Document type: sessionsPaper

Document ID: 17800628

collection: BAILEY

year: 1780

uri: sessionsPapers/17800628

date: 17800628



Being the SIXTH SESSION in the Mayoralty of The Right Honble. BRACKLEY KENNET, LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY JOSEPH GURNEY , And Published by Authority.

NUMBER VI. PART I.

LONDON:

Printed for JOSEPH GURNEY (the PROPRIETOR) And Sold by M. GURNEY, No. 34, Bell-Yard, near Temple-Bar.

MDCCLXXX.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable BRACKLEY KENNET, LORD MAYOR of the City of London; The Right Hon. Sir JOHN SKYNNER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer; The Honourable Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench; The Honourable Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas; Mr. Serjenat ADAIR, Recorder, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First London Jury.

William Flower

William Howard

William Brown

John Page

Stephen Winter

John Puckle

John Watts

George Grange

George Folngsby

Hugh Davidson

William Stock

Thomas Bateman

Second London Jury.

Francis Hammond

William Giles

William Gregory

Christopher Palmer

Richard Halford

Charles Harling

Thomas Coulton

Henry Houghton

John Dean

Arnold Finchett

Roger Thomas

Richard Benson

First Middlesex Jury.

Solomon Hudson

Nathaniel Darwin

George Manvill

John Winstanley

Samuel Galderwood

William Greenill

James Hastey

Richard Mole

William Thompson

John Hoberaft

James Rogers

John Littlewood

Second Middlesex Jury.

* George Ward

* Alexander Hendy served part of the time for Mr. George Ward .

Richards Lawrence

John Rempell

Jeremiah Swain

Ambrose Bradbury

William Ball

Francis Anson

Thomas Baker

Richard Perry

Mark Toole

James Norton

William Williams

291. 292. WILLIAM LAURENCE and RICHARD ROBERTS were indicted for that they, with five hundred others and more, did unlawfully, riotously, and tumultuosly offem, to the disturbance of the pistol, and did begin to demolish and pull down the dwelling-house of Sir John Fielding , Knt. against the form of the statute , June 6th .

PATRICK M'MANUS sworn.

What are you? - A constable.

Was you at Sir John Fielding 's on Tuesday the 6th of June? - I was ordered by Mr. Bond to remain in the house with two more people, while he went to fetch part of the army to prevent the house being pulled down. I staid in the house near three hours.

What did you see whilst you staid there? - I saw a great crowd of people, they filled all Bow-street and all the streets leading to it, some of them had clubs and others had sticks and iron bars and choppers; I saw in particular the prisoner Lawrence; I saw him constantly close to the door.

What number of people do you think were collected together? - I do not know; a great many at one time; they cried out Newgate, Newgate, Newgate.

Had Newgate been broke open at that time? - No, I believe not.

What time in the evening was this? - Between seven and eight, as near as I can guess; when the people went off for Newgate, as we thought, the crowd was much less; then I saw Lawrence at the door and spoke to him out at the window. I said, Lawrence what do you do here? go away about your business. I knew him very well, for I had pressed him some time before; when I spoke to him he left the door and went towards the top of Bow-street; he then crossed the street and stood on the other side of the way.

Did you see him again that evening? - At a considerable time after, but I cannot be exact to the time; the street began to fill with people again, and then we saw that some of the people, who had been there before, come back again; they had clubs, iron bars, and choppers in their hands; then one of the persons who was in the house, went out the back way; and there was no-body in the house but Prothero and me.

What time was it when the mob returned? - A little after nine, or it might be more.

How did they behave when they came back? - They came all up in a body to the door; numbers of the people who had the clubs in their hands came up to the door and said D - n you! we will have it down presently. Then Prothero and I put up the chain to the door, and made it as secure as we could, and then we got out the back way through a gentleman's house. I went to the top of Bow-street, and there I met two more of Sir John Fielding 's people, who were coming to the house. I told them the house was then pulling down; we could hear it. I then crossed to Broad-court and went home. I got my pistols and cutlass and put on my great coat and came back into Bow-street, it was then pretty near ten o'clock. When I came near Sir John Fielding 's house, I saw Lawrence come out of Sir John Fielding 's house with two pieces of board; he brought them into the street and chucked them on the fire.

Are you positive as to the man? - I am very sure.

Were the wainscoting and window frames intire when you left them? - There was nothing destroyed that I know of.

How did you find the house when you came back again about ten o'clock? - The inside was all torn out and a good many fires were made in the street.

What do you mean by the inside being torn out? - The windows were all broke and the wainscoting was torn down, some of the window frames were cut out with choppers; part of the frames were left and part taken away.

Did you take notice of the two pieces of board you saw in the prisoner's hand? - Not such notice as to be able to say what part of the house they belonged to.

Did you see the prisoner Roberts there? - I do not know that I did. I think I saw Lawrence in the two pair of stairs room, after he threw the two pieces of wood upon the fire, but I am not quite sure.

GEORGE HULL sworn.

What are you? - A publican; I keep the King's-Arms in Arundel-street.

Were you at any time in Bow-street on Tuesday evening the 6th of June? - Yes. I went there between ten and eleven o'clock, hearing that Sir John Fielding 's house was on fire; when I came into Bow-street I saw Richard Roberts .

Before you speak to any particular, respecting either of the prisoners, describe what was the general state and appearance of the multitude there? - I dare say there were thirty or upwards of them; I know all of their persons; I did not know their names. I know the Christian name of this lad was Richard; but I did not know his sir-name.

What were they about? - Breaking the windows of the wainscot of the house of Sir John Fielding with iron crows, hatchets, and other things. I saw Roberts breaking the stair-case with a crow, or an instrument of that nature, and carrying down the wood and throwing it into the fire, which was in the middle of the street, opposite the door.

You say you knew his person before? - Perfectly well; the house I keep is a rendezvous for sailors, he had been there some days with Lieutenant Preston of the rendezvous.

Was he entered for the sea? - Yes. He had run away from his master.

No matter for that, you know his person perfectly well, did you observe him in any other part of the house? - I believe, he was in every room in the house; I met him coming out at the door.

Do you know what his age is? - I believe, between seventeen and eighteen.

Did you observe the other prisoner there at all? - I did not see him at all.

Jury. What part of the street were you in when you observed this lad doing what you describe? - I was in the house; I went into the house.

Cross Examination.

You say you have known the prisoner some time? - Yes; I have known him for these twelve months past.

Did you know who he belonged to? - I did not know where his father lived; I knew he lived somewhere in Spitalfields.

Did not you know his master? - No; I never saw him in my life, as I know of.

You knew he was an apprentice? - Yes, from what I heard.

Did you see the prisoner with a mop in his hand? - Yes; I saw him with two mops in his hand; another boy took one of them out of his hand and they mopped the windows and the places, to prevent their taking fire.

And you do not know but that the prisoner Roberts mopped the windows as well as the others? - No; he did not; I saw him chuck the mop into the fire immediately.

Throw his own mop or the other boy's mop? - His own mop.

Did you order some liquor to be given to these people? - Yes.

To whom? - Several of them, for them not to set the house on fire.

You did not go till eleven o'clock, did you? - I might be there something before.

When you went there what was there set on fire? - A great deal of the furniture.

What time of night was it when you saw the stair-case pulled down? - It might be between eleven and twelve, or twelve and one, I cannot say; Roberts went over to the bar of the Brown-Bear and demanded rum or brandy; then he said boys, or something of that sort, now away to Lord North's.

You must know it was not a likely thing to give such a boy as that ale to make him peaceable, and this porter and ale you gave them before you saw the boy pulling down the stair-case? - I carried it into the house; he might drink as well as the others; I make no doubt but what he did.

You gave it him before you saw him doing this act? - I do not know that I gave it him, I believe, he, as well as the rest of them, drank of it.

And before that time you did not see him active? - I saw him active the whole evening.

But did you see him pull down any thing? - Yes. I saw him pull down something in some part of the fore-room of the office.

Was that before or after the ale was given away? - I believe, it was after.

Then you think when a mob is riotous the way to make them peaceable is to give them strong beer? - I believe, if we had not given them beer the whole neighbourhood would have been burnt down.

And you gave them spirituous liquors? - I did not give them any; the woman gave them some rum herself at her bar, in order to appease them.

You swear that was not given by your orders, nor at your expence? - No; neither.

WILLIAM ELLIOT sworn.

What are you? - A tobacconist.

Where do you live? - In Queen-street, in the Park.

Was you in Bow-street on the 6th of June? - I was there from about four in the afternoon, till twelve at night. I serve some customers in that neighbourhood. I was at a friend's house in Exeter-street; I was told by the gentleman at whose house I was, that the mob were going to pull down Sir John Fielding 's house, in Bow-street. I went there between six and seven o'clock, as I suppose it was, and found about two hundred people assembled round Mr. Mahon's, the apothecary's house. Between seven and eight o'clock, they departed, from Mr. Mahon's and a body of them came back with a multitude of other people, and went to Sir John Fielding 's, that was a little after eight, there I saw that youth, a child I call him (Roberts) among the crowd.

Did the mob do any mischief to Mr. Mahon's house? - No, I believe not, he gave them liquor and money to appease them. I saw the mob at Sir John Fielding 's door with bludgeons. I saw Roberts with the people at the door, forcing it with bludgeons; there might be I suppose twenty or thirty of them. Some of the bludgeons were almost as big as my arm; others of the mob had iron crows. They rushed with a great deal of force, and broke the door of Sir John Fielding 's dwelling house. I saw nothing of Roberts after that till they had destroyed the first part of the house; the windows, the wainscoting, and every thing came out. I saw nothing more of Roberts till they had got to the windows of the first floor; by that time a great many chairs and a good deal of furniture were thrown out and set on fire in the street in five different places. I saw Roberts throw out several chairs, and a good deal of bed linen; by this time the fires were so large that one might have seen to pick up a pin in the street. Roberts came down and came out into the street; there was a good deal of the wainscoting of the rooms, chairs, and other furniture that had been destroyed, which I saw Roberts very active in throwing into the flames.

Did he burn that which he threw out of the window, or did he take up and born that which was already there? - He took up that which was lying in the street, and was very active in destroying it. I said to a gentleman who stood by me, what a cruel piece of work it is to destroy a gentleman's property in such a manner; I said, particularly, that boy, alluding to the prisoner Roberts, and I wished I might have an opportunity to give evidence against him and others of them. I noticed Roberts in particular to Mr. Hull, the last witness. He said he wished me to protect his friend's house, the public-house opposite Sir John Fielding 's, he and I stood together best part of three quarters of an hour. We went into the public-house. He left me; he was employed in carrying over beer to the people at Sir John Fielding 's house. After Mr. Hull left me, some of the people who stood by me in the street said, Out, out, out; this was at about half after ten o'clock.

Do you know what was meant by that? - As I learned from the mob, it was for them to disperse themselves for fear of being taken. Almost all the people who were in Sir John Fielding 's house upon this came out, but they returned back again in the space of about ten minutes, when they found that there was not any body coming to interrupt them. I then saw Roberts with some linen sheets in his hand, which he threw into the fire. And from about ten till half after eleven they were burning and destroying every thing which was thrown out from the house.

What time did you leave Bow-street? - Not till half after twelve o'clock.

Did you see any thing more of Roberts? - Nothing more but destroying the things which had been thrown out at the windows.

Cross Examination.

Are you one of Sir John Fielding's-men? - I am a tobacconist.

You do not act for Sir John Fielding ? - No, I have no occasion.

You act merely from public spirit? - Yes; I do it without any reward.

You said you felt yourself extremely happy when you saw this boy, and you hoped you should have an opportunity in future to appear against him; you was not there between seven and eight o'clock? - Yes; I was from the first starting of the business.

You said you did not see Roberts do any mischief at Mahon's? - There was none there, but drinking; Mr. Mahon gave them a good deal of wine.

Then you came near to Sir John Fielding's, and saw your friend Mr. Hull? - I saw Mr. Hull after the dwelling-house was broken open, not before.

What time was that? - At about a quarter after eight.

Was there a great deal of liquor given at Sir John Fielding 's house? - I saw none given at first, I saw some carried in. At about half after nine o'clock Mr. Hull went to protect the house; they were then on the other side of the way at his friend's house.

How came they to give the liquor away in the house that was opposite? - I saw nine given away there; I saw Mr. Hull carry some over to Sir John Fielding 's house to quell them.

Was that for the purpose of saving the Brown Bear from being burnt? - Yes, I believe so.

Did you hear Mr. Hull give any orders for this beer to be sent over? - Not a word.

It was sent over by his orders? - I cannot say; from what he said to me he wished to protect his friend's house.

Was any attack made upon the Brown Bear ? - None that I saw.

Was the whole of Sir John Fielding 's property destroyed? - I never went into Sir John Fielding 's house.

You said you saw him very active in the house? - Yes, by the light of the fire, I saw him when he came to the windows to throws things out of the house. I saw him pulling down the wainscoting too; I saw him repeatedly; I stood on the opposite side of the way, I saw him destroying the wainscoting after there were five fires alight in the street; and I saw many others there, who I hope will be found at a future day, and I am not ashamed to give evidence.

When you went away the house was pulled down? - The inside of the first, second, and third floors was totally destroyed as far as I could see; I do not know what was backwards; I never entered the house at all.

Between eleven and twelve you say you saw Roberts pull out the inside of the house? - Yes.

At what time did you see him burning it? - He came repeatedly out of the house bringing things out with him.

That was subsequent to the time at which by the desire of Hull the beer had been given away? - I know nothing of that, but what Mr. Hull said to me, that he gave it them to pacity them.

MOSES MORANT sworn.

Whose dwelling-house is the house which the witnesses have been speaking of? - Sir John Fielding 's.

What condition was that house in on Tuesday morning the 6th of June? - In the same condition it used to be in.

It was in repair then? - It was.

What condition did you find it in the next morning? - Pulled to pieces. The doors were broke to pieces, the window shutters were broke, the glass and frames of the windows were broke, and the household goods had been thrown out and burnt.

How was the wainscoting of the rooms? - A great deal of it was pulled down but not all. They began again to complete it the next day.

Were any of the stairs broken? - Yes, the next day.

Did you perceive any of the stairs or the wainscoting at the side of the stairs broke the next morning? - There was some of the railing pulled down, and a great deal of the wainscoting was broke, but not so much as was broke the next day.

LAWRENCE's DEFENCE.

I came from Deptford at seven o'clock in the evening with two shipmates into Whitechapel. I came to Alderman Bull's house, there was Lord George Gordon there with his chariot without horses. Three ladies came out of the coach to Alderman Bull. I stopped a considerable time to look at them; then I went to a linen draper's in the Minories, that might be a quarter before ten o'clock; I then went to Covent-garden; I got there about a quarter before eleven. I drank at a public-house there with a shoemaker and some women; they said Sir John Fielding 's house was all on fire, and all Bow-street. I went like a simple fellow up there with one Mortimer; he said I would not have you stand by the fire, you will get into trouble. Then four of us went to a house in Broad-street and had a tankard of porter; they said, Bill, you are used to ship-beef, we will have some mutton. There was a shoulder of mutton there; we had some of it. It was past twelve o'clock. I took the blade-bone away to carry next day on board my ship, which is the Alarm frigate. This man has pressed me twice since I have been on shore, though I had a ticket with leave to come on shore. He pressed me because I went to enquire after a girl of the town I am acquainted with. I belonged to the Counters of Scarborough; I was in the engagement with Paul Jones .

ROBERT's DEFENCE.

I was not in Bow-street, I was at my master's house; I can bring my master, whole name is James Collett , to prove it; but I do not know whether he is here or not.

( James Collett was called but did not appear.)

For Roberts.

THOMAS DENISLEY sworn.

Was you at Sir John Fielding 's at the time of this riot? - I was.

What time did you go there? - I cannot justly tell the time, I believe it might be about eleven o'clock.

Was liquor given away at that time? - Yes, there was some porter given away.

Was any thing else given away? - Yes, rum, at the Brown Bear .

By whose order was it given? - I cannot say.

Did you see Hull at Sir John Fielding 's? - Yes; he asked me to drink. He said I shall be obliged to you if you will tell the people not to throw any thing upon the fire for fear of burning the widow's house, at the Brown Bear directly opposite. I went up to several of them who were carrying wood out and desired them not. One fellow knocked me down; who he was I cannot tell. Richard Roberts was coming up stairs with two mops. I asked him to give me one; he would not give me one; I took one from him; he threw the other into the fire. I ran to Sir John Fielding 's door and wetted it with the mop, for the door was just catching fire.

Did Hull send people over the way to get rum and brandy? - He said if they were not satisfied they might go over the way and get rum; and he begged they would not put things out of the window to burn, for fear they should set the neighbourhood on fire.

Did you get any rum? - I went over and got about half a glass; then I went home directly.

Did the prisoner go over to the Brown Bear with you? - No, I left him in Sir John Fielding 's house.

JAMES BADDELY sworn.

Do you know Richard Roberts ? - Yes, I have known him from a child. When he was first apprentice his master had not a convenience to lodge him. I told his master he should be welcome to lie in my shop; he say there about a twelvemonth. I never knew him take a pennyworth of mine. There were things I must have lost if he had been dishonest.

GEORGE SWEET sworn.

You are Robert's father-in-low? - Yes, I have known him five years; he is a very honest sober boy. I believe Mr. Hull enticed him. I have known him to be night after night at his house with a press-gang. He said he should not have gone into the house if he had not known Mr. Hull, and seen him there. He say five nights at Mr. Hull's house whilst his master was out of town last summer, and many nights since.

BOTH GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

( Roberts was humbly recommended by the Jury to his Majesty's mercy on account of his youth .)

293. JOHN WILLIAM KEMP was indicted for stealing on the 10th of May , about the hour of nine in the night, sixty plants, called carnation plants, value 3 l. the property of John Archer Robertson , the said plants being then standing and growing in the garden ground of the said John .

JOHN ARCHER ROBERTSON sworn.

My garden was robbed three times between the 4th and 10th of May; it is at the back of the Westminster Infirmary .

A nursery or private ground? - A private ground. There were threescore carnation plants taken away. I employed a watchman on Friday night the 6th, and on the 10th he took the prisoner in the garden. I was ill in bed; the watchman brought him to me about ten at night. As soon as the prisoner came into the room, he said Mr. Robertson, I have been guilty of a great fault, and I acknowledge it; if you will let me go I will give you fifty pounds, and he went down upon his knees on the carpet; I told him it he would give me a hundred pounds I would not let him go. I asked him who he was and what he was; he would not tell me. I then sent for a constable.

What was he charged with when he made that confession? - With robbing the garden; the property was found upon him.

DUNCAN LOWTH sworn.

I am a watchman. I was employed by Mr. Robertson. I was in the summer-house on the 10th of May in the evening; at more than half after nine I saw the prisoner come and look over the sence; it is a sence of lath and boards. He then got over and went to the stage on the right hand, and plucked up the carnation plants by the roots till he got a bundle, then he put them under his left arm, and was coming away with them. I seised him by the collar. I asked him whether he had got what he came after; he begged for mercy. I told him I must take him before my master who employed me to look after him. As we were going along he offered me his watch and all his money to let him go. I told him I did not want his watch or money.

Cross Examination.

How far was you off when he peeped over the fence? - About two yards.

Was there a moon? - Yes, about four or five days old; it gave but little light.

Was there enough of the light of the evening to distinguish his face when you came to him? - Yes.

Are you sure there was light enough of the evening to distinguish his face? - Yes.

Court. You said it was a little before ten I think? - About half after nine.

On the tenth of May? - Yes.

Was there light enough from the evening to distinguish the man, or was it moon-light? - The twilight and moon made a shadow.

Without the moon could you have distinguished his face? - I do not know, I believe the moon helped me out.

(To constitute the offence, of which the prisoner was indicted, it is essential to prove that it was committed in the night. The court being of opinion that the same rule relative to day and night should prevail in this case, as is established in case of burglary, the prisoner therefore was found NOT GUILTY .)

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

294. RICHARD DORRELL was indicted for stealing five iron bayonets, value 2 s the property of our sovereign lord the King , June 20th .

RICHARD RAMSBOTTOM sworn.

I am a distiller. On Tuesday the 20th of June, at about ten in the evening, I overtook the prisoner at the top of Cheapside, and perceiving some bayonets in his hand, I asked him several questions respecting the mode of his obtaining them; but not receiving satisfactory answers, I conveyed him from thence to Aldersgate-church, and there delivered him to the gentlemen who were assembled to patrole the street.

Did he tell you where he had taken these bayonets from? - He first of all told me he was the maker of them, and said he was carrying them home to his house at Cow-Cross.

JOHN BAILEY sworn.

I am a captain in the City militia. I was on duty the 20th of June at Aldersgate-church, when Mr. Ramsbottom brought the prisoner to the guard; he brought him into the vestry with five bayonets. I asked the prisoner where he got them? He said it was no matter. I do not know whether he did not say, We had no business where he had them, that they were his own. I then took one of the bayonets into my hand and said, there was the king's mark on it. He said, suppose there was, they were allowed to take such things to make tools of; that they were useless. I observed that they were dangerous things, though he said they were useless; for if fixed to the end of a broom or mop-stick they might do a deal of mischief. I said, they were cast bayonets. He admitted they were; they were not passed fit to be mustered in the Tower. I said to him, what were you going to fix them upon? He said upon any thing I like; he was sent to the Compter; he was in liquor at the time. I locked the bayonets up in the vestry that night, and delivered them to the constable in the morning.

(The bayonets were produced in court by Bryant Chandler , and deposed to by Captain Bailey .)

WILLIAM WORNUM sworn.

I am inspector of the bayonets so see if they are serviceable.

Look at these bayonets, do you know whose they are? - To the best of my knowledge they are the king's; there is the mark of the viewer and the mark of the contractor upon them. I am clear to the marks.

These things, I apprehend, are not given away to make tools of? - No; never.

Court. Have you any doubt whether they are the King's bayonets or not? - Not at all; I have no doubt in the least; I am almost positive they were taken out of a shop where I work; one at least I know.

Where is that shop? - In the Tower. I saw the prisoner about six o'clock on the Tuesday evening, the day he was taken up, very much in liquor in the tower.

What reason have you to believe that bayonet was in your shop? - Because it was unfinished.

What is the value of these bayonets? - Pretty near two shillings, rather under that; they are damaged and not fit for the king's service.

What is the value of them at a low valuetion? - I think not more than one shilling, as they are damaged.

PRISONER's DEFENCE.

I had a hurt in my toe and was discharged, being unable to work, I took them to make me a few tools of; I did not think there was any harm in taking them.

Wornum. He worked in the tower at fitting the bayonets to the guns; he had got a hurt.

GUILTY of stealing to the value of 10 d.

Tried by the First London Jury before Mr. RECORDER.

295. WILLIAM PRICE was indicted for stealing a bay gelding, value 5 l. the property of William White , June 1st .

WILLIAM WHITEsworn .

I keep the White-Lyon at Paddington . On Thursday the 1st of June, the prisoner came to me with a letter from Mr. Bird at the Museum, that he wanted a horse; this is the letter (producing it).

Did the letter come from Mr. Bird? - Yes. I saw him afterwards, and he said it did. I saddled the horse and sent my servant with the prisoner and the horse to Mr. Bird at the Museum.

You did not go with the horse? - No.

Where did you see your horse afterwards? - At Mr. Henry's stables in Leather-lane.

