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SUMMER ASSIZES
The following were sworn on the Grand Jury:
Sir W.L.S. TRELAWNY, Bart., Lord Lieutenant of the County, Foreman
The Hon. G. M. Fortescue.
C. P. Brune, Esq
Sir C. Lemon, Bart
J. Gwatkin, Esq.
E.W. W. Pendarves, Esq
J. D. Gilbert, Esq
. W.H. P. Carew, Esq
E. Archer, Esq.
T.J. A. Robartes, Esq
W. D. Horndon, Esq.
C. B. G. Sawle, Esq
W. Hext, Esq.
G. W. F. Gregor, Esq
W. Peel, Esq.
J. K. Lethbridge, Esq
H. Thomson, Esq.
F. Rodd, Esq
W. Morshead, Esq.
The Mayors and Coroners were then called, and answered to their names;
and after the Queen's proclamation against vice and immorality had been
read, his lordship delivered the following CHARGE -
[had read the depositions, and only thought to discuss "a class of offences
which is extremely dangerous to the public peace and well doing of the
whole country. That class is one which comprises three distinct species
of offences. There is the offence of riot, the offence of rout, that
of remaining out unlawfully simply, and remaining out in a state of
riot and tumult after the proclamation against riot is read, and the
parties so out are requested and commanded to depart. I am sorry to
say with respect to one species of offences within that class, it is
attended with particularly dangerous circumstances."]
RIOT AT ST. AUSTELL - JOSEPH HORE, 35, RICHARD WEBB, 27, ELIAS NEWCOMBE,
32, WILLIAM OSBORN, 24, RICHARD JULYAN, 31, WILLIAM HANCOCK, 24, MATTHEW
ROBERTS, 21, JOHN PAYNE, 22, JOHN BENNETTS, 24, WILLIAM BUNT, 46, PHILIP
MATTHEWS, 25, JACOB HANCOCK, 24, WILLIAM TELLAM, 27, CHARLES FAULL,
23, RICHARD KESTELL, 28, AND JOHN COCK, 21, were placed at the bar,
indicted for tumultuously and riotously assembling together on the 11th
of June last, at the parish of St. Austell, armed with sticks, and for
remaining riotously assembled for the space of six hours and upwards,
to the great disturbance of her Majesty's subjects. MR. ROWE and MR.
MERIVALE conducted the prosecution; MR. SLADE, assisted by MR. BENNELLACK
and MR. GILBERT HAMLEY as attorneys, defended the prisoners. The trial
excited considerable interest, the court being much crowded throughout
the proceeding.
Mr. Rowe stated the case to the jury, and then called the following
witnesses: CAPTAIN HANCOCK, of Buckler's mine, said two of the prisoners,
KESTELL and FAULL, worked at that mine, their earnings being from 15s.
to 17s. per week. On the morning of the 11th of June I was informed
that the miners had risen. I saw Kestell and Faull with about thirty
or forty others round a shaft; I asked them why they were not at work,
and they said the report was that the price of bread was risen in the
town the night before, and it was of no use for them to work any more.
Kestell spoke of the flour rising; I asked what are you going to do
in the matter? They said we are going to see what we can do by it. I
said they would only make it worse, and it was far better for them to
go to their work at once.
Charles Faull said we are going on to the higher quarter of the parish
where the clay works are. I asked them what they had to do with the
higher quarter men, and said these poor men are differently situated
from what you are with the wages you are getting. I told them the average
wages in the mine for the last month was more than 17s. a week, and
if they had anything to complain of they ought to come to the agents
at the account house first and make known their complaints. I said they
had as much as we could allow them, and they would bring disgrace upon
us by circulating a report that they were in want. I again advised them
to go to work, upon which they told me the miners in the neighbourhood
were about to rise also. They said they had made up their minds for
it; it was useless for them to work; they wanted to lower the price
of corn. After some time I went back thinking they might go to work,
but as they did not I went again and told them if they did not go to
work I would get others in their place. Some of them went to work, but
the rest who were surrounding the shaft still refused to go to work;
and I heard Kestell say, "we'll go in and rob the shops and shove the
b-rs in the common sewer." I went back a short distance and soon after
about forty of them started, the greater part going towards the turnpike
road.
