The Statesman.
London, England, 1821-10-03 00:00:00

PARTNERSHIPS DISSOLVED.

F. 11. Pedder, L. Readhead, and C. H. Huckett, Gould-
square. ship-brokers--M. Greenwood and E. Eley, Thorn-
bury, Gloucestershire. straw-bonnet-makers—W. J. and 11.
Hodgson, Poulton, Lancashire, wine merchants—J. Mills
and R. Baker. Ashborne, Derbyshire, chemists—E. and S.
White, Red Lion-street, Holborn, surgeons—T. Ely and T.
Downing, Hope-wharf. Wapping, wharllngers—J. Godwin,
J. Dawes, J. Reeve. W. Mills. Portsmouth, and G. Rickman.
Gosport, contract-butchers—E. Irish, E. J. Whittaker, and
S. Perkins, Blackman-street, Southwark, chemists—T. D.
and T. Cotton, Finch-lane. Cornhill, stock-agents—J. G.
Dallinger and E. P. Coventry, Union-street, Southwark—
E. J. Pugh aid J.P. Rowsell. Devonshire-wharf, BlOS:side,

coat-merchants—J. Adams and J. Platt, Liverpool, cart-
owners—J. R. and J. Pretty. Bilston, Staffordshire. iron-
mongers—T. and C. Vining. Bristol, eorn-factori—J. Thom.
A. Smith. and J. F. Salter, Halifax. Nova seotia—G. Wil-
son, G. Browne, and J. St. Rube, Betts-street. Itatcliff-
highway. brewers—J. Kay and J. Shepherd, Bury, Lan-
cashire, machine-makers.

INTERESTING CASE-WATERFORD ASSIZES.

Before the Hon. Mr. Justice FLETCHER.
TRIAL or MICHAEL CkoBlll6 FOR TUE ALLEGED MUR.

PER or JA3163 LILI:111 T.

This ca•c derived its interest not so much from the
facts adduced in evidence, as from the law relseeting
them laid down by the Judge in his summing• up. The
deceased, James Bluet, was one of the party of moan-
taieeers of three hesedved or upwards, whocas was re;
kted in Tag Sro.ramow4 some months aro, 414 eel;
lected to defend their supposed right to cut turf at
Slieve Green ; the prisoner was one of the constables,
who with some dragoons were called out, under the
direction of the Sub-Sheriff, to disperse the crowd. The
Sub-Sheriff, Mr. Maunsell, had taken into custody
some of those who had resisted, and, according► to the
evidence of Thomas Hayes, on the part of the prosy-
cation, Michael Crosbie was one of the part• who were
escorting the rioters so taken, and these prisoners ap-
peared likely to be liberated by their conspaeions.—
Hayes heard a man call out, "Come on ! they have
nothing but powdi r:" Heard Mr. Matinsell, the Sub-
Sheriff, repeatedly call to the mob to keep oft'; saw
men to the left of the road, with slaves; a dragoon
went towards them and shook Isis sword ; saw one of
the men make repeated blows with his slane at the
dragoon, and heard the Sub-Sheriff order the party to
fire at him ; no shot was fired previous to this order.
Mr. Mannsell, on the part of the prisoner, described
the various circumstances respecting the affray, and
stated, that having ordered the dragoons to teinove the
people from the road, which he did not think it safe
to pass wit his prisoners, while they were so close to
it, one of the party took up his slane and made a blow
at the dragoon who had shaken Isis sword at the man
to retire, and struck his horse on the head ; the horse
shrunk back ; the dragoon gave him the spurs and
pressed him again towards the man, oho then made a
second stroke with his :lane at the dragoon, which the
dragoon parried with his sword, and the man bad his
static lifted to make a third blow at the dragoon, when
witness considering the life of the dragoon in danger,
and that this attack was the commencement of a more
general affray and attempt to rescue the prisoners, and
that the lives of his party and himself were in danger.
therefore ordered that the said person should be fired
at, which was immediately done, and witness saw him
fall. Has no doubt but the mob were determined to
rescue the prisoners, and witness thought himself and
his party in great danger.
lhe case being closed, the Learned Judge in sum-
ming up, called the attention of the Jury to the evi•
Bence given before them. lie said it was not denied
that a person, named Blum., had unfortunately lost
his life by a gun-shot wound, but the point for the
Jury to consider was, whether, under the circumstances
detailed to them in evidence, there appeared to a rea-
sonable mind a necessity to fire on the party they had
heard described as being assembled. The material
facts disclosed on the trial were, that Mr. Maunsell,
the Sub-Sheriff, who appeared to him (the Learned
Judge) to have conducted himself with caution, mode-
ration, and humanity, on the occasion, was, with a
small party of soldiers and constables, one of whom
was the prisoner at the bar, escorting a great number
of prisoners, that had been that day taken in the act
of committing the outrages the Jury had just heard of ;
that, on the Sheriff and his party leaving the town of
Clashmore, horsemen were seen gallopping furiously
past them, in the direction of the mountain over which
they had to go ; that, as the Sheriff and his partygot
farther on, and out of the enclosed lands, horns were
sounded and answered by shouting of several persons;
throwing up their hats, and making other concerted
signals; that a vast number of persist's, of the dmictip•
don and armed as the Jury bed•beard, had collected
together in different bodies, sad, thessils .tepeatedly
warned to keep off, were closing on'the Sheriff and his