THOMAS MATTHEWS sworn.

I am servant to Mr. White. William Price came to my master on Thursday the 1st of June with a letter from Mr. Bird at the Museum. He looked at a horse in the stable, and thought it would do for him. I put a saddle on the horse and went with him to show it to Mr. Bird.

Did Mr. Bird see the horse? - No; the prisoner ordered me to get off the horse and go and enquire for Mr. Bird; accordingly I did. I went to enquire for him; he had not been in town all the week, whereas Price said he saw him the night before; they said he would not be in town for the rest of the week; when I came out of the door, the prisoner had rode away with the horse, and I heard no more of him nor the horse till my master had taken him up; my master heard of it at the Nag's-head in Leather-lane; I believe that was on the Tuesday, when the prisoner was taken up.

Do you know how the horse came there? - No.

JOHN CROSS sworn.

I am a constable. There was application made to Sir John Fielding . I had a search warrant and found this horse at the Nag's-head in Leather-lane; the man that bought the horse was bound over to give evidence; he is now here. I have the horse in my custody.

To White. Are you sure it is your's? - Yes; it i s a brown bay, six years old.

Did you breed him or buy him? - I bought him.

How long had you had him? - About a week.

To Cross. Did you say any thing to him about the horse? - He said he had sold it to Mr. Henry.

JOHN HENRY sworn.

Do you know the prisoner? - I never saw him but once in my life, that was at the Red-Lyon in King-street, Bloomsbury, where I heard there was a horse to dispose of; I went and saw the prisoner; he said he had two to dispose of if it was convenient for me to make a purchase? I said it was not convenient to make a purchase, but I had one at the Nag's head in Leather-lane, if he would come and look at it, I would make an exchange with him.

Do you keep the Nag's-head? - I have some part of the stable.

Did he come down? - He came to me and tried every thing he thought necessary, and then asked three guineas in exchange. I told him it did not suit me to disburse any money, nor would I, as I thought one horse as good as the other; on this he went away, and came back again; he sent for me and came back the third time and said, his brother kept the King's-head; that it was his horse; that if I would take his horse with all faults, if any, he would take mine the same, and we exchanged in that manner. He said I will not exchange now unless you give me half-a-crown for my own trouble; I gave him half-a-crown and said it must not be a dry bargain but a wet one. He called for a shilling's worth of brandy punch. I shewed the horse to Mr. White; that is absolutely the horse I had in exchange from the prisoner.

PRISONER's DEFENCE.

On the Monday before the Thursday I had a letter from Mr. Bird to get him an horse. I got one. It was not fashionable enough; I went to Mr. White to see if he had one that would suit. I was very much in liquor when I went; I was opposite a publick-house; this man asked me if I had got an horse to sell, and said if I would come to Leather-lane he would swap an horse with me. I went down to Leather-lane, and being drunk, desired to lie down in the stable. After some time I got up; then I drank with him and went to lie down again; afterwards he shewed me an horse, I do not believe it was the same horse; when I came away, I found the horse to be a broken-winded horse. I said if it was found in the wind I would swap with him if he would give me half a-crown; he gave me half a-crown and then brought me another horse. I refused to take it. He said I might have that or none; that he had sold the other for four guineas. Mr. White put it under my care. Mr. White said he would not sell his horse for any thing under ten pounds, as it was same, that it might not be returned to his hand.

To the Prosecutor. You say the letter is Mr. Bird's hand writing? - He said so.

To Matthews. Was the prisoner on the horse when he went with you to Mr. Bird's? - Yes.

For the Prisoner.

THOMAS MORGAN sworn.

I keep the Red Lion in King-street, Bloomsbury. I have known the prisoner from an infant; he was always a very honest lad; he lived three years under me, when I lived butler to a gentleman in Bloomsbury-square, I lived there seventeen years and an half; he always had a good character.

His brother keeps the Kings-head in Bloomsbury? - No; he always called me brother; he having been brought up with my father and mother.

Did you see him at your house on the 8th? - I did; very much in liquor, so bad that he desired to go and lie down on one of my beds, which he did an hour or an hour and an half; then I thought him something soberer, but not so sober as I could wish.

Was any horse with him then? - Yes. Two I think.

Was one of them a brown bay horse? - It was.

Your house is not very far from the Museum? - No, not far.

Out of sight of the Museum? - Yes; it is at the back of Lord Mansfield's house.

Were the horses at the door with him? - Yes; he was riding them up and down and jockeying them about.

What time of day was that? - I cannot say, I did not take notice.

To Matthews. What time did you go with him? - About half after eleven.

To Morgan. What time of day was he at your house? - Most part of the day; he came down when he had made the swap and said, he had done the worst day's work he had ever done in his life, for he had swapped a good horse for a broken-winded one.

What time of day did he come to you with the two horses? - I cannot say, it was the fore part of the day; it must be before twelve o'clock; he came back about half an hour, or an hour after and said he had made a bad bargain.

He wanted to exchange again? - So he told me when he came back, but the man would not; he sold that to an hackneyman then for two pounds, two shillings, and sixpence.

Was he sober then? - No.

What is he? - A breaker of colts and rough rider; he has broke colts for many gentlemen who have subscribed to him; he always bore an honest character.

To Matthews. Did you look after him after you missed the horse? - Yes, for two hours; before I went back to my master's; I went all round Bloomsbury and down this street, where he says he was, but did not see any thing of him.

GUILTY ( Death .)

(He was humbly recommended by the Jury to his majesty's mercy.)

Tried by the First Middlesex Jury before Mr. Justice NARES.

296. 297. EDWARD DAVIS and MARY his wife were indicted for that they, a certain house, belonging to his grace the Duke of Newcastle , feloniously, wilfully, and of malice aforethought, did set on fire and burn .

2 d Count. For that they a certain house, belonging to the Duke of Newcastle, they feloniously and wilfully, did set fire to.

3 d and 4th Counts. Charging the prisoners with the same felony, only laying it to be the house of Richard Dyer .

5th and 6th Counts. For the same felony, only laying it to be the dwelling-house of the prisoner Edward Davis , June 27th .

RICHARD DYER sworn.

At about six o'clock on Tuesday evening last there was an alarm of fire in Newcastle-court, Butcher-row, Temple-bar .

Do you live there? - I do. I instantly went out and found several of my neighbours gathered together in the front of the house where Davis lived, the two windows in the left hand parlour were open. I jumped into, one of them and got into the house and was instantly followed by three or four of my neighbours; we made towards the right-hand parlour, from whence we saw the smoke ascend, and we forced open the door, upon which there issued out a large quantity of smoke, which almost suffocated me.

Was there any one in the house? - Not a creature. I ran to bring some water; I returned in two or three minutes, and then the windows of this room, in which the fire had been discovered, had been forced open by people that had got into the house upon the alarm. I kept on fetching a few pails of water with other people, and then a man cried out, Here is the fire! and then threw out a large quantity of linen rags on fire. Some of the neighbours called to me to take them up; I did so, and bid a neighbour observe that they came out on fire from that house.

Do you know what part of the room they came from? - No, they were thrown out into the court before I saw them. I called to Mr. Nott to desire he would take notice that they came out of that room on fire. As I kept on fetching the water and other people did the same, the whole floor was soon covered with water, but yet the smoke seemed to be as powerful as before we discovered the first fire. Another man on feeling round the wainscot of the same room cried out, Here is more fire! and instantly I heard a sliding door go up or down, and there was instantly a large quantity of linen rags, which were on fire thrown out into the court.

Whose house is it? - It is my house, I let it to this Mr. Davis. I have purchased it not above a quarter of a year; he was the tenant when I purchased it.

Did you see the house afterwards? - I did almost instantly.

What was the condition of the house? - Upon examining a beaufet, where the second fire was found, the edges of the shelves appeared to be something injured by the fire.

By that expression something injured, do you mean to say they had been on fire.? - I do not mean to say that.

Did it appear blistered? - No, the edges of the shelves were black; the wainscoting behind seemed blistered.

Was the beaufet a part of the dwelling-house or a fixture? - It is a part of the house; it joins the bricks, it is a part of the wainscoting itself.

Who do you rent the house of? - The ground is the Duke of Newcastle's; I am a lease-holder under the duke.

What interest has the prisoner in it? - He is a tenant from year to year.

JOHN NOTTsworn .

I live in Butcher-row. I keep the chop-house there. On Tuesday last, upon the alarm of fire I ran to the prisoner's house, I saw the smoke issuing from the right-hand parlour window; I went in at the left-hand parlour window; I went up into the one-pair-of-stairs room, suspecting the fire was there; I called, but had no answer. I came down stairs and then I found that the fire was in the right-hand parlour; when the parlour door was open the room was full of smoke; I ran over to my own house and got a pail of water, and ordered my servant to follow with more. I perceived that the fire came from the left corner of the room which afterwards turned out to be from under a bureau bedstead. I staid in the room so long that I was almost suffocated; I was then obliged to go into the court for air; I saw a person, as I stood at the window, take the rags from under the bureau and chuck them out at the window into the court. The prosecutor, Mr. Dyer, was present; he said, Take notice, Mr. Nott, that these rags came out of that room! The rags were burnt almost to tinder; I did not go into the room again till after the fire was put out; I then went into it, and looked to see if there was any fire under the bureau bedstead; I observed some of the boards were discoloured and some scorched.

PETER BURGH sworn.

On Tuesday night last there was an alarm of fire at the prisoner's house. I went into the right-hand parlour; I found some fire under the bureau bedstead.

Was the bed down or was it folded up? - Folded up. I found some rags on fire under the bedstead; I pulled them out and threw them out of the window which opens to the court.

In what condition was that place after you had taken the rags out? - The bottom of the bedstead was burnt, and the floor was burnt.

How was it burnt? - A little place was burnt.

Was it burnt or scorched? - Scorched.

Was the bottom of the bedstead scorched too? - It was quite black. A part of the the floor about as large as the crown of my hat was burnt.

Was any of it in cinders? - I did not take that particular notice, it might be in cinders.

You cannot say from the appearance whether the fire had ever caught hold of it so as to make it blaze? - I do not know that only from the appearance of it.

It might from the burning of the linen rags be black and yet not have been on fire? - It might.

Court to Richard Dyer . Have you any witnesses to prove more than these witnesses have testified? - No. There is another witness can prove he saw the beaufet on fire.

(As the evidence fell short of proving that the dwelling house had been set on fire, they were both found NOT GUILTY .)

Tried by the Second Middlesex Jury before Lord Chief Baron SKYNNER .

398 JOHN JENNINGS was indicted for burglariously breaking and entering the dwelling-house of James Linser , on the 6th of May , about the hours of twelve in the night, and stealing eleven muslin linen sheets, value 4 l. nineteen linen shifts, value 10 l. two women's linen night shifts, value 1 s. two muslin aprons, value 10 s. one linen apron, value 6 s. two muslin tuckers edged with lace, value 2 s. two pair of muslin robbins, value 4 s. and three pair of silk stockings, value 3 s. the property of Sarah Tucker , spinster , in the said dwelling-house .

SARAH TUCKER sworn.

I lived at No. 17, in George-street, Grosvenor-square .

Did you live there on the 6th of May last? - I did. I lost the things mentioned in the indictment (repeating them); they were lost on the 6th of May, between the hours of six in the evening and half after nine in the morning. They were taken out of the front room on the first floor and found in the prisoner's custody about ten days after. I left the door of my room locked, but when I came in the morning I found it open.

Whose house is it? - Linser's.

(The goods were produced in court and deposed to by the prosecutrix.)

MARY BULL sworn.

I have washed for Mrs. Tucker seven years. I have the management of her apartments; she lodges at Mr. Linser's. On the 6th of May she went out at a little before six, and left me in the room. I went out a few minutes after six; I double locked the door and carried the key to her, to a gentleman's house in Brook-street, where she was drinking tea.

Were these things in the house when you went out? - Yes; I know they are Mrs. Tucker's property. I know some of them. I do not know any thing about the prisoner.

From the prisoner. By what do you know the things to be that gentlewoman's? - I know the pattern of the things; they have been marked, but the marks are taken out.

Are they Mrs. Tucker's own things? - No, she takes them in to wash.

JAMES HIDE sworn.

Upon the 11th of May, at about a quarter before eight o'clock in the evening, I was going to a stationer's at the corner of Water-street, I saw the prisoner in the street. I went in and delivered my message, and when I came out, having a suspicion of the prisoner I secured him, and took him into the stationer's shop. I found this bundle of picklock keys (producing them) in his pocket.

What was your reason for seising him? - I knew him before. I took him to the Rotation-office; I shewed the keys to the gentlemen, and told them I had a suspicion that if I went immediately I could find out his lodging. The magistrate ordered me to go and find his lodging; I went and found it in a court near Orchard street, I believe it is Brown's-court. I searched the lodging and found a great quantity of linen, and in the drawers I found this bunch of pick-lock keys (producing them) some have been strained and some broke. I likewise found this chissel and some powder and shot and a ball, in his great coat. Upon his second examination at the office he asked me for his coat, and I gave it him again, and he immediately put it on; the magistrates ordered me not to deliver any thing else to him.

(Part of the goods mentioned in the indictment were produced in court and deposed to by Sarah Tucker .)

To Sarah Tucker . What is the value of the things that are here? - The things which are here are worth twenty shillings.

PRISONER's DEFENCE.

These things that were found in my possession were brought by a person who came to me and begged the favour to let them be there out of the way of a press-gang. I had not the things in my possession three hours before I was taken up.

NOT GUILTY of burglariously breaking and entering the dwelling-house, but guilty of stealing the goods to the value of 20 s.

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER .

JOHN JENNINGS was indicted for burglariously breaking and entering the dwelling-house of Elisabeth Beadle , widow , on the 8th of May , about the hour of six in the afternoon, Richard Roberts and Mary his wife being in the said dwelling-house, and stealing seven linen shirts, value 28 s. four muslin neckcloths, value 20 s. two pair of cotton stockings, value 3 s. two pair of worsted stockings, value 2 s. two pair of thread stockings, value 2 s. a cotton waistcoat, value 5 s. and two linen handkerchiefs, value 1 s. the property of the said Elisabeth Beadle , in her dwelling-house .

ELISABETH BEADLE sworn.

I live in George-yard, Brook street, Grosvenor-square . My house was broke open on Monday evening between six and seven o'clock.

What Monday? - It was the Monday preceding the Thursday on which the prisoner was taken up, I cannot recollect the day.

Is it a month ago? - I believe it is.

Was you in the house? - No, I had been out, as near as I can guess, half an hour; there was only a woman left in the house with her husband, who was ill in bed.

Who was that woman? - Mary Roberts . They lodge in the two-pair-of-stairs room. When I returned I asked her if she had been down stairs or had heard any body; she said no. I missed the things mentioned in the indictment. I made enquiry at the pawnbrokers round about, but could get no intelligence of them. Some of the linen belonged to a gentleman's coachman and footman.

What was the value of the things? - I do not know, there was new cloth for four shirts, which cost nineteen shillings and three pence. The coachman valued his linen at thirty shillings, and the footman at five shillings, at Justice Welch's. I do not know the value of the rest of the things.

Where did you hear of the things afterwards? - I heard the prisoner was taken up; I went to the justice's and saw my things.

JAMES HIDE sworn.

I met the prisoner in Tyburn-road. I went into a stationer's shop with a letter from the Rotation-office. I kept my eye upon him. When I came out I secured him and brought him into the shop.

Had you reason to suspect him? - Yes. I put him in a coach and took him to the Rotation-office. I informed the gentlemen whom I had got, and shewed them the picklock keys, which I had taken out of his pocket when I took him into the shop. I told them that some women had spoke to him, and I believed if I went immediately I could find his lodgings. They ordered me to go; I went and enquired and was informed where he lodged.

Did you know his name? - Yes, very well. I knew him a good while before. Another person and I went to his landlord and told him, and insisted upon going into the room. The landlord assisted us to break open the door, and in the room we found a parcel of pick-lock keys and all these things (producing the goods mentioned in the indictment) The prisoner admitted the lodgings to be his before the justice, and wanted the things to be delivered to him particularly his great coat. I delivered the great coat to him; I believe it is the same which he has on now.

(The goods were deposed to by the prosecutrix.)

To the Prosecutrix. How did you leave the house when you went out? - I locked the parlour door. The things were in the parlour. The outer door was not locked; whether it was shut or not I cannot say. The new cloth that was cut out for shirts has not been found.

WILLIAM EVANS sworn.

Had you any thing to wash at Mrs. Redell's? - Yes; a shirt, two neckcloths, three pair of stockings, and an handkerchief.

What is the worth of them? - I valued them at five shillings.

Are any of these things here? - Here are two neckcloths; they are marked E. they should be W. E. No. 2. The marks on the handkerchief are picked out. I believe they are my property.

THOMAS MORVING sworn.

I had two shirts, two neckcloths, three pair of stockings, a waistcoat and a handkerchief. I valued them at thirty shillings. The marks have been picked out, but yet they are to be seen, these are my property.

PRISONER's DEFENCE.

A person brought these things up into my room and desired to leave them there because he was destitute of a lodging.

NOT GUILTY of breaking and entering the dwelling-house, but guilty of stealing the goods .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

299. DENNIS REARDEN was indicted for the wilful murder of Alice, his wife , June 15th .

He likewise stood charged on the coroner's inquisition with the like murder.

HANNAH KELLY sworn.

As I was going up stairs I saw the prisoner with the saw in his hand.

When was it you was going up stairs? - It was at a quarter before eleven o'clock in the forenoon, on a Tuesday.

On what day of the month? - I believe it was a fortnight ago last Tuesday. As I was going up stairs I saw the prisoner with a saw in his hand. He had hold of his wife's shoulder.

Were they then upon the stairs or in the room? - In the room and the door locked. I saw them through a crack in the door. He called her a whore. She said my dear Dennis, have mercy on me. I went up stairs directly, and two or three minutes after I heard her cry murder! She cried out very slowly, I could hardly hear her. Another girl and I were coming down stairs to see where they were.

Who was that? - Her name is Polly Bevan . As we were coming down stairs, Fanny, who lives at the Bell, came up and said, Dennis, how are you, are you better than you was in the morning? He said Yes, Polly, come here, I want you directly. Mrs. Bevan bid Fanny make the deceased, Mrs. Rearden, answer her.

Mrs. Bevan I suppose was the mother of Polly Bevan , who was with you? - Yes, she lived with my mother in the garret over their heads. Fanny looked through the door and saw Mrs. Rearden lying in a gore of blood. She came down directly and told us, and then we alarmed the neighbourhood.

Where was Mrs. Bevan? - Up stairs at work.

Did Mrs. Bevan come? - Yes; we came down stairs directly, and alarmed all the house; then Mr. Bull and Mr. Bird came up to break the door open.

Did you see Mrs. Rearden afterwards? - Yes, she was dead and quite cold then.

Did you look through the door when Fanny did? - No.

MARGARET BEVAN sworn.

On Wednesday, near three weeks, between ten and eleven o'clock in the morning, the deceased opened the door and called to me, and said, This man of mine is gone up the chimney with a cutlass in his hand; she shut the door, and then opened it again; they threw the cutlass out, and said, No harm should be done with that.

Did you see the cutlass? - No, I did not; I only heard those expressions. The deceased opened the door again, and I heard her say, My dear, the men are all gone, there is no man here now. She shut the door again, and I heard her say, I hope the door is well barricadoed now.

Where was you when you heard this? - Up stairs over their head. Soon after that I heard four or five blows given, which I took to be given with a piece of wood; I thought by the found they were struck flat ways. I heard her cry out Murder once, but that was with a low voice. The servant girl at the Bell came up; I desired her to go down and get the deceased to answer her. The girl went down, and came up again to me and said the deceased was lying all in a gore of blood. I went down, I saw her lying on the bed, upon her right side, all in a gore of blood.

Was the door open when you came down? - No, it was fast.

How was it fastened? - I cannot say, I did not touch the door, I looked under the bottom of the door.

Did you afterwards go into the room? - No, not at all.

Was the deceased lying upon the bed or upon the ground? - Upon the bed; the bed was upon the ground.

Did you know the prisoner before? - Yes, I have seen him several times before.

What is he? - A coal-heaver he is called; I have not much acquaintance with him, only from his being in the house.

You know nothing particularly of what had passed between them before this? - He used her very ill at times before.

Jury. What age was the deceased? - I believe she was between forty and fifty.

Prisoner. I am sorry she has told a lie, every word is false.

FRANCES HARSLEY sworn.

I live with Mr. Bonus, who keeps the Blue Bell in King-street. I was coming past this house; the landlady, Mrs. Waters, stood at the door; she trembled, and seemed very much frightened; I asked her what was the matter? She told me she believed the cobler had killed Ally; that was a nick-name they gave her: they stood at the bottom of the stairs to hear if they could hear any thing; I could hear nothing; I went softly up stairs, and peeped through a crevice in the door; I saw the deceased lying on the bed, upon her right side, all of a gore of blood; I saw the blood running from the back part of her head. Mrs. Bevan came down stairs very much frightened. The prisoner stood at the head of the bed; the bed lay upon the ground between the two windows; he was in his shirt, and had a rusty saw in his hand; he had something else in his hand, but what it was I could not tell; he stepped over her, and looked out at the window above her head; he called out to her several times, Will you give it to me, you whore? What it was I could not tell.

Did she make you any answer? - No; but she called out several times, Mother Bonus, are you coming? That was meaning my mistress. I came down stairs then, and told the people that I believed she was killed; I went directly home.

Prisoner. She has spoken enough.

THOMAS BULL sworn.

I have known the prisoner above three years; he used to follow coal-portering.

Did he work regularly as such? - Yes, he used to follow coal-heaving. I was standing at the corner by the Bell on the Wednesday between eleven and twelve o'clock, I believe it was near twelve; a woman going about the street said to me, Mr. Bull, I wish you would go and see whether Alley is dead or no.

Who is that woman? - A woman that gets her bread in the street.

It was not Bonus or Bevan? - No, a strange woman who lives in the neighbourhood. I went there; there were a great many women about the door. The women cried out, that Ally was killed, and that the cobler had killed her; I immediately ran up stairs to break the door open, but the women laid hold of my coat and pulled me back, and desired me to have more regard to my life, for that the prisoner was a bloody-minded man, and might run a knife into me. I went down to another man, and asked him if he would go with me; he would not; I got two more men and broke the door open, and went into the room; the deceased was lying upon her right side, her head was under the window; I lifted up her arm, and saw three cuts athwart her arm; her little finger was off, all but hanging by a bit of skin; I put my hand upon her breast, and she was as cold as a stone; I looked out at the window, and told the neighbours they need not be terrified, for she was dead enough, she was as cold as a stone.

Where was the prisoner then? - In the room, with his back up against an old door; I said to him, O you bloody thief! you have done for her now, and now you will be done for. The prisoner said, I have, by Jasus! swearing at the same time. I said, What did you kill her with? I killed her with a saw, said he. I asked him where the saw was; he said it was behind the drawers. I turned her head on one side, and put my fingers into her skull; it was like a lamb's head that is split open.

Did you take hold of the saw? - No, I I did not, there was such a conquest of people in the room, and my blood was turned in me, I was glad to get down stairs.

He said nothing after he said he did by Jasus? - No.

Prisoner. He knows very well that I was out of my senses that morning.

Did you ever know the prisoner out of his senses? - No, never in my life; I have seen him in liquor often.