CROSS-EXAMINED BY MR. SLADE - I knew there was some ferment about this
time among the poorer class on account of the high price of bread. I
did not see Faull in the town in any row that day.
RICHARD MICHELL, captain of a china-clay work, called Blue Barrow, in
the higher quarter of the parish of St. Austell, deposed - On the 11th
of June last, I saw several miners and claymen come into the clay works,
and among them were Kestell and Faull. About forty miners came in and
about two hundred clay work men. I asked what their intention was, and
they said to get the price of corn down. They said it was reported the
day before that Mr. WARNE, of St. Austell, had risen the price of corn
to GBP 2.4s. a bushel, and their wages would not enable them to purchase
it. When they came, all my men, about thirty, were at their work. They
went on through the works and I followed them up to the clay yard. They
had taken the masons from the roof of the house, and I asked them to
leave me one or two, which they consented to do. They afterwards went
away, and all my men went with them except six.
JOHN MARK, a carpenter at St. Austell said - On the 11th of June, I
was working at Blue Barrow clay work, and saw CHARLES FAULL and RICHARD
KESTELL there with others. One of the men "clenched" me to make me go,
and called to Charles Faull, who then came up and also "clenched" me.
I said I must know before I would go what they were going to do, on
which Faull said they were going to get the corn cheaper, and they were
going to level the town if they did not get it. He then took some of
the tools from my hand and carried them into the house, and I went with
them towards Roche. Afterwards we returned towards St. Austell, and
when we came to Carthew, MR. THRISCUTT called me from the rest and said
I had no business there. I went on some way and told the rest I would
go home to change, and come to the town in the evening. Faull took me
by the collar and said I must to into the town with them. I went as
far as Lansellsen clay work, and sat on the hedge by the side of the
turnpike. I said to the rest, there were men by the side of the turnpike
and if they pressed me they must also press them. There might have been
two hundred or two hundred and fifty men scattered about there; they
went on the road and left me behind. After the mob were gone, I thought
as I was near the town I would walk in; the only place I saw Kestell
was at Blowing-House.
CROSS-EXAMINED BY MR. SLADE - A great many more went to see the soldiers
than about the price of corn. HENRY THRISCUTT deposed - My father is
a china clay merchant at St. Austell. On the 11th of July I was at Carthew,
and saw between two and three hundred miners and china clay men there,
the majority of them carrying large sticks. I saw Charles Faull there,
and advised him and others that if they went into the town they should
go as peaceably as they could, and drop those cudgels, as they would
be marked me; but they laughed at what I said. Faull had a large stick
in his hands; I told them it was nothing to laugh at; they had never
been in a riot, but I had, and two men were shot at the time. Faull
said it was as well to be shot as starved. Whilst I was in the shop,
Charles Faull and the miners persuaded some of the claymen to go, and
forced others. They went toward St. Austell, and I also rode into the
town, the road being crowded all the way.
CROSS-EXAMINED BY MR. SLADE - Faull told some of the men to come on,
and others he drove out of the blacksmith's shop. I did not recognize
any of the men at the bar in St. Austell. NICHOLAS KENDALL deposed as
follows: I am a magistrate of this county, and at present High Sheriff.
In consequence of information I received at my own house, I went to
St. Austell on the 11th of June, and arrived there about half-past ten
or eleven o'clock. I had made previous arrangements to get the military
sent on quickly from Bodmin. On my arrival, I found Sir JOSEPH SAWLE
and MR. HEXT, both magistrates, and the Under Sheriff, Mr. THOMAS COODE.
I rather think the preventive force were then in the town, but did not
at that time show themselves. The town then appeared to be very quiet.
