The Statesman. — 1818-07-25 (London, England)

MUSSELWHITE, CHARLES DREW, AND JOHN HERBERT TEWKESBURY. This was an indictment traversed from the Sessions for a breach of the peace, and riotons conduct on the first day of the Election for Wiltshire, in which  ti iße feint ebt lto, wtSoenunsuccessful fro from a Candidate,bludge orne,ceni vue a dd had vtihoe windows of his house beaten in. Mr. Serjeant PELr. stated the case for the proses Winn. He said, that although on such occasions allowance -ought to be made for the effervescence of public feelings, yet this was a case attended byso many aggravated circumstances that it would have been improper to hate passed it over. Mr. Tinney, no one could doubt, was an able and zealous sup. porter of Mr. Benett, but he had not passed the boundary of discretion. The evidence which he should have to lay before the Jury would show them that on the evening of the 24th of June, about twelve or fifteen persons followed two of Mr. Tinney's clerks from the "%Visite Hart, where Mr. Benett's Committee sat, to Mr. Tinney's house, and were insulting them. The crowd gradually increased to nearly two hundred, who were extremely clamorous in crying, " Wellesley for- ever ! No Benett !"-M. 'Finney came out and requested the mob to dia. prise; and on the refusal he attempted to seize Macklin, who appeared to be a ringleader, but was struck on the head by a person from behind with a bludgeon, and taken into the house senseless. The fact of the riot becoming known, several special constables were dispatched, but did not arrive in time to prevent the demolition of the windows Mr. Tinney's .house. The constables again urged the mob to disperse, and on a further refusal they took several into custody, among w horn where the present Defendants. The blow which Mr. Tinney received was of so serious a nature that it might have proved fatal, and all the Defend. anti might have been legally considered as` guilty of murder. However, he only desired the Jury to con'grief of the riet and assault, which they couldot fail to. Mr. Justice Pass~—" Brother Pell, there can be no doubt they would be guilty of murder." Mr. Serj ant PELL hoped that this would be well understood in future by such as were disposed to embark in transactions of this disgraceful kind; that they—would reflect that zeal had its limits; and that private wishes must be expressed and acted •upon under the restraint of the law. He was quite certain that noire of the Prisoners bad acted under the sanction of any of Mr. B.'s competitors, and he was also certain that none of the Defendants were qualified to vote, consequently they must have gone upon the impulse of their own evil di3positions. 'Whatever might be the individual opinions of persons, neither those who were Candidates for a seat in Parliament, Isar their agents, ought to have their lives put in danger. The Corporation who now prosecuted, sought only for the preservation of public tranotfllity, and it was anxiety for that alone, which induced them to seek punishment in the presept hivatice. Mr. P. M. Chitty and Mr: J. I'eru Tirinee spoke to the facts of the risk in the sante terms stated by Mr. Serjeant Pell, as did also two special constables, and Mr. James Sutton, a Member of the Corporation. Mr. GRANT addressed the Court and Jury on the part of•Cha ries Mew, and contended that upon the evidence his Client must he acquitted. Mr. Ni ERE WETHER then at considerable length, and in a speech which displayed a very great portion of ingenuity and argument, urged that his Clients must he acquitted, inasmuch as Mr. 'Finney's own conduct its attempting to seize a person in the way he did, provoked the riot. Mr. Justice l'aest slammed up the evidence, and expressed his opinion that if the Jury believed the nit. • nesses, they must find the Defendants guilty. The Jury, after consulting some time, found the Detention's Guilty of the riot, but not of the assault.  Mr. Justice PARK observed, that if the Jury found the Defendants guilty of partaking in the riot, they must also find them guilty of the assault. The Jury again consulted, and etquireti if they could find a verdict of guilty against Macklin, who was taken with a bludgeon in his hand, and acquit the other. Defendants. On being answered by the Learned Judge in the allirmative, they returned a verdict of_Guilly against .'Macklin, and acquitted the others. Mechlin was then sentenced to one month's imprisonment.