Star.
London, England, 1821-01-23 00:00:00

the alleged offrnee was

under. what cii
committed r

Recorder TitaNser--.-es Yes, yes, yes, you may, in
any other way ; but yOu must not, must not say any
thing, in,what you do say, about the subject you
have just mentioned."
Mr. WARDEN—" Then, it seems, that I am to say
everything but the thing I ought to say, merely ,be-
cause it is unpleasant to the feelings —"
Recorder TINNEY—" You must, must not speak in
that way."
Mr. WARDEN—" As an advocate for the prisoner,
I am entitled to use every means. in my power to ex-
culpate him from the charge of which he stands ac-
cused, and I consider the interruption I receive as
!richly improper and —"
"Recorder TINNEY—" You must not use that lan-
page ; I can't, can't allow it."
Mr. WARDEN—" Then, Gentlemen, I must turn
your attention to the evidence of Hayes. He tells
you that he was a special constable, and if a consta-
ble, in the day time, shews you his staff, it is evi-
deuce of his authority, and to assault him in the exe-
cution of his duty is a most heinous offence. lint
the law wisely distinguishes between the periods in
which the constable may be called upon to exercise
his duty. Thus, for instance, if called upon in the
night, he must inform the parties that he is a con-
gable, the shewing of his staff is not sufficient, for
it may be so dark that it may not be distinguishable
from another staff, and therefore no certain evidence
of his authority ; therefore, 1 contend, upon this
ound, that the indictment cannot be sustair.ed.—
The prisoner stands indicted for an assault on the
person of a constable, and with an attempt to rescue,
he knowing, at the same time, that he was a constable.
Here, Gentlemen, lies the gravamen of the offence.—
But does the prisoner know that Hayes is a consta-
ble ? 0 yes,' says Master Hayes. Rut how?—
U, I bad my staff!' Why, so had I a staff, but I
was not a special ronstable! Well, then, how is the
prisbner to discover the office and authority of Hayes?
Why, he has a label is his hat! A label in Lis hat,
and on which were printed, Special Constable!
what does all this amount to? Why, that he never
told Sweet, or his friend the prisoner, as the law re-
quires, that he was a constable, but that he had a
staff, which nobody could distinguish from another,
and a label in his hat, which no person could read,
for it was so dark, so very dark, so extremely dark, as
constables Sworn and Blackmore inform you, that
they could not, though near the prisoner, and though
they had hold of him, at all recognize his features.
This was the season when Master Hayes would have
you believe, that in the middle of Salisbury Market-
place, three or four hundred people, and the prisoner
in the midst of them, were to an ive at the knowledge
of his-office by reading the label in his hat! lie
swears that it was light enough to ec a sixpence in
the street. Ido not impute wilful and corrupt per-
jury to Hayes, that, in order to secure his object. in
coming forward he has stept a little aside from the.
paths of truth, but one thing I will say, that his
evidence stands completely contriaicted by the testi-
many of the other witnesses fbr the prosecution. One
ur the other must have sworn falsely : you cannot be-
lieve both. would have set the matter at rest, if
Hayes had actually seen a sixpence in the street;
and svcuid have afforded still stronger confirmation
of the amazing lightness Of the night, if had picked
it up, and, alter having carefully conveyed it to his
pocket, had now produced it in Court. You will
consider, Gentlemen, how much the testimony of
such a man is deserving of your credit, where he is
not supported by less suspicious testimony. Ile swears
that there was a riot ; that there were three hundred
persons assembled ; and that he was in the midst of
thirty special conssbles. When I asked him what a
riot was, he informed me be could not tell what a
riot extr:a.,/ was: thefe was a confusion—an ill de-
sign—an Illurination\—the people were ta.'lth:g—they
were bretg:ing people's leindores ! This is his account
of a riot. What a :iot! Amoagst three hundred per-
sons, there is only one, at the most two, that were
committit:g anything like a breach of the peace!—
The prisoner was seen doing nothing ; he was,break-
ing no windows. Hayes swears he was not even so
much as speaking; for, he said, before he came
up, the prisoner said nothing whatever to Hayes,
Hayes to him. Where, then, lies his offence?-
-Lt the fluctuations of such a body, the prisoner,
who, remember, all this time. knew nothing of Hayes
being a Constable, i‘ as pushed against his arm, and
he having a bargain already in his hand, and which
he much feared the loss of,.immediately makes use
of his staff, as a sort of summary way of giving him
information that he was a special Constable; and
Master Sworn, who did not even see who was the ob-
ject of his venge:u seconded the motion by
promptly knocking him down. Now, Gentlemen,
you have heard the whole of this man's offence, you
have seen his treatment, he was breaking no win-
dows, he committed no assault, he attempted 'no
riot, he attempted no rescue, he did not even speak,
be has been punished most severely, he has. been im-
prisoned nearly two months, and will carry the
proofs of Messrs. Hayes and Sworn's authority with
him to the grave. Remember the oath that you
have taken, it is to give a verdict according to the
evidence—all private, all party feeling must give
place to this paramount obligation. !'rusting that
you will be guided by this and this alone, I confi-
dently anticipate the acquittal of the prisoner."
The Recoriont informed the Jury that the charge
was fully proved, and they immediately returned a
verdict of Guilty.
John Gast was indicted for having committed a
riot and breach of the peace, on the evening of the
Ifith November last.

