Star.
London, England, 1819-07-08 00:00:00

LAW LOPELLIGEVCE.

COURT OF KING'S ItterCH; JULY
• witsTMIRSTO ELECTION.
itwer.r. V. DELSHAW AND ANOTIIr.n.
Mr. ESPINASS.E opened the pleadings. The decla-
ration set forth, that, on the 3d of March, 1819; a
number of persons riotously and tumultuously assem-
bled in the, parish of Saint Paul's, Covent-garden,
arid; being so assetnblel together, assailed the house
of the plaintiff; which they injured and damaged,
by throwing stones at the windows, doors, &c. The
action was brought against the defendants as inhab.i-
ants of the hundred of asSulston, in which the city
Of Westminster is situated, to recover compensation
in damages for the injury sustained. The defendants
pleadeilthat they were not liable.
• Mr. SCARteirT stated, that the present action was
brought udder the statute of the 57th of his Alajesty,
which was 'Ossect for the purpose of rendering more
'effectual several former statutes, by which the inha-
bitants of every hundred, where any riotous or tumul-
tuous assemblage of persons proceeded to commit
acts-of violence, and damagerithe property tf any
were 'made liable for the injury se sus-
talnedirom their illegal conduct. The principle of
the law was as ancient as the time of Alfred; and had;
at later periods, found its way into different Acts ofd
P.itliament, 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 " itt any
case where any houses, shops, or buildings whatso-
ever, or any part thereof, shall be destroyed, or in
any manner damaged or injured, or any furniture,
gsods, or commodities therein, be injured, destroyed,
damaged or taken away, by any riotous or tumultu-
ous assemblage of persons, the inhabitants of the city,
town, or !I' within any hundred, the inhabitants of the
lame shall be liable to the paythent of damages for
inch injury ; and the same may be demanded; sued
for, and reccivered, in the mode pointed out by the sta-
tute of• Geo. 1. enacted for the prevention efiricStous
and tumultuous as4mbliel.“ Hawing stated the law'
on the subject, the learned.Coutisel rsext proceeded
to detail the facts of the cite. The hundred of Os..
sntston, it was proper to observe, comprised the citr
of Westminster; and, hi the month of March last, an
elation for a Member to represent that city in Par-
Dullest took place, in consequence of the death of
Stir Samuel Rontilly. At. that election the Ilor.our-
able George Lamb and Mr. Hobhouse were the can-'
didates. The populate took an active part in favour
se the latter—and, when they found that he was not
likely to succeed, they had recourse to acts of vio-
lense. . He raid the populace of Westminster ; for it
could not be supposed that any of the respectable in-
habitants of Westminster would countenance tumult
and violence. The mob, having no property them-
*elves, were, in general, very indifferent as to the mis-
chief which they did to the property of others. The
respectable inhabitants could not be identified with
thoie riotous acts, for whatever might be their
poli-
tics, he was sure they would conduct themselves
peaceably. The rabble, who might at any time be
hired fur half-a-crown a-head, enraged that the popu-
lar candidate had been thrown out, determined 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
Westminster asith a great deal of decorum. Prepa-
rations were made, in the usual way, for chairing Mr.
Lamb, and several respectable friends assembled to
conduct him through' the streets. In the course of
the morning, however, the mob, discontented at the
defeat of their favourite, and angry that :re was not
to be-chaired, assembled, and determined to interrupt
the adherents of Mr. Lamb. The constables and per.:
sons in authority endeavoured to preserve the peace,
and in the effort they were assisted bit the Mends of
Mr. Lamb. Many gentlemen, who were friendly to
Mr. Lamb, assembled near the hustings, in the hope
of keeping the mob off t but all their exertions failed,
for it appeared to be the settled determination of the
rabble to commit violence. It was said, in former
times, that at an Irish election, the unsuccessful can-.
didate was always chaired, and. the successful candi-
date was obliged to fly for his life. The Westminster
election terminated in nearly -a similar way. The'
learned Counsel did not exactly know whether' Mr.
Hobhouse was chaired ; but it was most certain that
Mr. Lamb was obliged to fly for his life. Mr. Jewell,
the plaidtiff, was owner of a house in Henrietta-
street, where Mr. Lamb's Central Committee held
their Meetings. To this house there was a back pas-
sage, through Covent-garden Church-yard, from the
hosting's. When the conduct • of the mob becatne
tlangerousty violent, 'Mr. Lamb found it.necessary to
retreat from the hustings by this back passage. When
the populace found that he bad escaped, they assem-
bled round Mr. Jewell's house. They broke his win-
dows, attempted to destroy his doors? and endea-
voured to tear up the iron rails, for the purpose of
using them as instruments of offence. ' They were
not dispersed until a detachment of the Horse Guards •
ariived, and deterred them from further violence.
The Jury would, however, hear, that in the course of
the evening the mob puisued a similar line of corr.!
duct, and attacked several other houses. A wFlt-
organised mob (lie regretted, for the sake Of publi4
justice, that the leader was not known) assailed the
residences of several of Mr. Lamb's friends. About
seven o'elock 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 4s: Bd.
which he would prove by the different persons em-
ployed to repair the injury. The defendants were
nominally so, and had their remedy, should i verdict
be found for the plaintiff, against the hundred.
The formal parts of the case being proved, -
Mr. Dixon Holmes was exainined; and he stated,,
that lie was acquainted with the plaintiff, who was a
carver and gilder residing in Henrietta-street, Co-
ventrgarden. Mr. Lamb s Central Ccifnmittee was
held at his house. Witness attended at the whole of
- the last Election, and recollected all the occurrence's
that took place on the 3d 'of March, when t;ie Elec-
tion terminated. The witness then described the
conduct of the populace, when they surrounded the
plaintiff's house. 'Stones, as lari;e as a man's h,tad,
were thrown at the windows, tie ',ashes of which
were broken, and part of the wainscot and some of
the furniture of one of, the rooms destroyed. The
snob cried out, " Hohhouse for ever ! down with
Lamb r' They strove to force open the doors, and

exclairnstl:—‘4 D—..n him; went.ayi him out rolgrin-
ing Mr. Lamb. Aladlit,spot •been foi- the arrival of
the Horse-guard-447 much more mischief would have
been done. Witness was alarmed, 'and armed him,
self in his own defence.
Robert Johnson corroborated this evidence, and+
spoke also to the.attack.in the ereoin::
J. J. Scheles proved the ame • • the damage.*
Mr. GAZELEE, fin the defend'', 4`: • stated, that un-
less-the damage complained of -Wei sustained in con-
sequence•of an attempt made by a tumultuous as-
sembly to pull down the house or tenement, the per-
son who suffered the loss could not recover, under
the 57th of. the ICing. In this instance, the Learned
Counsel contended, no proof was given of such in-
tention. The mob appeared anxio.is merely to come
in contact With Mr. Lamb.' •

• - 1
Chief Jtistice ABBOTT held,. that the case made
nut clearly came within, the meaning of the Act of
the 57th of the King.
The Jury found a verdict for the plaintiff—Da-
mages al 4s. Bd.