The Sun.
London, England, 1826-03-31 00:00:00

ASSIZE INTELLIGENCE.

MONMOUTH, 51. tacit 28.
CIVIL. SI DE.-310NMOUTH RIOT.
THE KING v. yatcE AND.OTHERS.
This was an indictment against Joseph Price, Esq., a Ma-
gistrate ofthe county of Monmouth, and eleven other persons,
for an alleged riot and assault. The case excited intense in-
terest in this town, and the Court was crowded to excess from
the moment it was opened, by the two patties into which the
population are divided—the Duke of Beaufoits and the Inde-
pendents. Witnesses on both sides were ordered out of Court.
Mr. Cirkwoon opened the case,—Gentlemen of the Jury.
1 rather lament that the first time I have the honour of address-
lug a Jury oldie county of Monmouth, I have to state to them
a case which, if made out in evidence, reflects disgrace upon at
least one man who holds a considerable station in the county.
'rids is an indictment against twelve persons for a riot, and the
first person named in the indictment, is Mr. Joseph Price, who,
I understand, is a gentleman of distinction, and has been, by
the special commission of his Majesty, intrusted with the con.
servation of the peace in this county—at least, he among others;,
and yet this case will present to you the singular spectable of a
must outrageous riot, organized, Itesded,and conducted by a
magistrate, who ought to have., preserved the peace. Now,
Gentlemen, I will mite theiact of the case. On Thursday,
the 4th of November, 1824, slr. Hughes, who was then the
Mayor of this town, according to ancient custom, treated his
fellow-townsmen and their ladies with a ball in the Town.hall.
While they were enjoying their festivities, a numerous party
went to Mr. Price's house, where they entered by a back-door.
They then came out and assembled at a public-hOuse here,
called the Masons' Arms; and there, after they had been
gorged with ale, Mr. Price joined them. Ile came from the
parlour into the kitchen, and having mounted a chair, he
harangued the mop. Having done that, they sallied forth
with the band of the whine before them, organized in
something like military array, and marched to the front of
this hull, about ten o'clock at night, where the Mayor and his
friends were assembled, and were enjoying themselves accord-
ing to ancient and accustomed usage. .ifter a short pause they
made a rush at the hall.door, attempted to break in, and sere-
ral of them cried out, " We will oust the Mayor as we oust-
ed somebody else." I'o what they alluded. I shall not now
stop to inquire; but Mr. Price on that occasion was must
active in encouraging them, and exciting them to a breach of the
peace. The constables attempted to keep the doors fast, and
one of them being outside, was most cruelly assaulted and out-
rageously beaten. Ile was, however, rescued from his peri-
lous situation ; and he will detail the particulars to you. The
mob then proceeded down Church-street, preceded by the band,
and when they came in front of the houses of those persons who
were obnoxious to them, the band was directed to imitate groans
and all sorts of most indecent and disgusting noises. Were a
portion of the assembly in Court burst out into unrestrained
laughter.)
Mr. Baron Gaanow—lf time Court is againdistorbed in that
way, I will semi a certain portion of the disorderly to gaol,
and the rest of them out oftourt. However the people of Mon-
mouth may enjoy indecent dissurbances,• ' they shall not dis-
turb the proceedings of a Court of Justice while lam in it. I
nisall have my eye upon the persons present. I shall commit
upon my own observation, and I expect the officers to do their
duty.
Alr. Cuawoon resumed--.gentlemen, I am much obliged
to his Lordship for repressing the- spirit of insubordination.—
\ The mob proceeded down Church-street, Gentlemen, until
they came to the house of Mr. Syner, who is a pastry-cook,
and there they commenced an attack upon the door and shut.
tern. Mrs. Syner had just prepared to go to the ball, and her
' husband was getting ready to accompany her. Ile went to his
door, hearing the violent noise that was made, and he was as-
nutted by the mob, His wife also was going out to see what
was the matter, when some ruffian dashed_ his_hat In her face,

