Mr. PARKER's clerk cross-examined by Serjeant BOND.

Q. Where do you bring that from, Sir? gifter office in this town.

A. From the re

Q. What the office of the Clerk of the Peace ? the Commiffary Court of the Lord Bishop of London.

A. No:

Serjeant BOND then addreffed the Judge upon some part of the form of the indictment. His Lordship anfwered, "This is irregular, as it came from the King's-bench Serjeant Bond. then entered upon the defence. Upon the conclusion of which, his Lordship addressed the Jury.

༢་

JUDGE. Gentlemen of the Jury; This is an indictment against Cole and feventeen others, for riotoufly affembling on the 14th. of July, 1793, in the parish of Great-Bardfield, and interrupting and otherwife abufing a congregation of Proteftant Diffenters. This is the charge in the Indictment: and where a number of perfons affemble to the amount of three, or more, to carry any thing by violence, whether the object of the affembly be lawful or unlawful, it is criminal. Upon this occafion it is evident, that the object of the defendants was to interrupt a number of people in their devotions, who had a right to worship God in their own way. A right which ought to be fupported in every country, particularly in this. The confequences of the punishment, as has been reprefented

* We cannot but lament the difagreeable fituation in which the learned Serjeant flood; he was impelled by the virtue and weight of many hard, orbicular, Shining arguments, to undertake the defence of a defperate gang of rioters, who dare not produce one witnefs, either to exculpate themfelves, or criminate the Profecutors. It was therefore a fruitless attempt to wash the Black-a-moor white, efpecially when the great Orator run the hazard of facrificing Juftice and Truth, Reafon and Common Senfe, to the fhrine of Mammon. However, fomething muft be faid in defence of the good old caufe of Perfecution! But as it would be tedious and perfectly infipid, to infert all the Words which were used on this occafion, to amufe the jury, and confole the Rioters and their opulent employers, we fuppofe the following extract of this curious Oration, will abundantly fuffice moft of our readers.

"My Lord: Gentlemen of the Jury. It is my duty to flate to you and to make fome obfervations in favor and behalf of these defendants who are indicted to the number of eighteen by this profecution, and who are to be feverely dealt with in the Court of King's-Bench, from whence this caufe comes. But it is the happiness of this country that before any perfons can be dealt with, with feverity, "they fhall come before a jury of the county, who have in their diferetion and their judgment to pronounce the defendants guilty, or not guilty, of the charges imputed to them; which if the jury think there is not fufficient ground to accufe the party, they then of courfe acquit them. And I fhall leave this cafe to you on that ground, whether you in your confciences, believe that thefe eighteen perfons of the low defcription they are ftated to be, have been guilty of that breach in fociety which is imputed in this indictment; whether you will deliver them over to that fevere juftice which you understand is to be the confequence, if you, upon your oaths, find them guilty. And I am perfuaded you will be tender and cauti ous of the property, independance, and liberty of your country, and of thefe poor defendants who are now brought before you. And unless you fee that every one of them are guilty, you will not deliver them to the fentence of that court where feverity will be fhown them; and from some late transactions we know not to what length punishments will be carried!

"Gentlemen

fented to you, that is to fall upon the defendants; with that you have nothing to do. If you are of opinion that they are guilty, however it may opprefs the offenders, for which they may thank themfelves, you are to pronounce them guilty. It is for you to confider whether the defendants were met together to form this defign; to prevent Mr. Jenkins and his friends from continuing to meet for religious worship in Bardfield. You must be fatisfied that each of the defendants, you find guilty, were uniting to prevent these people continuing there, by violence and force.

Gentlemen, The evidence which has been produced is this: Firft, Mr. Jenkins is called, he tells you that on the 14th, of July he went to Great-Bardfield, &c. [Here his Lordship repeated the evidence as before stated.] From this evidence, it feems, there has been upon this occafion, as ferious a Riot as was ever known. It is serious both in its object and in its nature. They were affembled for the purpofe of worshipping God in their own way. If the defendants did not like it, all they had to do was to have gone to church: We find, fome did go to church, but during the time they were there, they left Brittain with a stake in his hand to keep fentery over thefe people. We find they wished to go: in-, deed it was proved by Mr. Jenkins himself, that he was defirous of going to preach at Weathersfield. ing, hallooing, curfing and fwearing, breaking the windows, and various other means made ufe of to obtain their object; which put thefe people in danger of their lives.

You find there were hout

Now it does feem to me, that every one of the defendants are equally guilty, except fome whofe names I fhall mention to you, which if you think with me, you will find not guilty. You will always lean in favour of mercy where you can, but in finding these guilty you will do juftice and your duty.

