The Sun.
London, England, 1860-02-07 00:00:00

trim SUN, LONDON, TUESDAY EVENING, FEBRUARY 7, 1860.

'OLICE INTELLIGENCE—Feb. 6.

Detention, stating that the prisoner's illness
was not assumed, and that lie would in all likeli-
hood continue in the same state he was then in.

The gentleman attending for the society very
much regretted to hear this, but the object in pro.
secuting, the prisoner, it was obvious, had only been
for the joint protection of the association the name
of which the prisoner had been so injuriously using
and of the public.
The magistrate saw this in the same light; and,
in answer to a renewed appeal from the prisoner
for a merciful consideration of his offence, which
had resulted so miserably for him, told him that if
it had not been so distinctly proved that the afflic-
tion under which he was now labouring was an
actual suffering, without dissembling or exaggera-
tion on his part, he should have undoubtedly sent
him for trial, to be followed most probably by penal
servitude ; as it was, he should deal with him sum-
marily upon the one case to which he had pleaded
guilty, and for that he should send him to the
House of Correction for four months, but for im-
prisonment only, as hard labour in his position was
out of the question.

ST. GEORGE'S-IN-THE-EAST.

Yesterday the following persons were brough
before Mr. Yardley, at the Thames Police-court,
charged with being concerned in the disgraceful
riot which took place in the parish church of St.
George's-in-the-East on Sunday evening last :
Henry Wright, aged 15, of No. 30, Brunswick-
street, St. George's, and James Humphrys, 17, of
No. 20, Cannon-street, St. George's, charged with
disturbing the congregation assembled for Divine
worship •, Curston Cartjohn, 15, of 36, Buxton-
street, Mile-end Old-town, gold-beater, and Mary
Ann Draper, 40, of No. 21, Warner-street, Clerken-
well, charged with obstructing Mr. Thompson,
churchwarden of St. George's, in the performance
of his duty.
There was a large attendance of the vestrymen
and ratepayers of St. George's opposed to the
Tractarian innovations and ceremonials of the
rector and curate in attendance. The proceedings
were conducted with the greatest decorum, and
formed a striking contrast to the noisy and blas-
phemous proceedings of the rioters in the church
on the preceding night. The Rev. Bryan King,
his curates, and choristers were not in attendance,
and their absence prevented any of those hostile
demonstrations of feeling outside the court which
have happened on former occasions.
Mr. Howell, solicitor and vestry-clerk of St.
George's-in-the-East, conducted the prosecution,
and, after Cartjohn had been arraigned in the dock
alone, said there were four persons separately
charged with offences in St. George's church on
Sunday night, but it would be a great convenience
to all parties, and save a good deal of the valuable
time of the Court, if all the charges which arose out
of one disturbance were taken together.
Mr. Yardley—l see a number of charges from
St. George's church on the police-sheets. If you
can show the parties acted in concert, and went to
the sacred edifice for one common purpose, they can
be charged together. Let all the prisoners charged
with being concerned in the riots in St. George's
church last night be put into the dock.
The prisoners having answered to their names
Mr. Howell said the charges arose out of a dis-
turbance in St. George's church on Sunday night.
The service was a choral one, and unpopular with
the parishioners. The unhappy state of things in
the parish of St. George had been before the magi-
strates of the Thames Police-court so many times
that he had no occasion to dilate upon them, or to
trace the origin and cause of the disturbances. Ho
should therefore call the senior churchwarden, who
would give a fair statement of facts. On Sunday
evening there was a tremendous disturbance in the
church ; it was, indeed, fearful, and lasted during
the whole time of Divine service. The church was
crowded to excess, and the services and ceremonials
were interrupted by yells, hootings, hisses, the
singing of snatches of songs, and noises of every
kind from all parts of the sacred edifice.
Mr. Yardley—Snatches of songs!
Mr. Howell—Yes, Sir ; and catcalls, 'whistling,
and uproar of every description: The churchwar-
den's attention was particularly directed to the gal-
leries, where a number of boys were slamming
doors, kicking the seats and benches, and making
other noises. The churchwarden told them to be
quiet. They would not. At last the churchwarden
found it necessary to call in the police, and the
church was cleared of the rioters. The prisoners,
with one exception, were all young persons, and,
no doubt, had been the dupes of designing persons
who had escaped.
Mr. Yardley—ln what shape, Mr. Howell, do
you present your charge ?
Mr. Howell—For interrupting Divine service.