party; and 'that 'mit of them actually s Fad
made repeated blows of a sharp initritasent it'
goon of the Sheriff's party. Here the Learned:kip:
lased goat it was his slaty to tell the Jary what the-
low Arse ; aaci ia a oast Able and eloquent meson;
wide ft is sot possible for as to attempt to follow, re-
peated to she Jury tie doctrine of the law, as 4presie4r,
to the former Jury.
[The following is the law as laid down by Mr. JD.
lice FLIITCIIIIR on that occasios]c..-
Geetlemeu, where a large mass of people osamobles.,
and continues to assemble, contrary to the orders of
-the magistrates, and of every other civil authority,,
and creates terror in his Majesty's subjects,- undoubt-
edly such assembly is riotons.—(Here the Learned
Judge read the following extract from a recent work,
.6 Russell on Crimes and Misdemeanours," which he
highly eatogised, vol. i. p. 3334 if if any perms,
seeing others actually engaged in a riot, joins him-
self to them, and assists them therein, he is as mach a
rioter u if he had at first assembled with them for the
tame purpose, inasmuch as he has no pretence that he
came innocently into the company, but appears to
have joined himself to them with an intention of se-
conding them in the execution of their unlawful en-
terprise k and it would be endless, as well as superflu-
ous, to examine whether every particular person en-
gaged in a riot was in truth one of the first assembly,
or actually bad a previous knowledge of the design ;
and the law is, that if any person encourages or pro-
motes, or takes part in riots, whether by wordy, signs,
or gestures, or by wearing the badge or ensign of the
rioters. he is himself to be considered a rioter, for in
this case all are principals. The inciting persons to
assemble in a riotous manner appears alto to have been
considered as an indictable offence." His Lordship
then continued—" It is not only Lawful for the civil
authorities, but it is their bounden duty and they only
are authorised, to assemble a for. e, and even if neces-
sary, to call out the military to disperse such illegal and
dangerous meeting. No person can accuse me of a wish
to call for the assistance of the Military, whenever it
can be dispensed with; but you have heard the evi-
dence, and have uo hesitation in saying, that if. un-
fortunately, 30 or 40 of the misguided persons who
were so tumultuously assembled had been killed, it
would not have amonnted even to manslaughter. The

law is thus laid down in the excellent work which I •
have already quoted, vol. i, p. 7:55 :—" Amongst the
acts done by toe permission of the law, for the advance-
ment of public justice, may ba rt•ckuncd those of the
officer who, in the execution of his ot11:.c, either in a
civil or criminal ca)e, Mils a rrsion who assaults and
resists him. The resistance will justify the officer iu
proceeding to the last extremity . so) that in all Cakes,
whether civil or criminal, whcie persons having au-
-illority to wrest or impii)on, and esim the (roper
Gleans for that purpose, are resisted in so doing, they
may repl force with force, aid need not give back ;
an.i if the person ou3king resistance is unavoiolabiy
killed in the stru,:glP, this hini.icide is justiliable.'—
A riut, gentlemen, is a heinous crime, and one which
•is cants o•plated and punishable by law. Any person

present at a large and riotous meeting, altiwagli be
may n,,t be ae:ively engage,' in commit:lug an oat-
_

r,„ e, is in point o guilty of tl.e. crime; and fu:
this simple reason, obvious to counr.on sense, that by
his presence he increases and forms part of that mass
wl►ich creates terror in his Majesty's au:ljects, an►i
gives confidence and encouragement to the rioters.---
Gentlemen, 1 at ..in impress upon your naiads, that
very person present was guilty of the riot, and any
man standing by, even although he may bave had his
han is i t :Jim po.!itets, V:71% as as individual of that
was,, in the eye of the law equally guilty."
Ile azain commented on the swap-, lawless, and
barb:►roos atrocities committed in that part of the
cottutry, where scarcely one of the inhabitants can
spe.►lk a word of English. The Learned Judge, in

•
addition, said, that obeli a riotous mob, of the de•

sctiption they heard of, collected together, hovering
round, and tbro.:tening to assail a public officer dis-
charging his duty---can there be a doubt of their ob-
ject ? Was the Sub-Sheriff, then, to have retreat, d
frotn such a hand of lawless savages? No, gentlemen,
said his Lordsuip, it would have degraded the law,
and hive brought it into contempt; and his attempting
to do so would most probably have increased the au-
dacity of the mob, and have led to nor serious con.
sequences. And if the Sub-Sheriff lead waited until
the dragoon who was so attacked was actually cut
down, the triumph of the mob would have been so
great, that it would have been hard to say what the
consequences might have been. The Learned Judge
then said, if the Jnry believed the evidence of Mr.
Maunsell, and of Thomas [loves, who was produced
as a witness for the prosecution, they should acquit
the prisoner. •
The Jury immediately reterned a verdict of Not
Guilty, and the prisoner was discharged.