The Sun.
London, England, 1819-07-08 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JULY 7.

WESTMINSTER ELECTION RIOTS.

JFWELL V. BI4.LSH VvV AND ANOTHEII.

Mr. FaseteASSE opened the pleadings. The de-
claration set forth, that, on the 3d of March,
1819, a number of persons riotously and tumaltii-
oifsly assembled in the parish of St. Paul's,
Cesent-garden. and, being so assembled together,
assailed the house of the 'delltiff, which they in-
jured and demaged, by throwing stones at the
eciudows, doors, &c. The action was brought
nesiost the defendants as inhabitants of the Inn-
tired' Ossulstoo, in which the city of Westmin-
ster is situated, to recover compensation in
damages for the injury sustained. The defen-
dants pleaded that they were not liable.
Mr. SC AIM LTT stated, that the present action
was brought under the statute of ehess7th of his
:Majesty, which was passed for the purpose of
rendering more effectual several former statutes,
by which the inhabitants of every hundred, where
any riotous or tumultuous assemblage of persons
proceeded to commit acts of violence, and da-
maged the property of any individual, were made
liable for the injury so sustained from their ille-
gal conduct. The principle of the law was as
ancient as the time of Allred, and had, at later
periods, found its way into different Acts of Par-
liament, but it was only .necessary for him to
trouble the Jury with the later statutes.- By the
57th of Geo. 111 cap. 19, it was enacted, that,
" in any case where any houses, shops, or build-
ings whatsover, or any part thereof, shall be de-
,etroyed, or in any manner damaged or injored, or
any furniture, goods, or commodities therein,
be injured, destroyed, damaged or taken away, .
any riotous or tumnltutais assemblage of per-
sons, the inhabitants of the city, town, or if within
. any hundred, the inhabitants of the same shall be
liable to the payment of damages for such injury;
and the same may be demanded, sued for, and re-
covered, in the mode pointed out by the statute of
George I. enacted for the prevention of riotous
and tumultuous assemblies." Having stated the
laW on the Subject, the Learned Counsel next
proccedsd to detail the filets of the case. The
-Hundred of Ossulston, it Wes proper to observe,
cony prised City of Westminster; and, in the
nieuth of March last, an election for a Member
to represent that city in Padiament took place,
in coosequence of the death of Sir S.
that election the Hon. George Lamb and Mr.
tlobbouse were the candidates. The populace
took -an active part in favour of the letter—and,
svhen they found that he was tiot likely
to succeed, they had recourse to acts of eioe
lence. He said the populace of Westminster p
for it could not be supposed that any of the
respectable inhabitants of Westminster would
countenance. tumult and violence,- The^ mUb,
having no property themselves, were, in general,
very indifferent as to the mischief which they ditl
to the property of others. The respectable inha-
bitents could not he identified with those riotous
acts, for, whatever might be their politics, he
svlas sure they would conduct _themselves peace-
ably, The 'rabble, who !night at -any time be
hired for half-a-crown a .pearl, enraged that the
popular candidate had .bcen thrown out, deter-
mite el to avenge themselves on the friends of the
other party. It was customary for the successful
candidate to be chaired, which ceremony was
usually performed in WeEminster with a great
deal of decorum. Preparations were made in the
usual t% ay for chairing Mr. Lamb, and several
re'Teetable friends assembled _to conduct him
eiheolgli the streets. In the course of the-morn-
iiig, however, the mob, discontented at the de-
feat of their favourite, and angry that he was
net to he chaired, assembled, and determined to
imertupt tale adherents of Mr. Lamle. The con-
stables and persons in auttiorit y endeavoured to pre-
serve the peace, and in the effort they were assisted
by the friends of Mr. Lamle. Many gentlemen, who
were friendly to Mr.L. assembled near the hustings,
in the hope of keeping the mob off ; but all their
exertions failed, for it appeared tube the settled
determination of the rubble to commit violence.
It was said, in former times, that at an Irish elec-
tion the unsuccessful Candidate was always
chaired, and the successful Candidate was obliged
to fly for his life. The Westminster election ter-
minated in neatly a similar way. The Learned
Counsel did not exactly know whether Mr. Hob-
house was chaired ; but it was most certain that
Mr. Lamb was obliged to fly for his life. Mr.
Jewell, the plaintiff, was owner of a house in
Henrietta-street, where Mr. Lamb's Central Com-
mit tee held their meetings. To this house there
was a back passage, through Covent-garden
Church-yard, from the hustings.—When the con-
duct of the mob became dangerously violent, Mr,
Lamb found it 'necessary to retreat from the hust-
ings by this bark passage. NlThen the populace
foetid that he had escaped, they assembled round
Mr. Jewell's house. They broke his windows,
attempted to destroy his doors, and endeavoured to
sear up the iron rails, for the purpose of using
theta as instruments of offence. They were not
dispersed until a detachment of the Horse Guards
art iced, and deterred them from further violence.
The Jury would, however, hear, that in die course
of the evening the mob pursued a similar line of
conduct, and attacked several other houses. A
se ell-organized mob (he regretted, for the sake of
public justice, that the leader was not known)
assailed the residences of several of Mr. Lamb's
friends. About seven o'clock in the evening,
they returned to the charge at Mr. Jewell's house ;
but the constables having mustered in great force,
farther .mischief was prevented. The damage
done amounted to 241. 4s. Bd. which he would
prove by the different persons employed to repair
•the injury. The defendants were nominally so,
and bad -their remedy, should a verdict be found
for the Plaintiff, against the Hundred.
The formal parts of the case being proved,
?Ir. Dixon Holmes was examined; and be
stated that he was asquainted with the plaintiff,
who was a carver and gilder, residing in Hen-
rietta-street, Covent-garden. Mr; Lamb's Cen-
tral Cotmnittee was held at his house. 'Witness
attended at .the whole of. the last election, and
recollected all the occurrences that took place. Ott
the 3d of March, when the Election terminated.
•