Mr. Yardley said, when the solicitor talked about
designing persons, there must be a design. If there
was a design or concert to interrupt Divine service,
he did not sec why all the parties should not be in-
, di...tad for a oon.piraey.
Mr. Howell said there was no doubt the rioters
who went to the church had one common design—
to prevent the celebration of Divine service.
Mr. Yardley—lf there has been a design, you
have scarcely been happy in selecting the objects of
your prosecution.
Mr. Howell—We are very unfortunate. We
cannot get at the worst offenders—the adults who
have got up these fearful riots.
Mr. Yardley said it would be mere affectation to
pretend not to know that the disturbances in the
church of St. George's-in-the-East bad been going
on for some time, and were getting from bad to
worse. Every means, therefore, should be adopted
to put a stop to them. If there were persons whose:
precepts and advice had led younger and more igno-
rant individuals to take part in such highly dis-
graceful scenes, the designers ought to be put upon
their trial on a charge of conspiracy.
Mr. Howell— If we could discover them we would
certainly do that.
Mr. Yardley must say, from the opening of the
vestry-clerk, every person taking part in the alleged
disturbances on Sunday night could be indicted for
a riot or disorderly assemblage. It would be pre-
mature for him to say what he would do until a
orinia facie case was made out; but, from the open-
ing of the solicitor, it was a question whether the
persons sould not be proceeded against by indict-
ment for a riot and tumultuous assemblage. He
would see what the law was.
Mr. Howell said there was the Act of Queen
Mary against disturbances in a church, or disquiet-
ing which was a highly penal one,
a
offenders to severe punishment.
Mr. Yardley—Yes, and there is another Act of
ga tion,
William and. Mary ; but if the offenders were nd a
subjected cong e r
in-
dicted for a riot they could be still more severely
dealt with.
Mr. Yardley then read the definition of a riot from
" Russell on Crimes and. Misdemeanours," vol. i.,
page 350
"A riot is described to be a tumultuous disturbance of
the peace by three persons or more assembling together of
their own authority, with an intent mutually to assist one
another against any who shall oppose them in the execution
of some enterprise of a private nature, and afterwards
actually executing the same in a violent and turbulent
manner, to the terror of the people, whether the act were of
itself lawful or unlawful."
And the law was, that if any person encouraged,
promoted, or took part in riots, whether by words,
signs, or gestures, he was himself a rioter, for in
i that case all were principals. It was requisite that
the people should know what the law was.
Mr. Howell—lt is the earnest desire of the church-
warden that you should state what the law sir.
Mr. Yardley—l have done so very often indeed,
end with very little effect. I almost despair of
doing any good. if the parties are proceeded
against for riot they can be more severely punished
than they can be under the Act of Queen Mary, or
Philip and Mary, which certainly gives me very
extensive summary powers.
Mr. Howell believed the boys in the dock were
misled by others.
Mr. Yardley—The question is whether they were
together with a preconcerted design in a place of
public worship. If they disturbed the congrega-
tion in such a manner as to create a terror they
could be indicted, and if found guilty would be
subjected to a long term of imprisonment.
Mr. Howell--I will not say there was a precon-
certed design among these prisoners living in dif-
ferent parts of the town.
Mr. Yardley—You are not happy at all in your
selection of offenders.
Mr. W. J. Thompson, senior churchwarden of
the parish of St. George-in-the-East, was then
sworn. He said—l was present at the church last
night. There was a very great disturbance—sing-
ing whistrn; eat-calling, hissing and other un-
seemly demonstrations, It was a most disgraceful
noise. My attention was called to boys in one of
the galleries. I was told they had fireworks. I
tooka boy out who was conducting himself impro-
perly. I was interrupted by Cartjohn, who stood
before the other boy, and put difficulties in my
way. Ile said, " That boy has done nothing ; let
him go." I pulled Cartjohn out of the church, and
gavehim into custody. Car tjohn was in the south
gallery. Wright was in the north gallery. My at-
tention was c tiled to the singing of " Rule, 136
tannia" during the sermon. I went to the north
gallery and saw Wright kicking the seat and mak-
ing a noise. I told him to come out, and he would
not. Mrs. Draper then called out, "He has done
nothing." I sent for the police, and said I would
not allow such unseemly noises. I don't know
whether they knew I was churchwarden. There
was a good deal of noise in
the centre of the gal-
lery, and boys w were standing upon the seats. Hum-