Gentlemen,

"Gentlemen, I wish to state to you, that this is no ordinary profecution commenced at the Seffions, aud carried on there; but is removed from thence to the King's-Bench, and fent down by record to be tried at this Affizes. This is out of the common courfe of proceeding. They have not brought it before the Magif.. trates of the county, who know the people of Bardfield, who knew how to adapt the punishment to their crime, if they were guilty of any. And when you confider that these poor labouring men, are taken out of the common process, are carried to Westminster-hall; you will find that thefe pious people are acting in a different way, than a common person acts merely to bring them to justice. I know how little able these poor labouring men will be to cope with all that is to be done, after you have found them guilty of this cffence: I know the fufferings and the morfel of bread that is torn from them, to make any defence in this court to day*. It is on this ground I come forward to reprobate the prosecution which is carried on in this expenfive way, and which in itself appears to be a profecution that might better have been spared than brought into a court of juftice.

The learned Serjeant was led, either by his inftructions or imagination, to mifreprefent this part of the cafe; for it is well known, that the defence was made at the expence of those who hired them, and were obliged to fupport them for fear of an impeachment; fo that when they returned from the quarter fellions, which they appeared at when the caufe was removed, they came home drunk, and fet the bells a ringing at midnight, perhaps, without the consent of the p-r-n whofe houfe adjoins the church-yard.

D

Really,

Gentlemen, William Smith the farrier is an exception, he faiđ that if they would promile not to come again, he would interfere with the mob and disperse them, fo far as Smith was concerned, that when he found Mr. Jenkins thought it his duty to refuse making fuch a promife, he fays, "You must take the confequences:" So that it does feem to me that Mr. Smith is not, at leaft, equally guilty with all those.

It

"Really, Gentlemen, where religion is established as in the government of this country; where we hear of a most respectable MINISTER of the parifh, Mr. PHILIPS, every Sunday attending his flock; I believe you will think, that they came to introduce darknefs rather than light, or what is worfe, chaos and confufion. The people had been tried before whether they wished for an introduction of this fort into the parish of Bardfield; that being the cafe, one would have thought they might have gone elsewhere. There was the whole continent of America full of heathens; there was the coaft of Africa, they might have gone there, rather than oppose Mr. PHILIPS. We fee, that these tabernaclers were affembled in a baking-house. A house where they are baking puddings and bread all the week, was on the Sunday morning turned into a conventicle. We find there had been a general diflike of these people in the parish. I have asked the witneffes whether they did not meet with Mr. Cole's daughter on the way. They fay they did not, but when a man is to be fent to the King's-Bench prifon, or fent I don't know where, from his wife and family; I think you will confider a little, the motive from which he firft interfered with this bufinefs, and to examine this teftimony when he faid, "you, Mr. Parfon, have been frightening my child into fits." This shows what was the object of Mr. Cole. He thought that fome of those perfons, whether true or falfe, I will not take upon me to decide. But the answer was, they had been disturbing the child and driving her into fits*.

[The learned Serjeant, after expatiating upon th cruelty of Mr. Blake's attempt to awaken the wicked inhabitants of Great Bardfield out of their fins, by introducing the Gospel of Chrift among them; and after endeavouring to palliate the guilt of the rioters, who on this important occafion manifefted fuch flaming zeal, against Repentance and Reformation, concludes his long harrangue in the following remarkable words.]

"Gentlemen, I doubt not but you fee, it was too great a zeal and love for that religion their forefathers profeffed; a zeal for the good old caufe, † which brought forth these men, and not that "malicious intent," as Mr. Blake calls it. These are most of them labouring men, they might not know what is right and juft, they have not the capacity you or I have from a better education. But if the intention was good; if thefe men are forry for what they have done, if they have offended; and I conceive this to be the cafe; you will not deliver them over to the Laws of the Country! under these circumftances I have confidered the cafe, and under these circumstances I now fubmit it to an Effex Jury."

*This filly ftory, about the Preacher's frightening Cole's child; though many able heads and active hands, were a long time employed in kneading and rolling and forming it into a tenacious fubftance for baking, yet when brought piping hot from the p-r-n's oven into the Court, it was found to confift of fuch frangible ftuff, that it dropt all to pieces, to the great aftonishment and grief of the Rioters and their worthy Fellow-labourers !

+ Zeal for the good old Caufe!--By this elegant and heart-affecting expreffion, does the learned Serjeant mean, the good old caufe of Popery and Perfecution, which was in its meridian fplendor in this country in the days of Queen Mary P Then indeed the zeal of its devotees burft forth into fuch tremendous flames as illuminated all the inhabitants in the vicinity of Smithfield, when Bifhop Bonner and his execrable crew, adopted the expeditious and powerful method of convert ing pious Proteftants from their mental errors, by burning them alive at a stake!

