over me, were covered with dirt and filth; and all without the Jeaft provocation. Q. You had given no offence? A. No, nothing but preaching. Q. How did you at last escape from them? A. I ran into a house where I had never been before, and feeing myself in danger, I took the liberty of locking the door on the infide; and continued there till about ten or eleven o'clock at night, when I and my friends crept out privately, and by going over hedges and ditches, we arrived at my lodgings at. Weathersfield, almoft dead with fa tigue and fear. Q. What was your reafon for continuing in the house fo long? A. I imagined that the mob were fomewhere about the house. Q. Are you able to say, that they did continúe about the house after you went in ? A. Yes, Sir. Q. Now, for what time can you venture to say? A. About an hour. Q. In what manner did they employ themselves? A. Making a noife with their rattles, tin-kettles, and other inftruments, with which they disturbed the congregation, and in calling to the people of the houfe to turn us out. Mr. HEATH cross-examined by Mr. Serjeant BOND. Q. What is Calek ? A. No. A. No i Q. Had you ever seen him before ? Q. Then you gave no fort of offence to this man? and there is another circumftance which I did not mention: He pushed me with great violence into a hedge, on the other fide of which there was a large-ditch full of water but the hedge was too thick to admit me through. He then pulled me back by my coat, with fuch violence, that I thought he would have tore it from my back. Q. Was not this after fome challenge to fight? means; I never faw him before. Q. Did you give no offence to him ? A. No. A. By no Q. Why, did not you tell him he was one of the wicked people of Bardfield, or that he was dark ? A. No. Q. Do you mean to say that he threw rotten eggs or dirt at you? A. No; I don't know who threw them. Mr. Garrow. You are not much of a fighting man, I dare say, from your appearance. Mr. BLAKE examined by Mr. GRIMWOOD. Q. Did you fee Mr. Heath affaulted on the 10th. of July last ? A. Yes. You are fure he is the perfon ? A. Yes. Mr. BLAKE cross-examined by Mr. TROWER. Q. I believe there was fome challenge in your party? A. No. Did not you fay to Calek, what are you following us for are there any three of you that can fight us? A. No, Mr. Serjeant Bond. May it please your Lordship: Gentlemen of the Jury. You fee this is another indictment for an affault. Why, there will be no end to them, I think. You fec he is not the the man who threw the dirt or eggs at the reverend divine: but he put him in the hedge, where he might have lain at quiet if he would; and it being about midfummer, the leaves would have covered him. You fee he is charged with having been guilty of the affault, but was not charged in the indictment yesterday. What is the prefumption then? Why, that he had feen the error of his ways, and ought not to have been indicted. I think it does fhow there is a little malignity in this fort of gentry, and that they cannot get rid of the little bit of the devil that eggs them to thefe profecutions. Gentlemen, I think he repented of his error, for this reason, that though he was connected with them on the 10th. of July, he was not prefent on the 14th*, therefore he ought not to be convicted. JUDGE. This is a profecution against James Calek for an assault, committed on the 10th, day of July, on William Heath, who has ftated it to you in evidence. [His Lordship, after recapitulating the evidence, added] Gentlemen, upon the whole of the evidence it does appear, that this man was guilty of a very grofs affault, and the defendant has called no evidence to contradict. You are told, you should not find this man guilty, because he had not thrown the filth, But if he was in the mob, he was just as much answerable for their acts, as if he had done them himself. But it is not left at all doubtful on that ground; you find he hunted Mr. Heath down in the field, and forced him into the hedge, and ftrove to throw him into the ditch, and otherwife treated him exceeding ill, until Mr. Heath, in order to fave his life, ran into a house that Aood by the fide of the road. After which the mob surrounded the house in a furious manner, and lurked in the way a confiderable time; fo that he was obliged to go out a private way, and efcape for his life. Gentlemen, fome pleafant things have been faid to make good humour; but they certainly ought not in cafes of this kind. Affociate, gentlemen of the jury, and confider of your Verdict. Verdict, GUILTY. The KING verfus Sarah Brittain. Mr. Webb ftated the Indictment. Mr. Garrow. May it please your Lordship: Gentlemen of the Jury: You have understood that this is an indi&ment for an as fault, and if I had a lefs formidable adverfary than my learned friend, I fhould not fay a word. But my learned friend fays, They have got a little bit of the devil in them;" and that "there is no end to thefe indictments." It is true, there is no end to the ingenuity of my learned friend! There is no end to the fufferings of this people! There is no end to the perfecutions of thofe men; and there will be no end to the animofity of this parish, 'till fome have been made examples of. I cannot help being a little entertained and furprized at the extraordinary ftructure of This is a miflake of the learned Serjeant; for though James Calek was not in the indictment on the 14th, yet he was prefent, and among the fore moft in the riot. my my learned friend's ingenious