You did not look upon him as a madman? - No, he might be mad when he was drunk.

Jury. Was he drunk or sober when you entered the room? - He was as sober as I am now.

BENJAMIN PEET sworn.

When the uproar was made about the murther I went in to see after Bull. I was in the room some time; I saw a piece of a crucifix and beads lying on a table that the prisoner had; There, I said, see that. He gave me no answer at all; he never said a word; the people kept going down and coming up; a neighbour desired me to assist him, to prevent his getting away; he was about twenty minutes in my custody. I said to him, What did you kill her with? He said, With a saw. I said, Where is the saw. He said, Behind the drawers. I could not get at it, there were such a quantity of people in the room. I desired the people to look, and a boy took it from behind the drawers; I took it out of his hand; it was carried before the justice and before the coroner; it was bloody; there is blood upon it now, I believe; it is the same saw; a press-gang came and took him to the justice.

Did you hear him say any thing? - He said, he had done for her.

Liscoe (produces the saw). The coroner's jury gave me this saw in charge.

Are there any marks of blood upon it now? - There are.

Mr. HORSFORDsworn.

I am a surgeon.

Whether you saw the wounds on the body of the deceased, and whether they were the cause of her death? - On viewing the deceased there appeared marks of violence on various parts of her body.

Court. You need not describe the wounds technically. Do you think the wounds were the cause of her death? - Particularly on the right leg, there were three cuts or slits, which seemed to be done by a jagged instrument, one above another, on the inside of the right leg; on the outside of the left leg there were two cuts of the same kind. Upon examining the back part of her head, there was a wound with a jagged instrument; on the side of the head there were two other wounds; on the front of the head there was not only a wound, but it seemed to have been done with great force; the fore part of the skull was driven entirely into the brain, and broke into a great many pieces. I have no doubt in the least but it was the cause of her death.

PRISONER's DEFENCE.

I have nothing to say for myself, but that I was out of my senses. God knows I know no more of it than the child unborn. There is nobody in their right senses would take such a tool to kill a person.

To Peet. Did you know any thing of the prisoner. - Not to have any acquaintance with him. I have seen him in a publick-house, when I have been having a pint of beer; sometimes, when he was drunk, he used to behave like a mad-man.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. JUSTICE NARES.

300. THOMAS PERKINS was indicted for stealing a silk gown, value 3 l. the property of Thomas Mardon , in his dwelling-house , May 27th .

THOMAS MARDON sworn.

I live at the Six Cans, High Holbourn . On the 2d of June I lost a silk gown out of my house; it was found on the prisoner.

You did not find it? - No; I was not at home.

Where was the gown? - In the bar. I keep a publick-house . It was my wife's gown. I saw it there in the morning at ten o'clock. It was missed at five in the evening.

What is the value of this silk gown? - Three pounds. It was almost new.

(The gown was produced in Court by Peter Frisquit , and deposed to by the prosecutor.)

- FRISQUIT sworn.

I was going along Red-Lion street the second of this month, about five o'clock. I saw the prisoner with a mob round him; he had a gown over his arm. There were a great number of people round him; they were going to take him to a magistrate, but did not know where. I went with him to Justice Girdler; there I was bound over to prosecute him. I know nothing of his taking the gown.

PRISONER's DEFENCE.

He speaks truth with regard to finding the gown upon me. I found the gown as I was coming along on the outside of the threshold of the door.

Guilty of stealing to the value of 39 s.

Tried by the First Middlesex Jury before Mr. JUSTICE NARES.

[Imprisonment. See summary.]

301. WILLIAM BOLTON was indicted for stealing an iron kitchen range, value 20 s. an iron crane, value 5 s. and an iron grate back, value 4 s. the property of David Wilmot , Esq . June 10th .

JOHN BENNY sworn.

On the Thursday after the riots were over. at about six o'clock in the evening. I saw the prisoner take the iron range, an iron crane, and an iron back of a grate, out of the kitchen of Mr. Wilmot's house.

Had any thing been done to the house? - Yes; almost every thing had been demolished the day before.

Where is Mr. Wilmot's house? - At Bethnal-green . I was looking after the house, to see that nothing more should be destroyed, if I could help it. I have worked for Mr. Wilmot some time.

How many other people were there? - I believe about twenty. I saw the prisoner getting the range up.

With what instrument did he do it? - I did not see any instrument; he said he did it by strength. He carried the range away on his head, and the crane on his shoulder.

There were a number of other people there? - Yes, a number of other people; but they were all against me.

Did you know any of them besides the prisoner? - I cannot punctually swear to any body.

Did you know him before? - I never saw him before to my knowledge.

Did you see where he carried it to? - No.

Where was you? - I was above stairs; I heard a wrenching, and went down into the kitchen; I asked him where he was going to carry them; he said to the proper owner.

He did carry it away, did he? - He did, he offered it for sale on the Friday night, as I am informed.

Are you sure this is the man, because you say you never saw him before? - I am certain he is the man.

Do you know if there is any reward, if this man is convicted? - Justice Sherwood said there was forty pounds reward, if the man was convicted.

Do you expect to receive it, if he should be convicted? - I do expect to receive forty pounds.

- SWEETMAN sworn.

I am a smith and farrier, in Whitechapel-road; I keep a shop there; the prisoner came on Friday night, I was then in bed; so he came again in the morning, I saw him at about seven o'clock; he pitched the things down in the shop; I said, I am afraid you do not come honestly by these grates; he stood by them when I first saw him; I asked him whether he came honestly by them; he said he did; I told him, I thought he did not; he said he was going a hay-making; I bid him call again at night. I went to Justice Wilmot's, to enquire if they belonged to him or the ruins.

What did he want to do with the grates? - My man asked him the price of them.

Was that in your presence? - Yes; he said about three halfpence a pound; I bid him no money for them.

These grates were brought to your house the night before? - I imagine they were; they were in the shop: when he was gone to hay-making, I went to the justice's, to know if they belonged to him or the ruins; when I came back, the grates were gone to the justice's; he came back at noon, while I was gone to the justice's; my man secured him, and took him and the grates to the justice's.

What time did you go to the justice's first? - I suppose it might be about ten o'clock in the morning.

When you found he was gone, did you go back to the justice's again? - No.

JAMES WALES sworn.

I am a white-smith; I am servant to the last witness; the prisoner came about seven o'clock on Saturday morning, the 10th of June.

Did you know him before? - No, never to my knowledge; he brought the grates to the shop about seven o'clock in the morning, and offered them to sale; he asked me if I thought they were worth three halfpence a pound; I immediately told him they were stolen; he said he found them on Tower-hill; I asked him whereabouts on Tower-hill; he said at the fire; afterwards, he said he brought them from Mr. Wilmot's, that he took them out of the brick-work, and likewise three or four more stoves, which he had disposed of; he said, Do not you think they are worth three halfpence a pound? my master said he would have them left till night.

Was your master present at this conversation? - Yes.

The whole of it? - Yes; he went up to Whitechapel church, and my master and another man went up to Mr. Wilmot's to know if he had lost a pair of grates; when my master was gone, the man returned either for the money or the grates.

What time was that? - About half an hour after twelve, I told him my master was not at home, but if he would sit down a little while, he would be in; he went away immediately. Three gentlemen came up, I informed them of the affair; they told me if I did not take the man, I was liable to lie under the same condemnation as he. I went after the prisoner, and brought him back to the shop, and returned to Justice Sherwood's, opposite Whitechapel-church, with the back, crane, and grate. Justice Sherwood told me to mark the grates immediately, which I did.

Did you mark the crane and all? - It is all a fixture together, I did not mark the crane and back.

Where is the grate? - At Justice Sherwood's office.

Did John Benny see it there? - Yes, he saw me mark it.

Was the grate that you marked the grate that was brought to your master's house by the prisoner? - Yes, I will take my oath of it.

To Benny. Did you see the grate that was marked by James Wales at the justice's? - I did not see them marked, because I was about other things; I was ordered by a search-warrant to search the prisoner's house; I knew the grates from the parts that hold the brass together. I have been at the fireplace at Justice Wilmot's many a hundred times. I could swear to it among five hundred.

If you had seen another range that had one end upright, and the other leaning as that does, you could not have known one from the other? - I could swear to this; the crane is fitted to the grate.

ROBERT RUDD sworn.

I was at work for Mr. Sweetman the morning the prisoner came, and brought the grates.

What did he bring the grate for? - For sale, I believe. My shop mate talked to him; I did not rightly hear what he said.

Did you see it afterwards? - I and James Wales carried it up to the Justice's.

Do you know John Benny ? - I never saw him before that morning at the Justice's.

Did he see the grate there? - Yes.

Was the grate he saw the grate the prisoner brought to your master's shop? - It was.

You are sure of that upon your oath? - Yes.

Did you hear the prisoner say where he got the grate? - I asked him when he came the second time, and he said he brought it from the ruins of the King's Bench.

PRISONER'S DEFENCE.

I was going a hay-making. I heard that Justice Wilmot's house was burnt. I was very sorry to hear it. I went and saw these things lying in the road. I told this smith there was a grate lying in the road. I asked him to let me bring it, and leave it at his house till I could hear of the right owner for it. Benny had hold of the grate; he could not manage it; he asked me to carry the grate, and helped me up with it. I carried the grate, and then he desired me to fetch the back. I carried them home to my own house on Friday, and went and enquired for Mr. Wilmot; a woman told me he was in the country, and would not return for two or three days. As I am a sinner to God he helped it on my head. I carried it to this good man's house at eight o'clock that night; he would not take it in. I carried it back to my own house; my wife was vexed at my bringing it home, and in the morning I carried it to that house. He said it was a valuable grate, and could not come from the fire. I said I did not know, it lay before the house. I thought I had as much right to take this grate as others had to take old iron.

To Benny. Is it true that you desired the prisoner to carry away the grate, and helped it on his head? - No; I asked him what he was going to do with it; he said he was going to carry it to the proper owner.

Jury. You saw him pull it out of the brick-work? - I did; at the same time I was in danger of having my brains knocked out by the mob.

GUILTY .

Tried by the First Middlesex Jury beforeMr. RECORDER.

[Imprisonment. See summary.]

301. HENRY JOHN MASKALL , apothecary , was indicted for that he, with forty others, and more, did unlawfully, riotously, and tumultuously, assemble, to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of the Right Hon. the Earl of Mansfield , against the statute , June 7th .

(The prisoner challenged William Greenhill and James Hastey . The following were sworn.)

THE JURY.

Solomon Hudson

Nathaniel Darwin

George Manvill

John Winstanley

Samuel Calderwood

James Marriot

Thomas Hind

Richard Mole

William Thompson

John Hobcraft

James Rogers

John Littlewood

RICHARD INGRAM sworn.

Where do you live? - At No. 1, Weymouth-street.

Did you, at any time on Tuesday night, the 6th of June, and about what time, happen to be present in Bloomsbury square ? - I was there.

About what time in the night or morning? - The first time I was there was about half after one as near as I can recollect.

That I presume was Wednesday morning? - It was.

What occasioned your going there? - I had spent the evening at Mr. Sparrow's, who keeps a house in Portland-street. A little after one I heard there was a fire in Queen-square. I had a wife on a visit to her father and mother in Devenshire-street; I was anxious left they should be frightened, and therefore I went there.

Did you know Lord Mansfield's house? - Perfectly well.

Give an account of the general disturbance you observed at that time about and in Lord Mansfield's house? - I saw a great mob and four or five fires, which were alight in the street. There were some people in the house flinging out the furniture.

Did you observe any persons in the house at that time? - Yes, I observed a man and woman, and some children, they were flinging out some furniture, and I saw some children at the door. As I passed by I was pressed by the mob. I stood opposite Lord Mansfield's door. There were some children then bringing out books and burning them upon the fire.

What number of the mob do you conceive there were at that time assembled round the house? - A great number.

Were there a hundred, two hundred, fifty, or twenty? - There were a great number upon the Duke of Bedford's wall, a great number in the street, so that I passed with difficulty through the mob.

Then you was in your way to Devonshire-street? - I was.

At that time did you see the prisoner at the bar, Mr. Maskell? - I did.

Were you acquainted with his person before? - Some years. I have known him personally, though not intimately.

Whereabouts was he at the first time you saw him? - Standing facing Lord Mansfield's, by the fire, nearest to Lord Mansfield's door, with his hand upon a boy's shoulder who was putting books into the fire.

Did you observe whether he had any thing in his hat at that time? - Not at that time, I did not observe that he had any thing in his hat; I passed on immediately to Devonshire-street, to see if my wife and her father and mother were safe.

Explain to the jury what it was he was doing to the boy? - I looked on it that he was encouraging the boy; but I passed on; I did not then make observation, but passed on to Devonshire-street, to see if the family were safe. I did not then knock at the door for a very particular reason.

You did not stop but passed on? - I might be detained in passing by the door in the whole five minutes

Was this all you observed the first time when you was making your way to go into Devonshire-street? - I saw some furniture flying out, particularly a remarkable table, which struck my eye; it was thrown out of the two-pair-of-stairs room.

Was you near enough to observe what became of the boy, or what was done with the books he had with him? - There were several books which were burning upon the fire at the time, and this book; I saw the boy bring it down: he was a well dressed little boy. It was a large book; he just had come to the fire as Mr. Maskall clapped his hand upon his shoulder. The boy brought the book upon his head, it was a large book; it seemed to me to be a folio.

From the manner in which Mr. Maskall did that did it appear to you that it was done for the purpose of preventing the book from being thrown into the fire, or encouraging him? - He put his hand upon his shoulder in the manner one would to encourage a boy, to say good boy; but I was at such a distance that I did not mind the words.

Did you then go on to Devonshire-street? - I did, but I did not speak to any part of the family there, for I was pleased the family were a-bed for a singular reason; it was the only house I believe in the street that was not illuminated.

How long do you think it might be before you returned again into Bloomsbury-square? - About a quarter of an hour. I have in that neighbourhood a faithful honest servant, who lived with me many years, one Soss, an embroiderer; I went to see if he was safe, I saw him at the window that he was safe; then I returned again to Bloomsbury-square.

What time might it be before you returned to the square? - I stood some little time in Devonshire-street, to see if there was any light in the house, and I looked down into the area, to see if they had prudently concealed any light below stairs; seeing none, I would not disturb nor alarm my wife.

What is your conjecture as to the time? - I apprehend, from the time I left Mr. Sparrow's, till I got the second time back to Bloomsbury-square, that it must be near about two o'clock.

When you returned to the square, did you see the prisoner at that time? - Not immediately on returning to the square, for I stopped at the first and second fire; but in going on farther, I saw the gentleman at the bar standing with a blue cockade in his hat; another person had hold of his arm at that time; some books were then brought out to the door, and they were flinging so me things out of the windows and pulling down the window frames; and the shutters were flinging out on one side of the house, while some furniture was flung out on the other part opposite the Duke of Bedford's. I took particular notice of some books that were then burning; I made the observation, that the books could have done no harm, the mob carried their resentment too far. Upon that a man on my left hand said, What, Sir! in a menacing tone. I thought myself in some danger; I corrected myself immediately, and said, Lord George Gordon will get this bill repealed, it is a pity things are going so far. Mr. Maskall stood upon my right hand within one; he looked over that man's shoulder and said, It is a d - d lie, the bill will not be repealed. The man that said, What, Sir! was on my left hand, Mr. Maskall was next but one to me on my right.

What happened upon that? - A person upon my right hand, who stood even with me, said, Maskall, you are always in sedition, or you are a seditious person, I cannot say which, but words to that effect; I looked Maskall full in the face; he put his hand upon the man's shoulder that stood on my right hand between him and me, and said, That man in the black cockade (meaning me) is a spy; I had a black cockade in my hat.

How came you to wear a cockade? - I have had the honour to bear his Majesty's commission these thirty years.

In what capacity? - Upon the physical staff.

What is the nature of your appointment, what was you in the army? - In the last war surgeon to the Royal Dragoons, operating surgeon to the army. Since that I have been promoted.

You are entitled to pay? - Yes, and and to an honorary rank, I rank as a captain in the army. The man on my right hand next Mr. Maskall seised me by the collar, and cried out spies! spies! meaning me and my companion, as I supposed.

Court. This man, if I understand you right, had before said to Maskall, you are always in sedition? - No; another person who stood even with me said that; the person whom I made the remark to it was who called him seditious. Several people ecchoed his words; and the people who were about shoved me through the ring of people who were there, and then back again.

How far do you think you was shoved backwards and forwards? - About three or four paces backwards and forwards.

Was you by this shoving removed any farther from Mr. Maskall? - Getting back again I was shoved nearer to Mr. Maskall.

Did you afterwards make any observation upon Mr. Maskall's conduct? - I got hold of a person who had a leather apron on and appealed to him, thinking myself in danger, whether Lord George would not repeal the bill. By applying myself to these people, particularly a man whose button I laid hold of, who said Lord George would repeal the bill, I slipped from them, and then got behind Mr. Maskall. Just then the Guards came up; they came as from Russel-street way. I did not see the Guards till they were very close upon me. Maskall, who was before me at this time, pushed forwards some boys, and huzza'd and cried out, No Popery.

He or the boys? - He did, and the boys did the same.

How far distant might he be from the Guards at the time? - The ranks closed. Mr. Maskall went up close to some other of the mob, close to them; he huzza'd, and called out, No Popery.

Had he his hat on or off then? - He pulled off his hat and huzza'd, and said, No Popery. He had a blue cockade in his hat before he pulled it out. The mob pressed close on the Guards; the officer of the Guards pulled off his hat and told them that he would not hurt a hair of their heads, but desired them to disperse. I lost sight of Mr. Maskall. Then the Guards wheeled to the right; presently after I saw Maskall come near Bedford-wall again, and then there was a party of people, about a dozen, who came with a blue flag, and called out where next, where next! and then came up towards Mr. Maskall.

Do you recollect how far they were from Mr. Maskall? - They seemed to come from the nearest fire, next to the Duke of Bedford's.

How near do you think they were to Mr. Maskall when they said where next? - They were about twenty yards I fancy from where we stood. They came very near to where Mr Maskall stood; and when they asked where next? I heard the word answered, Duke

Do you know who gave that answer, Duke? - I really believe it was Mr. Maskall. It was the tone of his voice, but I will not so positively swear that it absolutely was his voice; but I most firmly believe it.

What became then of those persons who had the blue flag before them? - They turned about and went away; and I think then they returned back again. I did not see them go to any particular spot; I saw them join the crowd.

How near were you to Mr. Maskall at this time or did you get near to him at any time afterwards? - At the time I came up to Mr. Maskall I might be a yard and an half or two yards from him.

Were you near enough to distinguish whether the voice which made that answer Duke was either the voice of Mr. Maskall or of somebody in his company? - I did not look at his face at the time the words were uttered or I might have been more certain, but I most firmly believe it was his voice from the tone, and the impression that his words had made on me but just before.

After that did you hear any thing said to Mr. Maskall, and any body with him, and any answer given by Mr. Maskall afterwards? - After that I saw Mr. Maskall go towards Russell-street, and I went towards home. I had occasion to stop at the corner of one of the streets, and Mr. Maskall with three or four persons whom I had seen him walk with towards Russel-street, seemed then to be halting and close to a bulk. I heard a man who had a paper in his hand say, Why leave out Peterborough and Bristol? Mr. Mascall was inarm-hold with another person, him, and there were three or four more with You said he halted? - Yes. I did not immediately follow them to Russel-street, out within a minute or two I did; and I stopped a minute or two at the end of one of the streets. As I turned again into Russel-street it appeared to me as if Mr. Maskall and the people with him had made a sudden halt just at the instant. It was in Russel-street, on the left-hand side of the way. A person who seemed to hold a paper in his hand, or something that appeared to me like a paper, said Why leave out Peterborough and Bristol?

To whom was this addressed? - It appeared to me to be addressed to Mr. Maskall and the person who was with him in arm-hold.

Was any answer given, and by whom? - The answer was returned by Mr. Maskall. As near as I can tell the answer was, They are not left out, I have not scratched them out, but don't stay long in Devonshire, but go to the Bank, there is a million of money to pay you for your pains, and at the Excise-office there are forty thousand pounds not paid in.

After these expressions did you observe any other different persons address themselves to Mr. Maskall? - No. I passed them close.

Did you in your way home or in the course of the evening afterwards see any other persons address themselves to Mr. Maskall, or Mr. Maskall address himself to any of them? - No, after that I saw no more of Mr. Maskall.

What became of you? - I made an observation upon his conduct and I went home.

Were you near enough to Mr. Maskall to be sure that he was the person who gave the answer you have just now mentioned? - I am certain; I was very close at the time. I turned close round the corner; the people were then against a bulk at the corner of the street, and he stood nearer to the channel.

Were there many other persons about him? - Three or four that he went with; they appeared to be the same persons whom I saw him go with towards Russel-street.

Were there any other indifferent persons there besides yourself at that time? - There was another person in the street.

Cross Examination.

You live at No. 1, in Weymouth-street? - Yes.

Whereabouts is that? - It comes into Portland-road.

Your wife I think you say was upon a visit in Devonshire-square? - At her father-in-law's.

Was it the way then to go through Bloomsbury-square? - I could go no other way from where I was spending the evening that I know, unless I had gone across the fields which would not be safe and prudent.

How happened it that your wife should be upon a visit to her father and mother's without you? - I have expected for seven or eight months past to be called upon full pay, and consequently when I came to town I did not take a house; she has always when I have been in town been at her father's.

Then because you soon expect to be called upon full pay you do not take a house, but your wife goes and lives with her father and mother, and you take lodgings? - Yes.

What is the meaning of that? - It is a great deal more convenient to be with a parent who loves her than at a lodging.

So when you went to the house, from the affection you bear your father and mother you never knocked at the door to see if they were safe, but immediately left them? - Finding there was no light in the house I was pleased that they were abed, and I thought it would be cruel to alarm them.

Was there no other reason for your not entering that door? - No, for I sat up next night in that house.

Are you at liberty to enter that house when the father is at home? - I have not visited in that house for these nine years, though Mr. and Mrs. Morris have been frequently in the country with me for three or four days together.

Does not your wife live entirely with them and separate from you from the ill usage she has received at your hands? - So far from it that my wife is often with me, lies with me, and lives with me, and no man ever loved a woman better than I do her. I married her for love, and I love her still dearly.

At half after one you say you passed by? - I believe it might be thereabouts.

Mr. Maskall was then just before Lord Mansfield's door, in Russel-street? - I do not know the name of the street which Lord Mansfield's door comes into; he was opposite that door which comes out into the street.

There was I understand a fire just before the door? - Yes, there were three or four fires.

Were there no soldiers there at that time? - I observed two sets of soldiers. There were some soldiers on the pavement on the same side with Lord Mansfield's house in the square. The soldiers that I saw come as a guard to disperse the mob came from Russel-street.

I am asking whether there were not a number of soldiers that were in a circle before the house when you came there at half after one? - I did not see them. I saw the soldiers drawn up upon the pavement, but I did not see any when I first went there.

Was it on the pavement immediately before the door? - In the square on the side of Lord Mansfield's house.

Then the soldiers were in a line upon the pavement down the square, did they cross the street to the Duke of Bedford's wall? - No, I did not see them cross to the Duke of Bedford's wall.