gave her a black eye, snd tore off smite of her little ornaments
Mr. Price was at that time among them, and encouraging
them, as I understand ; and I *ay, a man" who could thus
act, and encourage such an outrage upon a woman, I know
hint not, but Nature, ever true to her We*, would depict his
character in his face---lie is neither genuine English, nor
genuine Welch. After this the mob proceetkel to escort Mr.
Price home in triumph. Ile addressed them at his own house,
atxl told them it was time to go- some., They went to the
Masons' Arms again, and after being overwhelmed whit ale
and with sleep, they dispersed. 1 • have thus detailed to you
the outline of this case, and I shall leave it for the witnesses to
detail the particulers. A special Jury has been summoned by
the defendants., bat fur what reason I know not. Whether
they were afraid of the lament indignation of the peasantry,
who usually fonn the common juries, I cannot say ; but. gen-
tlemen, I am glad to see you here, for 1 ant sure you will give
an honest verdict, and distill that justice demands.
Jane* Berry.—l am a nailer. I remember the 4th of No.
vember, 11124, alien the Mayor had his ball. 1 was at the
Masons' Arms, in Monnow-street, on the evening of that day. ,
There were about 200 persons there. I know Mr. Price's
person, and I saw hint sitting in the house. There were about
forty or fifty of the persons in the kitchen, and I saw Mr. Price
come in, and, standing upon a chair, he said something to
them all about Dr. Bevan. I cannot say what it was. lie
than went out, but what became of him I Cannot say. I be.
lieve he went into. the parlour. After about three quarters of
an hour, the mob went into the street, and there was a
band of music there. Mr Jones told them all to come out
and take Mr. Price home, and when they came back they
should have some more ale. They came out of the house, and
the band beat off. The marched up to the hall, where I heard
the music inside, and I suppose dancing was going on.
They made a stand in front of the hall, and then James lane
(a defendant) and Edward Junter (not a defendant) said,
" Et--n their eyes, pitch into them 1" Then James bane and
Edward Junter began, to drive at One of the constables, I be.
lieve, They hit him, and began leathering him-1 mean beat.
ing hint. Ile had not done any thing to them before that.—
Mr. Price was present. Ile 'nod its the middle of the mob...*
I did not see hint do any thing. I continued with the mob
until they went all round, and took Mr. Nice. home. At sortie
places they played tunes like groans. 1 saw the mob when be-
fore Mr. Syner's door; I dare any there wete between two and
three hundred of them. I saw one of them earth hold of Mrs.
syner by the cap. I saw her face afterwards, but it was not
marked.
John Rainey-1 am a master plumber and glazier in this
town. I remember Thursday night, the 4th of NoVember,
11124, Mr. Iluglies, the then Mayor, gave a ball that night,
and 1 was one of the stewards. I rceollro being on the stairs
of the hall that night. One of the door.keepers, n men of the
name of Davis, went away without my leave, after 1 had given
out the beer-tickets, which was at ten o'eltick. There was then
a disturbance. The music
was the fist thing that arrested my
attention. There well then a degree of noise existing, but not
a great deal. That occasioned me to go down to the foot
of the staircase, and from that I went into the market.house,
and saw a considerable number of persons cooling from
the direction of Monnow-street, and they moved along;
until they crime nearly
to the centre of the market..houae.—
I think there were two or three huudred, and they were
matching with a degree of regulatity until they Cana to the
centre ut the front of the Market-place, anti then the word
" halt" watt given. The musics then played " glad save the
King," and the crowd burraed. In the crowd I observed
AIN Joseph Price, a magistrate of the county, Mr. William
and, I believe, Mr..lames Jones. I particularly nu.
Met' err. Price waving his stick instead of his hut, when they
huzzael Upon that I observed sense siegree of bustle in the
mob in front of the market-house, and I particularly noticed
a man whom I did not know, in a smock.frock, who said,
" Follow me." A general rush then took place towards the
door of the Town-hall, with cries of " Go it, go it." I
purticularli noticed the phrase "We will oust them as we did
vatei.„
then
went in,
and dosed the door, which wits acce-
lerated by the *nob pushing against it as the door dosed in-
wards. Ito that nisi), I noticed the defentlanneLane and
Ile went down
lat-
vender ; after that, 1 heard a greet noise against the door, sup.
llt,rveennttlyntwatittlotisatitcikies
I‘otraxboirut:,kheautt:,:nfdointahc.o:r.y., " Turn out
the bargeman and all his crew. Mr. Ileghes n% a baegvmun,
and went tut ; a short tune afterwar there was a knocking at
the door, and I answered it. The people °untidy %%Aid,
arc all friends: here is the pun! Duke almost murdered."
They then brought in denies Paw. The)" were leading hint
by the arm; or nailer dregeing hint, and we seated him
in a-window at the bottom of the stairs. Ile was eovered
with blood, particularly ahout the face; he was bleeding at
the mouth. 1 went into the Ilan, and took down some wa-

