Part 54

The first witness called was Mr. Serjeant Ludlow, town-clerk of Bristol. He was at the Mansion-house on Saturday the 29th of October, from twelve at noon till twelve at night. There was a riotous and tumultuous assemblage in front of the house; the troops were called out under the command of Colonel Brereton; orders were given to Colonel Brereton to clear the streets, disperse the mob, and get the city quiet; this was not peremptorily and effectively done; the riots continued at intervals till twelve o'clock at night. The following statement was then made by the learned serjeant:--When Lieutenant-Colonel Brereton and the troops came to the Mansion-house door, the people on the outside were engaged in battering the front door; they had battered in one of the windows on the ground-floor, and some of them had entered into the dining-room. The immediate effect of the arrival of the troops was to remove them from the front of the Mansion-house, but they did not withdraw far. I repeatedly noticed, that the people having withdrawn from the streets while the soldiers were passing, immediately afterwards returned again to the front of the very door of the Mansion-house; occasionally stones were thrown at the windows, and indications of tumult and violence did not appear to me to have decreased materially. Colonel Brereton occasionally went down stairs and returned, and said that the people appeared to be very good-humoured, and he had no doubt he could drive them away by merely walking the horses. Just before one of these occasions, two of the soldiers of the 14th were brought in wounded--one of them very seriously. I asked Colonel Brereton if he thought that a symptom of good-humour on the part of the people out of doors? I said also they appeared to me to be increasing in number rather than lessening; and it certainly was intimated to him that it would be desirable to get the city quiet. The effect of his answers was such as to induce me to ask him if he had any recent instructions from the War Office to prevent him from attending to the directions of the magistrates? He said, "My directions are to attend to the orders of the magistrates." I then said, the mayor and one or two of the aldermen being near, "Your directions are immediately to clear the streets, and to get the city quiet as soon as you can," or to that effect. Some sort of cavalry movement was made in the interior of the square, where the people had collected; they were driven from the green part of the square, and entered the courts in front of the houses, and occasionally returned to the front of the Mansion-house, and continued the same kind of conduct which had prevailed the early part of the evening; in short, they were not effectually dispersed. Late in the evening, probably eleven o'clock, an officer of dragoons came into the room where we were. Colonel Brereton was in the room at the time. The officer stated, that his troops were receiving considerable annoyance in one of the streets near the Mansion-house, the situation of which he described. He said, that the lights (lamps) had been put out--that it was quite dark--and that the people, when followed by the soldiers, retreated into some boats or barges lying in the river, from which they annoyed the troops, and where of course the troops could not follow them; he said he wished to fire a few ball-cartridges in that direction. One of the magistrates, I believe Mr. Alderman Daniel, said, that in the situation in which the boats were described to be, there were probably a good many people going from market in the market-boats, and it would be desirable to avoid injuring those persons if possible. One of the gentlemen present, I believe a special constable, said, "Let me have twenty-five men, and be supported by the troops, and I will undertake to go down and dislodge the people in the boats." That operation certainly would have been undertaken if it had not been for what Colonel Brereton said. He said, "If you'll take my advice, you'll let them alone; it's getting very late, and I dare say they will go quietly home to bed." Some observation was made as to the necessity of getting the city in a state of peace and quietness; upon which Colonel Brereton answered, his men should patrole the streets during the night, and that he would be answerable for the peace of the city, or words to that effect. The officer of the 14th went away, and Colonel Brereton retired shortly afterwards.

Several other witnesses were called, whose testimony went to show considerable want of energy on the part of the colonel, as well as mistaken lenity, that led to the perpetration of outrages, which, had a more decided and vigorous policy been adopted, might have been prevented.