About one o'clock, I proceeded to the Town Hall to swear in special
constables. We had information that there was an immense gathering in
the neighbourhood. About half-past two, I left the town Hall in company
with the under sheriff, in consequence of what I had heard. At that
time I believe the military had arrived and were at the Town Hall. Mr.
Coode's house if at the point where the Bodmin road is joined by the
old western turnpike. I went with Mr. Coode towards that house, and
on approaching it found a considerable number of persons collected on
the Bodmin road. I suppose there might have been nearly four hundred
there at the time. As I approached the mob shouted, but what their object
was I could not tell, whether in defiance or not. Most of them had sticks
in their hands, some of which were of enormous size, so large that in
a crowd they could not possibly be used, they were so very high and
large. We entered Mr. Coode's house to view the proceedings of the people
from his windows. I thought that knowing the military were in the town
they might disperse without using active measures; but shortly after
I heard a cry of "Warne's Mills," and this was accompanied by a rush
of the people over the old turnpike western road. Finding that Warne's
mills were flour mills, I said "now we must move." I and the Under Sheriff
were at that time alone. The people went on so fast that we were obliged
to run to get up to them. There are shops on that road, and I saw on
ahead, as I was moving very fast, an entry made to a shop on the left
hand side; they ran in and were out again in three or four seconds.
The rest of the mob were moving on, and I saw others try a door on the
right hand side. I saw a man with something like a large pick-hilt strike
at the door, but it resisted, and the man moved on with the rest. By
this time, I and the Under-Sheriff had got past the mob, thinking it
very desirable in order to speak to them if possible. I then mounted
on a wall and addressed the people. I observed HORE, one of the prisoners;
he was about twenty yards from me, and I saw him very frequently during
the day. I noticed him from his having a very peculiar eye. The mob
were in a very excited state, crying "Warne's mills," and evidently
intending to break the mills open. I reside at Pelyn, and am much interested
in the welfare of the mines of that district. The price of provisions
was very high in the country. I told the mob that under ordinary circumstances
nothing would induce me to hold a parley with them at all, but as I
knew there was great distress in the country I would gladly hear all
they had to say, and advised them to send a deputation to the magistrates.
Several men among them were very violent, and did not wish to send a
deputation, but others were very reasonable, and said "hear the gentleman,
let us send some of our own men," or something to that effect. The Under-Sheriff
then addressed them as being a neighbour and a friend; and that seemed
to produce great effect. They asked what time we would meet the deputation;
I said in half-an-hour, and they then asked for an hour, which was granted.
I said to them "mind my good fellows, don't you keep up a row during
the time," on which they behaved exceedingly well, and promised to be
quiet; there appeared to be an excellent feeling among them. We then
went to the Town Hall. About half an hour later, I received information
about the rifling of a shop belonging to MR. PEDLAR, near the town Hall,
in the Fore-Street. Upon that I said "it may be a false alarm, pray
let as few as possible of us go there; I would not be accused for the
world to have broken faith with them." But when I arrived at Pedlar's
shop, I found there was a great confusion and row. There were some hundreds
there, and the noise was that of persons under great excitement, and
was calculated to excite alarm. When I came I found they were rifling
the shop. I said "what can you mean by all this, do you call this being
quiet?" I said "in the Queens name, I order you to disperse." At that
moment, two men turned round, whom I cannot identify. They bid me defiance,
but did not strike me. They were under violent excitement; they raised
their sticks and were squaring at me. When I arrived there was only
one special constable following me; but when these men had squared up
towards me, the preventive men came up, and I said "preventive men,
take these men into custody this moment;" and after they were taken,
I said "move those fellows as fast as possible to the clink." The preventive
men took them away, having their arms in one hand and holding the prisoners
with the other. I said to the preventive men "quick my good fellows,
as quick as possible." I saw what my position was, and that we were
too few. Then about the length of this table I saw a man evidently preparing
to obstruct me. I was just in front, and the preventive men were close
behind me. When I saw the man about to obstruct me, I said "move my
good fellow, move on one side." That was MATTHEW ROBERTS, the tallest