How were the soldiers situated when you came back from Devonshire-street? - I did not see the soldiers then, I saw the soldiers as I came from Russel-street, when I first crossed Bloomsbury-square upon the pavement next Lord Mansfield's; I mean the pavement in the square. In no other position did I see soldiers, or take notice of them, but there might be.

At that time you say Mr. Maskall had no cockade in his hat? - I did not say that; I say I did not perceive any.

Did you speak to Mr. Maskall at that time? - I did not; I did not speak to him the whole night.

When you returned there you was so lucky as to see Mr. Maskall again? - I did.

Whereabouts was he then? - Nearer to the Duke of Bedford's wall, nearer to the last fire in the square.

Court. If I took you right, when you first saw the prisoner, he was on the opposite side of the street facing Lord Mansfield's? - He was.

And when you saw him again, upon your return, you then saw him near the Duke of Bedford's wall, was it near to Russel-street or the gate? - Between Russel-street and the gate.

Counsel for the Prisoner. At that time that you saw him between the Duke of Bedford's gate and Russel-street, were there a line of soldiers then between the mob and you and him? - I did not perceive any line of soldiers then on that side next to the house; there were soldiers upon the pavement on the other side.

Was not the pavement rather too close to the house for them to stand there; the house was on fire then? - No; the house was not on fire.

Were the fires within or outside the soldiers? - There were fires along Russel-street up to the square, there were four or five of them; I took no notice of the position of the soldiers further than I have mentioned, there were four or five fires that way from the street along the square, looking towards Southampton-row.

You are very particular as to the situation of the persons, one to your left hand, and the other to your right? - It made a very great impression upon me.

What did? - Every thing I saw that night; when I went the next day to Devonshire-street, I found my wife so extremely ill, in consequence of a fire which had happened that night; that I was obliged to sit up with her all night; her father was gone to the Excise-office, her mother was gone into the country; I then mentioned Maskall's name, and said I thought his behaviour very wicked.

And you mentioned all the circumstances that it was necessary to tell to day? - Not necessary to tell to day, for I mentioned it the next day and on the Thursday publickly in three different places.

Do you happen to know the person who said, Maskall you are always in sedition? - Yes.

What is his name? - Molloy.

Did not you hesitate a little in that answer? - No; I have declared it publickly before.

Molloy is a friend of your's, is he not? - Only a very slight acquaintance, he spends the evening in the same house that I often do.

Was he with you before, or only just at that critical minute? - I had desired him to go with me from Sparrow's, left there should be any danger to my family.

He set out with you from the place where you spent your evening, to Devonshire-street? - Yes.

You both set out together, and you both returned together; what was the reason he gave for saying Maskall was always in fedition? - He gave me a reason why he said so.

Molloy returned with you from Devonshire-street? - He did.

He came up directly with you to the place where Mr. Maskall stood? - I will not take upon me to say he came up directly with me, because in a crowd people are often a little separated; he came up and stood close to me, and was so when he said to Maskall, you are always in fedition.

Upon which Mr. Maskall said, the man in the black cockade is a spy? - Yes.

He meant to compliment you upon that occasion? - I believe so.

I think you say you are a surgeon in the army? - An apothecary.

Do other apothecaries in the army wear cockades? - There is a standing order of the army, in order to distinguish the gentlemen upon the staff, and the surgeons in the regiment, by Prince Ferdinand, the Marquis of Granby, and General Conway , that they should be distinguished by a separate uniform.

How long have you received half pay? - Seventeen years.

Have you constantly received it for seventeen years? - I have sworn to it constantly, I swore to it last Monday, before Justice Wright; I took out my certificate at the War-Office.

For seventeen years you have received this half pay? - I perceive your quibble, it is by way of exposing my character. I have not received the whole of it, but only a part of it; for in order to discharge some debts that I owed, the regiment which I was surgeon to, I parted with part of it.

I do not mean to quibble, but it is my duty to sift your character: Have not you been a bankrupt within these few years? - Not a few years, it is sixteen years ago.

And you have received your half-pay ever since, instead of your creditors? - My creditors have nothing to do with it, as I understood.

You have been an insolvent debtor since that time? - The government, some years ago, held out to officers an act of parliament, that they would be relieved from any sums of money that they had taken up upon usurious contracts upon their pay; a great number of officers embraced that opportunity, and exposed their names and characters, without any effect, for it had no effect in the Pay-office.

You have shown sagacity enough in the course of this business this morning to understand the question I have put to you; Have you been in jail within these last sixteen years? - No; I never was in jail.

Have you or not been cleared under an insolvent debtors act? - Under that clause of the act for the benefit of officers I was, but I never was arrested, or had any demand made against me for the monies.

Have you ever had your certificate as a bankrupt? - I had it immediately.

Have not you within these three or four years assigned over your effects for the benefit of your creditors? - Yes, upon leaving Kingston, I did.

How long ago was this? - Last August.

These effects were assigned over by a bill of sale, I believe. - They were.

How long was it that you was near to Mr. Maskall, within his sight, upon your returning from Devonshire-street with Molloy till the time you left him, when the Guards came up? - I had not been very long there before these words passed, that I was a spy.

How long was it? - I suppose I had been in that circle four or five minutes when I made the observation, that it was a pity the books should be burnt.

Then, in four or five minutes after you had been there, he went down to Great Russel-street? - I stopped some time; when I returned, I did not see him in the place where I first saw him; but in going on farther, I saw him; I stood by him, and there happened the conversation I mentioned.

You saw him when the Guards came up? - Yes, and I saw him before the Guards came up.

You had omitted seeing him some little time? - I was turned during the time, I was shoved about by the mob, but just as I got loose from them, the guard came up, and I then got behind him.

You said, I think, that you saw him opposite Bedford wall? - Yes, near the spot where I had left him.

Then you continued to see him near Bedford wall when you returned, till the time he walked towards Great Russel-street? - Yes.

At that time he was walking with a gentleman under his arm? - He had hold of a gentleman or a gentleman had hold of his arm.

What kind of a man was that, a fat or a lean man? - I did not take particular notice, he seemed a good-looking man.

So these two gentleman were walking away down Russel-street? - With three or four other persons.

What sort of persons? - They did not appear very reputable persons.

So you took the opportunity of walking after them? - It was time for me to go home.

Just at the time Mr. Maskall did? - He had gone two or three minutes before.

You do not mean that you dogged him? - I did not mean to dogge him.

You heard this conversation about the Bank and Excise and God knows what? - I saw and heard every thing I related.

And they could see you too, I suppose? - I do not doubt it.

Was Molloy with you at that time? - He was.

Did you not think it rather imprudent in Mr. Maskall to hold this treasonable and diabolical conversation, when they saw you whom Mr. Maskall had before said was a spy?

Counsel for the Crown. He did not say they saw him.

Counsel for the Prisoner. Yes, he did say so.

One of the Jury. I do not understand him so.

Counsel for the Prisoner. What did you say? - I said they might have seen me. I turned round the corner as I said before and they seemed to have made a sudden halt.

If four or five people were in company and they had made a sudden halt in all probability they would have looked round so as to have seen you, you was near enough to hear their conversation and to see Mr. Maskall's face, and therefore it was possible he might have seen you? - It was.

Was it not more, was it not probable? - I think not, while he was talking to them.

So Mr. Maskall, who before had told the mob that you was a spy, was so imprudent as to hold this conversation while you was at his elbow? - I believe they made that sudden halt not supposing that I was near them. When I turned up the street they were not there; I did not take notice of them.

So there were Mr. Maskall and the gentleman who was with him, and three or four persons who did not look quite so creditable, and Molloy and yourself? - There were.

There was no mob at that time in the street? - I saw no mob in the street.

I would not misunderstand nor mistake what you said, you said some time ago, when asked who was in the street, that no indifferent person was in the street besides yourself? - I did not say that; the question asked from my Lord, was, whether there was any indifferent person in the street. By indifferent person I comprehend my Lord meant any indifferent person with him; when it was asked, any person like myself. I said yes.

Court. I meant persons whom the prisoner might be cautious of speaking before? - I observed there was only that one person with me whom I mentioned before.

Court. That was Molloy? - Yes.

Counsel for the Prisoner. What time was this? - I was abed a little after three o'clock.

How do I know when you go to bed. I am asking you at what time this conversation in Russel-street was held? - I suppose I was twenty minutes going home and getting to bed.

Then it was about half after two? - I suppose so or rather near three.

I am desired to ask you whether you are not now an insolvent? No, I am not.

Court. Did you give any account of burning the books when you was examined before the magistrate? - I think I did. I think I mentioned every circumstance then as I have now mentioned them; and I declared I had no view whatever of any reward. I declared the whole on Thursday to a friend of mine, who will appear. I declared it likewise to some gentlemen at the coffee-house. I likewise declared it afterwards at Mr. Sparrow's. And when Mr. Maskall and his counsel were admitted before Justice Wright, I desired they might cross examine me, and take any notes they pleased. I believe I see the gentleman in court who took some memorandums.

Court. As to the reward that is out of the case, for he discovered it next day? - I did, but I declare to God and this court I never had any idea of any malicious intention against Mr. Maskall.

It does not appear upon the examination, as returned by the justice, that any thing is said about the books having done no harm.

SIR THOMAS MILLS sworn.

Whether you was at Lord Mansfield's house upon Tuesday the 6th of June at the time of the riot? - I was.

Do you know the prisoner? - I do. I knew him by sight before.

Be so good as to tell your story in your own manner? - At about a quarter after twelve o'clock on Tuesday night, or rather Wednesday morning, we heard the mob coming up the east side of Bloomsbury-square.

Where was you? - In my lord's house. They then began to break the windows in the dining parlour of the house. Lady Mansfield and the ladies came down stairs. I conducted Lady Mansfield to Lincoln-Inn-Fields, and left her in a house there. I instantly returned, knowing there was a detachment of the Guards in the square in order to make them act and save the house. I found the officer at the head of his detachment in the square at his lordship's house. I applied to him to enter the house with his men; he told me that the justices of the peace had all run away, and that he would not and could not act without the civil magistrate. I had some warm words with him, pretty high, but he insisted upon not acting without the civil magistrate. The mob heard me talking in this manner, they seised me and dragged me towards the fire; there were two or three fires then near Lord Mansfield's house, and they threatened to throw me on the fire; one of the people behind called out to me Maskall will protect you, call to him; there he is very active.

Counsel for the Prisoner. You know very well that you are not to give an account, particularly in the case where a man's life is at stake, which is not evidence.

I looked for him. Some gentlemen interfered and rescued me from the hands of the mob; at that time I looked and saw the prisoner at a good distance from me, beyond all the fires; they happened at that time to be bringing out Lord Mansfield's gowns and wigs, when the prisoner with others, upon these things being thrown into the fire, huzza'd and cried out No Popery! He had a blue cockade in his hat. I afterwards went to two or three streets in the neighbourhood where I was told any justices of the peace lived, which might take me up near half an hour, and carried it as near as I can guess to a quarter or half an hour after one when I returned. I found no justice at home any where. I returned again and they had then got into the library; there were five or six coming out at a time, with papers and parchments and books in their hands; at that time I saw the prisoner upon the upper step of Lord Mansfield's house.

Where was you? - In the square. I tried to make a dash to get round the fires, as I could not go between them, and to get upon the top of the stairs, in order to expostulate with them once more about the papers and the books.

I do not recollect that you mentioned any expostulation with them before? - I did speak to several of them before.

Not to the prisoner? - Not to him; I meant to expostulate with the prisoner at that time.

Counsel for the Prisoner. You said with them? - With him I mean.

Court. You said expostulate with them once more? - I did at first, upon seeing him, mean to call out to him to protect me; three or four of them, who were pretty well dressed men, and whose faces I should know, if I was to see them again, laid hold of me, and advised me not to go a step farther, for otherwise I should be thrown inuo the fire or into the area, for they had marked me and were determined to do it. I then thought it more prudent to leave them, and I never saw the prisoner after that to my recollection. I went down to the Secretary of State's office to know whether there existed any civil magistrate; and I came back again about a little before three, and I then looked round for the prisoner but I did not see any thing of him.

You say you saw the prisoner upon Lord Mansfield's steps? - I did.

Did you either hear him say any thing or see him do any thing? - I did look, and I cannot, in my conscience, swear that I saw any thing in his hand; but there was an activity about him; they were passing him with papers and books in abundance.

I ask you rather for form's sake than any thing else, to describe to my lord and the jury the situation in which this house was left by the mob? - I was there all the night, excepting those times I mentioned, when I went away; I left it at six o'clock in the morning, when the roof fell in.

What did they pull down? - They threw out pictures; they first emptied one room, then another room; when I came back at three o'clock, I did not conceive them to be the same mob I left; they seemed to have changed their complexion, they xcept not seem to be so well dressed.

In fact, the house was totally demolished, except the bare walls? - Yes.

Was the wainscoting demolished? - Yes, every thing. I went into the house a quarter after three o'clock, then there were fires in three or four of the apartments.

Cross Examination.

When you came back, they seemed, you say, to be another mob? - Yes.

What time was it when you returned from conducting Lady Mansfield to Lincoln's-Inn-Fields? - I think about half an hour; I walked with her down, and made all the haste I could back.

It was after twelve o'clock when you conducted her ladyship out of the house? - Yes, a quarter after twelve.

When was it that the windows of the parlour were broke, what time was that? - I think that might be about a quarter after twelve o'clock before I left the house.

What time was it that you had the conversation with the officer of the Guards? - Immediately upon my return.

How long might that conversation last? - A few minutes.

How long had you been kept by the mob when you was seised and dragged in the manner you have described? - Two or three minutes, probably; they had time to drag me about, and tear my coat off my back.

Can you describe what time that was when the person called out, there is Maskall, call to him for assistance? - About three quarters after twelve o'clock.

It was that when you returned? - It might be a few minutes more.

As nearly as you can, what time was it that you heard that man call out to you to call to Maskall to protect you? - Before one o'clock.

At that time he was at a considerable distance from you? - Such as the distance of three or four fires.

What distance might that be? - The breadth of a house.

That is very indeterminate? - Seven or eight yards.

After this you was rescued? - I was.

Then you went in search of magistrates in order to protect the house? - I did.

How long might you be absent upon that? - Half an hour.

Then this brings you to a quarter after one o'clock, or more? - A quarter or near half an hour after one o'clock when I returned.

When you returned, was that the first time you took notice of Mr. Maskall's being upon the steps. - It was.

About half after one o'clock? - Yes.

Did you see any body else upon the steps besides Maskall? - Several with blue cockades.

Was there any body that you knew? - No, not one.

You say you had seen Maskall before? - Yes, I have seen him many times; I knew him by sight.

Have you ever been in company with him? - Never; I can tell you how I know him by sight; I lived in his neighbourhood six or seven years; I have a house in Poland-street; he lives not a great distance from that; I used to pass his door five or six times in a week, and I have seen him in his shop frequently.

You have however often seen him before? - A hundred times.

How came you then to go to the prison to see Mr. Maskall, before you went before the grand jury? - I had an order to some other people, and therefore I went in.

Who did you carry with you? - I did did not carry any body.

You had an order to carry other people? - My lords servants, who went without me; I happened to be out of town, and they went without me.

Why did you go? - To satisfy myself.

Then you was not satisfied before? - I was satisfied before perfectly.

You said you went there to satisfy yourself; if you was satisfied before, why did you go there, the intention of going down was to be satisfied, whether it was Mr. Maskall or not? - I had not seen Mr. Maskall for two or three years, not since I left that neighbourhood.

You was not satisfied before you went down? - I was perfectly satisfied.

Why did you go then; what was the view with which you went? - That is a question I do not see any necessity for answering.

You can have no objection to answer why you went there? - I had no kind of view in going there, I had an order to carry my lord's servants, and they went with some other order.

Then you went without those people, what was your motive for going there? - It being in the night, I might have occasion to go to satisfy myself that it was the man.

Then you went to be satisfied, not being satisfied before? - I was perfectly satisfied before. I had not seen him for some years, and there might perhaps be doubts.

Had you any doubts? - In my conscience I cannot say I had a doubt.

Why might there be doubts if you had none? - Yes, in the night and in a tumult of that sort it is very reasonable to suppose so.

And you went down there to be satisfied? - I went there to satisfy myself.

I wish to know whether you was an object of an indictment for an assault some time ago?

Counsel for the crown. Are we come here to try any indictment for an assault.

Court. No I was going to stop the counsel for the prisoner, if he had not stopped himself when he was enquiring the private situation of the last witness with his wife.

Counsel for the Prisoner. My Lord, I meant to ask whether Sir Thomas Mills had not been indicted for an assault, that he had been acquitted, and whether he had not made an affidavit which is the subject of an indictment.

Court. A witness must be in a dreadful situation if you can examine into a private fact relative to him, which he knowing nothing of before cannot disprove. You may impeach any man's character by calling witnesses to his general character, but you cannot enquire into particular facts.

Counsel for the prisoner. When was it you first made your evidence known? - Frequently to my private friends.

When was it you first mentioned this? - The very day after: I did not go to bed that night.

Did you go before any magistrate? - No, I did not choose that; it was with difficulty I was brought here. I was pressed. I did not make up my mind about coming here till very lately.

Not till you went before the grand jury? - Not till I went before the grand jury.

That was the day you went to see Mr. Maskall? - I am not perfectly sure of that.

Counsel for the Crown. You stated that you had an order to go to the prison where the prisoner was confined, for the purpose of seeing him? - Yes.

Was it in consequence of that order or request that you went? - I asked for the order of admission for Lord Mansfield's servants. It was to admit the bearer or some such thing.

Counsel for the Prisoner. Were any of Lord Mansfield's servants present during the time you say you saw Mr. Maskall upon the steps? - No, not with me, I believe. But the first time I saw him there were, and there were some about me at the time the mob had hold of me.

At the time you say you saw Mr. Maskall on the steps were they near you? - I do not recollect that they were.

When were they with you before? - I spoke to them frequently in the course of the evening.

You never saw any of Lord Mansfield's servants after that? - Yes, I saw them till six in the morning, in the square and about.

Did you see them any ways near you at the time you describe to have seen Mr. Maskall; - I do not recollect that.

Counsel for the Crown. Whether you have not related and particularly to Mr. Chamberlayne this story, and the recollection of the prisoner before you saw him in prison? - Yes.

Counsel for the Prisoner. The witnesses's conversation with Mr. Chamberlayne is not evidence.

Counsel for the Crown. Was you or not desired by any body to go to the prison to see the prisoner? - I am not sure whether Mr. Chamberlayne desired me to go; I think he did.

Did he or not give you any note? - He gave me a note.

And in consequence of that, after you had told him your story, did you go to see the prisoner? - I did.

Court. You mentioned that they were bringing out Lord Mansfield's gown and wig when the prisoner, with others, huzza'd, and cried out No Popery? - Yes.

Whereabouts was the prisoner then standing? - I was at the corner of the square, at the corner of Lord Mansfield's house; the prisoner was about eight or nine yards from me towards Southampton Buildings.

How far from the house? - Four or five yards in the front of the house, and seven or eight yards distance from me.

WILLIAM GROVE sworn.

You are Lord Mansfield's porter? - I am.

Do you remember being in the house when the mob came there? - Yes.

About what time did they come? - As far as I can recollect between twelve and one.

Did any of them get into the house? - They did.

By what means? - They first broke the windows. Where they broke them I chained up the door to keep them out as long as I could; they forced the door open with iron bars and came in that way.

When they got into the house what did they do? - They began throwing out the furniture.

Did they do any thing to the house? - After the furniture was thrown out, I saw them tear down the window-shutters.

When did you quit the house? - I believe between four and five o'clock.

During the time you was there, besides the furniture being thrown out was any thing else done? - Some of the iron rails were pulled up.

Was any thing done to the inside of the house, the wainscoting and so on? - I saw only the shutters pulled down. I did not take any particular notice afterwards. The door was split down.

What became of the door-posts? - I did not take any particular notice about the door-posts. The door was taken down.

What condition was the house in in the morning? - Totally burnt.

Cross Examination.

Whether you happened to be upon the steps at any part of the time? - I was some part of the time.

Did you see Mr. Maskall there? - No, I did not; I never saw him till I saw him at the office in Bow-street.

What time was you upon the steps? - I think between one and two.

And you saw nothing of Mr. Maskall? - No.

Counsel for the Crown. Was this before they broke into the house? - It was after they broke into the house.

Was there any body upon the steps at that time but yourself? I saw Mr. Loton there.

Did you see any people there whom you did not know? - There were a great many of the mob about the door then.

But upon the steps? - Yes; several of them were talking to Mr. Loton.

Counsel for the Prisoner. I suppose you were backwards and forwards pretty often in the night? - Yes, to get out things. I did not take any particular notice of any body.

You saw the fires? - I did.

You saw the people who were standing about the fires? - Yes; but not to know any of them.

What time might it be before they began to burn the house? - I think it was about four o'clock.

Counsel for the Crown. You was upon the steps you say? - I was.

You are not very correct as to the time? - Yes.

When you was upon the steps Mr. Loton was there? - Yes. I remember his being upon the steps talking to the mob who were about the house.

Were any of them in the house at that time? - Yes; several in different rooms.

Did you observe any thing particular that they were about? - I saw them bring a large picture out of the parlour, which was Sir Thomas Mills 's picture.

Did you observe any thing else particular at the time you was upon the steps? - It was in such a confusion that I cannot recollect.

Counsel for the Prisoner. I think you said you believed it was between one and two? - It might be so, but I will not be certain.

Court. Is not Molloy here?

Counsel for the Crown. I believe he is.

Counsel for the Prisoner. His name is upon the back of the indictment.

Court to the Counsel for the Crown. Do not you mean to examine Molloy.

Counsel for the Crown. We do not mean to examine him; he is here I understand if they please to examine him.

Counsel for the Prisoner. I beg it may be known he is not subpoenaed by us.

Court. Mr. Maskall, the counsel for the prosecution have finished their case, and examined all the witnesses they propose to examine, have you any thing that you choose to say for yourself, or any witnesses which you choose to have called and examined on your part.

Prisoner. Yes, my Lord, I have something to say for myself, and some witnesses to call.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury, Permit me to implore your patient and serious attention, while I defend myself against a charge, which I am called upon to defend with my life. The humanity of the law presumes every man to be innocent, and the good sense of the jury will suppose there must be some adequate inducement for the commission of a crime, when you consider that my profession supports me in affluence, and that my character has been irreproachable, I trust you will expect the clearest and most decisive testimony in support of so atrocious and so incredible a charge, as having incited and abetted the mob in the destruction of Lord Mansfield's property. I defy my bitterest enemy, I call upon the most profligate of my accusers to assign a reason for such conduct. Will you then, my lord, and gentlemen of the jury, suppose that I, who have lived hitherto neither accused nor suspected of any criminal or even dishonest action, should associate with boys, pickpockets, and the lowest dregs of the people, and in the face of my neighbours and acquaintance, in a place where I am particularly and almost universally known, that I should, without any possible motive, be guilty of so horrid a crime, although not one of these neighbours appear against me: on the contrary I shall produce many of them who are housekeepers, and persons of good credit whose testimony will flatly contradict the evidence given by the witnesses for the prosecution. It is extraordinary that from the 7th to the 17th of June Mr. Ingram should have concealed my supposed guilt, which it was so much his interest to have discovered; and that ten days should have elapsed before he gave his information. God forbid that I should insinuate that the reward of fifty pounds could have any influence on the evidence of any honest man, however poor, however distressed; but when infamy is united with poverty, such a sum carries with it irresistable temptation. It is to me a painful task to expose the characters of these witnesses, though they have been unfeeling enough to attack, upon false grounds, not only my character but my life. In justice therefore to my other witnesses, and to relieve you from any difficulty in determining to whom you should give credit, I ought, and doubt not to be able, u od evidence, to prove that the witnesses the prosecution are worth of no credit. I will shew you by the most undeniable testimony, that Ingram has been a bankrupt, that he has been discharged by an act of insolvency, that he is now insolvent, and that his word and his conduct are as exceptionable as his credit. It is very singular that Molloy, who was with Ingram the whole time, is not called by the prosecutors as a witness against me, though If evidence would be so material in the support of Mr. Ingram, especially as he attended at the justice's when the information was laid against me; and at my examination, besides his name being on the back of the indictment. In respect to Sir Thomas Mills , though the distress of his circumstances may not be inferior to Ingram's, yet I mean not to insinuate that any reward would influence his testimony, but he may perhaps concei ve that his zeal will be the best proof of his attachment, and the best road to his preferment. It is possible that his wishes may have led him into error; that he really believes me to be the person whom he has mistaken for another. Sir Thomas Mills well knows that this is not the first time in which he has unfortunately been mistaken upon his oath, today no worse of it; for I have now in my hands an affidavit of his, which was positively contradicted by five witnesses upon oath, and who are now attending to contradict him again.

