The Sun.
London, England, 1832-01-04 00:00:00

THE BRISTOL RIOTS.

SPECIAL COMMISSION.
BRISTOL, TUESDAY.

A little after eight o'clock this morning a van, con-
veying sonse prisoners, again whom bills were found
last night by the Grand Jury, approached the Court-
house. It was escorted by a numerous mounted
guard—not of soldiers, as there is not the least ap-
pearance of military force in this city, but, as I un-
derstand—of pensioners resident there, who have
been sworn as special constables, and form an appa-
rently very efficient patrol.
It was known last night that the first bills cent up
to the Grand Jury were those against William
Clanie and seven or eight others, who were ac-
counted the ringleaders in the demolition and burn-
ing of the gaol, and a strong interest in consequence
prevailed, as well from the well-known character of
the man (a prize-fighter by profession) as from re-
ports that 700 or 800 of his fellow parishioners of
Bedminster had determined to attem?t his rescue.
There was not, however, the slightest appearance of
tumult or disturbance,nor even any of that pressing
eagerness to catch a view of the prisoners which is
frequently so annoying to those who have them in
their custody.
At nine o'clock the Learned Judges, accompanied
by the Duke of Btaufort, took their seats on the
bench.

The gentlemen of the bar very speedily followed
amongst whom we noticed the Attorney-General,
Mr. Serjeant Wilde, Messrs. Wightman, Follett,
Coleridge, Palmer, Ball, &c.
The Grand Jury then came into Ceurt, when
the Foreman on their part requested a copy of the
Lord Chief Justice's charge in order to have it
printed. His Lordship complied with their request.
Immediately after they handed in true hills against
Thomas Evans Bendall and .lames Sims, for
arson (firing the Bishop's Palace;) and for felony,
via.—pulling down and destroying the same. They
also handed in true bills against Wm. Clarke before-
mentioned, and five others.

TRIAL OF CLARICE AND HIS ACCOMPLICES.
Wm. Clarke, Patrick Kearney, James Williams,
Daniel Higgs, James Courtrnsy, and John Mecay,
were then placed at the bar. They stood indicted
for that they in that part of the parish of Bedmin-
ster, within the city and county of Bristol, %%ith

others, riotously and tumultuously assembled and
pulled down and destroyed a house, the property of
his Majesty. Other counts in the indictment laid
it as the property of the Corporation of Bristol, of
the citizens, of the commissioners for building the

gaol, and of the Governor.
Having severally pleaded " Not Guilty," they
were again arraigned upon the indictment for having
bunted down the same gaol ; to which also they it
a firm tone put in their plea of "Not Guilty."
As the Jury were about to be sworn, the AT-
TORNEY. GENERAL suggested that if any one of the
gentlemen whose names had been called had suf-
fered by the late riots, it would be more advisable
for him not to serve as a Juror.

The CHIEF JUSTICE observed, that the better
course for any individual who had suffered would be
to withdrew from the Jury-box,
The Jury were then sworn, and the prisoner give',
in charge to them.
The ATTORNEY-GENERAL then proceeded to state
the case for the prosecution. It would appear from
the evidence to be laid before the Jury, that the pri-
soners now at the bar took an active part in the die.

turbances that had taken place in that city, in tilt
course of Sunday, the 30th of October last. IL-
should avoid, as he had already said, all reference to
the previous transactions on the 29th of that month,
as he could not bring any of them home to the pri-
soners, and, indeed, he had no reason to suppose that
they were connected with them. The charge now
against the prisoners was framed on the words 01
the Act of the 7th George IV., which contained
almost in precise words the terms of the Riot Act,
passed in the Ist George 1., " that if any person,
shall riotously !sad tumultuously assemble together,

and begin to pull down any house, &c., every StICI)
offender shall be a felon, without benefit of clergy."
They would observe that, under this Act of Parlia-
ment, persons tumultuously assembling together for
toe purpose of destroying any house, were guilty of
a felony ; and with regard to the individuals nosy
before them, he was sure that when they heard the
evidence, they would arrive at the conclusion that
the prisoners came under that description. In the
first place, it would be proved that they were
riotously and tumultuously assembled together,
to the disturbance of the public peace,—tha+
they were parading the town about noon on Sunday

_ .
the 30th of October, in the most riotous and
disorderly manner,---that after destroying the Bride-
...