of the prisoners. He had a stick in his hand of a fair size, but not
as large as many I saw there. He lifted it towards me, and I had him
by the throat in a moment, by the collar. I said "how dare you?" I had
a most powerful constable at my elbow called ROBERTS, and I told him
to take this man on. The constable and myself were left almost alone
at this time. I am not aware that the prisoner Roberts knew I was the
sheriff. The riot seemed to subside for a short time after the capture
of this man, and we met the deputation at the school-room. I had given
them to understand than whoever came of the deputation, I would take
no advantage of them. On my saying I would have nothing to do with them
unless they repudiated the doings of the men at Pedlar's shop, they
said they were very sorry and knew nothing of them. They said they wanted
to have corn lower. I said "this is perfectly impossible; we ought to
be obliged to the persons who would bring us corn into this neighbourhood
at any price, and I doubted whether those who were the most riotous
were in the greatest distress. In my own neighbourhood, I told them
subscriptions had been made to relive the distress; and I said I would
give them my word to call a meeting, and an influential gentleman, Sir
JOSEPH SAWLE, would come forward to assist. "They said I should let
the man out." I said "you mistake your position; I am the commander,
and not to be commanded." At first, they spoke in rather a peremptory
tone, and some of them fought very hard for it; but others said "let's
trust to the gentleman, and we will disperse." They asked me to go to
the Market House to address the people and tell them the understanding
we had come to. I then with the magistrates went to the Town Hall and
mounted a leaping stock in front of it, and addressed the people. Their
answer was "let go the man." I told them as calmly and temperately as
I could, that that was impossible; I could not be dictated to, and would
make no promise directly or indirectly. I advised them to go home as
speedily as possible. Nothing could exceed the anxiety of the Under-Sheriff:
being a fellow-townsman, and having influence in the place, he did all
he possibly could to induce them to keep order. At that time I observed
the prisoner Hore frequently, and I recognized Philip Matthews as being
very active. I also recollect seeing John Paine; the two were together
and very active; I do not recollect any particular expression, but I
had my eye on them as busy active men. William BUNT I saw under the
leaping stock and also Hore. I said to Bunt "my good old man what business
can you have here; you show a very bad example; do go home, this is
coming to a very serious matter." I said "I am trying all I can by fair
means, but mind me, eventually I will have peace and order," or something
to that effect. I don't know what led to his answer, but I recollect
very well his saying "it is as well to be shot as to be starved." Cock
I recognized after I left the leaping stock, standing on it. I said
at that time, "Mr. Under-Sheriff, speaking on our part will do more
harm than good; they will think it cowardice; I shall take my course;
I shall speak no more." I then returned into the Town Hall. After that
the Under Sheriff warned them from the window, and was so anxious that
he went down and talked with them. After that I went through the process
of reading the riot act. There were constant shouts of "let out the
man." There was a dense crowd, and I heard expressions of "force for
force." After the riot act was read the soldiers were ordered to load
behind the grill. The commanding officer proposed loading outside, but
I said they had better load inside that it might be seen I was determined.
The infantry were then formed outside the Town Hall with fixed bayonets,
upon which, as they were filing out, some of the mob attempted to get
by the side of them; their object was to let the military pass out and
get in their rear. I said that rather than do that they must have the
bayonet. I recollect that old man Bunt standing there; I said "you stupid
old fool, don't you have the bayonet into you." and I put him on our
side. Previous to forming the military an arrangement was made. Captain
Johnson insisted on having one magistrate at his elbow, and Mr. Hext
remained with him; Sir Joseph Sawle stayed in charge of the preventive
men; and I asked those who wished among the special constables to volunteer
to go in front of the soldiers, and see if we could so without their
assistance. It was arranged that after the military had cleared a small
space in front they should open and allow us to pass; that when I fixed
my eye upon a man I should point him out to the special constables,
who would take him and pass him back, the military closing again to
prevent a rescue. The first two or three men I believe were astonished
at being taken so speedily. I put my hand on most of the men, and the
constables then took them; among those I put my hand on were the prisoners
Payne and Matthews. There was but a slight case against one of the men.