Court. I am sorry, in the situation you stand in, to interrupt you; it is indeed very painful to me, but as what you offer cannot be admitted in evidence it is my duty not to permit you state it. I am very sorry to be obliged to interrupt you,

Prisoner. I, with the greatest submission, hear and attend to what your lordship is pleased to give me in instruction; but when my life is at stake, and I have now an affidavit of that gentleman's in my pocket contradicted by five positive witnesses, three of whom are now attending, I trust your lordship will permit that to be given in evidence.

Court. I am sure you would not, upon recollection, wish your acquittal should be attended with the admission of improper evidence.

Prisoner. Reflect for a moment on the improbability of the charge; recollect the character of the persons whose interest it is to prove it, and consider the degree of solly imputed to me by it, and then let me ask you whether in your consciences you believe me guilty? I speak with boldness, for I am armed with innocence. I dare therefore speak the language of truth. Happily for me providentially I may say, for the Almighty still protects the innocent, I can produce my ervants, and my neighbours, to prove that I was in my own house in Oxford-street, when I first heard of the fire, with my night-cap and slippers on; that I expressed much concern at it; that it was near one o'clock when I left my house; that in coming into Bloomsbary square, for I admit I was there, I met with two acquaintances with, or near, whom I stood about an hour close to the Duke of Bedford's gate. I continued a quiet and peaceable spectator during all the time I staid there; and so far from stimularing the mob, I declare solemnly, I frequently lamented the mischief they were doing; this I can prove by several housekeepers and other persons of credit, who, thank God, accidentally happened to be there, and saw me at different periods till I returned home. I shall likewise call other witnesses of equal credit, who know me, to prove that they, from their situation near Lord Mansfield's house, and the notice they took of the rioters, must have observed me if that, which is imputed to me, had been true; but that on the contrary they did not even see me, it was indeed impossible they should; for I was at a distance from the house, and from every person who was in the least concerned in the outrages committing there. On my return home, between two and three o'clock, my servants will testify I spoke of the mob with horrour, and of the mischief they had done with unfeigned concern. When you have heard all this evidence I am confident you will not believe that I am guilty of this horrid offence; you will not withhold your credit to the great number of witnesses, all of unblemished characters and most of them housekeepers living in the neighbourhood, and who can have no other interest in the event of this business than the heart felt satisfaction of protecting innocence from that punishment which guilt alone deserves, and you will not, in preference to them, implicitly believe witnesses whose characters are exceedingly suspicious, and whose testimony is interested. Forgive me, my lord, and gentleman, if I detain you for a moment longer, but my anxiety, my lord, to vindidicate my injured reputation induces me to trouble you with some witnesses who will tell you who and what I am, who have known me for many years, who have honoured me with their friendship, and who, I trust, will declare I have not disgraced that friendship. To them I beg leave to appeal for the integrity of my heart and the uprightness of my conduct; to you, gentlemen, I most chearfully submit my fortune, my character and my life; and I do not entertain a doubt but that your verdict will give perfect satisfaction to every man who is not interested in my death.

For the Prisoner.

- EVANS sworn.

You are a servant, I believe, of Mr. Maskall? - Yes.

Do you remember the evening of the fire at Lord Mansfield's, the 6th of June? - Yes.

Was your master at home that evening? - He was till half past twelve o'clock.

At that time how was he dressed, as a man going out or going to bed? - I had fetched my master's slippers and night-cap for him to go to bed.

How happened it he did not go to bed? - I went into the street, enquiring where those fires were? they told me at Lord Mansfield's. I ran in and told my master that Lord Mansfield's house was on fire.

Where does your master live? - In Oxford-street, No. 57.

What part of Oxford-street is it? - Two doors from Berner's-street.

What time will it take to walk from your master's to Bloomsbury-square; did you ever happen to walk that way? - No, therefore I cannot say; but I imagine my master could not be above twenty minutes. I told my master I heard Lord Mansfield's house was on fire; his answer was God forbid! He ran out into the street and desired me to fetch him his great coat, for, he said, he had an acquaintance in Russel-street, and he would see if all was safe.

Was any one in the house at the time this conversation passed between you and your master? - No; they were all at the door.

Who? - Mr. Nichols and William Ellis were at the door.

Are those servants in your house? - The journeyman is Mr. Nichols, the porter is William Ellis .

Were any of your neighbours in the street at that time, that you knew, who spoke to your master? - Yes.

Who were they? - Mrs. Sawyer was at her door; she lives next door to my master.

Did you see Mrs. Simpson and Mrs. Hough and her daughter? - Yes; they came up to me soon after.

Did they pass, or converse with your master before they came up to you? - They told me they did.

At that time was your master gone? - He was.

At what time did your master leave his house? - As near as I can guess, about half past twelve o'clock.

Can you tell when he returned again to his house? - At half past two; the watch were going half past two as I stood upon the stairs with a candle to light my master to bed.

Were the journeyman and porter at home when he came home? - They were just gone to bed; but the porter got out of bed to open the door, and he let my master in.

Did your master tell you when he came home whether there had been a fire at Lord Mansfield's, or what he had seen? - I asked my master? he said yes it was the horridest sight he had ever seen in his life, and the most awefullest thing he ever met with, and it chilled his blood in him.

Cross Examination.

You are a servant maid? - Yes.

He went out in a great hurry? - Yes.

Had he his slippers on? - No. He was unbuckling his shoes; he buckled them again and went out immediately.

Did he take up any bat that was in the way? - He sent me for his great coat and his hat.

The hat had no cockade in it? - I saw none.

It had no cockade in it when it came home? - I believe he left it upon the counter when he came in, I did not see it.

He was not called up again that night, was he? - He was about five o'clock, as near as I can guess.

Did he tell you what they had done at Lord Mansfield's that shocked him so much? - He said they had burnt very fine furniture.

Did he tell you any thing else? - No, nothing more.

MATTHEW WOOD sworn.

What trade are you? - A coachmaker.

Where do you live? - In Dean-street, Oxford-road.

Do you remember seeing any thing of Mr. Maskall on the Tuesday when the fire happened at Lord Mansfield's? - Yes, I do.

What passed between you and Mr. Maskall at that time? - When I went to the fire it might be about half after one; I stopped there about ten minutes.

Where did you first see Mr. Maskall? - At about twelve at night at his own house; he came out and said Wood, where do you think the fire is? I said, Sir, some say it is at Lord Mansfield's, and some say it is at a school. Said he, Evans get me my great coat and I will go and see where it is. He went directly; in about a quarter of an hour after, or it might be more, his shopman and I went there. When we came to Russel-street, I saw no disturbance in the least. When I came back to Great Russel-street, I saw a fire in the square. There was a fire at a school, I think it is in Little Russel-street.

Whereabouts in Little Russel-street? - Upon the right hand of Great Russel-street, going from Tottenham Court-road into the square. Coming into Great Russel-street I saw a fire in the square. I said to Mr. Nichols let us go and see whether this fire is at Lord Mansfield's. We went into the square. I went within the iron rails, the gate was open, and I walked there; I might stop there about a quarter of an hour; I did not like to stay any longer for fear any lives might be lost. Coming home again, I walked by the Duke of Bedford's dead wall; and just by the gate I saw Mr. Maskall talking with a gentleman and lady there.

What time was this? - It might be a quarter before two.

Where was it that Mr. Maskall was standing when you saw him? - There is a gate in the centre of the dead wall at the Duke of Bedford's, it might be about half way from that dead wall, or not so much, to Lord Mansfield's.

How long might you observe him in that situation? - I was with him about a quarter of an hour; I had my hand upon his shoulder while I was conversing with him.

And that, I think, you said was about a quarter before two? - It might be about two when I left him.

What was the behaviour and conduct of Mr. Maskall during all the time you was there? - Standing very quietly, as far as I saw; all his discourse was to this lady and gentleman.

Did you see him do any thing, any one act whatever, to encourage the mob? - No; very far from any such thing. I know Mr. Maskall extremely well.

Did you see him do any thing whatever to encourage them? - Not in the least.

If Mr. Maskall had done any thing to encourage the mob should you have seen him? - Undoubtedly I should have taken notice of such a thing, if I had been by.

If any persons with flags had come up to him should you have seen it? - Undoubtedly.

If any person had come up to take directions from him, for any part of their conduct, or what they were to do, should not you have seen it? - I should.

Then no such thing passed, did it? - No such thing

Did any thing drop from Mr. Maskall upon the occasion? - Nothing that I heard; I cannot pretend to say what the discourse was between this gentleman and lady and him; but when I came home he said, how do you Wood? that was all that passed. I was talking to the shopman about the disturbance that had happened.

Cross Examination.

When you went away you left him there? - Yes. The watch was going past two when I got home.

JOHN COOPER sworn.

Where do you live? - In Queen-street, Bloomsbury.

What are you? - A cheesemonger.

Did you happen to be in Bloomsbury-square the night of the fire at Lord Mansfield's? - Yes.

In what part of the square was you? - About five yards from the Duchess of Bedford's gate.

Was you there at one o'clock? - I believe I was, or a little after; it could not be more than a quarter after one when I came there.

How long did you stay there? - I was at my own house at ten minutes past two exactly.

From the time you came there to the time you went away from the square did you continue in that place? - Within a few yards of it.

Did you see Mr. Maskall there? - Yes, I did; about five minutes after I came there.

How near did Mr. Maskall stand to you? - When I first saw him he was standing close behind me.

What was his behaviour at that time? - Very quiet and very still.

Are you acquainted with Mr. Maskall? - I am through business.

You know his person perfectly well? - I do.

How long did you happen to keep your eye upon Mr. Maskall? - During the time I was there, I cannot say that I was ever three or four minutes without having my eye on him; about two minutes before I went away I did not see Mr. Maskall; he told me he was going home.

Do I understand you to say that during the whole time that you yourself staid, which was from very soon after one till near two or quite two o'clock, you had not Mr. Maskall out of your sight for above two or three minutes at a time? - No; I cannot think it was more, for whenever I looked I saw him.

And what was his behaviour? - Very quiet; as quiet as any spectator.

If he had behaved during any part of that time unlike a quiet innoffensive spectator must you have seen it? - I must.

Did you see any person during that time come up to him with any blue flag, or a flag of any kind? - No; I saw no flag.

Did you see Mr. Maskall speak to any persons that were active in the mob? - I did not.

Did you see any that were active in the mob address themselves to him? - No; I did not.

Did you see Mr. Maskall speak to any of the other spectators? - Yes. I saw him speak to different people at different times, but I was not near enough to over hear the conversation.

But to none you heard him speak that were at all in the activity of the mob? - No; only to quiet spect ators.

Did he speak to you? - He did.

Who was with you? - My wife.

Did he speak to both of you? - He did.

Where might the soldiers be at that time? - I cannot be particular to a few yards, but they were by the sides of the fires that were lighted.

Were the soldiers between the mob and you? - I was outside of the spectators.

What distance might Mr. Maskall be from you at the time you are now speaking of? - I suppose not more than five or six yards.

And you saw the whole tenor of his behaviour during the time he was at the Duke of Bedford's gate? - I did.

At what time did you first speak to him? - It could not be more than a quarter past one. I said what shocking work this is; in about half a minute something was thrown out at the window. Mr. Maskall held up his hands and said, Good God! how shocking it is to see all this fine furniture destroyed.

Were they creditable innoffensive looking people that you saw him speak to? - They were.

Then upon the whole was the tenor of Mr. Maskall's behaviour during all that time that you saw him, just the same as your own, your wife's, and every other person you saw there that was inoffensive? - It was.

What time was it that Mr. Maskall told you he was going home? - I think it was about two o'clock.

You think you must have seen if there was any thing improper in Mr. Maskall's conduct during that time? - I think I must if any thing had happened like it.

Cross Examination.

Did you go there out of curiosity? - We heard there was a fire near our house, we could not go to bed we were so frightened, therefore I went to see where it was.

Did any body go with you, besides Mrs. Cooper? - No.

The first place where you saw Mr. Maskall was near the front gate of the Duchess of Bedford's? - Yes.

Nearer to the gate or Lord Mansfield's? - Nearer to Lord Mansfield's.

You turned yourself towards Lord Mansfield's house? - Yes.

And kept fixing your attention to what passed there? - Yes.

Did you change your place during the time you staid? - Not perhaps above two or three yards backwards and forwards upon that spot.

Mr. Maskall was, you said, behind you at first? - He was.

Did you converse with any body besides Mr. Maskall? - No.

Was there any other person that you knew there that you recollect? - Not any.

Did he keep behind you all the time? - No; he was sometimes a few yards one way or the other, my eye was generally upon him; there were not above two or three minutes, to my knowledge, that I did not see him.

How many times did you speak to him while you staid there? - I do not recollect how many, but what passed there was lamenting the destruction of the furniture and such things as that.

Did you leave Mr. Maskall there? - He said he was going home about five minutes before we came away.

Will you swear that he went away before you? - He went past us and turned up, as if going to Great Russel-street; when he came by he said, I think, I will go home, and I never saw him any more; we staid about five minutes after that.

Which Great Russel-street do you mean? - He turned up towards the Museum.

That is the way to Oxford-street, to his own house? - It is.

SUSANNAH COOPER sworn.

Mr. Cooper is, I think, your husband? - He is.

Do you remember at what time in the night it was when your husband and you first went into Bloomsbury-square? - It was one o'clock or a little after, to the best of my knowledge.

Did you see Mr. Maskall there? - I saw him there.

Was it soon after you came into the square that you saw him there? - To the best of my knowledge, it was about five minutes after.

What part of the square was you in at the time you first saw Mr. Maskall? - By the Duchess of Bedford's wall near to the gate.

Was it between the gate and Lord Mansfield's house? - Yes.

Are you acquainted with Mr. Mascall? - I saw him once before that evening.

Mr. Maskall dealt with your husband? - Yes. Mr. Maskall once called at our shop and paid a bill.

Did you hold any conversation with Mr. Maskall? - I do not recollect any conversation; he asked us how we did? we asked him how he did; he joined with us in lamenting the loss of such fine furniture. The particular expressions I do not remember.

I only wish to know how long you and Mr. Cooper continued with Mr. Maskall, or how long you had him within your eye? - It was ten minutes past two when we got home.

How long do you think you were walking from Bloomsbury-square to your own house? - A few minutes.

Had Mr. Maskall left you before you proceeded to go home, or did you leave Mr. Maskall there? - Mr. Maskall left us.

How long had Mr. Maskall quitted you before you left the square? - About five minutes.

Then I suppose it might be about two o'clock when Mr. Maskall l eft you? - I believe it was.

Which way did he go when he left you? - He went up towards Great Russel-street leading to Tottenham Court-road.

Had Mr. Maskall been frequently in your eye, from the time he first asked you how you did, and lamented the fine furniture that had been destroyed, till he said he was going home and left you? - Frequently in my eye.

Was he very near you? - Sometimes very near.

Did you ever see him at any great distance? - No.

Was he ever at such a distance but you could observe him talking to people and who they were? - I observed his speaking to several of the spectators.

Were they people of credit in their appearance? - They were.

During the course of that hour did you see him speaking to any of the mob? - I did not.

Did you see any man with a blue flag come up towards him? - I did not.

Or any number of persons that had the appearance of the mob? - I did not.

Did you see him take any active part whatever during the time you was there? - Not in the least.

Did you hear him utter an expression that conveyed a wish that the mob should do the mischief they did? - Not in the least.

Was the whole of his conduct and conversation as quiet and peaceable as your own? - As much so.

Cross Examination.

If I understand you, very little conversation passed between your husband, you, and Mr. Maskall? - Very trifling.

You did not hear what the nature of his conversation was with other people? - I did not.

About what distance do you think he might be from you? - Three or four yards, perhaps; sometimes five or six.

There was nothing particular in Mr. Maskall's conduct that called for any particular attention from you to it? - Nothing at all.

I presume your attention was chiefly taken up by seeing the dreadful work that was going on? - Yes, I did attend to that.

Did you see so much of him as to be able to form a judgement of his conduct during the whole time? - I think I did.

JOHN ROBINSON sworn.

Do you remember the fire that happened at Lord Mansfield's upon Tuesday the 6th of June? - I remember the goods being burnt.

You are an attorney? - I am with Messrs. Bateman and Barnard in Maiden-lane.

Did you happen to be present in Bloomsbury-square during any part of the business? - I was present.

Do you recollect about what time it was that you was present? - I believe about a quarter after one o'clock in the morning.

What part of the square was it you stood in? - Near to the gates of the Duke of Bedford; I stood between them and Lord Mansfield's house, but rather nearer to the gates than Lord Mansfield's house: after I had been there a little while, I spied Mr. Maskall very near to me, within a yard, I believe, of me; I had a gentleman with me; and I said, there is the pedantick Maskall, or there is Mr. Maskall.

How long did you observe Mr. Maskall there, or did you continue there? - I think I was there about an hour.

Did you make any observation of Mr. Maskall being near you, or where he was during the time of your being there? - I frequently, at various times, saw him about that spot where I first saw him; I did not speak to him, not having any acquaintance with him.

Did you frequently, or only now and then, make any observation of Mr. Maskall's behaviour and conduct? - I did observe him two or three times, but not to notice any thing particular about him. I did not observe that he was any way riotous, or concerned about the riot. I did not observe any body come to him, or he speak to any body, or go near to the fire or the rioters, and I well remember seeing him frequently during that hour.

That was his conduct during all that time? - During all the time I saw him. I have well recollected myself. I came here last Thursday entirely unsollicited to give evidence on his behalf, having heard he was taken up upon this business of Lord Mansfield's, and being conscious he had nothing more to do with it than I had as a same spectator.

Court. How long did you say you might be there? - About an hour.

Was you at this fire in Bloomsbury square? - I was.

At what time did you go there? - Before ever the doors were broke open, I believe it might be a little before one o'clock.

How long did you remain there? - I suppose till near five o'clock.

Do you know Mr. Maskall? - Very well.

What part of the square was you in? - I went up to the captain of the guard to get him to draw the soldiers round the house. I went into the house with Mr. Dowse, one of Lord Mansfield's officers. I saw people plundering and pulling things to pieces. I went out again, and saw people pulling thing about. I went into the thickest of the mob, and was about for some hours, and I did not see Mr. Maskall at all.

You went into the house for the purpose of giving assistance? - I did. I have a house near Lord Mansfield's.

Was you upon the steps, or in the street about the house between one and two? - I was in the street at that time.

Did you see Mr. Maskall there? - I did not.

Did you see the mob in general? - Yes, and several people whom I recollect that were very active in the business.

If Mr. Maskall had been there, and been active, do you think you should have seen him? - Undoubtedly I should, and must have known him, from the number of years I have known him. I left the place just before the soldiers fired upon the mob.

WILLIAM MACE sworn.

What are you? - A carpenter.

Do you happen to know Mr. Maskall? - I have known him about three years.

Was you at any time at Lord Mansfield's house? - I was, about twelve o'clock.

You was there quite at the beginning? - I was.

How long did you stay there? - Till near three in the morning.

Can you recollect where you was between one and two o'clock? - Standing at the end of the Duke of Bedford's wall, at the watch-box, almost opposite Lord Mansfield's house.

For how long a time was you on that spot? - I believe I might be there till two o'clock.

During that time had you your eye towards Lord Mansfield's door? - I had.

During that time did you see Mr. Maskall? - I did not.

Mr. Maskall having been known to you for three years, if he had been before the door was it likely or probable that you should have seen him? - Yes, if he had been before the door or upon the steps I must have seen him.

Did you see any people upon the steps? - Yes, I might tell twenty, and they were chiefly boys.

And you are clear you never saw Mr. Maskall during that time? - I did not.

Did you see any books and parchments brought out of the house to be burnt? - I did not take any particular notice of what the things were which were brought out; a great many things were brought out.

When you was going towards home did you see Mr. Maskall? - I went up to the side of the Duke of Bedford's wall, and went towards the west side of the square, and at the end of Great Russel-street, that leads into the square, there I saw Mr. Maskall stand by himself; some new buildings have been erected there; he stood up close to the buildings; that was the first up I saw him; I asked him how he did? He said, he had staid about the square till he was cold, and he was going home to bed. He bid me good night; I bid him the same. I saw him go up the street, I believe forty yards before me. I turned; then I went down the west side of the square, and went home.

Do you know that fellow Ingram? - I do not.

You say you saw Mr. Maskall walk up Russel-street forty or fifty yards? - I did, and he told me he had staid till he was cold, so help me God.

Cross Examination.

What time was this? - Between two and three o'clock.

How near to three? - I do not believe it was quite three; it was at the breaking of the day. I did not look at my watch.

I am desired to ask you whether you saw any one join Mr. Maskall as he walked down Great Russel-street? - No, nobody; nor was there any body with him when I saw him.

GEORGE RICHARDSON sworn.

Where do you live? - In Bloomsbury.

Whereabouts? - In Swan Passage.

What are you? - A coach carver.

Did you happen to be in Bloomsbury-square at the time of the riot? - I was.

At what time did you first go there? - I believe between twelve and one. I was there before the door was broke open.

When did you first see Mr. Maskall? - I did not see him at all.

Where was you? - I assisted one of my Lord's servants in getting some of his things out of the house.

Was you in the house during the time of the riot? - Several times.

Did you observe any of the mob carrying any of the things out of the house? - I did.

Do you know Mr. Maskall? - I do.

You know his person perfectly well? - I do.

If Mr. Maskall was encouraging or doing any acts to abet the mob, do you think you should have seen him? - I must have seen him.

Did you see any parchments or books burnt? - I remember a vast number of different articles set on fire. I do not remember in particular any books.

Do you remember any particular observation you made between one and two? - I was there till between four and five in the morning.

Then you did not see Mr. Maskall do any one thing? - I did not see him at all.

If he had been upon the steps as you passed the house must not you have seen him? - I am confident, if he had been there, I must have seen him.

Cross Examination.

Were you carrying things out at the same time that the mob was carrying things out? - Yes.

Where did you carry them to? - I went up the area stairs with the servant Grove.