Mr. Price was in court, and is a gentleman Of colour, ;Is ii
it called.

ter to him, which appeared to revive him, and he was him.
self again.
Croes-examined by Mr. TAIf2CCON.--I have been one of
the burgesses of this town, hut lam ousted. I entered into
a rule at Court to disclaim, if Mr. Yates wn4 defeated, and I
have disclaimed. We have nu Mayor now in, Monmouth, to
the best of my knowledge. I did not see any Mayor at church,
with the Judges, last Sunday. Mr. Price, the defendant, de-
coyed the Mayor into his house one night, and after milking
hint tipsy, got him to sign a deed of disclaimer. I very much
question whether he would have done melt a thing if he was
sober, because I saw hiM on the 31o,day previous, and he
Made several declarations that he would stand the contest, let
the issue be what it might. I watched Ides that particular
night, but I did not see him home from Mr. Price's hoose.
Several other witnesses were called, but each successive wit-
ness differed from the onewho preceded him.
Mr. Tatts-rox then addressed the Jury on behalf of the-
defendants.--Gentlemen, knowing, as I think I pretty well did
know, the nature of the case on the other side, I think 'I never,.
in the whole course of my life, saw a case so matte out. You
must guess the sort of spirit by which it is influenced, by what
you have seen to day. Contrasting the case opened to you with
that proved, you see nothing but contradiction front the begin.
ring to end, of the most extraordinary description. Sty
Learned Friend, who conducts the prosecution,' has most ample
cause to complain that he has been inishutrnottl, intilod. Anti
deceived : but he is only diseharghig a profestional amyl-00W
no one will impute any thing to him which it not perfectly
consistent.—. Here the Learned Counsel went over the whole of
the evidence, remarking on the contrAilictorrparts.)—lt sp.
pears,Gentlemen,nothing more or less ihan this, that the Mayor
and his party thought they had a right to enjoy themselves in theft
own peculiar way, with their pipes and tobacco, and the other
party too, front some other mourn, rejoiced also in a different
manner; but there is no earthly pretence four saying, that any
regulated design existed to disturb the public peace, or to create
that which would be in law a riot.
Mr. Baron GA anow charged the Jury. His Lordship said
that the Jury *ere called upon now, at the begining of IWO, to
inquire into the imputed guilt of twelve several defendants, who
were charged with having been guilty of a riot in 11124. His
Lordship warned the Jury Against Mixing themselves up with
those party feelings which were the incentives of this mdict-
ment ; and offered to rend through the whole of the evidence if
he Jury thought it necessary.
The Jury told his Lordship that he nets% not trouble himself,
and found all the defendants—Not Guilty.

cnowm sinE.--muRDEtt!

Abrahans Owen,' a labourer, was tried for the wilful murder
of a stonemason of the name of Saunders. It appeared that in
consequence of a dog having barked at the prisoner, be instantly
levelled the owner of the animal with the earth. A scuffle 'en.
sued, in which several persons soon became engaged. The
prisoner being a very !rowed's) num, subdued all Ins opponents
in their turn ; and to the end had Saunders so completely in
his power, that before he could be rescued from the violent grasp
ihe prisoner had of his throat, he was found to be a lifeless
corpe. The Jury retired, and found the prisoner Chatty.
Sentence of Death was passed upon him, and he was ordered
for execution on Friday.