The streets were cleared three times I think at the point of the bayonet,
and this old man, Webb, was constantly coming back, until, at length,
as he was so big and so insolent, I said we must take this man into
custody. I thought he acted from ignorance, and should be glad to have
been spared taking him. He said he was determined to go that way for
tobacco; he had gone that way so long he was determined to go that way
again.
CROSS-EXAMINED by Mr. Slade: I was so fearful that the mob would get
behind the soldiers that I said "none of them must get here, if they
must have the bayonet let them have it," so determined did they appear
to get there. The soldiers filed out very gradually; before a single
man was taken they were told to go; they could have turned, although
I don't mean to say that any man could have gone easily, he must have
pushed away; but they did not show any inclination to go away, they
seemed most determined. I read the whole of the riot act from a book
handed me by Mr. Shilson, my legal adviser. I think it possible that
Roberts might not have struck me when he raised the stick, because when
I laid hold of him I observed a change come over him; his eye dropped.
The men given in charge of the preventive men got away.
THOMAS COODE, Under Sheriff of the county, was then sworn, his evidence
being principally corroborative of that given by the Sheriff. In addition
he deposed that on meeting some of the people he said to them, "I would
advise you to throw away those weapons in your hands, upon which one
man replied, "no, I shall not, for by and bye it may be useful." I saw
the prisoner Hore and said to him "you cannot expect that the corn factors
will bring corn into our neighbourhood if they are liable to have it
taken from them." There was a general answer then made by the people
that my observations were very reasonable. I said there was no corn
in the farmers' hands, that they must depend upon the corn factors,
and that I had been the means of bringing corn into the neighbourhood
to supply the people's wants. Before the riot act was read I leaned
out of the window and addressed them as a fellow townsman in the most
persuasive language that I could use. I begged them to go home in peace,
for the sheriff was about to read the riot act, and if he did the consequences,
I was afraid, would be very serious to some of them; I told them the
consequences if they remained an hour after the act was read. After
the act was read, Mr. Kendall said it was useless to try any more in
the shape of persuasion. I said I will try at all events, and I went
down to the gates of the Town Hall and spoke to the people through the
bars. Hancock was there and said "we will resist force by force, we
won't go away alive without the man." I entreated the women to go away,
and begged those persons who were there from mere curiosity to depart.
I said to Hancock, "aft the expression you made use of to me I entreat
you to go, for from this time you will be a marked man." He again said
he would not go without the man. I told the people that as to resisting
force by force it was absurd, as I had seen the soldiers load with ball,
and they had been commanded by the officer to fire among the people
and not over their heads. I said that if the threats of resistance were
carried out, the street would very shortly be flowing with human blood.
Some one in the crowd replied that it was as well to be shot as to die
from starvation; another reply was "If we are prepared to die we may
as well go now as at another time." Shortly after this the streets were
cleared.
MRS. HANNAH ROWE said, my husband is a baker at St. Austell. One of
the mob came into my shop with a pick hilt, and also others. They asked
for something to eat. I said "wait a moment," but they said they could
not wait. The man with the pick hilt then took the bread and threw it
among the mob. I pushed him out, and he came in a second and third time,
when he held up the pick hilt and said "if you don't go out I'll scat
your brains out." They did not quite clear my shop.
JOHN BUDGE, a flour dealer at St. Austell, deposed - On the day in question
the prisoner Bunt came into my shop and inquired the price of flour.
When I told him, he said "that price won't do; we'll have it cheaper."
I replied "I cannot sell it for less," to which he answered "we'll have
some for nothing; you'll be the next that we'll come to." At the same
time friendly persons came into my shop and advised me to put up the
shutters, which I did.
EDMUND BROWNE said - I was sworn in as a special constable on the day
in question, and was in the street where Pedlar's shop is, when it was
rifled. The mob came there in considerable numbers armed with sticks
and bludgeons, with noise and violence. I saw a rush to the shop door,
and being a constable I attempted to get in, upon which I was thrown
across a barrow in the street. I subsequently saw the prisoners Newcombe,
Osborne, Hore, and Webb taken into custody. Newcombe I think was pursuing
his business, and Webb, I believe, is not very strong in intellect.