That is a different slight of stairs from that which the mob went up? - Yes.

It comes into the street? - Yes.

Then you must have seen people that were upon the steps? - Yes, I went in that way myself.

SARAH SIMPSON sworn.

Do you remember seeing Mr. Maskall on the Tuesday night? - Yes.

Where did you see him? - Between Newman street and Berners-street, near his own house?

At what hour? - Between twelve and one; I asked him whether he was going to see the fire? He said, Yes, he heard Lord Mansfield's house was attempted, but he hoped in God Almighty that it was not true.

Had you any further conversation with him? - No, he bid me good night, and went away.

R. V. Mr. THOMAS FISHER sworn

Are you so fortunate as to know Mr. Ingram? - I am.

Counsel for the Crown. Is that a proper way of putting the question?

Counsel for the Prisoner. Do you know Mr. Ingram? - I do.

What is he? - He was a doctor in physick.

What is he now? - I do not know.

Have you any reason to know any thing of his character? - Yes.

Is he to be confided in? - People think there is an hazard in that, and I think so.

What do you mean by there being an hazard? - Because he might deceive them perhaps.

I am asking you a general question; what was his character in the neighbourhood where you and he lived? - As a man who would take people in, as they call it, if they had any dealings with him.

Court. It is a plain question you are asked; you reason about it, instead of giving an answer; you say he might deceive, to be sure he might, so might any body; your answer must be more decisive.

Counsel for the Prisoner. Was he a man that was believed as well as his neighbours? - No.

Would you believe him as far as your other neighbours? - No, far from it; perhaps he might not always deceive me.

Court. Would you believe him upon his oath? That is the question which is always asked when you impeach a man's testimony; do you think he is to be believed upon his oath. - He is the last man I know that I would believe, even upon his oath.

Then you mean to say, that you would not believe him. - He is the last man that I would believe.

Court. That imports that you would believe him. You know he has been called here to give his testimony, which testimony he has given upon his oath; you are called upon your oath to discredit his veracity, and to say that he, in your belief, ought not to receive credit upon his oath. - I would not believe him upon his oath.

Cross Examination.

Where do you live? - At Richmond.

Where did you live before? - At Kensington.

You are the clergyman perhaps of that parish? - Not of that parish, I live there.

What, do you keep a school there? - No.

You have no connection with the parish? - None.

You have no particular connection with Mr. Ingram perhaps? - No, not now.

You can only speak to the general character of a person here; is it your meaning, that let him swear what he may, you would not believe him upon his oath? - I mean so.

Have you any connection with any parish, or any parochial duty? - Yes, at Malden, near Kingston.

Are you a Vicar or Curate? - A Curate.

To whom? - Mr. Bean of Malden.

That is all your duty? - It is

WILLIAM RICHARDSON sworn.

What are you? - A printer.

Do you happen to know Mr. Richard Ingram ? - I have some slight knowledge of him; I cannot speak any thing respecting him particularly of my own knowledge, I can from general report.

Do you know any thing of his general character? - His general character is that of an abominable lyar.

Do you know any thing more of him? - I have been in several companies where he has been mentioned, and whenever his name was mentioned, he was generally known by the appellation of Lying Dick; he was as well known by that appellation as Richard Ingram .

From the knowledge you have of the general character he bears, is he a man that you would believe upon his oath? - Upon my oath, I would not believe him upon his oath.

WILLIAM PRICE sworn.

Do you know any thing of this Richard Ingram ? - I know him very well.

What are you? - An attorney.

What character does he bear? - There is a diversify of opinions respecting him; some give him a good character, and some a very indifferent one.

Which is the most prevalent of the two?

I hear that he is a most notorious lyar.

What is his most general character? - I have heard that character of him, that he is a lyar.

Is the opinion more general of his being a lyar than otherwise? - I have heard them that know him a good deal say so.

Have you had any conversation with Mr. Ingram relative to this business? - I have; I happened to be at the London Coffee-house; I think I turned in for the purpose of reading the despatches that were received from Sir Henry Clinton ; I think it was on the 16th, though I will not be particular to the day; whilst I was there Dr. Ingram came in, and after some little conversation he said Lord Mansfield writes a very plain hand, or a good hand, words to that import; he then had some letters in his hand; upon which he delivered me over a note from Lord Mansfield, as he said. He asked me if I knew Lord Mansfield's hand? I said I had been in possession of his name, and I believed that to be his lordship's hand-writing; it was a complimentary card from Lord Mansfield to him; I think Lord Mansfield was then sitting at Guildhall; the import of the card I do not remember particuarly, but I thing it was, Lord Mansfield sends compliments to Dr. Ingram, he is much obliged for some information, and probably he might hear from him; something of that import. He also produced another letter, which he said was the handwriting of Lord Stormont; and further he said he had breakfasted that morning with Lord Stormont, or was to breakfast with him. I then congratulated him on having an interview with such great personages. I told him that I hoped he would be provided for; in answer to which he said he was provided for. My curiosity did not lead me to inspect the letters he said he received from Lord Stormont.

What passed else? - That is all I know of the business.

What did you understand from Mr. Ingram, when he said he was provided for? - I understood he was provided for in the way of his profession, I have not the least idea of the circumstances.

Did he say any thing more than you have mentioned? - Not a syllable more.

Would you believe Mr. Ingram upon his oath? - I would believe him as soon as any man in the kingdom upon his oath; I have indeed heard the character of him which I mentioned, but I would believe him.

Counsel for the Crown. Mr. Ingram, I wish you would explain this conversation about the note you had from Lord Mansfield.

Ingram. Here is a letter I received from Lord Mansfield, in consequence of a letter I wrote to his lordship.

Relative to this subject was it? - I wrote a long letter on the Thursday.

Is that the letter you wrote to Lord Mansfield, in consequence of which you received that note in answer? - It is

"Lord Mansfield sends his compliments to Mr. Ingram, and returns him many thanks for his letter, he will probably hear of it."

RICHARD SHEARSMITH sworn.

What are you? - A perriwig-maker.

How long have you known Mr. Ingram? - Thirteen or fourteen years.

What is his general character? - His general character has been, that he is a man rather that would romance.

Is that his general character? - Yes, it is.

Is he a man that you would believe now upon his oath? - No, I would not.

Upon your oath you would not? - Upon my oath I would not.

And you have known him thirteen or fourteen years? - Yes, or thereabouts.

Cross Examination.

What, do you think he would romance upon his oath? - I cannot say about that any more than what hearsay is.

He is called a man given to romance? - Yes, much so.

GEORGE FURNACE sworn

Do you know Richard Ingram ? - I do.

What are you? - A publican.

How long have you known him? - These three years.

What is his character? - He lodged and boarded with me all last winter from August till March.

What do you know of his character? - I know he eat and drank my property, and did not pay me any thing.

What is his general character? - Not to pay-any debts he contracts.

Court. You are not called here to speak to any particular parts of his conduct, or to any other part of his character, but that of veracity. What is his character with respect to veracity? - He gave me a note here for payment of money.

Court. You were told you was called here only to speak to his veracity. - He told me a great many falsehoods, that he had something to receive at the War-office; when I came to examine, he had nothing.

Do you think him a man to be believed? - No, I do not, he has told me so many falsehoods.

Is he a man you would believe upon any occasion? - No, I would not, he has deceived me so often.

Is he a man that you would believe upon his oath? - No, he has deceived me upon his word so often, that I would not believe him upon his oath.

ATKINSON BUSH, Esq. sworn.

What evidence, Sir, are you come to give? - Between the Prisoner and Mr. Ingram, respecting his veracity.

Do you know any thing of his credit? - I know nothing of his credit, but much of his discredit.

Where do you live? - In Great Ormond-street. I have known him thirty years.

During that time has he been a man of a fair and good character or not? - When I went to school with him he was known by the same appellation by which he has now been described, that of Lying Dick.

Has he deserved that name from his infancy even until now? - From the time I have known him, from the general character he bears, he has.

You think he still deserves that appellation? - That was his character at school, and from that character I have never been intimate with him since; that is the character he has now at the Coffee-house I frequent, the Ormond-street Coffee-house.

One of the Jury. Pray, Sir, what are you? - I believed one among the Jury can inform the rest.

Is he a man that you would believe upon his oath? - No, I say so upon my oath, and I believe the Sollicitor-general, and many more here, will believe me upon my oath.

Ingram. I am in a disagreeable situation, my character has been attacked here; there is not a debt I owe which I have not written down, and have not delivered in to the sollicitor in this cause, knowing such an attack would be made upon my character; every circumstance of my life, from my first setting out, I have put down the general heads of; and some general officers, the first officers in the army, have promised to be here, because I was told that such an attack would be made upon my character, and that my debts and misfortunes in the world would come out in court. I appeal if I did not make the remark myself, and desire that such an appeal might be made to gentlemen, as to my character.

(Several witnesses were called, none of whom appeared.)

Counsel for the Prisoner. Mr. Maskall opened in his defence that he would call some witnesses to his character; if he will be determined by me, I think it quite unncessary.

NOT GUILTY .

Tried before the Lord Chief Baron SKYNNER .

302. WILLIAM STORER was indicted for feloniously coining and counterfeiting a halfpenny , May 22d .

DAVID PROTHERO sworn.

I went to the prisoner's at the house of one Norton, on the 22d of May, in Plough-court, Carey-street . I had information that the prisoner was a coiner. I knocked at the door; I met Mrs. Norton coming out of the cellar. I put her into the parlour in custody of one of the constables. I went down into the cellar, there I saw the prisoner Storer sitting at work at the press; he had the copper in his hand, and was cutting out blanks for making halfpence of; he did not see me till I put the cutlass over his hands. This cecil (producing it) is what the blanks were cut out of. On the other side of the cellar there was a very large press and dies in it for making halfpence; there were a quantity of half-pence by the press which were finished.

JOHN CLARK sworn.

I went to the house a quarter of an hour after Prothero. In one cellar there was a large press. In another cellar adjoining, there was a small press. In taking the large press down I found a quantity of halfpence, which were finished (they were produced) one of the presses was for cutting blanks, the other was for stamping the impression.

Mr. GREGORY sworn.

I am a monier of the Mint. The half-pence produced by Mr. Clark and Mr. Prothero, are counterfeits.

PRISONER's DEFENCE.

Mrs. Norton who belonged to the house, told me to carry a screw home for her belonging to the cutter, and asked me to put it together, for her husband was out of town. I went down to put it together for her, and these gentlemen came in the while and laid hold of me.

For the Prisoner.

MARY LANGDALE sworn.

I was out of Place. Mrs. Norton gave me leave to be in her house till I got a place. I never saw this young man in the house in my days before that morning. I am sure he never worked at the press; and it was not in order for work.

Cross Examination.

Do you know when it is in order for work? - No, I do not; I never worked at it in my life; that was what they told me.

GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

[Imprisonment. See summary.]

303. ELISABETH COX was indicted for that she, in the king's highway, in and upon Susannah Chapman , spinster , feloniously did make an assault putting her in corporal fear and danger of her life, and stealing from her person a woman's hat, value 5 s. the property of the said Susannah Chapman , June 21st .

SUSANNAH CHAPMAN sworn.

I am a mantua-maker . I had been in the city to carry a gown home on the 21st of June, and as I was coming home at about half after ten at night, in a place called Little Britain, I missed my way, and asked the prisoner and another woman who was there, my way to Ratcliffe-Highway. The prisoner said, O, my dear, come along with me, and I will shew you the way. We had not got a great way before the prisoner asked me if I had any money. I said I had none about me, but if she would go along with me I should be ready to satisfy her for her trouble; upon which they took me to Saltpetre-bank . The tall one came and took hold of me by the throat, while the prisoner took off my hat; it was a black silk hat; upon which I cried out. The prisoner said, d - n you, you bawling bitch, if you had not balloo'd out I would have done for you. She then put her hand into my pocket and took out my handkerchief. She held it up and looked at it, and said it is not worth a Tonick.

What does that mean; - I do not know. She threw it into my arm, and knocked me down with her first, and then she and the other woman ran up Saltpetre-bank. Soon after a man came and took me up. I was stunned with the blow.

JOHN WILKINSON sworn.

On the 22d of June, an information having been brought to the office I belonged to, that a woman had been robbed of her hat on Saltpetre-bank, I went there to enquire. I knew the prisoner lived there, but did not particularly know her lodgings. The neighbours informed me where she lodged. Then I went in, and on the lower floor I saw the prisoner and another woman, and there were two hats, lying upon the table. I asked them whose they were; the other woman said one belonged to her; and the prisoner said the other belonged to her. I left a person below stairs in care of the prisoner. Then I went up stairs into the lodging room, there I saw this hat lying upon the bed; I brought it down and asked the other woman whose it was; she said she could not tell. I asked the prisoner whose it was; she said she could not tell. Then I took the hat and the prisoner away to the publick-house where the prosecutrix was. I asked the prosecutrix to describe her hat before I produced it; she did describe it by some spots which there were in the lining. She immediately knew the prisoner. She said that was the woman who took off her hat and knocked her down.

A Witness sworn.

I know the prosecutrix very well. I sold her this hat about a month before.

PRISONER's DEFENCE.

I lay in this lodging-house two nights; a strange young woman was put to bed to me; they took me up in the morning before the justice. This young woman has never been seen or heard of since. I know nothing about the hat, but its being found in that lodging.

GUILTY ( Death .)

(She was humbly recommended by the Jury to his Majesty's mercy.)

Tried by the Second Middlesex Jury before Mr. JUSTICE NARES.

304. CHRISTOPHER PLUMLEY otherwise JOHN WILLIAMS was indicted for stealing a tankard, value 5 l. the property of Alexander Sutherland , in the dwelling-of the said Alexander , June 28th .

ALEXANDER SUTHERLAND sworn.

I keep a public-house . On Thursday last, after ten o'clock at night, the prisoner came into my house; he had got my name very pat; there was another man with him; they were well dressed. The prisoner would go into the parlour; he called for a light and a tankard of beer; I drew the beer in a silver tankard, and set it upon the table. The prisoner said there was a third gentleman coming, dressed in green, and if he should enquire for a gentleman, to let him know that he was in the parlour. Another gentleman came and went into the parlour.

MARTHA SUTHERLAND sworn.

I am the wife of the last witness. About half after ten o'clock, as I was going to the street door, I saw the parlour door was left open. I looked in and saw one man in the room, who was a stranger to me. My husband was in the tap-room. I saw the tankard on the table. He turned round and saw me looking in at the crevice; he sat down again and seemed rather frightened; upon this I went into the street, and looked in at the parlour window. The curtains were drawn, but I observed him for five minutes. I saw him take up the tankard and drink and then put it down again. I am sure that man was the prisoner. After that I saw him take the tankard up and put it behind him, under his coat. I stood on the step waiting his coming out. When he came out I took hold of him by the collar, and asked him what he had got under his coat; he dropped the tankard then at my feet; I kept fast hold of him; he dragged me the breadth of two streets. When he found I kept fast hold of him, he attempted to slip his coat off, but I held him till he was taken.

PRISONER's DEFENCE.

I was much in liquor.

Prosecutor. I did not observe him to be in liquor at the time.

GUILTY ( Death .)

(This prisoner had been capitally convicted for a similar offence, but execution having been respited during the king's pleasure. He was one of those who were released from Newgate, by the rioters.)

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

304. ANN BARNS , spinster , was indicted for stealing twenty-five yards of printed cotton, value 46 s. the property of John Ravenhill , privately, in the shop of the said John , June 10th .

JOHN RAVENHILL sworn.

I am a linen-draper . On Saturday the 10th of this month, the prisoner came into my shop, and asked for half a yard of coloured lawn. I followed her into the shop. I was talking with a lady. My man attended the prisoner. She staid in the shop about ten minutes. When she was gone out of the shop my man told me he suspected she had taken a piece of cotton off the pile of pieces which lay before the door. I followed the prisoner about an hundred yards; she had on a very large cloak; I stopped her; and then the piece of cotton fell down. I took hold of it. A great many people were about. I wanted her to take it back to the shop in her apron, that we might not have a mob collect about it, and she took it up, and then she threw it down and said she knew nothing of it, and threatened very much to trouble me for scandalizing her. I sent for a constable and gave him charge of her, and had her taken before a justice of peace.

(The piece of cotton was produced in court and deposed to by the prosecutor.)

Are you sure that is your property? - Yes, my mark is upon it; it is a whole piece, never cut. I shewed it to a person at nine o'clock that morning, which was about two hours before the prisoner stole it.

PRISONER's DEFENCE.

The prosecutor took two false oaths at the justice's about it. My witnesses were here about an hour ago, but they are gone now. When I went into the shop the cotton was not there; when I went out he brought me back again, and said, he laid a piece of cotton to my charge which lay on the ground. He said he had seen it upon me in the street. I asked him why he did not take it from me before.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice ASHHURST

305. THOMAS CHAMBERS was indicted for that he with divers other persons, to the number of forty and more, unlawfully, riotously, and tumultuously did assemble, to the disturbance of the public peace, and feloniously did begin to demolish and pull down the dwelling-house of Cornelius Murphy , against the statute, &c. June 7th .

CORNELIUS MURPHY sworn.

I kept a public-house in Golden-lane . On the 7th of June, between six and seven o'clock, a great mob surrounded my house, some with swords and some with bludgeons. They came into the tap-room and had what liquor they wanted. They examined my books and were going off satisfied.

Was the prisoner among the mob? - Not at that time. After giving three huzza's in the house they went down the street some way. One Clark and his wife called the mob back, and said I was a Papist, and they must down with my house. The mob returned immediately, and began pulling down the house.

When did you see the prisoner? - About half an hour after they began he was in the bar, drawing the liquor and drinking it.

Had you ever seen the prisoner before? - Yes; he had been several times at my house; I am positive he is the man.

Did you see him do any thing else? - I saw him break part of the bar down.

What was the rest of the mob doing? - Pulling down the house and drinking the liquor.

Court. Whether the mob were pulling down the house during that hour in which you say the prisoner was in it? - Yes, they were.

Be particular in describing what they did to the house, the wainscoting, and window frames? - They had iron crows beating them down.

Had the prisoner any thing in his hand?

No, to my knowledge he had nothing in his hand.

What did they cut down? - The sashes in the front of the house; the prisoner did not.

Did you see the prisoner do any thing more? - Nothing, only pull part of the bar down, and drink part of the liquor. He was in several parts of the house; he went all over the house. The mob were pulling the tiles off and throwing them down. I did not see the prisoner at the time they were throwing them down. I saw him at different times.

What situation was the house in before they came? - Quite in repair.

How was it when they went away? - The front of it was quite pulled down. It was lath and plaister.

Cross Examination.

You are a publican? - Yes.

Who is your distiller? - Mr. Child.

Did not he come that evening to assist you? - Not that I saw. I heard afterwards he was there.

Did you know the prisoner before? - Yes.

What is his character? - A very honest man; I never heard any thing against him before this.

Where was you? - In the street, facing the door; there was a great mob up in the house.

Was you in the street when you saw him in the bar? - Yes.

Did you see the prisoner in the bar? - Yes.

You did not see him in any other part of the house? - Yes. I saw him in the one pair of stairs, the two pair of stairs, and at the top of the house.

Court. Do you know the prisoner? - Yes.

How near to him was you when you saw him pull down your bar? - Only across the street; the bar is opposite the door.

Did you say any thing to him? - Not a word.

As you knew the man why did not you speak to him? - There was such a mob I was afraid of having my brains knocked out.

PATRICK PEARMAN sworn.

I live in Sand-court, Golden-lane.

Do you know Mr. Murphy's? - Very well. On the 7th of June I was there the best part of the afternoon.

Was you at the house or in the lane? - Opposite the house in the lane; I saw the prisoner, in the house of Mr. Murphy, pulling down part of the bar, to the best of my knowledge, between the hour of six and seven o'clock.

Did you observe him in any other part of the house? - No.

Were you acquainted with his person before? - Very well.

You have no doubt but that is the man you saw in the house? - No, none at all; he was only making use of his hands, pulling down part of the bar.

Jury. What part of the house was you in when you saw the prisoner pulling down part of the bar, or was you outside of the house? - I was on the otherside in the street; part of the bar is opposite the door.

Could you see it distinctly? - Yes; the door was open and the window broke, so that the front of the house was all open.

CHRISTOPHER DOLLAND sworn.

I live in Dyot-street.

Was you on the 7th of June in Golden-lane? - I was in the house of Mr. Murphy when the mob came in.

Give an account of the manner in which the mob came in, and what they proceeded to do, and what you observed done by Chambers? - Chambers was not there, I think, till a quarter of an hour or twenty minutes after the mob came in. I had a pint of beer in my hand when the mob came in and enquire d for Mr. Murphy's books; when they had examined the books, I believe they went up stairs and examined them, they went away, and soon after returned again.

When did you first see Chambers? - About half after six, that was after the mob returned the second time.

In what part of the house did you see Chambers, and what did he do? - The first time I observed him, I saw him pulling down a part of the bar opposite the door; I saw him pulling down part of the window frames belonging to the tap room.

Did you observe him go into any other part of the house? - No.

Was Chamber's person known to you before? - Yes; we worked for one master four or five months together.

Jury. Was Chambers inside or outside of the house when he pulled down the window frame? - Inside; he came from pulling the bar down to break the window frame.

Cross Examination.

The prisoner came twenty minutes after the mob? - Yes.

What was the prisoner? - Servant to Mr. Dickenson, next door to Mr. Murphy's in Golden-lane.

Did you see Mr. Child there? - No.

PRISONER's DEFENCE.

I was ordered by Mr. Child to go and fetch a cask of spirituous liquors out of Mr. Murphy's house.

For the Prisoner.

RICHARD CHILD sworn.

I am a distiller.

Do you serve Mr. Murphy's house with spirituous liquors? - Yes.

At the time of the riot, I believe, you was there? - I was.

Did you apply to Mr. Dickenson, or any body, to send somebody there? - I saw things knocking to pieces; I went to Mr. Dickenson and saw him and Mr. Garrett his Clerk; I applied to Mr. Dickenson to let me have his men to get away these liquors. I first applied, I should have told you, to one or two of the mob; and begged they would let me have my things out of the house. They said yes. I gave them seven or eight shillings out of my pocket. I went to Mr. Dickenson's and desired to have some of his men to help to get these things out; three or four of them came; there were two half-hogsheads of liquor upon the scaffold above the bar; the pipes came through and down to the bar; Mr. Dickenson's men came, and they were throwed off the scaffold, and Mr. Dickenson's men carried them away.

Do you remember the prisoner being one of them? - I do not remember him in particular.

I have been informed he is one of Mr. Dickenson's men? - When I went they were just beginning to pull the bar down; they stopped till I got my goods away.

Jury. Were they obliged to pull down any part of the bar? - They were obliged to pull some of the boards down; in their confusion I do not know whether they might not break some part of the bar.

Did you see Mr. Murphy? - I did not, I believe he was not in the house.

Court. Was you by while they removed the liquor? - Yes. I was as near as I am to these gentlemen.

Were they brought from the inside or outside of the bar? - Outside of the bar.

Did Murphy know you made this application to get your liquor? - Not that I know of; I did it voluntarily of my own will.

SAMUEL GARRETT sworn.

I am clerk to Mr. Dickenson. Mr. Child came into our brewhouse-yard in a great hurry. Mr. Dickenson and I were in the yard; he desired some of our men might go and assist him to get his liquor from the bar. I gave a general order to the people in the yard to go and assist him.