MA I osToN Motet' '49.
(Before the Lord Chief Baron A ix): sl,11)1;11.)
THE JCIPiG e. CHARLES.
This was an indictment for alleged warn) and corrupt per.
jury, - assigned upon evidence given by the defendant on the
trial at law of a cause Coleman v. Delaseux.
It appeared in evidence that the defendant, who is the son
of a respectable attorney, had been witness for his father's
partner, Mr. Coleman, who at the last StrutterAsaizes for
this county, brought an action against Mr. Delasaux, the
attorney, for assaulting him at the Canterbury races in BIS.
There had been some tuisunderaanding between Mr. Coleman
and Mr. Dehtsaux. Meeting on Barham Downs, on the 17th
August, the latter demanded of the former whether be had
called him a scoundrel or a swindler? Mr. COlomm replied
that he did not. Mr. Delasaux then said, " Did you say I
was a blackguard ?" Mr. Coleman answered, " If you lent
me that message by your clerk, [certainly did, anti do now."
Whereupon Mr. Delasaux struck Mr. Coleman with his horse.
whip. On the trial of the action for this assault, the defendant,
whole a youth of 17, was examined as a, material witness tostte
-transaction. lie stated that be was near the spot wi era iftC
assault was committed. Mr. Delasaux, he said, charged Mr.
Coleman with -something which he, the defendant, did not hear,
but whatever it was, Mr. Coleman denied it; and that the
assault was committed upon that denial. The Lord Chief
Justice Best, who tried the cause, dwelt upon Mr. Coleman's
denial of what Mr. Delasaux charged him with, as circum.
stance of aggravation on the part of the latter ; and the Jury,
under his Lordahip's directions, found a verdict for the plain.
tiff, damages M. Mr. Delasaux afterwards moved for a new
ttial,,on the ground that the damages were excessive; but the
Courtrefused the rule. Mr. Delasaux then preferred the pre.
sent Indictment, and it was alleged that the defendant had spoken
falsely in swearing that Mr. Coleman had denied the accuse.
tion made by Mr. Delasaux,; and it was farther all;ged, that
In fact the defendant was at a different part of the racecourse
at the time of the assault, and conseuently could not have
seen the transaction to which he deposed. Mr. Delasaux and
other witnesses proved that they did not see the defendant on
the racecourse at the tune of the assault, and that Mr. Cole-
man had admitted that be called Mr. Delis:tux a blackguard
under the circumstances above-mentioned. On Ida cross.
examination, Mr, Delasaux denied that he had told any body
that lie prosecuted young Charles from revengc lie admitted
that he had Said,' that revenge was something sweet." Ile
had suffered severely ; the Court of King's Bench had refused
him a new trial.
On the part of the defendant it Was proved that he Was near
the .spot at the time of the assault, and mina it was very pos.
Bible for hint to have been mistaken in his account of the oral
part of the communication between Mr. Coleman and Mr.
I)elastiux.
Dr. Burt, master of King's School at Canterbury, proved
that the defendant. was a pupil of his, and that he was as youth
of intimpeacitable veracity. lie never found hint gitilty of pre.
variation, much less of falsehood.
The Loan Cunt' PAUON summoned up the case, and the
Jury immediately found the defendant Not
.Guitty.