WILLIAM HART, constable of St. Austell, said - I was present when the
riot act was read, and noticed the prisoner Cock several times addressing
the mob. After the Sheriff had been requesting the people to disperse,
Cock got up and said, "if you let out the man we will go quietly; if
you do not we will take him out by force; if you meddle with us it will
be death for every one of you; we will have life for life and blood
for blood." The mob cheered him for what he was saying.
The REV. THOMAS JAMES BENNETT deposed - I was at the time in question
a clergyman living at St. Austell. I was repeatedly present reasoning
with the mob that day, from two o'clock, I believe, till nine at night;
as some of them were from my own parish I thought I might have influence
with them. I saw there Hore, Payne, Cock, and Matthews. Cock addressed
the mob from the stepping-stock, but from the noise I could only hear
the concluding words, "life for life, and blood for blood." Several
special and other constables were then called, who had taken the prisoners
into custody and spoke to their identity.
JOSEPH ROBINS deposed - The prisoner Kestell said to me, three weeks
or a month before the riot took place - "you are a pretty fellow making
such a price of corn." I told him it did not concern him; he had better
go on. He said he would have my flour house down by another week, and
if the mob should rise he would be the foremost man, and down it should
come. CROSS-EXAMINED - I should think Kestell had been drinking a good
deal when he made use of this language.
Mr. SLADE then addressed the jury in behalf of the prisoners. He contended
that from the circumstances attending this riot, it was evident that
the great delinquents had escaped, and those at the bar were only the
minor culprits, who were in the town from a motive of [curiosity]. He
then [covered] the evidence that had been given, and contended that
Webb, Newcombe, Hore, Osborne, Julyan, and others were clearly entitled
to an acquittal.
The UNDER-SHERIFF said he believed Webb was a man of weak intellect,
and was not in the town at the time of the riot; Hancock, he said, was
a hard-working man on all occasions. A great number of witnesses were
then called, who gave each of the prisoners a good character. The learned
Judge then summed up with great care and at considerable length. The
jury ACQUITTED Webb, Newcombe, Osborne, Julyan, Bennetts, and Jacob
Hancock; but they returned a verdict of GUILTY against Hore, Roberts,
Payne, Bunt, Matthews, Tellam, Faull, Kestell, Cock, and William Hancock.
They recommended Matthews, Payne, and Tellam to mercy on account of
their good character.
The sentences were deferred until the next day. MONDAY, AUGUST 2 JOSEPH
HORE, WILLIAM HANCOCK, and WILLIAM TELLAM, who had been convicted of
rioting at St. Austell, were arraigned on an indictment for being riotously
assembled at St. Austell on the 11th of June, and with feloniously remaining
one hour after proclamation had been made and the riot act read. Mr.
Rowe, on the part of the prosecution, stated that no evidence would
be offered on this indictment, and the Judge directed an Acquittal.
The prisoners who had been convicted of rioting, Joseph Hore, William
Hancock, Matthew Roberts, John Payne, William Bunt, Philip Matthrews,
William Tellam, Charles Faull, Richard Kestell, and John Cock, were
subsequently placed at the bar, and the learned Judge addressed them
as follows: You have been convicted of having been concerned in a very
dangerous riot. This county, it appears, has been distinguished from
any others for its peace and good order, not only among persons of your
class of life, but in other classes in times of public calamity and
distress; and it is to be lamented, under the circumstances of the present
case, that so many of you, who are able men, and most of you young men,
capable of maintaining yourselves honestly, and at the time in good
employ, should have been led to associate for the purpose for which
you now stand at the bar. It does not appear, whatever might be the
public calamity, that any of you were in that state of distress as to
find any apology from your sufferings for interfering or attempting
to interfere with the property of others. It is said that the earnings
of the men at Buckler's mine were good wages. Many of you are men without
large families, with wages beyond those which agricultural labourers
in the county are receiving, and having means of enjoyment beyond what
they possess. Yet from your connection with each other, and the facility
with which you can combine and associate, you thought fit to avail yourselves
of this time of public calamity, which did not bear upon you as it did
upon others, to disturb the public peace to a most outrageous degree.