Did you give an order to the prisoner among the rest? - I gave a general order to him among the rest.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Baron PERRYN .

306. ANN LOVIN was indicted for stealing a piece of gauze, value 7 s. the property of Thomas Cathero , May 27th .

THOMAS CATHERO sworn.

Upon the 27th of last month, one of my young women called me into the shop, and told me the prisoner had stolen a piece of gauze; there were several other people in the shop. I called her into the back shop; when she got into that shop, she put her hand into her pocket and drew a piece of gauze out and threw it down. I saw her do it; and I picked it up myself.

Was that piece of gauze your property? Yes; it is here, the constable has had it ever since; it is a remarkable piece of gauze.

(It was produced in court by James Barker the constable and deposed to by the prosecutor.)

SARAH ANN FRANK sworn.

Upon the 27th of May the prisoner came into our shop and asked to look at some black and white ribbon; I shewed her some. Then she asked for some mourning gauze. I saw her take the gauze off the counter and put it into her pocket; but I did not see her take it out of her pocket. I informed Mr. Cathero of it.

Should you know that piece again? - Yes. (looks at it) I am sure this is the piece.

Had she bought any gauze and paid for it? - No.

Cross Examination of Cathero.

Do you know this gauze of your own knowledge to be your property? - I am very sure of it; there are several particular marks in the gauze by which I know it.

Frank. It is cut in a particular manner.

What is the value of it?

Cathero. The gauze cost me about seven shillings and sixpence.

(The prisoner called three witnesses who gave her a good character.)

GUILTY .

Tried by the First London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

307. GEORGE LEE was indicted for stealing a pair of silver shoe buckles, value 22 s. the property of Charles Heslep , May 16th .

CHARLES HESLEP sworn.

I lost a pair of shoe buckles on the 16th of May; they were taken out of my shop; I had seen them in the shop at about two o'clock. I missed them between that and four o'clock. I found the buckles at a pawnbroker's, in consequence of the prisoner's confession; he was taken up on the 17th, when he stole another pair. I then sent my man after him when he went out of the shop; he brought him back and a pair of my buckles were found upon him; he then readily confessed taking these.

Did he say any thing for himself? - I said I had enough to convict him, and begged he would tell me what he had done with the others, as I suspected him to be the person that had taken them. He confessed immediately he had taken them and pawned them for twelve shillings, and he told us the place. I asked what induced him to take them? He said, to pay his lodging. I said then, I will provide you a lodging.

Did you make use of any promise or threats to induce him to confess? - No, I did not.

JOHN LIGHTFOOT sworn.

I am a pawnbroker, I live at Mr. Master's in Holborn. I have a pair of silver buckles, which were pledged with me by the prisoner on the 16th of May, between three and four o'clock. I am sure it was the prisoner, for I had seen him before.

To Heslep. Where do you live? - At No. 61, St. Paul's Church-yard.

(The buckles were produced in court and deposed to by the prosecutor.)

Jury. When you extorted the confession from him you made no kind of promise? - No. I said I had enough to take care of him. I said I suspected he had the other pair, he might as well tell me where they were, and I should be obliged to him.

MATTHEW MARTIN sworn.

I am servant to Mr. Heslep; between five and six in the evening, on the 16th of May, my fellow servant asked me if a pair of buckles had been sold? I said no. Upon looking on the side-board I missed this pair. I went immediately backwards to my master and informed him of my apprehension that the buckles were stolen. My master said they must be found. I saw the prisoner in Cheapside. I do not recollect seeing him in my master's shop before I took him. I next day missed another pair of buckles. I had a description given me of this man by a lady; I went into Cheapside after him, that was on the 17th. I found him near Bow-church. I was cautious of accosting him as a thief, because I had never seen him before. I tapped him on the shoulder and said, Sir, a gentleman in St. Paul's Church-yard wants to speak to you. He hesitated a moment and then asked me if I knew the gentleman's name? I said no; but if he pleased I would conduct him to the person. He said no more but immediately came along with me; I had not then charged him with the fact. I took him to my master's shop; going along I was doubtful whether he was the man or no; I watched his hand and thought if he was the man he would try to shuffle them out of his pocket, accordingly when he came near to St. Paul's Church-yard I saw him move something out of his pocket and clap them into the waistband of his breeches; he shifted his hands several times out of one pocket into another, I was then thoroughly convinced he was the man I wanted. I brought him to the shop, the lady was there waiting. I asked her if she had seen that man in our shop before? She said yes. I said you are very right, Madam, he has got the buckles in the waistband of his breeches; and I told him he might as well give them me out, on which he loosened his breeches and gave them to me.

Did you hear any questions asked about the buckles which were lost the day before? - When I took the buckles from him I looked at him and saw he was an elderly man; I thought he had lived better than he does now; I shook my head at him and asked him what induced him to do it? He said it was distress. I asked him then if he did not come to our house yesterday? He made no reply. I said I believe you are the man; did not you come to our house yesterday and take a pair of silver buckles? He said yes.

Jury. Was your master present at this examination? - No.

Were any promises made to him to induce him to confess? - No; only I importuned him several times to tell me if he had not been there the day before and taken a pair of buckles, and that it would be better for him to confess. He said he had been there and taken a pair of buckles.

Court. Was there any particular promise made to him? - Not by me.

By your master? - Not that I recollect.

PRISONER's DEFENCE.

He promised if I would confess he would forgive me. I am an attorney at law. My friends are not in town.

To Mr. Heslep. Did you promise to forgive him if he would confess? - No, not at all. I asked him what he had done with the twelve shillings; he said he had paid his lodging with it. I said I would take care he should not have lodgings to pay again for some time, that was all the promise I made.

GUILTY .

Tried by the First London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

308. THOMAS TAPLIN was indicted for that he in the king's highway, in and upon James Mahon , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two shillings and sixpence, in monies, numbered, the property of the said James Mahon , June the 7th .

Mr. JAMES MAHON sworn.

Where do you live? - At the corner of Great Russel-street .

In Russel-street? - I have a door in both streets.

Was any demand made on you for money on the 6th of June? - On the 7th of June. It was on the 6th they surrounded my house. On Wednesday the 7th at about six or seven o'clock in the evening, I was in my dining-room. I heard a violent knocking at the shop door, and saw at Mr. Eades's, which is the opposite corner to me, a crowd. I said, what is that knocking for? My boy said, Sir, they are coming for money. I went down and opened the shop door. I saw a little dirty ragged boy at the door, with a blue cockade in his hat: he said, God bless your honour, remember the poor mob. I said go along, you little impudent rascal, or I will kick your backside, or something of that sort; I spoke that angrily. He immediately turned away from me, and said, then I will go and fetch my captain. I immediately recollected the situation I was in the night before, and indeed was sorry I had not complied with the demand which was made upon me, not knowing what might be the consequence.

Just state shortly what that was? - My house was beset and threatened to be destroyed for four hours, and with great persuasion I got rid of them. I had three or four half crown pieces in my pocket, which indeed was all the mob left me the night before. I said to my boy, I will give them as little as I can, Billy, go and get me some silver for this half crown. The boy went out and brought me almost instantly two shillings and sixpence in change. I had a shilling in my hand. I stood on the threshold of my door with my hat on. The mob came from Mr. Eades's house to mine, and the prisoner was on horseback; his horse was led by the boy who came to demand money of me before, and another. The people who were spectators said, Sir, you must give them money.

How many might there be with him? - A vast crowd followed him; there might be a hundred.

Had they weapons? - Thick sticks and different things. This boy had in his hand a broomstick cut short. The boy said, Now I have brought my captain, Sir. The mob immediately upon that, said, God bless this gentleman, he is always generous. When the boy said, Now, I have brought my captain, I stood on the kirb stone. I had my hat in my hand. Understanding that their motive was for money, I said to the prisoner How much, Sir? Half a crown, Sir, says he. I had intended to give but a shilling, but upon that I put two shillings and sixpence into his hand. He looked at it some time, what he meant by looking at it I do not know. They then gave me three cheers, and went to the next house, and I immediately turned in.

What did he do with the money? - I believe he put it into his pocket. I was in too much terrour to take notice of that.

From the whole of his conduct did he appear to you to be the leader, or as they represented him their captain, in that armed mob? - Undoubtedly he did.

Would you have parted with your money if there had not been that force and multitude there? - Certainly I should not; I had refused it to the boy who had demanded it singly before.

Cross Examination.

No doubt but you was, like every body else, exceedingly terrified at this time with such an armed force at your door, and having been threatened by them you was a good deal frightened? - I cannot say that I was, I was so cool and collected as to send the boy out for half a crown.

You said your terrour was so great you did not see what he did with the money? - I turned about immediately, wishing to get rid of him.

You had never seen this man before? - Never, that I know in my life.

You did not see him the day before? - No.

You knew nothing of him before? - No.

The only time you saw him was whilst you was giving him the money? - I saw him crossing the way coming up to me with the boy leading his horse. He has since cut off his hair and put on a wig.

You said his horse was led, did you observe whether that was not against his will? - No, it was not; upon my giving him the halfcrown, after they had cheered me, these boys left him, and he said to two men, Do you go to that side and you to that.

What day of the week was this? - On Wednesday.

Did you see the prisoner after that? - Yes, at Whitehall.

Did you see him in Covent-Garden any where? - No, I did not see him after that, only when he turned towards Mr. Field's and Mr. Jones's.

What was he doing at Whitehall? - He was under examination before the magistrates. I knew him as soon as I went into the room.

ROBERT TIMEWELL sworn.

I live in Tavistock-street, Covent-garden.

What business are you? - A haberdasher.

Do you remember on Wednesday evening the 7th of June at any time seeing the prisoner? - On Wednesday evening, about nine o'clock, the prisoner came into our street at the head of a large mob. The riots of the preceding day had been so bad that it put me in the utmost fear.

In what situation was the prisoner? - He was on horseback at two or three doors distance from me; it was about shop-shutting time; my young man was shutting my shop. I stood on the step at the door.

Had you opportunity enough to observe his person so as to be sure that is the man? - Yes; that is the man I then saw; he had on a pompadour coat, and wore his own shock hair.

Cross Examination.

You did not know him before? - I never saw him before.

You do not know how he came to be taken up? - Not of my own knowledge.

- GRIFFITHS sworn.

What are you? - An apothecary in Bedford-street, Covent-garden.

Do you remember on the evening of the 7th of June seeing the prisoner any where? - Yes. I was not at home then. Money was gathered.

You see I carefully avoid asking you any thing you do not know yourself; did you on the course of that night see him? - I did not.

I understand you are the person who apprehended him? - Yes.

How happened that? - The neighbours were much dismayed; when I came home on Thursday morning they told me what had taken place. I went to Westminster to see what could be done in the presents exigence of things. As I came from thence, on the Friday following, Mr. Davis, the mercer, told me the man who had been on horseback riding about the street collecting money was in the street then. I asked where? Mr. Wallace the woollen-draper said I will get an officer to take him. They showed him to me; I laid hold of him directly. Then the other people came round and several of the neighbours came up.

What was he doing in the street, was he on horseback or on foot? - On foot. A person was in a chaise who they said had come from the Borough with him, but that man went off. I put my hand under his arm, and told him there was some business to settle, which we must all talk about, and secured him.

Had he his own hair or a wig on at the Horse-guard when you apprehended him? - I do not recollect enough of his dress to say only that he had a green waistcoat on over his red one. He was shown to me and so I secured him.

Cross Examination.

You do not know what his business was there that day? - No.

Nor what he was about? - No,

There was no mob or riot then? - No, none that I saw.

MOSES LANCY sworn.

Where do you live? - In Tavistock-street. I saw the prisoner on Wednesday evening the 7th of June.

What was he doing then? - He came down our street in the evening with a vast number of people along with him. He was on a brown horse. They knocked at every door they came to very violently.

Did he appear to have any command over the rest of the people? - The money they collected at every door they gave to him. They stiled him their captain. It was the same night Sir John Fielding 's house was burnt. I went to see the disturbance; they came forward and knocked at my door. There were a great many small boys along with this man; but there were about a dozen stout men along with him. They collected money.

Were they armed? - Some of them had sticks.

Are you sure the prisoner is the man? - I am.

Did you observe whether he wore his own hair or a wig at that time? - His own hair I think.

PRISONER's DEFENCE.

I know nothing at all about this; I know none of these gentlemen. I cannot say any thing in it, I do not know what was transacted.

For the Prisoner.

ROBERT ASKEW sworn.

I am a founder, and live in Blackmore-street.

How long have you known the prisoner? - About six months.

Do you know any thing particular of him? - The first particular thing I ever saw of him was about six months ago. I was at the Blue Posts; all of a sudden he came down stairs without stockings and shoes, and he stood in an upright, bold manner, and shivered and shook. I could not think the meaning of it. I said what do you mean, what is all this about? He stood there like a cypher. I went to him; he shook greatly; I said what is the matter with you? I could get no answer from him a great while; at last he sat him down, got water, washed him, and so on. Some time afterwards he said, O, my wife is murdered, my wife is dead.

He kept the tap at the Blue Posts, did he not? - Yes he did.

In what street? - Blackmore-street.

Did you look upon him by this conduct to be in his sense? - No, quite out of his senses. He was as much like a madman as any I know.

You have mentioned one instance, did you ever see any more? - Yes, several. This was the first instance I ever saw of him. Another time there was myself and five or six more people together. He was taken in this mad way; he jumped and tore and broke the settle of the coffee-room. I jumped over the place, and fell upon him and held him.

How long was this ago? - This might be a month after. I once indulged him to lie along with me.

Independent of his insanity, how was he as to his honesty? - A harmless, quiet sort of a man when he was a little sensible. I once obliged him to let him lie with me; he had not long been in bed before he gave such a spring up that he quite frightened me. He jumped several times; I was going to alarm the house, but at last I fell asleep, and was very happy in the morning to find myself alive, and thought I would never lie with him again.

Cross Examination.

What business is he? - A coach-master.

How has he got his bread lately? - By his hackney-coach.

Did he himself drive? - He has men.

Does he himself drive? - I believe not, he keeps a man.

Then you do not know much of him? - I have known him six months or more.

But did you either live near enough to him or know enough of him to know how he was employed from day to day? - He lives by his coach.

If he has two one man could not drive two? - I never saw him drive it.

Is that the only employment he has, that of being a coach-master? - Nothing else that I know of.

And he supports himself entirely by that? - As far as I know.

Was he a lodger or housekeeper at that time? - A lodger.

Have you been acquainted with him for a week or a fortnight before this 7th of June? - I have been acquainted with him six months.

But did your intimacy continue with him up to the time he was apprehended? - Yes. Another time he was down in the taproom where he kept this place, and all of a sudden he began his anticks; and began to fight the air in all manner of attitudes; I went and laid hold of him, and asked him what was the matter? he shook and trembled. I set him down in a chair, and he went on so a considerable time.

But the man continued in the business and continued till this time keeping a couple of coaches, employing a servant, and in short, living by his business? - He did so.

Did you see him on the 6th of June, that was the Tuesday? - I do not know, I used to see him almost every day.

Did he at that time wear a wig or his own hair? - He used to wear a wig, but for a few days latterly he has worn his own hair.

How long has he wore his own hair before the 7th of June? - The 7th of June, what time was that?

Why the 7th of June was about three weeks ago; how long time before this day three weeks had he left off his wig? - Some time before that I saw him in at the Dog and Duck gardens with his hair, a long time before this matter happened.

A month or two? - I am not positive as to that.

Then you are not in the habit of daily seeing this man? - I saw him almost every day.

Then you can tell how long he has left off his wig, and when he began again to wear it? - I made no minutes of it; I cannot be particular.

WILLIAM HARWOOD sworn.

I am a tiresmith near St. Giles's church. I have known the prisoner four or five years. I look upon him to be out of his senses.

Did you know him the beginning of June last? - Yes.

Do you think he was then perfectly in his senses? - I have seen him out of his senses at the latter end of May and the beginning of June.

How is he as to honesty? - He has behaved very honestly to me. I have had dealings with him for some time.

Cross Examination.

Where did the prisoner live lately? - At the stones' end over in the Borough.

You live in St. Giles's, you could not have many opportunities of seeing him? - I went over to see him.

What is he? - A hackney-coach-man.

How long has he been in that business? - Ever since I knew him.

In all the dealings you had with him he always behaved like an honest man? - Yes.

And a sensible man? - Yes. Though as to sensible, be was mad at times.

The last time you saw him was about a month ago? - I saw him the last time about a week ago.

You did not see him on the 7th of June? - No.

TIMOTHY TOMLINS sworn.

I am a coach-master, I live at the Eight Bells, St. Giles's. I have known the prisoner between five and six years.

What has been his conduct as to his senses?

- When he gets liquor he is void of his senses.

Have you often known him in that situation void of his senses? - Yes. He was a tenant of mine near five years.

Cross Examination.

I believe you have very truely accounted for his disorder. Liquor taken to excess will drive most men out of their senses; how long was he tenant to you? - Four years three quarters.

He paid you his rent regularly? - Yes.

Counsel for the Prisoner. Do you mean to say that he is in his senses when he is sober? - I have seen him otherwise; I have heard he is sometimes wrong.

Counsel for the Crown. Would you let your house to a man who was mad? - No.

Counsel for the Prisoner. If he paid you your rent I suppose you would not care whether he was sane or insane.

Court. Did he himself settle his rent with you? - He did.

WILLIAM STEVENSON sworn.

I am a peruke-maker. I have known him about five years.

Have you had any occasion to see his conduct? - Several times.

What do you look upon him to be? - At times to be mad. I saw him about two years ago at the Eight Bells. I went in. Mrs. Dunstall said he was mad. I found him staring strangely. I took him to carry him up stairs, and he wanted to throw himself over the bannister. His wife and I got him to bed.

At what time of the day? - Eleven in the forenoon. At another time I went into a public-house, ordered a pint of beer, and he took hold of it and said I should not have it. I said I had paid for it and thought I ought to drink it. He said if I do not take some you will not give me any. I could not think but that was madness.

To the Prosecutor. Was the mob in sight at the time the boy came to you? - They were at the other end of the street, they were in sight.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice NARES.

308. JOHN JONES was indicted for that he in the king's highway, in and upon John Cradden , did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silver watch, the property of the said John Jones , May the 15th .

JOHN CRADDEN sworn.

I lost my watch on Whit-Monday, at near ten o'clock at night. I was with my wife in Whitegate-alley, Bishopsgate parish ; we were walking along, and the prisoner came up and gave me a blow on the stomach with his right hand, and at the same time forced my watch out of my pocket with his left hand.

Did he meet you or follow you? - He met me. With the blow he gave me I reeled. He ran and I ran after him, and cried stop thief! I took him in Half-moon-ally. When I took hold of him, he said to me, he had not got it; I made answer, I know you have not got it because you have dropped it.

Had you seen him drop it? - It was a moon-light night. When he was under the gateway I had not an opportunity to see him drop it, but I heard it drop; that was just before I took him. The little boy who is here took up the watch. I carried the prisoner to the watch-house.

Was the prisoner ever out of your sight from the time he took the watch till you secured him? - No, he was never out of my sight.

In what manner did he take the watch out of your pocket? - He struck me with his right hand, and forced the watch out of my pocket with his left-hand. The waist-band of my breeches being rather tight, he was obliged to give it a tug to get it out.

Could you have prevented his taking the watch out of your pocket? - Perhaps I might.

Prisoner. Can you swear I am the person that took the watch? - Yes.

RICHARD BESTMAN sworn.

As I was coming home on the 15th of May, I saw Cradden in Whitegate-alley; he was before me. I saw the prisoner push Mr. Cradden off the pavement.

You could not see what he took from him? - No. He said, Bestman, I have lost my watch; the prisoner ran away and I and Cradden ran after him and took him.

You saw him shoved off the pavement, was it by a blow or a push? - By a kind of a blow; when the prisoner got to the top of the alley he cried stop thief as well as I.

Who overtook him first? - Mr. Cradden; we desired the crowd not to come about him, as we thought he had the watch about him; the watch was picked up by a boy.

GEORGE SPURGEN sworn.

How old are you? - Sixteen years. I picked up the watch in Halfmoon-alley; they were enquiring after it. I saw it lie in the kennel and took it up.

Who were enquiring for it? - I do not know; there was a crowd enquiring for it.

Was the prisoner there? - Yes, Mr. Cradden had hold of him.

How far from the prisoner did you pick up the watch? - Not above a quarter of a yard, it lay close to his leg.

(The watch was produced in court by the constable, who received it from Bestman in the watch-house, and deposed to by the prosecutor.)

Bestman. In the crowd the boy said here is the watch. Mr. Cradden bid me take it and take care of it, which I did; this is the watch.

PRISONER's DEFENCE.

As I came along Bishopsgate-street, a parcel of people were crying stop thief! I ran among the people. A gentleman laid hold of me and said, you rascal, you have got my watch. I said, I had no watch; they searched me directly and found I had none.

To Cradden. Was you sober at the time this happened? - I was.

GUILTY ( Death .)

Tried by the Second London Jury before Mr. RECORDER.

309. WILLIAM SMITH was indicted for stealing four pewter dishes, value 4 s. in the dwelling-house of George Rawson , June 2d .

ELEANOR BROWN sworn.

I am servant to Mr. Rawsons, who keeps the White-Lion, Leadenhall-market . On the 2d of June, between six and seven in the evening, the prisoner came in and called for a pint of beer and a slice of bread; I drawed it for him and he paid for it. I went about my work and saw him behind the settle in the tap-room with a great bundle. There was nobody in the house but he and I, except my mistress, who was gone to lie down as she was very ill. I laid hold of his coat and pulled him to the table; he dropped one dish down upon the table and three upon the ground. These are them (producing them.)

Where had he them when you pulled them out? - He had them under his coat.

Did you see them under his coat before he pulled them out? - Yes. They were taken off the shelf.

Was your master out? - He was very ill in the country; my mistress was very near her time. I gave Mr. King, the constable, charge of the prisoner, after I had called some of the neighbours to my assistance.

Upon your oath are you sure the prisoner had the dishes under his coat? - Yes.

Are you sure they were on the shelf before? - Yes. I had washed them and put them up; they have been in the custody of King. I am sure they are my master's dishes.

JOHN KING sworn.

I am a constable. I was sent for to the house of George Rawson , on the 2d of June; there were several people and the prisoner there. I was charged with the prisoner for stealing these four dishes. He said he thought there had been a bit of tobacco behind the dishes, and he took them down to get out the tobacco, with no intention to steal them, I put a mark on them immediately; I can swear they are the same dishes.

To Brown. When you first laid hold of the prisoner what did he say about the dishes? - He said he was going to take them away. He said he thought there was a piece of tobacco behind them, and took them down to get at the tobacco.

Was there any tobacco there? - No.

Had he the dishes in his hand or where? - They were under his coat.

PRISONER's DEFENCE.

I went to move the dishes to get at some tobacco behind the dish; they fell down; I was taking them up; they might touch the flap of my coat; upon my salvation I had no intention to take them.

GUILTY .

Tried by the Second London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

310. JAMES HENRY was indicted for that he, with a hundred others and more, did, unlawfully, riotously, and tumultuously, assemble to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Thomas Langdale , against the form of statute, &c. June 7th .

WILLIAM CORNER sworn.

I am clerk to Mr. Langdale, distiller , at Holbourn Bridge .