Mr. CHITTY in opening the pleadings stated, that'
William Weavings was a special constable on the
evening mentioned in the indictment, and that having
seized a prisoner, he was conducting him before a
Magistrate, when the defendant Gast assaulted him
in the execution of his duty. An attempt to commit
a rescue was an assault ; and if the Jury should be of
that opinion, they must, on hearing the story of
Weavings, find the prisoner guilty.
William Were** was is New-street ea the night of the 16th,
was a 'pedal eostable, went out of his awn house, saw meaty
or thirty payout they were very quirt, went on towards Mrs.
Hovey 's, which is the corner of the street, saw a boy throw a
doe, wok Ma into custody, the prisoner came up and said he
knew the boy, thd he would be if ha should take him
into goody i_he oohed the whom several doss, mut eadaa.
vented to ill Zia sway. Did Mt know the boy he had in
custody.
restivismilwil by Mr. Weaealo-lktittli, tie Ogee; as he

. .
Was pushing him ; in St. Thomas's Chtwelsoyard there were
several hands struck him; had the boy then in custody, and
was taking him to the Alarket-place, where he was eventually
rescued.. Within three minutes afterwards be saw the prisour ;
he had followed him from New-street, but used no insulting
heguage towards him: there were other persons pushing hint
as well u the prisoner.
Mr. WARDEN.—" Gentlemen of the Jury, the de-
fendant stands indicted for a riot on the night of the
16th of November ; two or three persons must be as-
sembled together, with an intent to attempt some en-
terprise of a private nature, against any who shall
oppose them. There must, be force and violence
used; but this is not enough to constitute a riot, it
must be such a species of force and‘iolence as creates
terror. The injury or grievance complained of, and
intended to be revenged by such means, must relate
to some private quarrel only, and in no way con-
nected with the Public. Now, this being the case,
there was no cause of a private nature to call any
persons together on that night ; it is not attempted
to shew that there was ; it arose entirely out of a pub•
lic question ; it was a public affair, and, therefore,
can in no way be twisted into the crime charged in
the indictment. I am far from being desirous of
imputing any thing like a wilful desire in Mr. Weav-
ings to mislead the Jury. I do not think he meant
to swear falsely. Mr. Weavings might have been
pushed by somebody ; there is no doubt but he was;
for amongst a crowd of thirty or forty persons, all
pressing upon each other, it is scarcely possible but
'Mr. Weavings, like most of the others, n:ight have
received a push. You have it from most respectable
testimohy, that the night was dark, very dark, ex-
tremely dark. Mr. Weavings did not know the boy
he had in custody ; lie cannot swear that the pri•
soner even struck him, and confesses, that there were
other persons pushing as well as the prisoner. This
is his testimony, and on which you are to find your
verdict. I cannot !sting myself to believe, that the
witness intends to swear falsely. No; it is one of the
sunny mistakes of that night: but, unless I am misin-
formed, I shall be able to prove to you, that it was
Weavingthimself that struck the blow, aye, and that,
too, before one act of aggression had been committed,
or even one word had passed between the parties,
more thaii this, the prisoner said,' that is not the boy,
Mr. Weavings, who threw the stone.' Without con.
descending to make a reply, or come to the least ex-
planation, Mr. Weavings immediately knocks him
down, and there lett him bleeding. On his exami-
nation in chief, Mr. Weavings told you that the pri-
soner swore at him; on his cross-examination, he
says, that he did not use any insulting language.
Swearing, then, I suppose, is not insulting language!
The fact is, my client had no more to do with insult-
ing or assaulting Mr. Weavings than you or I, Gen-
tlemen, and that I will prove to you."
Mr. Wannes then called three persons, who con-
firmed the facts as stated by him. They severally'
stated, that their meeting was quite accidental: one
of them had been with the prisoner for half an hour he-
fore they came up to the prosecutor, and that during
the whole time, the prisoner had done nothing offen-
sive to hini, and never gave him a blow.
The RECORDER charged the Jury, and informed
them that the assault and rescue were clearly proved,
and the Jury acquitted the prisoner.
There was another indictment against Gast, for
assaulting Leonard Jesse, on the same night. The'
same sort of evidence was adduced here as on the
former trial. Jesse declared that the prisoner did not
even say an unpleasant word. There was a sow—a
bustle—a hallooing—the prisoner did not push him,
did not strike him—did nothing offensive that he,
could see ; in fact, did nothing ! Such was the evi-
dence adduced, and after the Recorder had, as in
the former case, given an opinion that the charge was
made out, the Jury acquitted the prisoner. The ver-
dict called forth a burst of applause, from all parts
of the Court ; which was censured by the RECORDER.
lienry Taylor was put to the Bar, charged with
the same offence ; on which Mr. CHITTY informed
the Jury, that this case was one which could leave
no doubt on their minds of the guilt of the prisoner,
and of the enormity of his offence. The heinous
nature of his crime (said I,ss) is distinguished from all
those who have been at this Bar on a similitcharge.
They, Gentlemen, were unarmed # but he, bent on
double missiiief, was armed with a ponderous bone!
Ile was not only armed with this instrument of terror
and death, but was acting most riotously, most noisily,
and vociferating K ith the lungs of a Stentor. I have
only to prove this, and then taking it in connection with
his being armed, and in company with other persons,
I shall be assured of your verdict of guilty. Call
George Atkinson, and as to all that Mr. Warden has
to say, it will not weigh one feather in the scale."
George Atkinson, on the evening of the 16th Novegriber, ob-
vrvtd from 50 to no persons together near the White hart Inn.
They were going by Mr. Hussey's house, in New-street ; they
were conducting themselves in a riotous manner, so much so that
he aunt/a there was a probability of a breach of the peace ; he
thought their object was to break the windows; heard the noise
of breaking windows.

