The Statesman.
London, England, 1821-01-05 00:00:00

Tag STATII

of the case to the Jury, he pointed out to them the I
necessity of repressing by their verdict the dangerous
practice of defeating the ends of justice by attempt-.
ing to rescue persons who should be taken intst ens-
tod y for offen etc
James Whaley said he was a constable belonging
to Bow-Street, aid that on the 31st of August he was
in St. James's square, when a person named Mill,,
was taken into custody. That person was scarcely
apprehended when a mob, consisting of 200 or 300
persons cried sat in a violent manner,—" rescue hint
from the blood hounds." They then began to throw
brick-bat and stones at the constables. Mr. Mills
in the meantime was pat into a coach, and as they were
conveying him along the Strand, the mob still follow-
ed and continued assaulting the constables. The wit-
ness and other constables were guarding the coach
and trying to keep the mob away. As they were
' coming by the Hungerforel CocitA-house, the witness'
perceived a stone or a brick-bat passing close to his
head; he immediately turned round, and saw that the
prisoner, who appeared to he at the head of the 'nob,
was the man who threw the stone. He immediately
jumped down from the coach, and laid bold of the
prisoner, who tried to get away from him. With the
assistance, however, of the other constables, he secured
the prisoner, and took him away in spite of the mob.
Cross-examined by Mr. Asnacwiva-lle was riding
on the outside cf the coach. He Allipt great danger,
but not so much alarmed as not to know and recollect
every thing that passed. The mob first began to
throw brick-bats in Cockspur-street. The prisoner
was charged as a pickpocket at Bow-streeti witness
did take two handkerchiefs from of him, -he dial so
merely to ovcrhawl him; he never had known him as
a pickpocket. Taunton, the officer, did not tell wit-
ness he had got hold of the wrong man. Witness was
I not examithil at the trial of Mills at Flerkenwell ; he
did not know whether the Queen went to the House
of Lords on the day in question ; but she was in St.
James's-square.
W. Wootton, another pat role belonging to Bow-street,
said lie was following the coach, and saw the prisoner
at the head of the mob hallooing; they were throning
brick-bats, and calling out to rescue Mr. Mir.. Wit-
ness had his head cut it ith a brick-hat: saw the pri-
soner the moment he was taken int.) custody.
On cross-examination, he said he never heard now
ton say they bad got the wrong man.
Mr. AN tolen a addressed the Jury on behalf of the
defendant, and contended that his person was not so
well identified, nor the act sworn against him suffi-
ciently proved, tir warrant the Jury in finding him
guilty. The fact, as he had been given to under-
derstand, was, that this man was at the time going
about his ordinary business, and was endeavouring to!
force his way through the mob, which was collected
in expectation of seeing the Queen go to the House
of Lords; :lad all persons were at the time i'lereated
if they did not take their hats off. He admitted that'
the defendant was there at the time, and nothing was
more likely than that il'halev, in the state of alarm
he must have been in at the time, had been mistaken '
as to the person who threw the brick-bat. lie should
bring witnesses to give him an excellent character.
(Here a woman, who said she was the mother of
the prisoner, interrupted the Court a ith hind dermas
and entreaties, that the Court would bare mercy on
her son. After some ineffectual attempts elmqiienee
her, it became necessary to remove her frgas the
Court.)
Thomas Kerry said he had known the defendant.
The CIIAIRMEY asked if this witness was merely
called to character.
Mr. ANDKEWS said he was.

The C'uAIM►IAS then observed, that M 1 cane of this
kind, which was nothing inure than a common assault,
such evidence was irregular.
Mr. AN tinEws said, he must bow to the decision of
the Court.

Mr. Con :r stated the rase to tic Jun•, and the
only question they had to try was, whether they be-
lieved the witnesses for the prosecution, as to the ri-
mier taking an active part with the mob, and being
the person who threw the stone.
The Jury, without retiring, found the defendant....
Not