The inquiry had proceeded to a very considerable length, and on Friday was approaching a termination, when an event occurred which effectually put a stop to all further investigation, while it cast an additional gloom upon this most lamentable affair. It appears, that the gallant colonel seemed to feel the full force of the evidence against him as it went on, and was obviously much depressed. On quitting the court on Thursday afternoon, he went, as usual, to Reeve's Hotel, where he remained during the evening. At twelve o'clock his gardener brought his horse and gig, and he drove home to his house, called Bedfield Lodge, about a mile and a half from the city. He retired to his room without exciting any particular remark on the part of his servants; but about three in the morning his housekeeper heard the report of a pistol: she immediately called the guard and footman, who entered his room, and found the unhappy man weltering in his blood on the bed. Life was extinct; and on examination it turned out that he had shot himself through the heart. Surgical assistance was instantly summoned, but it was without avail. The news of the melancholy event reached Bristol at an early hour on Friday morning, and produced a most painful sensation in all ranks.

The effect of this tragical circumstance was the termination of this court-martial, which, however, was followed by another upon Captain Warrington, the inferior officer of Colonel Brereton at Bristol, at the time of the riots. The insertion of the following paragraph, however, which appeared in most of the public prints of the day, will be deemed only just to the memory of Colonel Brereton, before we proceed to the conclusion of this dreadful business:--"The proceedings of the court-martial evidently preyed on his susceptible and humane mind. He is acknowledged by all parties to have been a man of the most kindly and benevolent disposition, and during the eight years he has held the command of the district, was universally respected. He has been a widower for above two years, and has left two daughters, the one five, and the other three years old. He had served abroad, and distinguished himself as a brave and excellent officer. He was fifty years of age, thirty-three of which he had been a soldier; and as a testimony of the regard in which he was held, had received a sword, value two hundred guineas, from his brother officers. There is no doubt his mistaken lenity was influenced by his desire to avoid shedding human blood, and a conviction that he should have been able to pacify the mob without proceeding to those extremities which his duty under the circumstances clearly demanded. It would be ungenerous now, however, to dwell on the errors of one whose fate every feeling heart must deplore."

It was on Wednesday the 25th of January that the court-martial upon Captain Warrington commenced its proceedings. The charges preferred were three in number. The first imputed that, on the night of the 30th of October 1831, being in personal command of a troop of the 3d Dragoons in the city of Bristol, at the time when the most outrageous and alarming riots prevailed, although required by Mr. Thomas Kington, a merchant of the city, who required his aid, and that of the military under his command, to prevent the firing of the Custom-House, he not only refused to act, but neglected to inform Colonel Brereton, his superior officer, of the information he had received.

The second charge imputed, that the following letter from Mr. Charles Pinney, the mayor, to Colonel Brereton, was delivered to Captain Warrington, which he read, but neither acted upon it nor forwarded it to his commanding officer.

"Bristol, Three o'clock Monday Morning, 31st October 1831.

"SIR--I direct you, as commanding officer of his Majesty's troops, to take the most vigorous, effective, and decisive measures in your power to quell the existing riot, and prevent further destruction of property.

"I am, &c. C. PINNEY."

An hour elapsed with the troops inactive after the letter was delivered, and in consequence great mischief was done. Several houses were sacked, and property to a large amount destroyed.

The third charge accused the Captain of neglecting to command his troops in person, and leaving them to the guidance of a young cornet, only sixteen months in the service, while he was absent from his quarters or retired to bed.

The evidence adduced was merely a repetition of those details which had already become perfectly notorious.