From the description of what took place, and of the conduct of them
who induced it, this must have been a most terrific riot. The Sheriff
of this county appears to me to have conducted himself in a most exemplary
manner, entitling him to the thanks of the public in general, and especially
of this county. He united kindness and forbearance with a proper degree
of manly [purpose], so as to give you every opportunity of considering
and altering your conduct, whilst at the same time there was no such
forbearance as to give you any encouragement, or from which you might
suppose that any fear existed on the part of the magistrates. Your conduct
was such that it was necessary to call out the military, and you placed
yourselves every one of you in the situation of felons, by remaining
after the riot act was read. The Sheriff himself was compelled to come
out among you and run great personal hazard; and the greatest excitement
and alarm existed in the usually peaceable town of St. Austell. What
call had you to conduct yourselves in such a manner? What right had
you to interfere with the property of those who were not concerned in
raising the price of corn, even if you had a right to interfere with
that? But the honest tradesman, carrying on his business properly, you
could have no business to interfere with. What would you have thought
if any of the mine owners had told you; "we are selling the ore at too
cheap a rate, we cannot afford to pay you such wages; we shall employ
you to work at such wages as we please." What would you have thought
if they had raised a mob to compel you to that? And yet you would compel
the flour dealers, and you raised a mob for that purpose. But what can
be expected from a mob interfering with the bringing of corn into the
country? Supposing you had broken into every shop, where you and your
neighbours are supplied, how soon would the stock have been exhausted,
and how increased must the distress to be which all around would be
subjected. Where is the honestly to which some of you claim a character,
when you break into a shop and deliver out the bread to those you don't
know whom, thus committing the most audacious robbery in mid-day, upon
a person who could probably less afford to lose it than yourselves.
While there the language used must have been calculated to place this
county in a most fearful situation. There were some of you, although
now you bring a character as peaceable men, were tempted to demand blood
for blood and life for life, and might have been led on to attack life
and produce the flowing of that blood so idly spoken of. What must be
the effect on a mob of infuriated men coming, perhaps, under the pressure
of some distress, but mistaking the cause of that distress and not less
its cure? What must be the effect on any man when individuals are crying
out for blood, armed with sticks and bludgeons as you were? It is almost
surprising that your lives were not sacrificed by the military [....]
And I cannot fail to remark that you are greatly indebted to the magistrates
of this county, who have [declined] to try you all as felons. You remained
in the market place for one hour after the act was read, and might be
placed at that bar as felons. Indeed you have been arraigned although
no evidence has been offered against you. The magistrates, in the belief
that that spirit of riot has passed away, hope that the spirit of mildness
will operate as a warning to prevent a repetition of such outrages.
I could not have thought I had done my duty to the public, or have left
this county with a safe conscience, if I had not transported many of
you if you had been convicted under the other indictment. There are
two of you standing in a peculiar situation; Richard Kestell and Charles
Faull, and as you have been distinguished in crime so must your punishment
be increased. The learned Judge, after some further remarks, sentenced
each of these prisoners to Two Years' imprisonment with hard labour.
Joseph Hore he sentenced to Nine Months' hard labour; John Cock, the
man who addressed the mob, to Eighteen Months; Matthew Roberts, who
raised a stick against the Sheriff, to Eighteen Months'; William Hancock,
to Twelve Months'; William Bunt, to Nine Months'; Phillip Matthews,
and John Payne, each, to Six Months'; William Tellam to Nine Months'
for the offence at St. Austell, and Eighteen Months' additional for
striking Mr. Stephens, the magistrate, at Wadebridge. An attack upon
a magistrate, the learned Judge observed, must be visited with severity.
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