On Tuesday, William Clarke, Patrick Kearney, James Williams, Daniel

Higgs, James Courtney, and John Mackay, were placed at the bar. They

stood indicted for that they, in that part of the parish of Bedminster

within the city and county of Bristol, with others riotously and

tumultuously assembled, and pulled down and destroyed a house, the

property of his majesty. Other counts in the indictment laid it as the

property of the corporation of Bristol, of the citizens, of the

commissioners for building the jail, and of the governor.

Having pleaded severally "Not guilty," they were again arraigned upon

the indictment for having burned down the same jail; to which also they

in a firm tone put in their plea of "Not guilty."

The attorney-general, in opening the case, said, that the charge now

against the prisoners was framed on the words of the Act of the 7th Geo.

IV., which contained almost in precise words the terms of the Riot Act,

passed in the 1st Geo. I., "that if any persons shall riotously and

tumultuously assemble together, and begin to pull down any house, &c.,

every such offender shall be a felon without benefit of clergy." Under

this Act of Parliament, persons tumultuously assembling together for

the purpose of destroying any house were guilty of felony. With regard

to the individuals now before them, it would be proved that they were

riotously and tumultuously assembled together, to the disturbance of the

public peace; that they were parading the town about noon on Sunday, the

20th of October, in the most riotous and disorderly manner; that after

destroying the Bridewell by fire, they proceeded to the public jail, and

whether for the purpose of liberating the persons there confined, or

with a view to the general destruction of property, they broke into the

jail, and set fire to several parts of it. Clarke was seen with a

crowbar on his shoulder, actively engaged in the acts of violence and

outrage at the head of the party that attacked the jail, which was a

strong building, and the gates of which required considerable force to

break them down. They did resist for some time all the combined efforts

of the mob. At length, however, an entrance was effected by making a

small hole through one of the gates, through which some of the rioters

made their way, and who succeeded in wrenching them from their hinges.

Arrived at the interior of the jail, the mob proceeded, amongst other

acts of outrage, to the destruction of the governor's house, which was

in a short time reduced to a heap of ruins. These acts would be

satisfactorily proved; and it would be also proved, that the prisoners

criminally participated in those acts of outrage. To establish still

more clearly the guilt of the prisoner Clarke, it would be proved that

he was afterwards seen with the keys of the prison in his hand, going

about in one of the public-houses in the town, boasting of what he had

done--talking of the keys of the "Hen and Chickens," or some expression

to that effect, and indulging in the most violent and inflammatory

language. He believed that this prisoner was rather of a superior caste,

and one from whom such conduct was not to have been expected. He stated

himself to have been a Dorsetshire man, and it appeared that he had for

some time been himself the proprietor of a public-house. It was to be

the more lamented that an individual thus raised above the common crowd

should have demeaned himself in so disgraceful and criminal a manner.

With regard to all the other prisoners, he did not believe that they

would be affected by evidence of the same strong description; but he

believed there was not one of them who would not be clearly proved to

have taken a large share in the late disgraceful riots.

Several witnesses were then called, who proved most distinctly the

active part which Clarke had taken in the disturbances. The trial was

continued by adjournment from Tuesday to Wednesday, when the jury found

Clarke, Kearney, Higgs, Courtney, and Mackay, "Guilty;" but acquitted

Williams.

Clarke, the principal prisoner, appeared throughout the investigation in

a most deplorable state, and his weak nerves, contrasted with his

muscular figure, rendered him an object both of surprise and compassion.

He fainted two or three times, and seemed in a state bordering on

insensibility during the three hours which it occupied the lord

chief-justice in summing up. He was a strong athletic man, rather above

the common size, with nothing in his countenance indicative of the

determined outrages laid to his charge. The prisoners Williams, Kearney,

Higgs, and Mackay, were young men of about twenty years of age, and

Courtney about the middle age; they all appeared to be of an inferior

station in life, and presented nothing remarkable in their appearance.

Thomas Evans Bendall, aged nineteen, and James Sims, aged eighteen, were

then placed at the bar, charged with having riotously assembled,

together with other persons, to the disturbance of the public peace, and

with having demolished and destroyed, or begun to demolish and destroy,

a certain dwelling-house, the property of the Lord Bishop of Bristol.

The attorney-general, in stating the case, said, that though by the act

of parliament, the mere beginning to pull down and demolish any building

was sufficient to constitute the offence with which the prisoners were

charged, yet in this case he should be enabled to prove that the

prisoners had been most active on this particular occasion. An attempt

was made to prove that Sims was _silly_, but both were found guilty.

