and to whom the clergyman's attention was
directed.

Mr. Yardley, at the conclusion of the evidence,
observed to Mr. Craneh that there was a great con-
flict of evidence which was not reconeileable.
Mr. Cranch—The defendant will undertake not
to go there again.
Mr. Yardley said, had there been evidence to
satisfy him, he would have put the Act in force ;
but he was not satisfied that the case was proved
by the witnesses, who, he believed, might have
been mistaken. The evidence of the young woman
who stated that she was a sincere Protestant
was strongly in favour of the defendant, that he
was not the person who caused the disturbance, and
it was not at the afterpart that she came forward.
When she saw Mr. Thompson speaking to the de-
fendant, it occurred to her that he (Mr. Thompson)
thought the defendant was the man who caused the
disturbance. That was a strong confirmation that
she was right, and tended to throw a much greater
doubt upon the identity. It was not at allimpro-
bable that the witnesses for the prosecution were
mistaken, and that amid the confusion they thought
the defendant was the man. The three young men
were not altogether clear in their evidence as to
the relative positions. There was one particular
fact, however, worthy of notice, and that was that
the young woman saw the defendant take off his
coat, which was not noticed by Cain, and which
circumstance had .great influence on his mind to
show that the defendant was not the man. Nor did
he observe what dress the defendant had on. He
thought it most favourable to the defendant that
Cain did not see him take off his coat. Another fact
was that she said she saw him put his hand up
he
his mouth. The defendant knew, best wheth/ )0e
was innocent or guilty. He hoped that he was
cent. He wished it to be known that, if 7 a c.oal..eidw,ehree
brought before him which was clearly
edpeir the Act
would punish that person summarily
of Parliament of Mary, as he had stated on on a former
occasion. He hoped that, thschaiging. the pri-
soner, this would not be colisulerdeedfetnlidealtlataubmepeahuosef
a party. Ire discharged the _
he was not satisfied with the evidence for the pro-
secution.
The decision was received with a murmur of ap-
plause, which was immediately suppressed by the
officers of the court. Many of the principal inhabi-
tant of St. George's gave utterance to feelings of
exultation on reaching the street, and a few were
heard to sly Bryan I:_ing and his subordinate clergy
and choristers should have no quiet in St. George's
Church until they gave up the Tractarian services
and ceremonials.