Captain Warrington commenced his defence on Monday the 30th of January, and, in a clear and manly speech, touched upon all the charges which had been preferred against him, and in a short narrative endeavoured to prove that when there was any apparent want of energy, or exertion, on his part, it arose, not from want of inclination in him, but from the omission of orders from his superior officer, or the absence of those magistrates who would have justified his proceeding even without the commands of Colonel Brereton. With regard to his temporary absence from his troop, he accounted for it by stating, that he had gone to General Pearson to ask his advice, and, on his return, was labouring under a fit of the ague, brought on from being repeatedly exposed to the rain, for the two preceding days; he retired to change his dress, and when his personal presence was officially and regularly required, he lost no time in heading his troop, and assisting in dispersing the rioters. He adverted to his past services under similar circumstances, and appealed to these, as well as to his conduct throughout his military career, as the best refutation of his having intentionally neglected the important duties imposed upon him. The address seemed to make a deep impression, and apparently went to remove all serious imputation from him as an officer and a gentleman. The witnesses called for the defence went to give the most satisfactory explanation of the course which the gallant officer had pursued throughout.--The following curious evidence was given by Major Beckwith, of the 14th Dragoons, on Tuesday:--"I must relate in what manner I saw the civil and military authorities co-operating, in order to show to the court the difficulties under which I saw Captain Warrington acting. On reaching Bristol, on Monday morning the 31st of October, I immediately went to the Council-house, where I found the mayor and several magistrates, who appeared to me bewildered and stupefied with terror. On hearing the state of affairs in the city of Bristol from those gentlemen, I urged that one or more magistrates should accompany me on horseback, for the purpose of restoring order. They all refused to accompany me, saying, it would make them unpopular, and cause all their property to be destroyed; they also added, that none of them could ride on horseback; and the one I requested to accompany me said he had not been on horseback for eighteen years. Seeing, therefore, that any assistance from the magistrates would be out of the question, I demanded to receive from them a written authority to take what measures I deemed expedient. From what I have related, and from what I saw in another quarter, to which I cannot refer, the impression of my mind was, that Captain Warrington and the 3rd Dragoon Guards were in a great measure paralysed by the imbecility and misconduct of those who ought to have directed them. I have further to state, that during the time I had a personal opportunity of observing Captain Warrington, he appeared to me alert, zealous, and desirous of doing his duty."

On the following Thursday, General D'Albiac replied to the defence of Captain Warrington; and this closed the case.

The decision of the court was not, however, promulgated, in obedience to the usual course, until it had first been submitted to his Majesty; but on the 21st of February, it was intimated to Captain Warrington that he had been found guilty, and was sentenced to be cashiered; but that he was recommended to mercy, and that his Majesty, having listened to the recommendation, had been pleased to authorise his disposing of his commission.

There were yet other persons in authority whose conduct upon this occasion it was deemed fit should be the subject of a judicial investigation. Reports unfavourable to the character and demeanour of the magistracy of Bristol had been circulated; and the necessity of allaying the irritation of the public mind, as well as of determining the real extent of blame to be attached to the mayor and aldermen, was felt too strongly to admit of this final inquisition being omitted. It was not, however, until Thursday the 25th of October 1832, that the case came on for trial. It was then brought before the Court of King's Bench, upon an information preferred against Mr. Charles Pinney, the mayor, and was decided by a special jury selected from the County of Berks.

The Attorney-General proceeded to state the facts to the jury, and said, he had no doubt he should be able to adduce evidence to prove that the defendant had neglected his duty as chief magistrate, and that he was guilty of the misdemeanour charged in the information.

Mr. John W. Newcombe was the first witness examined. After detailing the scenes already described, and the inertness of the police, in his cross-examination he said that he did say, on being applied to, to act as special constable to protect Sir Charles Wetherell, he would not do so, but said he would not injure him; and he had repeatedly said since, that it would have been better had Sir Charles been thrown over the bridge than that so many lives and so much property should have been destroyed. A similar feeling seemed to exist with many others, who had been applied to in a similar manner, and it was evident that the magistrates found great difficulty to get a sufficient number of persons to act on that occasion. Several other witnesses were examined, making out a strong case against the defendant. A good deal of amusement was excited in court by the description given by one of the witnesses of the escape of the mayor from the Mansion-house, during the heat of the attack. The witness said, in his examination, "I saw the mayor in the larder, on the ground-floor. I believe it is called the larder: it is the men's water-closet as well, but they hang up meat there (a laugh). There were three or four female servants with his worship (renewed laughter). They were making great efforts to get up on the leads--the female servants and his worship (a laugh). His worship, seeing me, said, 'For God's sake, young man, assist me up.' I stooped down and helped his worship up, the female servants assisting him behind. (Here the laughter became so loud that Lord Tenterden found it necessary to censure it in strong terms as foolish and indecent.) We got the mayor up on the leads, myself and the female servants, and he got away over the wall."

The inquiry continued until the following Thursday, and then terminated by a verdict of acquittal.