On Wednesday, Christopher Davis, a man of most respectable appearance,

about fifty years of age, was placed at the bar, charged with having, on

Sunday, the 30th of October, with divers other persons, riotously

assembled, demolished and pulled down a certain house belonging to his

majesty, called the New Jail. The attorney-general, in opening the case,

described the prisoner as having acted as a leader of the mob. He would

be proved to have been first at the Mansion-house, encouraging the mob

by gestures and by language; to have been one of those who entered that

building; to have been up during the whole night; and to have been

present at all the disturbances of Sunday. He was near the Bridewell

when it was broken into; he was afterwards in Queen-square and at the

New Jail, where he was seen at the time that building was in flames. He

would be proved to have been seen waving his hat, saying that it was a

most glorious sight, and what he had long wished to see; that the

churches should be pulled down to mend the highways, and that the

bishops should be put down. When the Bishop's Palace was in flames, it

would be stated to them by a witness, that he appeared quite overwhelmed

by joy. He expressed his readiness to head any mob for purposes such as

these. He waved his hat on his umbrella, as if it were a cap of liberty.

He was a man of most respectable situation in society, retired from

business, and living with his family on a comfortable independence

thereby acquired. From such a man a very opposite course was to have

been expected--one would have thought he would have rather dissuaded the

mob from their disgraceful outrages, than have given his open approval

to them.

Several witnesses were then called, who sustained the opening of the

attorney-general to the letter, and on the following day the prisoner

was found "Guilty."

Many other prisoners were also convicted in the course of the week, and

on Thursday a most heart-rending scene was presented. The capital

convicts were then brought up to receive sentence of death. Their names

were Christopher Davis, William Clarke, Thomas Gregory, Richard Vines,

and Joseph Keys, and each prayed with earnest cries for mercy.

The Lord Chief Justice, in a most impressive, though tremulous, manner,

addressed the prisoners:--

"Prisoners at the bar:--You have been convicted, five of you in number,

upon evidence, in each particular case, which can leave no doubt of your

guilt, upon any reasonable mind, of crimes so deeply affecting the

interests, and even the very existence, of human society, that your

lives have become justly forfeited to the laws of your country.

Assembled together with multitudes of other evil-doers like yourselves,

you have, by threats and acts of violence, thrown the peaceable and

industrious inhabitants of this city into a state of panic and

alarm--you have deprived many of their only means of livelihood--you

have carried fire to public buildings and to private dwellings, and have

exposed the property of all to pillage, and the lives of many to

destruction. Human society cannot be held together, if crimes like these

are not put down by the strong hand of the law. Unless others are

deterred from the commission of similar enormities by the just severity

of your punishment, all that makes life valuable to man--the free

enjoyment of the fruits of his honest industry, and protection from

personal violence, must be altogether given up. The innocent and weak

will become a prey to the wicked and strong; and mere brutal force will

take the place of order and of law. What motive could lead you to the

commission of these crimes it is impossible, from the evidence brought

before us, to judge with any reasonable certainty. It was not the

pressure of want or misery--it was no grievance, imaginary or real,

under which you laboured. I fear no other purpose can be assigned that

will apply to the greater number of those who shared in these wicked

transactions, than that of giving up this city to flames, that it might

become the object of universal pillage. You stand, each of you, a

striking and awful example to others, of the wickedness which men

commit, and the misery which inevitably follows it, when they throw off

the restraint of the laws of God and man, and give themselves up to

their own unbridled passions. I can only pray that your unhappy example

may be the means of preventing all others from treading in your steps."

Having then separately referred to the circumstances of the cases of the

various prisoners, he said in conclusion--

"Let me most earnestly exhort you all to prepare yourselves, by every

means in your power, for that great and awful change which doth most

assuredly await you within a very short time; apply yourselves earnestly

and fervently to the Throne of Grace, that you may endeavour to obtain

from him, who knows how to reconcile mercy with justice, that

forgiveness which the laws of man cannot extend to you. And now, nothing

more remains than the duty, to me a most painful one, of pronouncing the

last sentence of the law--That you, and every of you, be taken to the

place from whence you came, and from thence to the place of execution,

where you will be severally hanged by the neck until you are dead; and

may the Lord, in his infinite goodness, have mercy on your guilty

souls."

This awful ceremony having been gone through, the prisoners were removed

in a most pitiable condition.

The following prisoners were then brought up:--

Patrick Kearney, Daniel Higgs, James Courtney, John Mackay, T. E.

Bendall, James Sims, John Powel, Matthew Warry, Cornelius Hickey, James

Snook, William Reynolds, George Andrews, Patrick Barney, Benjamin Broad,

Stephen Gaisford, Michael Sullivan, Timothy Collins, Henry Green, and

Charles Williams.

