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    1. [ENG-WESTMORLAND] PENRITH HERALD, Saturday, February 28, 1874 / Petty Sessions / Penrith / PART II
    2. Barb Baker
    3. P E T T Y S E S S I O NS - Penrith - Tues, Feb. 24 .... PART II (Before J. JAMESON, W. HARRISON, J. THOMPSON, J. UNSWORTH, and W. H. PARKIN, Esqs., and GEN BROUGHAM) MR. SCOTT said as the Bench had overruled upon the point of law which he had brought, he would advise the whole of the defendants to admit having thrown the various coloured powders. MR. UNSWORTH - I agree with you. I think that is decidedly the better plan upon which to proceed. MR. SCOTT said although he was still of the opinion - but perhaps he might be wrong - that these proceedings should have been taken, not by the police, but by the Board of Health, that opinion having been overruled by the Bench, he would merely say a few words in palliation without minutely entering into the merits of each case. He could not deny that the town on the election day was for a time in a state of considerable excitement, and these young fellows, led away by the excitement which surrounded them, in the exuberance of their youthful spirits, went further than they intended to do. But he did not think that the Bench would be inclined to look upon these proceedings as presenting any serious aspect. No party aggrieved had come forward to lay a charge against any of the defendants. Even the coachman of the EARL OF LONSDALE, who had been subjected to a severe pelting, like many men in an independent and honourable position, was one of those who could afford to be silent, and would rather put up with a little colouring matter, either blue or yellow, than foster irritating feelings, when the excitement of the occasion had passed away. The throwing of powders, although irritating and annoying, was perfectly harmless, and from them life and limb were perfectly save. MR. HARRISON - Are there many tailors among your clients ? MR. SCOTT - They occupy various positions in life, and some of them may be tailors; but I can say, that the majority of them are decent young fellows. No one has been aggrieved. MR. HARRISON - Don't say "not aggrieved", but that no complaint has been made. MR. SCOTT - I say not a single person has come forward to say he sustained any injury. Even the coachman, who was the object of special pelting, has not come forward; and the police, who, I must say, acted with the greatest discretion, tact, and forbearance on the occasion do not say they are aggrieved. MR. UNSWORTH - And they were the greatest sufferers. MR. SCOTT - No doubt; and I can only imagine it is from a strict sense of public duty that these charges have been made so long after the excitement of the election has been allayed. MR. HARRISON - And to prevent a recurrence of such conduct. MR. SCOTT trusted that these proceedings had been instituted more in the way of caution for the future than for the infliction of penalties for foolish acts. Feelings had run high at election times, but on this occasion they had partaken more of a frolicsome disposition, and had been attended with no serious harm or danger. The same proceedings had been enacted on previous occasions, and he was afraid it would take some time to eradicate the impression from the minds of many classes that they were lawful and justifiable. But after having heard the circumstances attending the proceedings on the occasion, and taking into consideration the character of the young men - who he was not there to deny had been indiscreet and foolish - he hoped the Bench would discharge the defendants with a caution, and not inflict a penalty which might probably tend to arouse fresh prejudices and many jealousies amongst the hitherto peaceable inhabitants of the town of Penrith. [ Applause in Court, which was immediately suppressed. ] MR. DUNNE, who was present during the hearing of the case said the police had to-day brought the charge before the Bench entirely in the discharge of a strict public duty, many complaints having been made to him of the excesses committed at the elections both in East and West Cumberland. In some instances stones had been thrown to such an extent that many persons had been cut about the face and head. The police had no feeling in the matter beyond doing their duty. He added that he was certain if LORD LONSDALE had been personally consulted in the matter, his lordship would have declined to take any action and advised that the defendants should not be proceeded against. The police did not wish to punish any person if they could avoid it; and in bringing the defendants before the Court to-day they felt that they were performing a proper but disagreeable duty. With respect to what had been said in some quarters about the police not apprehending persons at the time offences were committed at election times, it would be remembered that at the Durham election, when this was done, a serious riot took place, and the police station was sacked and the prisoners rescued. He was glad to find that notwithstanding what had taken place here, the police had acted with discretion and judgment. MR. THOMPSON said he could bear out that remark, for he was near the police a good part of the affray, and got a good peppering himself. He had made no complaint, and for his part would not have the defendants punished; though he would rather they would not do such things again. THE BENCH, after retiring for about a quarter of an hour, returned into court; and after a strong admonition as to future conduct, said they would make some allowance for periodical excitement at election time, and fined each defendant 2s. 6d. including costs. __________________ DRUNKENNESS. - WM. BLENKINSHIP, clogger, appeared again to answer a charge of drunkennes. WILLIAM siad if behaved kindly to, he would at once go and join the Good Templars. Fined 2s. and costs.

    02/09/2010 08:43:50