It seems also there are fome others that are not fo guilty, partieularly William Dixon, he was in the mob, and fo were many others. James Rumfey seems to be another; he fays, "I have no ill-will towards you, but the gentlemen don't like your coming." I think it will be too much to fuppofe that the witneffes fo accurately recollect the expreffion as to convict him. Thomas Hill is another; all that has been said against him, is, that " he seemed 'to take a part with the mob." George Noon is another. I don't find that Ketley was a man violent; now if he was not, it was impoffible that Blake fhould know by his difpofition that he took part. With refpect to the others, you find, one strikes Mr. Barker; another kicks him; another pulls Mr. Jenkins; another ftands with a bough in his hand keeping fentery; and one man brings beer, as it were, to relieve the man who was keeping fentery, &c. Then if you find that you agree with me you will of course find them guilty.

Affociate, Gentlemen, confider of your Verdict *. [Six were recommended to mercy, and twelve to be convicted.] Verdict: Thomas Cole, Robert Holmes, Henry Brittain,

GUILTY.

* A few minutes after the Jury had laid their heads together, there seemed a confiderable demur; and they were rather noify. At length the foreman turned round and requested the names of the two men who ftruck Mr. Barker; obferving at the fame time to his Lordship, that they intended to clear the reft, becaufe they thought if the conftables had been called in fooner they might have been releafed. His Lordship anfwered, apparently with great diffatisfaction, "How "could men, furrounded as they were by fuch a defperate mob, go out for the "conftables? Mr. Jenkins proved to you, that they earnestly wished to go to preach at another town. "Befides (added his Lordship) you should remember "that they fent off men to a magiftrate very early in the day, but they could "not return before that late hour. And again,, there were three equally bad; "But however" (faid his Lordfhip appathink they were not there, don't find them

"what will you do with the third? "rently much difpleased) "If you "Guilty!"

The conftables were among the worst in the mob; and had it not been for a millake, they would have been indicted with the reft. However we hope that their efcape will have a good effect upon them for the future.

On Saturday, March 15, 1794, was tried an indictment against Thomas Cole and Robert Holmes, for an affault on Samuel Barker, committed on Sunday, July 14, 1793, and they were found GUILTY. But as little would appear to the reader that was new, except a few observations of the learned counfel, the detail account is omitted.

An account of the trial of another indictment for an affault, which was committed on Wednesday, July 10, 1793.

The KING verfus James Calek.

Mr. GRIMWOOD ftated the indictment.

Mr. GARROW. May it please your lordship: Gentlemen of the jury. I abferve you have a proper fenfe of your duty, and therefore I have no doubt if the witneffes whom I fhall call, prove the defendant guilty, you will give your verdict accordingly.

D a

Mr.

Mr. HEATH examined by Mr. GARROW.

Q. Mr. Heath, you are a preacher of Mr. Wefley's perfuafion, and refide at Colchefter, I believe? A. Yes, Sir.

Q. On Wednesday the 10th. day of July, did you preach at Bardfield.

A. Yes, Sir.

Q. During the time of the fervice were there any number of perfons affembled about the house? A. There were a great many, probably fixty or feventy.

Q. When the service was over, did you come out of the houfe to go home, or where were you going? A. To Weathersfield. Q. And what did you obferve on the outfide of the houfe?

A. A great many people gathered together and making a noife with a drum, rattles fuch as the watchmen ufe, horns of several kinds, tin-kettles, and various other things, in order to disturb me. and the congregation.

you

Q. And what did do ? A. We proceeded towards Weathersfield, and my friends and I, on our way, were much abused by the mob.

Q. Was James Calek one of the perfons ? A. Yes, Sir. Q. In what manner were you treated? A. They got boughs of trees, and fome matting, which they dipped in water and rubbed them in the duft, and then rubbed me on the back with them. Q. What more? A. A little further I was stopped in the

road by the mob.

Q. What number were there then ? A. I dare fay two hun dred.

Q. And you could not proceed on your journey? A. No; I could not proceed for a confiderable time, being hindered by the mob, but particularly by Sarah Brittain.

Q. We won't enquire on the prefent indictment, what fhe did: What did Calek do ? A. Being prevented from going forward in the lane, I got into the adjoining field, in order to run away from the mob; but after I had run a confiderable way, I was ob liged to ftop.

Q. Why did you stop? A. I was fo fatigued that I could not proceed.

Q. Did you apprehend any danger ?

of my

life.

A. Yes; I was afraid

Q. You ftopped in confequence of your fatigue; what did Calek do then? A. He came up, and pushed me with great violence on my back feveral times, fo that it was with great diffi culty that I avoided falling on my face.

Q. What more, Sir? A. He ftepped before me and retarded me in my path, fo that I could not proceed.

Q. Where were the mob then?

A. They were advancing as I advanced, and flinging rotten eggs and dirt art me of various kinds.

Q. What fort of dirt ;---any filth ?. A. Mud, and that fort. Q. Did they do it frequently ? A. Yes, Sir. Q. So that you apprehend (upon your oath) you was in ferious danger of your life? A. Yes; and my face and back, and all

over