The Sun.
London, England, 1850-04-15 00:00:00

NEW COURT.

William Battersby, 21, Thomas Hart, 28, James
Purcell, 29, marine, Henry Taylor, 18, Matthew
Cowdy, 26, William lemon, 22, James O'Brien, 20,
Samuel Robinson, 25, William Jamieson, 21, Evan
Evans, 19, John NVall, 24, Thomas Hart, 28, James
Purcell, 29, John Martin, 21, Kennedy Wilkinson,
22, Edwin Griffin, 21, William Wedd, 20, and Henry
Tapping, 21, were jointly indicted for riot and
assault.

The prisoners all pleaded not guilty.
Mr. Ballantine and Mr. Parry said they appeared
for several of the defendants.

The RECORDER said he had looked over the depo-
sitions, and did not see that any one was seriously
injured, and wanted to know how many police, show-
men, and show-tumblers bad taken part in the affair?
Mr. BALLANTINE and Mr. PARRY said that in point
of fact the soldiers were the only parties injured,
and were taken by the police in consequence of the
injuries they exhibited at the time, and which was
sought to be made evidence of their having taken part
in the riot.
Mr. PAYNE said that was not a fact.

Mr. BALLANTINE said he had been given to under-
stand that the clown had made some illusion to the
soldiers that was offensive to them as a body, and that
he had spat upon the hat of one of them.
Mr. PARRY said it was just the trick a clown
would do.
Mr. PAYNE said that when the riot commenced the
clown was attending to his duties acting in the inside
of the booth.

Mr. BALLANTINE---My Learned Friend is making
a statement quite in error, and exhibits an entire
ignorance in these matters, as we well know that at
booths all the acting is on the outside.—(Laughter.)
Mr. PAYNE said that he bowed with submission to
Mr. Ballantine's remarks, as he felt that be had a
knowledge of such matters far exceeding him.
The RECORDER—CIowns generally say more than
is set down for them. Ido not see that any persons
injured, or that the Police Commissioners, have thought
fit to take any part in the prosecution.
Mr. PAYNE said that Mr. Lee had been made the
prosecutor, but that he had not the least vindictive-
ness in the matter. Besides being proprietor of the
show, he was manager of one of our London theatres.
The RECORDER—And would sooner see all the
defendants in his theatre, than where they are.—
(Laughter.) Is it necessary that any evidence should
be offered ?

Mr. PAYNE—It is impossible that the case can
finish like this.
The RECORDER, having learnt that they had been
in prison for ten days, said he thought that was
enough, and as much as they would get if convicted
—not that he considered the gentleman to whom the
show belonged was at all to blame.
Mr. Nelson Lee said he had most unwillingly been
brought forward,
although he would not admit that
any blame was attributable to his clown; and also
begged to state that he had been a considerable loser
by the injury done to his show, still he had no wish to
press the charge.
Mr. BALLANTINE said that Mr. Lee had acted
most kindly throughout the whole affair.
The RECORDER said he had looked over the deposi-
tions, but could not find out how the affray first
began.
Mr. Nelson Lee was then sworn, and said that the
first he saw of the matter was a soldier drive the hat
over the eyes of a civilian, who remonstrated, and
then some one struck him, and a general fight fol-
lowed ; and he, thinking that by getting the person
into his booth they might have got him out another
way, and so end the quarrel : the soldiers then got
up the step and heat every one; and, having cleared
the place, commenced breaking the lamps, and con-
tinued
their violence until overpowered by the civi-
lians and police. lie did not know if the man who
was bonneted had given any offence to the soldier.
Several other vvitnessos deposed to individual acts
of violence on the part of the soldiers, and identified
Lemon, Griffin, Evans, O'Brien, and Jamieson as
having committed actual assaults, and added, that fur
the three days the soldiers had gone in a body through
the fair assaulting everybody.
Toe Itecoanea again said that the prosecutor had
behaved with much forbearance ; and that conduct
such as that deposed to could not be tolerated.
Mr. BALLANTINE and Mr. PARRY said that those
who had been pointed out should plead guilty ; fur
though there had been a mutual aggravation he could
not, es a lawyer, justify their conduct.
Alr. Lee said that whether he was recompensed or
not, he had no feelings of a vindictive nature, and
should leave the matter in the hands of the Court.
A. verdict of Guilty was then taken against the
five identified, and an Acquittal on the part of the
others.
The RECORDER, in addressing them, said they had
made some atonement by pleading guilty, and he was
ready to suppose they had not any original purpose
in view when they commenced the riot, which !eight
be viewed more as an act of indiscretion than other-
wise, but going out as they did in a body, their
presence was enough to create terror, and they
must learn to put more restrait on their feelings. He
was glad to find that their conduct in gaol had been
good. Mr. Lee had been a sufferer by the quarrel,
and he did hope that, after the spirit of forbearance
he had evinced throughout the whole prosecution, that
he would not be permitted to be the loser in the
affair. Ile should bind each of the defendants over
to keep the peace for twelve months, a sentence
which would not cast stain on them as soldiers ; and
he hoped that for the future this would serve as a
lesson for them to act with more temperance and dis-
cretion.