mind; you were not to have, convicted the last man, because he had not been guilty on the 14th! Mr. Calek, if he was wrong on the 10th, must have repented of the evil of his way by the 14th! What then shall be faid to Sarah Brittain, who offends on the 10th, and on the 14th, wifhes the house might be burned down, and all the people in it! So a man who commits murder, may have repented of the error of his way, and therefore he is not to be punished! This is the grave argument, of a grave Serjeant, to a jury of the county of Effex! A jury of whom he fays the finest things in the world. Indeed he is very impartial; he fays the fame in all other counties, only you don't hear him: When he is here, you are the beft, the wifelt, and most impartial jury that ever affembled. I only with the weather was fine, [a rainy day] fo that you could travel with us to Maidstone, you would hear him fay the fame there. They talk about these men fighting, does he (pointing to Mr. Heath) or any of the reft of them, look like fighters ? No. I believe none of Mr. Wefley's congregation were ever deemed fighters: It is true they talk fometimes of buffetting the devil; but I believe they never fight with any carnal adverfary. Gentlemen, I fhall call witneffes to prove the affault, and I have no doubt concerning your Verdict, That The evidence taken in this caufe was that of Mr. Heath and Mr. Blake. The Gentleman who wrote fhort-hand omitted taking it down, but it went to prove, that Sarah Brittain, the defendant, ftopped Mr. Heath in the road, and prevented him from proceeding. That the brandifhed her fifts at him feveral times: fhe collected gravel and dust in her apron, and threw in his face and down his breast; and that in all this fhe was encouraged by. the mob with whom she was furrounded. The learned Serjeant made no defence. His Lordship fummed up the evidence in very few words, and the Jury without any hesitation, brought in their Verdict, GUILTY. His Lordship then obferved, "I have only to say, that now after these profecutions are over, I hope they will behave better. As there feems to be a defperate fpirit of perfecution in Bardfield, their behaving better for the future, will be the only thing to recommend them to the mercy of the Court." On the 17th of May, 1794, the Rioters who had been convicted at Chelmsford Affizes, for affaulting the Preacher, and committing other acts of violence, at Great Bardfield, were brought up to the Court of King's Bench, before the Right Honourable Lord Chief Justice KENYON, in order to receive judgment in the indictments. The report being read as taken down by the Judge who tried the Caufe, his Lordship enquired how the Defendants had behaved fince, and if they had any Affidavits? Their Counfel handed in three or four, wherein the Defendants stated that they had large families and children. Lord KENYON obferved, he was extremely forry that it was not in his power to have taken hold of thofe PERSONS who were the INSTIGATORS of these Riots; but that it did not at all excuse those who had been guilty. It was a Crime a Crime of the greatest magnitude, and ought seriously to be taken up by the Court. That the only way of punishing them would be by imprisonment, which if the Court were to impofe upon them leniently, would be a libel on the Court itself; and if they should have a long imprisonment, their families in the mean time must starve. That tho' these men ought not to escape the punishment due to them, yet they muft have mercy on their families. His Lordship then addreffed the Rioters, and faid, "If you are found guilty of this Crime again, you will be indicted capitally, and will be hung!" His Lordship added, that the Indictment fhould hang over their heads, and that their Recognizance fhould be taken in the Court of King's Bench on the Saturday following. On the 24th of May, the Rioters were brought from NEWGATÉ into the Court of King's Bench, together with their Bail, to enter into the Recognizances which the Court then required. Mr. GARROW ftated the facts to the Court, and was fevere on the Authors and Inftigators of the Riot, fome of whom it is fuppofed, were then prefent, and undoubtedly felt themfelves in a very awkward fituation. Lord KENYON informed the Bail, that they were very much mistaken if they fuppofed they were authorized in encouraging thefe Riots, and that by the Toleration Act, they were as much open to punishment who difturbed a congregation of Methodists or Diffenters, as those who might difturb the Church of England. His Lordship advised the Profecutors, in cafe any thing of this fort happened hereafter, and they could poffibly find fufficient evidence, to bring the Bail before the Court, and as they were wealthy, they fhould fuffer in their pockets, and that not a little. He then told them, they were to understand this Judgment hung over the heads of the perfons found guilty, and they might be brought before the Court without the trouble and expence of a fresh profecution; and if they did ever come there, he concluded their fentence would be as fevere as the Court, could infli& in a cafe where the Indictment is not capital. Their Recognizances was then taken in 200£. each Defendant, and their two Bail in 100f. each. The profits arifing from the Sale of this Publication will be applied to defray the great expence unavoidably occafioned by the Law Suit: the decifion of which undoubtedly is of the utmost importance to the Methodists and Diffenters. IN I S |