Cress-ezansissrsi 8y Mr.• WAR/MlL—There were several Special
Constables there; ran after the peo?le ; heard windows break-
ing in the direction of Mr. Hussey s house. Saw the prisoner,
took him, saw him in the act of jumping up and throwing,
sprang upon his back and they fell together, there were no lights
up, could not see hints presumes it was him; heard distinctly the
noise of breaking windows, perhaps for half a minute; did not
hear the name of any particular house mentioned, conceited that
Mr. Iluswy's windows were broken, had every reason to think
so, be should imagine so, but it was impossible for him to say.
Francis Wills (another witness) was a Special Constable on
the evening alluded to; saw a number of persons in New-street,
it was between the hours of six and ten, there might be from 50
to 70, they were kicking up a row, he considered it rioting,' the
prisoner was amongst them, saw the defendant's arm extended
as if to throw a stone towards Mr. Ilussry's house, saw Mr. At-
kinson seize him, hasgno doubt but the prisoner was the person
who broke them.

Mr. CuirrY--ig Mr. Recorder, this is my case."
Mr. WARDEN-" And a pretty case it is !—Gentle-
men of the Jury, when I heard my Learned Friend's
opening, I could not help (to use the phrase of one
of his witnesses, and by wh;ch phrase he intends to
prove his case) I could not help presuming that there
were deeds to be unfolded at which human nature
must shudder, and confirmed by proof even much
stronger than Holy Writ itself. Then, indeed, what
I might venture to have said, could not have weighed
so heavy as a feather, and my Learned Friend would
have gained his cause as easily as he is now going
to lose it." 1

Mr. Currrii—‘4 I never said, that what you said
would not weigh as light as a feather."
RECORDER" Words of that kind were made
use of."

Mr. CHITTY—a Then I ask Mr. Warden's pardon."
Mr..WAnnot--.." It is granted.—Now, Gentlemen