well by fire, they proceeded to the public gaol, and
whether for the purpose of liberating the person,
there confined, or whether with a view to the
general destruction of property, he was unable to
determine, but it would be proved that they broke
into the gaol, and set fire to several parts of it. Ii
would be proved that Clarke, the first person named
in the indictment, was seen with a crow-bar on his
shoulder actively engaged in acts of violence and
outrage at the head of the party that attacked the
gaol, which was a strong building, and the gates 0!
which required considerable force to break them
down. They did resist for some time all the corn-
bined efforts of the mob. At length, however, an
entrance was effected by making a small hole
through one of the gates, through which some of
the rioters made good their way, and then suc-
ceeded in wrenching them from their hinges. It
would be proved that the prisoner, Wm. Clarke,
was seen with a sledge-hammer battering the gate,
for the purpose of making that entry, and using the
most violent language at the head of the mob, whu
finally succeeded in making good their way into the
interior of the prison, where they proceeded,
amongst other acts of outrage, to the destruction of
the Governor's house, which was in a short time re-
duced to that heap of ruins that it now was. These
acts would be satisfactorily proved ; and it would be
also proved that the other prisoners criminally
participated in those acts of outrage. To esta-
blish still more clearly the guilt of the prisoner
Clarke, it would be proved that he was afterwards
seen with the keys of the prison in his hand, going
about in one of the public-houses in this town,
boasting of what he had doge,—talking of the keys
of the Hen and Chickens, or some expression to
that effect, and still indulging in the most violent
and inflammatory language. He believed that this
prisoner was rather of a superior caste, and one from
whom such conduct was not to have been expected.
Ho stated himself to be a Dorsetshire man, and it
appeared that he had for some time been himself
proprietor of a public-house. It was to be the more
lamented that an individual thus raised above the
common crowd should have demeaned himself in
so disgraceful and criminal a manner. He would
be found from first to last as acting as leader of the
mob, inciting them to acts of violence and outrage,
and doing all the mischief it was in his power to
effect. With regard to all the other prisoners, he
did not believe that they would be affected by evi-
dence of the same strong description; but he be-
lieved there was no one of them who would not be
clearly proved to have taken an active part in the
late disgraceful riots. It was not necessary for him
to prove, with regard to every one of those indivi-
duals, that they had been guilty of the direct em-
ployment of force by their own hand:. It would
be enough for him to show that they were wilfully
present, countenancing and encouraging by their
presence the acts of outrage which were committed.
If they had never lifted an instrument or uttered a
sound, their mere presence swelling the dangerous
force from which the commission of such crimes
resulted, rendered them as much guilty of a partici-
pation in them, as if they were amongst the most pro-
minent actors. It was of the highest importance that
it should be known, and he was glad to find that
the statement did not rest upon his authority, but
that it had been already yesterday laid down by one
of the highest judicial authorities of the country in
that city, and that it would be promulgated through-