NORTHERN CIRCUIT.:—VORK, Mantel 20.
NI)/0 t'. TIV.I.E. (CORONER).
The defendant pleaded" guilty" to the charge, which he had
traversed from the last Assizes to the present, for making false
returns of Inquests which had never come under his cognizance,
making the tieing dead, whereas they had not " ohifted off this
mortal coil," but rose up in judgment against him, for which the
Court sentenced him to pay a fine of W. to the King, and to be
confined one week in lode Castle, anti further to -be confined
until that line be pild, and to vacate his situation of Coroner for
the county, which he has since resigned.—We believe that this
is the first instance of the kind upon record of so singular a
chcitinsance.
PZILTIIIIT.—THE NINO v. )CYDER.
Mr. WILLIAMN and Mr. ST• mitt s: for the Crown.--The de-
fendant, it scents, had been indicted for swearing that no attor-
ney's bill had been tiled against him, whereas it was proved to
the contrary ; but he was this day acquitted, on the failure of
proof that ie Attorney before whom the affidavit had been
made, watt a Commissioner for taking affidavite.
THE IMPORTANT DISTINCTION BETWEEN " .11" AND
" TR E."
•
MCA ANT) CO. V. POMMY. fiftsT.
Mr. Pou.ocs for the plaintiffs, Mr. AIII.NZR for the de,,,,
fendant. ,
. • This was an action brought by Attorney against Attorney--
the plaintiffs being agents for the defend ou—to prove that
a copy of their bill, delivered a month henry the action had been
commenced, and had been served noon the defendant, signed as
byl‘trhe. Vi rs CC
acrt.ieeoftoot4ek en ' objection (ilnrtii:tii required.t o ' a copy of a bill," which
he submitted should have been " a coley of the hill," and which
had been taken from a hook in the plaintiff's office, but when
anti bow the witness could not say.
Mr. Pot.r.oci; thought there could he no difference; but
Mr. Baron Hui.i,oetz said, he thought it made all the dlr.
Terence.
It was then ultimately agreed that the plaintiffs should aban-
don : the first count of the declaration, with' respect to the:
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wiwi.....niansiANlNwaob:dolTieunlittinvicolenurv.etahrldorottlere
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This waa en action of assmnpait, brought by the plaintiff
(Mary IVilkintion) against the defendants, to then capacity of

Etecuttus of the last will and testament'in-Willialo Holler de-
ceased:, Front the At oteineut of the Luarnetl'eatittsel r.
41) it, ppeared, that the plaintiflhad heen.in the to ice of the
testator, as his housekeepet, for several years, anti a Ito Nast.
tended 'hini night and day. It was furilter statfd, that the tiriin;
tiff* had had it q tlnel kb the deceased, and, lett. hisiervice ttt
eohttequence thereof, without haying receiving anyeampeitsation
for her services. quarrel was afterwards made tip, and she
returned again to'bee- serVittitle,. and tannin oeil'irith. him until
the time of his death, when he, left her a higaco of Wt., les. On
lien applying to the executors for it, they saitt(lun dicte.wegre.riet
suflietent ausets to pay the bequests,. hilt tii;tt woOld pay
her wages if Ate liked (two) ears and a halt ) which she. refused,
and said that'aliti only wanted her legacy. •

. . ,
Mr. Mac gptilfli, for the defendant*, contended, thatlMing
Waited to teceiit her wageti she ought, iaiw to he barred her
atilt; besides which she had been in the habit of receiving from
.the testator in his life-time 'rations. stuns of money over and
Aare what she now claimed. That there had heen a meeting
of the old.man's creditors, anti a *until composition made in the
pound. The effects ot'the deceased, consisting ova little house-
hold stuff and Ida valuable wardrolte, et nsistmg Of one pair of
breeches and no shirt, being all the goods and chattels ~he pos.
scsited in the world,. to answer all demands upon him snd his
tramserviult bud only received 404,1301., foe • his setvittuki ttnd
who was canal! as a witness, on the part of the defendants to. '
peke that the plaintiff bad received various sums of trioney of
0-tbudeceased fin the " home thipartmentrirwidch she Must
have taken enough of " filthy lucre" -ttritirs'iver: all dermal&
upon him; but who admitted, en his cross-examination, that
witness had a quarrel With her when they had lived fellow-
servants together; that he had been taken before a Magistrate
at I.eols, and bound over to keep the peace ;. but that he never,
in all his born days, had taken fancy to a silver mug., and that
he was as innocent of the charge as a yunng sucking.pig.
His Loam's's., -in his charge to the Jury, said; the goes-
tion for their consideration was, whether the plaintiff wept; en-
titled to recover her wages for her two years and a hnlf service. •
—She had disclaimed receiving it, and it was given in. evidence
that she-nnly•svanted her legacy ; but this did- nut bar her pre.,
sent,elaim, if. they believed she had acted in the capacity of a
*crept to the testator, and that it was due at the time of his
death. . " •

The Jury found for the plain►iff—Anmftgcs 251., costs 40e.

PO,LIPG ELIA G KNCE.