fof the het, hi en tare ap bat little al
lin commenting upon this case—it is its On
meat. I ask you if,.in the whole evidence, ihert'
one fact established: if there is one act st,„:
What says Mr. Atkinson ? Then were
persons conducting themselves in a I iotous
they were riotous; and then he says, that
being riotous, he only :considered that their
probability of a breach of the peace;
mighty fabric of guilt, which was to
by Mr. George Atkinson, falls to the ground,
goes on to state that he thought—=he Mow*
object was to break windows; here you
thoughts instead of the prisoner's actions!►
lent evidence for A Jury ! He then says, .
the prisoner in the act of jumping up an,
ing; I sprang upon his back, and we both
together: So far so good—but what
He adds, There were no lights up, and I
see him, but I presume it was him. This, ,
good evidence for a Jurp—the presumptio4
Atkinson respecting. a man whom he could mg
Thus the fabric which his Learned F, tend 114:1
had crumbled into dust! It had cniiveited iw
thoughts, probabilities, and considerativ,s!
comes Mr. Wills, and he gives you kis
tion of a riot, mingled with his ricubts atru LL
derations ! And this is all upon which ,0414,,
return a verdict of Guiity ! Had the ntei7
been produced, that would have certainly
stantial evidence; but i suppose that it has:
more usefully employed. ' Gentlemen, it i, mpg*,
ble but you must acquit the ptisoner. There
proof of riot against him, unless doubts,
tions, probabilities, and presumptions, u21%4 0,
deuce. 1 leave my client in your hand-,
that you w ill do i.inl substantial justice."
The ItccintoEit here read the Statute if IL
observed, that though tl:e law had defined it to
meeting of persons unlawfully assembied on
private enterprize, yet it %%as impossible not
case to see, that it assumed the folni of
question ; for with the p•ivate entdreilze were
connected, an attack on the Constitited Andtuilwi;
and, as the evidence f ully establishec the
of the prisoner in the transaction, he Jolt
to decide upon the guilt or innocence of tile
Mr. Wannest," Sir, I take the 'Alec
gesting, before the case goes to the liry,
there has been the least tittle of evidence
that any person had been terrified by the
the prisoner"—(No reply.)
The Jury returned a verdict of—Aot
Mr. CHITTY then stepped up to the Rezo,'
whispered something to him, on winch
round to the Jury, and desired them to
their verdict, adding, " Evidence of *noise and
is quite sufficient proof of riot, and not whether,
Boner was actively engaged in making that
tumult; yet if he was there it is an evidence
being concerned in the transaction."
The Jury again returned a verdict of Ai
and the cheering, both in and out of Court,
deafening The Town Clerk ordered the gallery
cleared, but there was no person taken into—
James Coombs, and three others,. were
with similar offences; and on their being.
Mr. HODDING if they could pay their fees,
amounted to £3 Is. Bd. they were informed r'
could-not take their trials, they might go al
business; and their Bail were told that
cognizances would be estreated. The lit
however, with great consideration, observed,
it was a nev, case, they should be respited
Sessions, when the parties might probably be,
to pay the fees of the Court. This intimation
peared to satisfy all parties.
[On the Monday following, however,
was issued by W. DYKE, Esq. the Mayor,
four persons were apprehended on the ground
they had not appeared to plead to Me isidiziamt,
although they had all appeared, and weie all roil
to take their trials, their poverty being the only teal.
why they could not be given in charge to the Jul'
They were conveyed to the County Jail, where they
will have to remain in the cells (unless bailed oat)
until next October! that being the time for gra
holding the City Sessions.]

Monday sennight, the mouth of the Spinial
coal-pit, near Sheffield, suddenly gave way, and for
men were buried under the ruins.
Saturday evening, as Miss Hott. IN( d
Draper-terrace, Paddington New-road, was
ing her dress at the ctrawing-room chitin
preparatory to going to Covent-Garden Ti
part of it caught tire, and she was it-
a blaze. A young Lady named SHAWN, who
dressing in the next room, alarmed by her
flew to her assistance, and threw a large cloak
her, which probably saved her life, but she •
in excruciating agony. Iler hair was burnt fro:lilt
head, in which part she suffered most. Mi,s Stoll
also sustained much injury about the hands and Mil
The Hambledon Hounds have been particularly lie
since the breaking up of the frost, having killed three of'
times they have been out. The pack met on Friday, at *
Castle Down, and found a foe in Rough Hay, which, • Ae•
most brilliant run of one hour and a quarter, at the close dor_
the hounds ran into him in view, was killed near Ilorndese,
presence of a numerous field olsportsmen, who returned MO
highly gratified.
CHASE BY Sae Jecoa A,ii.zy's Sus Housam—Saturday
night, an out-lying deer started from Tatterford floe It*
and ran. through Broomsthorpe ; here, for a few minutes:
hounds were at fault, but recovering, took off for Cot
Heath, challenging through a hni open country to Boo"
where he was headed; be then made off for Houghton Put,
touching on Harpley, from thence to Kippon Heath, and WO
taken in grand style at Paafield, after a famous run of rig.
hours and a quarter.

BIRTHS.
• At •Corfu, on the 18th of December, the Lady of Linea/SI
PoMilos, of the Bth Regirner.t of Foot, of a son and beau.
At• Old Alresford, on Monday se'nnlght, the Lady of the BA
Colonel Onslow, of a son.

MARRIP.D.
•
Monday sennight, at Dumfti..l, Captain J. Carson, of the**,
Dumfries, to Miss Jean Yorkstoun, of that

• - DIED.
Tuesday, at her residence at l'ortstnoudt, Mrs. ilard7o/14.,
relict of the late Captain Ilardyntan, Barrack Mato P
of .
Cumberland.
At Glasgow, on the 11th inst. after a long and severe inn%
Mr; Wm. Duncan, writer in Glasgow, much regretted. '

FUG fi- WATER at LONDON MUDGE TO-ibltslitftJwi
bleeping • • 20: minutes after S
Afternoon

LONDON •• Printed and peal: id by Liresa Kali, PI.M
Pl.ce, Temple-Par

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