Yuan

out the kingdom,—that the law of England, with
that jealous anxiety for the preservation of public
peace, and of the lives and properties of the King's
subjects, not only providbd that the active leaders in
riot and mischief are to be punished, but that those
who by their presence add to, and encouregs, such
criminal proceedings, participated fully in their guilt,
and were equally liable to the same punishment. He
believed that in the course of the preen inquiry, it
would not be necessary to resort to that particular
1 principle of the laws of the land ; because, without
troubling the Jury with a detailed statement, he be-
lieved he should be borne out by the evidence in
stating, that there was no one of the prisoners who
would not be proved to have taken an active part in
the late disturbances. If, however, through any
accidental failure in 'fiat part of the evidence, there
might be some of the prisoners to whom particular
acts of outrage could not be brought home, he would
then have to call upon the Jury to consider whether
sufficient evidence was not produced to show, whe-
ther by their presence they were not criminally con-
nected with those proceedings, and applying to them
the principle of British laws he had just referred to,
whether they were not guilty of the charge in the indict-
ment. Such was the general statement of the evi-
dence that he had to lay before then). The simple
fact they had to try was, in the terms of the Act of
Parliament, whether a tumultuous mob had been
assembled—whether they had engaged ih the at-
tempt to destroy the public gaol—whether the pri•
Boner Clarke W t'A not one of the leaders on that
occasion—and whether the other prisoners, by their
wilful presence, had not participated in the offences
that had been committed,
William S rattota examined—ls taskmaster in the
geol. Was there on the 30th of October last. The
gaol is in the New-cut in the city of Bristol, and
near the river's side. About a quarter-past two
o'clock on that day he heard a great noise in the di-
rection of Prince's-street. There was shortly after
a great knocking at the prison-gate. The previous
noise was caused by the cheering of the people.
Witness was at the time inside the gates, in the
open space 'between the outer wall and the
Governor's house. Between the outer wall and
Ilse Governor's house there is an iron gate. There
is a lodge attached to the outer gate, and the rooms
of it go over it. He first heard the knocking at the
outer gate. There was also a small side door through
the lower room of the lodge, by which persons could
enter the yard of the prison. It was at the great gates
he heard the knocking. It was extremely loud, and ap-
peared to be caused by large hammers. It con-
tinued about three-quarters of an hour before
the rioters made an entrance. Witness, while
it was going on, went on the top of the lodge,
From whence he saw the persons assembled.
He thinks that at the time there were about
10,000 or 12,000 persons round the prison. The
outer gates of the prison are about 20 yards from
the hank of the river. The crowd was on both
sides of the river. While the men were hammering
at the gates, if a splinter was broken, it was thrown
amongst the people, and was received with cheers.
The gates were struck with sledge-hammers and
wedges. Stones were thrown at witness while on
the top of the lodge, which compelled him to retreat
from that position. In about three-quarters of an
hour the rioters made a hole in one of the great
gates sufficiently large to admit one man, and one
man did come in. Witness, standing inside the
second iron gate, the bars of which were three or
four inches apart, called to the man, and asked him
what was his business. He was at the time making
an entrance through the hole in the door. Has
never seen him since. Witness saw five or six men
come in a moment or two afterwards. He did not
see either of the prisoners on that occasion. He saw
the prisoner Courtney afterwards inside the prison,
assisting, with several others, to drive the prison van
into the river. The five persons who came in
through the hole, wrenched the bars of the gates,
and forced them open. Then there was a general
rush of the crowd into the prison. About 300 or
1400 rushed in. The bars with which the rioters
forced the gates looked like bars taken from a rail-
ing. The persons who rushed in made their way
then through the inside iron gates to the Governor's
house and the interior of the prison. The Go-
vernor's house was in an open space in the interior
of the prison. The rioters entered the prison about
twenty abreast, and went to the places where the
prisoners were confined. There are several yards
for the prisoners to walk in. There were about 170
persons confined in the prison at the time. They
were all let out, and not one was left in the prison.
There were iron fences between the different yards,
and the Crown prisoners were locked up in the day-
room. Unless the doors were forced, the prisoners
could not have got out. When the prisoners were
let out, he saw the crowd driving the van out, and
Courtney was one of those doing so. The tread-
mill part of the gaol, the Governor's house, and se-
veral other parts of the prison were then set fire to;
that was about four o'clock. The crowd remained
in the prison till there was a cry that " the soldiers
were coming." That was near four o'clock. Wit-
ness and another turnkey endeavoured to shut the
iron gates through which the mob was attempting
to get away when that cry was raised. Witness
succeeded in doing so, but the rioters forced the
gates open again, when the soldiers went away.
When the soldiers came up one of them
,howed himself at the gate, and then went away.
When the cry was raised that the soldiers were
coming, the rioters began to run away as fast as
they could out of the gaol, until the witness and
one of the turnkeys shut the gates on them. The
soldiers did not remain half a moment. The soldier
who showed himself at the gate at once turned
round his horse, and went away again. After the
soldiers retreated there was a general rush from the
rioters, and they came in again into the gaol. There
had been no fire then. The first part of the
gaol that he saw on fire was a room in the Gover-
, not's house over the office. There was a great num-
ber of the rioters in the house at the time. He saw
one of them looking with a spy-glass out of one of
the windows. He saw the others of them breaking
up the furniture, and throwing them along with
blankets, sheets, &c. into the river. Witness went
out of the gaol, and then saw that the tread-mill
was on fire. It is behind one of the yards, and is
about forty yards from the Governor's house. It
was a separate fire. When witness quitted the
prison there were about 300 there, and there was a
great number of persons outside. Witness, while
walking down to Wood's Hotel, about fifty or sixty
yards from the prison door, met the prisoner Clarke
coming up. He had an iron bar on his shoulder,
and there were several boys and men walking after
him. He saw him go into the prison, accompanied
by several others. This was a few minutes after
four o'clock, and nearly two hours from the first
arrival of the rioters at the prison. The Governor's
house was burned to the ground, and so was the
tread-mill. The hammering and the huzzaing con-
tinued the whole time the witness remained at the
gaol, which was up to about four o'clock. The bar
which Clarke had on his shoulder was a square rail,
and it was bent at the end, apparently from having
been used. It was about two inches thick. It was
such a rail as is to be found before houses in the
street. He only saw the prisoner Courtney, as he
already stated, in the prison, and he met Clarke
coming up to it. He does not know any of the
other prisoners.
Cross-examined—He calculated the time the
crowd came, and the period it remained, by his
watch. When on the top of the lodge, he could see
the persons who were at the gates of the prison.
He did not know the persons of any of the pri-
soners before that time, with the exception of Clarke.
He should have known the prisoners if he had seen
them at work at the gates. He could not say that
they were not there, as there was a great number of
persons there. Courtney was the only prisoner he
saw within the prison. When witness met Clarke,
he was coming from Bristol in the direction of
Prince's-bridge. At that time the prison was on
fire. Witness did not return to the prison till next
morning. Clarke did not appear to be intoxicated
at the time he met him. He walked steadily. He