This, we believe was the last of the proceedings which arose out of these dreadful riots, if we except those which were carried on by those persons whose property had suffered damage through the violence of the mob. The extent of the mischief done could never be properly or specifically calculated; but its amount could be scarcely computed at less than 300,000_l._ The injuries done to property, however, were not those only which were to be regretted. The destruction of the buildings of the town, splendid and costly as they were, was small in importance compared with the loss of human life, and the personal violence sustained by many of those who were engaged in these proceedings. Of those whose misguided or wicked desires led them into this terrible fray, who died of the wounds which they sustained, a number scarcely less than twenty was discovered; and it is reasonable to suppose, that others also shared a like unhappy fate, whose death accident, or the design of their friends, concealed from public notice. Many were taken to the hospitals of the city, gorged with drink, who died from the combined effects of intoxication and exposure, while others were brought in at the last gasp, suffering from the effects of the wounds inflicted by the weapons of the soldiery, or produced by the falling of buildings, which they had themselves fired or overthrown. Some even yet retained in their possession the fruits of their rapine, and were found to have their pockets crammed with money, or other valuables. Of the number who fell victims to their own temerity, in their anxiety to complete the hellish work of destruction which they had commenced, and who were smothered in the falling ruins of burning houses, it is impossible to form an accurate calculation. They were principally of the very lowest and most abandoned classes of the people; and their loss was scarcely discovered, even by their oldest companions and most intimate associates. The number of wounded was of course much larger, and equally difficult to be properly estimated. Many, it is true, received surgical relief on the spot; but still there were great numbers who abstained from an open admission of their condition, in order to avoid the probability of those future proceedings, the result of which might have been more inconvenient than the injuries which they had received. Hundreds in this way concealed the effects of their own violence; but their crippled or maimed appearance eventually told too plainly the tale of their guilt.

With regard to the conduct of the magistracy and the military upon this occasion, it does not become us to offer any observations. The demeanour of both was the subject of legal investigation; and the determination arrived at must be deemed to have been both correct and conclusive. The want of energy which, it must be admitted, was exhibited, must nevertheless be the subject of universal and most sincere and painful regret.

JONATHAN SMITHERS.

EXECUTED FOR ARSON AND MURDER.

On Monday morning, May the 28th, 1832, a fire broke out in the lower part of the house, No. 398, Oxford-street, in the occupation of Mr. Jonathan Smithers, a tobacconist, which was attended with very serious consequences. At about six o'clock the police ascertained the existence of a conflagration at the lower part of the house, by the sudden issue of a large quantity of smoke and flame from the shop and house doors, and from the fan-light over the latter; and proceeding immediately to the spot, they found Mr. Smithers endeavouring to make his escape into the street by means of the area, communicating with the kitchen. All his efforts to gain the footway, and those of the people, who had in a few moments assembled, to force the railings of the area, however, proved unavailing, and Mr. Smithers was at length compelled to retire through the kitchen; and making his way up the stairs, which were on fire, he succeeded in reaching the shop, from which he rushed into the street, much burnt about his face and hands, and with his clothes on fire in many places. The sudden admission of air to the house through the shop door tended to increase the fury of the flames; and before any alarm could be conveyed to the inmates, who were asleep within, nearly the whole of the lower part of the premises was on fire. Mr. Smithers was immediately conveyed to the Middlesex Hospital, in order that the wounds which he received might be dressed; and almost before he had quitted the spot, the lodgers and other remaining occupants of the house had been made acquainted with their dangerous situation. Their first impulse was to escape by the stairs; but this they found to be utterly impracticable; and the scene which soon presented itself to the by-standers in the street was of the most heart-rending description. At almost every window were to be seen persons, male and female, bewailing their dreadful situation, and imploring aid with uplifted hands. The servant-girl at the third-floor window made signs that she would throw herself into the street, but was entreated to endeavour to descend to a lower floor, before she made so hazardous an attempt to save her life. The cries which were addressed to her prevailed, and she soon appeared at the second-floor front room, having experienced considerable difficulty in making her way down the staircase. Several men then ranged themselves under the window to catch her in her descent; and the girl, exerting her courage, presently found strength of mind to throw herself out, and alighted safely in the arms of one of those below. The man was knocked down, and considerably hurt, but the girl walked away comparatively uninjured.