The Lord Chief Justice addressed them in the following terms:--

"Prisoners at the bar,--After patient trials, before impartial and

intelligent juries, each of you has been found guilty of an offence

against which the laws of your country have, for the security of all,

denounced the sentence of Death. You have, with many others, who for the

present have escaped the hands of justice, devoted to plunder and

destruction the city in which you live, and the place which had afforded

to all of you subsistence and protection. You have reduced parts of it

to a state of ruin and desolation, more complete than any foreign enemy,

unless the most merciless, would have inflicted upon it. You have

deprived many industrious families of their only means of support and

subsistence; and the blood which it was necessary to shed in order to

repress your acts of wanton outrage may be justly considered to lie at

your door. But the hope we entertain that the fate of those upon whom

the sentence of the law hath been passed, will operate as a sufficient

warning to all others, induces us to join in an humble recommendation to

his majesty that your lives may be spared. I would not, however, have

you expect, that by escaping the bitterness of death, you have avoided

all punishment for your offence. You will pass the remainder of your

lives in a foreign and a distant land, separated for ever from parents,

relations, and friends, and in a state of severe labour and privation."

Patrick Kearney, who, evidently, when first brought up, expected the

extreme sentence would be passed upon him, and was then crying and

begging for mercy, when he had heard the sentence, brightened up, and

said, waving his hat at the time, "Never mind, my life is saved and

Ireland is free."

The day's proceedings thus concluded; and on the following day the

business of the commission terminated.

On Friday, the 27th of January, the sentence of death which had been

pronounced, was carried out upon the four convicts--Clarke, Davis,

Gregory, and Keys, Vines having been respited on the previous day. The

miserable convicts, after their trials, conducted themselves with much

propriety. They were attended by the reverend chaplain of the jail, and

by the Rev. Mr. Roberts, a dissenting minister, whose exhortations were

received by them with much apparent satisfaction. The place where they

were doomed to receive their death was the very spot which had witnessed

the commission of the crimes of which they had been found guilty--the

New Jail. The outside walls now only remained--a sad memento of their

desperate purposes.

Every precaution was taken to preserve order. The sheriffs arrived about

eleven o'clock, and immediately proceeded to the cells of the wretched

men, who were deeply engaged in devotion. It was not till past twelve

that they were brought from their cells. The short time of anxiety which

had elapsed since their trials had made a deep impression upon all.

Still they were all comparatively firm, without the slightest tendency

to bravado or improper boldness. The mournful procession slowly paced

the prison-yard, the chaplain repeating the Burial Service--"I am the

resurrection and the life." Having gone round the ruins of the

governor's house, they approached the lodge, and then went up the

winding staircase to the press-room.

The customary ceremonies were here gone through, of pinioning the

convicts; and the procession once more, and for the last time, resumed

its march, going up the winding staircase to the top of the lodge on

which the scaffold was erected. Here all knelt down, and the Rev. Mr.

Roberts offered up a prayer for heavenly mercy. The executioner now made

his appearance. Davis was then conducted up the stairs to the frail

scaffold, followed by Gregory. The latter bowed to the populace. Davis

took no notice of those beneath, but once cast his eyes up to the fatal

beam. Clarke next ascended, and was followed by Keys. The reverend

divines having prayed with them a short time, and again taken leave of

them, the caps were pulled down over their faces, and the fatal bolt was

drawn. Keys apparently suffered much--the others died almost instantly.

The crowd did not utter any expressions of approbation during the time

of execution--all were quiet, and apparently were not much affected by

this dreadful exhibition.

During the time occupied by the proceedings of the special commission,

other inquiries were carried on scarcely less interesting to the

inhabitants of Bristol. The first of these was an investigation by

court-martial of the conduct of Lieutenant-Colonel Brereton in the

affair. The charges made against him were, for negligence and want of

due energy in assisting the civil force to suppress the tumultuous

outrages of the mob during the riots in the city of Bristol on the 29th,

30th, and 31st October. The case against the defendant was opened on

Monday 9th January, at the Merchant's Hall, in the presence of a very

crowded audience, including many ladies. Captain Thomson, of the 81st

foot, acted as Deputy Judge Advocate. Mr. Erle was counsel for Colonel

Brereton; and General D'Albiac, at the command of his Majesty, conducted

the prosecution. Colonel Brereton, on the charges being read over,

pleaded Not Guilty.

General D'Albiac opened the case, calling upon the Court to form their

judgment strictly upon the evidence, and to relieve their minds from all

extraneous observations which might have arisen elsewhere.

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."

The Chronicles of Crime or The New Newgate Calendar. v. 2/2 being a series of memoirs and anecdotes of notorious characters who have outraged the laws of Great Britain from the earliest period to 1841 · 第 47 / 90 段