Was you at Mr. Langdale's house on the 7th of June last? - I was there at about six o'clock in the evening.

In what state was the house then? - In a very disorderly state.

Was any mob collected about it at that time? - There were a great many hundreds.

Did you see the prisoner among the mob? - The first time I saw the prisoner was upon the leads.

Were the mob armed? - Some of them were armed with large iron bars; the prisoner had one in his hand.

Where did you first see the prisoner? - I was in the street and saw him upon the ledge above the shop window, about a quarter of a yard below the one pair of stairs window; at that time I was serving people with the spirits in the street; seeing the prisoner there I went immediately up into the room and spoke out of the window to him; at that time he had an iron bar in his hand. I desired him peaceably to depart, either the way he came or to come in and take a draught of gin and go out down stairs; he replied no, and swore a vehement oath.

Repeat the expression he made use of? - D - n his soul if he would. I then earnestly begged of him to go down; he then lifted up the bar and struck it against the window, which broke several panes. I put my leg out at the window upon the ledge where he was standing and desired him to come in; upon that he pointed his iron bar to my mouth and swore he would run me through with it if I did not go in. I then related to him what horrid consequences would attend it, provided he offered to come in and set fire to the house or attempted to destroy it.

Had he threatened to set fire to it? - When he struck against the window he swore the house should come down. I warned him of the dreadful consequence that might attend it if that house in particular was set fire to, on account of the quantity of spirits; he then again pointed the bar to my breast and mouth and positively swore he would run me through if I did not go in; he repeated that threat three or four times and pointed at my mouth and breast. I expostulated with him further on the consequence that might attend setting the house on fire; he then lifted up the bar and struck against the window a second time. Finding what I said had no effect upon him I came away and saw no more of him to my knowledge.

You came away and left him there? - Yes. When I was coming away I observed him handing a person up.

Was this low enough to enable a person to get up from the street? - Yes; a person that was tall might lay his hand upon the ledge where he was standing; I did not see any thing more of the prisoner afterwards.

For how long time did you first see him on the leads? - I believe, about half an hour or more.

How long after was it before the house was set on fire? - It was set on fire between eight and nine I think; when I came down I found the mob rushing in below and going up stairs.

What was the consequence of their so breaking in? - The consequence was their turning the cocks, letting the liquor run out, and the mob taking away five gallon casks and two gallon casks of liquor, besides what they could in their hats. I staid sometime in the shop; in about a quarter of an hour after they came in they began pulling down the things in the shop.

How long after was it before the house was set fire to? - It was set fire to about half after eight; this was about half after seven o'clock.

They demolished part of the house before they set fire to it? - Yes; I can give you a reason why I think he was the only person that was for setting the house on fire; there was no one person seemed for burning the house but himself; when I was up stairs there was a man in the one pair of stairs room, dressed like a gentleman, speaking to Henry, he seemed to be equally as much set on pulling down the house as Henry. He said to Henry, D - n it pull it down. I then told him that Mr. Langdale had been upwards of thirty years in business, that he always maintained a fair character which had never been impeached. I said, it was exceeding hard to have his house demolished; not only his house but many houses joining. What I said had some effect upon the person I was then speaking to; when I found that, I desired he would be so obliging as to speak to this Henry to see if his persuasion would have any effect upon him; he went to the window along with me and spoke to Henry to desist; when he first spoke to Henry, Henry paused for about a minute; after that, instantly almost, he lifted up the bar and d - n'd his soul, that it should come down at all events. I came away and saw no more of it.

Are you sure the prisoner is the man you have been speaking of? - I am very clear of it.

Did you ever see him before? - No; but being so near him, I am very clear of it. On the Friday following, going by Newgate, I saw him; I took him to the tradesman's shop and desired them to keep him till I got a guard of soldiers.

JAMES TROUTBECK sworn.

I live with my brother-in-law at No. 75, Holbourn-Bridge, opposite Mr. Langdale's house.

Do you remember a number of people coming round Mr. Langdale's house on the 7th of June in the evening? - Yes, about six o'clock.

Did you see t he prisoner there? - Yes, particularly so more than any one else.

When you first saw the prisoner what was he doing? - I saw him about six in the evenning upon the leads at Mr. Langdale's house; he had an iron crow, with which he broke the windows of Mr. Langdale's house. I had my eye upon him above an hour, while I was looking out of our dining-room window.

Did you hear him say any thing? - No.

How long after this was it before the rest of the mob broke in? - Not above half an hour, I suppose.

Where was the prisoner when they broke in? - He was up stairs; but where, in particular, I cannot say; I saw him lift a man up by the lamp-iron. He said, my lad give me hold of your hand; and he lifted him up on the leads.

WILLIAM ROBINSON sworn.

I live opposite Mr. Langdale.

Did you observe any thing that was doing at Mr. Langdale's house? - Yes; every particular that was done there, I saw as far as possible.

When did the mob come there? - Early in the afternoon, but they did not begin doing any mischief till six o'clock. Liquor had been given away to them for two or three hours before. I took particular notice of the prisoner as one of the most active amongst them. It was, I believe, near six in the afternoon when I first saw him; he was upon the leads for, I believe, an hour and an half or more; he appeared to be encouraging the mob to come on; he lifted one or two upon the leads by the lamp-iron with his hand.

Did he say any thing? - He was speaking all the time. One of Mr. Langdale's men went up to him to bid him desist, as I thought. I saw the prisoner point the crow at him, as if he was going to knock his brains out. When the prisoner got two or three more up with him, he knocked the windows to pieces. Then they went into the house and began to throw the furniture and the wainscoting out directly. They knocked the window frames and glass all to pieces, and knocked down two of the piers between the windows, and left only the middle to support the house.

Was the prisoner with them at this time? - I saw him in the room.

That you are sure of? - I am. He was the beginner of it as far as I could see. They set fire to the house soon after. Then I shut up my dining-room windows, and we removed our property.

PRISONER's DEFENCE.

I was not there; I am quite innocent of the charge they have laid to me; I was at Marybone all that day. I have no witnesses here.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice ASHHAURST.

311. JOHN GAMBLE was indicted for that he with an hundred others and more did unlawfully, riotously, and tumultuously, assemble, to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of David Wilmot , Esq . against the form of the statute , June 7th .

JAMES HABURN sworn.

I am a cabinet-maker. I have known the prisoner some years.

Do you remember the time when Mr. Wilmot's house was attacked? - Yes; it was on Wednesday the 7th of June.

Where is Mr. Wilmot's house? - At the corner of Wilmot-street, or Wilmot-row, Bethnal-green . It was about six or seven o'clock in the afternoon, when they broke into it; I saw the first man who entered the house.

What number of persons were assembled? - There might be a thousand. I staid there about an hour or an hour and an half. When I left the place they were pulling down the house. They had thrown down part of the lead, and were throwing down the rest.

Did you see any thing of the prisoner? - Yes. I was there sometime before I saw the prisoner; he came with some boards and other wood on his shoulder which he threw on the fire. I saw him go away and bring out more.

From the house? - I did not see him come out of the house.

Did you observe where he went when he went for more? - There was a ring in the middle of the people, between the fire and the house. He went towards the house.

Did you see whether he entered the house or not? - No.

How long was it after he returned with more? - Three or four minutes.

How often did he do that? - I am certain he went three or four times.

Are you certain to his person? - I worked shopmate with him. The day after Mr. Wilmot's house was pulled down he was bragging at a public-house of what he had done. I came in and said to him, John, or Jack, you are hard at work. He swore they had done Davy, as they called him. They said they had done the Doctor on the green.

He said so the next morning? - The next morning, or the Friday. I believe it was the next morning.

When was he apprehended? - On the Wednesday following. The patrole told me they had heard that I knew of him, and if I did not apprehend him I was in danger of being apprehended myself. I then went to Mr. Wilmot and told him that I saw the prisoner there. I likewise told one of my brother headboroughs that I saw Gamble at work at Mr. Wilmot's house; he told it to some others; they said I ought to secure him, and if I did not do it I was in danger myself. Mr. Wilmot said he was the first man whom he heard of when he came to town.

What day was it you went to Mr. Wilmot's? - Not till the day the prisoner was apprehended, that was on Wednesday.

Court. Had you heard at that time there was a reward? - I undoubtedly saw the proclamation stick up and heard of it, but that was not my motive.

You do not claim the reward? - No, upon my word I wish there was no reward.

JOSEPH CORDEROY sworn.

I am a bedstead maker, in Kerser-street, Half-moon alley.

Do you know Mr. Wilmot's house at Bethnall-green? - Yes. I was there about seven in the evening and saw a great tumult of people; they were pulling down Mr. Wilmot's house.

Did you see the prisoner there? - Yes. I knew him before.

What was he doing? - I only saw him go into the house. I did not see him doing any thing there.

What were the mob doing? - Knocking down the house and pulling the top down.

From the Prisoner to Haburn. What time did you see me there? - I had been there sometime before, I saw him there; I saw him at about seven or something after seven o'clock.

Prisoner. What coat had I on?

Haburn. He had on a blue jacket.

To Corderoy. Do you know what clothes he had on that night? - Yes, he had a blue jacket on.

When you made your information was it taken in writing? - No, I believe not, I signed nothing.

EDWARD PALES sworn.

I am a cooper. I was at Mr. Wilmot's house on the 7th of June. I saw the prisoner on the top of the house chucking the tiles off.

What time did you go there? - About six o'clock I staid about an hour and an half. I saw him chuck tiles off two or three times.

Were other persons on the top of the house besides? - Yes. I do not know who they were; some were doing one thing some another.

Had you ever seen the prisoner? - I have known him three or four years. I am positive as to his person.

How was he dressed? - I cannot be positive to his dress.

Prisoner. He said before the justice that I was dressed in a white coat.

Pales. I did not describe his dress at all.

Prisoner. It was partly dark when he says he saw me there; the house was on fire, by what I heard, by four o'clock. I took a walk and saw a conquest of people; I had got a little liquor in my head.

To Pales. When did you see him there? - About seven o'clock.

What time was the house on fire? - I saw things burning in the street when he was on the top of the house.

You did not see any fire in the house? - No.

Nor had there been any? - Not that I know of.

Mr. Wilmot's house was entirely pulled down? - Yes, it was.

To Corderoy. What time did you see the prisoner? - As near as I can guess it was seven o'clock.

Was the house on fire? - No.

PRISONER's DEFENCE.

It was eight o'clock by the time it was destroyed; they do not say they saw me have any weapon in my hand to destroy it.

For the Prisoner.

JOHN KNIGHT sworn.

I am a cabinet-maker; the prisoner has worked with me as a journeyman upwards of seven years. I have trusted him with property, I always found him honest; he has received money for me. As to liquor he is extremely weak, which renders him an object of pity; that induced me to come in his favour. The evidence Pales, I believe, was offered money if he would come to swear against any of the rioters. I was told by an officer, if I could tell any thing of any rioters I should have ten guineas; that was nothing concerning this man; it was after he was taken up.

Do you claim any reward? - No.

Prisoner. I was desired by the first evidence to get out of the way several days before he took me; he came one day and borrowed a plane of me, and he went and informed against me.

From the Jury to Knight. Was he at work at your shop the day this charge is alledged against him? - He does jobs at home sometimes.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice NARES.

312. SAMUEL SOLOMONS was indict for that he, with forty others and more, did, unlawfully, riotously, and tumultuously, assemble, to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Christopher Conner , against the form of the statute , June 8th .

CHRISTOPHER CONNER sworn.

What are you? - I was a publican once; I kept the sign of the Red-Lion, in the Parish of St. Mary's, Whitechapel .

Was you at your house on the 8th of June in the evening? - Yes.

Describe what happened? - On the 7th of June the first mob came to my house, they went away peaceable; I contented them with letting them have what they chose to drink; the mob returned again on the 8th; the prisoner was the third or fourth man that entered my house; he began pulling down the boxes as fast as he could. I ran after him up stairs; he and two or three more forced my chamber door open. I begged them for God's sake not to tear my place to pieces; they were breaking my drawers open then; that was up the one pair of stairs. I begged they would not spoil my property. The prisoner held me by the colar, and his comrade held a pistol to my head; the prisoner told me if I did not go down stairs he would send me down twice faster than I came up, and then I received a blow on my arm which fractured the bone. I went down stairs; I saw the prisoner no more till I saw him in the mob, which might be a quarter of an hour afterwards; I was struck by one of the mob.

What with? - I took it to be a small bar.

Had the prisoner any thing in his hand? - A bludgeon; and he had a lighted candle in his hand.

What was done to your house? - It was entirely demolished; the door, the wainscotting, the floorings, and the window frames, are all demolished.

What o'clock was it? - About ten or a quarter after; I believe the watch had gone ten.

Did you know him before? - I have seen him pass and repass through Whitechapel and Petticoat-lane two or three times.

You are not acquainted with him? - I never was acquainted with him in my life.

Did you make the discovery? - He was taken by some of the people at the Rotation-office in Whitechapel. I told the magistrates there was such a man; as soon as I saw him I owned him. I said he was the man; and after he was fully committed he acknowledged it himself.

When did you tell the magistrates? - The Sunday after the thing was done.

Was you present when he confessed the fact? - I was, and so was Mr. Dawson.

Where was the confession made? - He confessed it in the room, after he had been examined by the magistrates.

Was that confession reduced into writing? - I cannot say whether it was or not.

Did he confess of his own accord, or did any body tell him it would be better for him? - I heard neither promises nor threats.

What day was it that he confessed? - The Tuesday or Wednesday following the riot, I cannot positively say which.

How came he there? - He came with an intention of turning evidence against other people, I believe; I did not know of his being taken till I came there and saw him at the bar.

Cross Examination.

Which of the publick offices is it that you attend at? - I attend at none.

Would you have me understand that it is not the principal part of your business to attend at a publick office at the east end of the town? - I never did belong to a public office. I am an officer of his Majesty's palace court.

And did never attend an office upon cases of this kind? - No; I never did in my life; I detest a thing of this kind.

When did the proclamation come out offering a reward? - After the man was taken.

Recollect yourself? - I did not come here for the sake of the reward.

When did your house receive a damage? - The 7th.

Are you sure that on the Sunday after these things happened you spoke of this? - Yes. I told Justice Staples of it.

That was after the proclamation offering a reward? - That I cannot tell; I did not see it till the middle of the next week.

You did not see it, you might hear it? - I had trouble enough about something else.

You said this man came voluntarily, and that they took him? - I said he came voluntarily, and they took him into custody.

You came then not to enquire after him? - He secreted himself; it is not to be supposed a villain would not sneek out of the way.

This was at ten at night? - As near as I can charge my memory.

Were there any other lights than that candle in your house? - Some lights were sticking in my windows.

Was not you very much frightened? - Yes. I suppose if you had been in my circumstances you would have been frightened too.

I suppose so. But when people are so frightened they are not so likely to recollect? - When a man holds one by the collar with a candle in his hand, I think one may easily recollect him.

But can you be positive the prisoner is the person? - I am consident the prisoner is the person.

What clothes did the person wear that night? - I thought they were brown. He afterwards confessed they were not. But I am not positive to his clothes, I am positive to his person.

You swore before the magistrate that he had brown clothes on? - That I thought he had brown clothes on to the best of my knowledge.

The prisoner came voluntarily there? - He absconded some time; when he came the justice would not admit him on evidence he being one of the principals.

JOHN CLAWSON sworn.

I am a beadle of Whitechapel parish.

Do you remember the night of the 7th of June, when Conner's house was destroyed. - I saw the prisoner about a quarter after ten o'clock, coming from Conner's house with a blue flag, at the head of the mob, it was just as the watch was set.

Cross Examination.

Are you sure you are not mistaken in the man? - I am positively sure I am not mistaken.

What clothes had he on? - I did not observe his clothes at all.

Counsel for the Crown. Did you apprehend him? - No.

You have known him some time? - Yes.

What is his character? - I do not think it proper in the situation I stand to be asked about his character.

In any situation if you can give a man a good character you ought. What is the character of the prisoner? - It is urging a character out of my mouth which I would not wish to give of a man.

PRISONER's DEFENCE.

On the 27th of May I pawned my clothes, and on the 30th of June, I fetched them outright. They were after me in Petticoat-lane. One Joe Barber , belonging to Whitechapel court, enquiring after me, I went up to Whitechapel court to see what they wanted of me, and they detained me on this Joe Barber 's information.

HENRY LAZARUS sworn.

I have known the prisoner eleven or twelve years. He is a pencil-maker. He works for me; during the time he has worked with me, I never knew any thing but good of him.

How long has he worked for you? - A principal part of the time since his father's death. Before that he worked for his father and family. He has worked for me about three years.

Who provides for his mother and her children now? - The prisoner, ever since his father's death.

Court. How long has he left working for you? - He works for me now if he was at home; he worked for me till the time he was taken.

- BARNARD sworn.

I have known the prisoner nine years. He is a pencil-maker. He bears a very honest character.

MOSES LEVI sworn.

I have known the prisoner about nine years. I live in the neighbourhood. Since his father has been dead he has maintained his mother and sisters and brothers He always bore a fair character as far as I know.

Prisoner. He saw me two or three days before he gave information at the Rotation-office.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice NARES.

313. JAMES BULKLEY was indicted for that he, together with forty other persons, and more, did unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Cornelius Murphy , against the form of the statute .

THOMAS SMITH sworn.

I am a peruke-maker; I live at No. 9, in Golden-lane , directly opposite to Mr. Murphy's house.

Was you in Golden-lane when Mr. Murphy's house was attacked by the mob? - Yes; during the whole time.

When did the mob first begin to demolish it? - Between the hour of six and seven on Wednesday the 7th of June. I saw the prisoner enter Mr. Murphy's house and go up stairs. I afterwards saw him at the top of the house, helping to destroy the roof, and throwing the tiles down into the street. I expected he would fall from the top of the house to the bottom; at about eight o'clock, in the little street adjoining to me (I have lived there twenty-two years) I saw one Mr. Nunn, who had been in the action himself, wallowing drunk. I went to get him home; the prisoner put his hat up to Mrs. Bevans's face and said D - n you smell it, it has been full of gin, and if you want any I will fetch you some.

Did he say where he fetched it from? - He fetched it from Mr. Murphy's.

What was done to Mr. Murphy's house? - It was demolished from the bottom to the top; every thing was demolished.

Are you positive the prisoner is the person of whom you have been speaking? - I am; when he was fetched before the justice I said, My friend I am sorry I see you here, for I must speak against you; my conscience will not let me do otherwise. I shed tears for him.

Court. Was it upon your evidence he was first apprehended? - No; I did not inform against him.

Did you know the prisoner before? - I had seen him several times, he living in Playhouse-yard, but never to speak to him before in my life.

Cross Examination.

What time of night are you speaking of? - The first time I observed him was about seven in the evening of the 7th of June.

How long did you see him there? - For the space of about three quarters of an hour in the house; he might be there longer for what I know.

You hardly knew him before I understand, did you know his person before this? - Yes, for a few years back I knew him.

Where was you standing at this time? - I was at my one pair of stair's window facing Murphy's house, and could see every transaction as plain as I can see you.

Can you see well at a distance? - Yes, I can; thank God I have my sight pretty clear. I am sorry it happened for me to be in the way to see this.

And do you swear that you saw this man on the top of the house? - Yes, I did.

What time was that? - Between seven and eight, or rather before seven o'clock.

What other part of the house did you see him in? - Chiefly at the top of the house.

Did you see him there a quarter of an hour? - If I said half an hour I should not tell a lie.

WINIFRED BEVAN sworn.

I understand you are the wife of Mr. Edward Bevan , who lives in Golden-lane? - I am.

You remember the evening when Mr. Murphy's house was attacked and pulled down? - Yes, it was Wednesday the 7th of June.

In the course of that evening did you see any thing of the prisoner? - Yes, my house is opposite. I never was out of my own house during the time. I did not see him at Mr. Murphy's house; he came before my house after they had done at Murphy's house, How long after they had done as you call it, was it, before he came before your house? - A quarter of an hour. He offered me his hat which was exceedingly sopped in the gin; he pushed it into my hand, and said he would fetch me a hat crown full of gin to drink; I insisted upon his keeping off, and taking his gin away, for I would have none.

You saw a man there of the name of Nunn? - Yes, he was exceedingly in liquor in the horse-way. The prisoner endeavoured to put on Nunn's shoe, which had fallen off. He was so much in liquor that he fell down.

Did the prisoner say any thing to you where he fetched the gin from? - Not a word, but I was standing at my own door. I saw where he went to and came from; he came from Murphy's house along with the rest of the mob to my house.

You did not yourself see him at Murphy's house? - No further than coming in the mob from Murphy's house to my door.

Murphy was a publican, and dealt in spirits? - Yes.

Cross Examination.

Did you know Bulkley before that time? - Not to my knowledge.

When was he taken up? - It was the Thursday following, I believe; I cannot be punctual to the day; it might be a week after, but I cannot be punctual to the day.

Perhaps it was a fortnight after? - I cannot be punctual to the day when he was taken up.

Was you at the justice's office? - Yes.

How long was that after this affair? - I was there on the Saturday week he was taken up on the Friday.

Do you know who gave the information against him? - My husband I believe, to the best of my knowledge.

Then you do not know that your husband gave information against him. Was it not a good while after the proclamation of a reward? - I cannot say, I know nothing of that; I did not go out of my house during the whole riot.

EDWARD BEVAN sworn.

Counsel for the Crown. My Lord, Bevan was the discoverer.

Do you live in Golden-lane? - I live at No. 13, in - street, which is about twenty or thirty yards from Mr. Murphy's house.

Was you there when Mr. Murphy's house was attacked? - I saw a great mob in the street. I heard the glass fly; I went to the door. When I came up to the house I saw a great many people in it, breaking the windows. I knew several of them. Some people came to me and told me my house would be the next to be pulled down, for that Mrs. Clarke had declared I had Murphy's goods in my house. I stood at my door till Murphy's house was pulled down nearly. The mob called to them to come out for they were afraid the house would fall upon them. They came out into the street. There was a cask of gin in the street; they dipped their hats into it and drank a good deal of it.

Did you know the prisoner before? - I have seen him; I had no acquaintance with him.

What did you see him do? - I saw him with his hat full of gin. When he came to my house, he fell down under the window.

How do you know he came from Mr. Murphy's? - I saw him come from Mr. Murphy's house with the gin in his hat.

Did you give the information against the prisoner? - When I went down to the Artillery-ground, the justice asked me who I was most in fear of; I told the justice several of the neighbours were concerned. I told him of Bulkley for one, and several others who are gone away, and are not taken. I told the justices; they told the constables to take away whatsoever people they saw. When I was down there about Mr. Clark, the second time, I was ordered to attend again.

Cross Examination.

You say the prisoner had gin in his hat? - He had when he came to my door.

Where he had that from you cannot tell? - He had it out of a butt which was taken out of Mr. Murphy's house into the street.

I think you stood there? - Several people came and said Mrs. Clark was determined to have my house down.

Is your door in sight of Mr. Murphy's house? - It is.

And you had your eye upon the rioters there? - A great many of them threatened my house. I took notice of as many of them as I could to make interest with them that they might not pull my house down when they came there.

If the prisoner had been doing any thing else but getting this gin in his hat you must have seen him? - I saw him when he came across with the rest of the mob with the gin in his hat.

That is all you know of him? - That is all I know in particular of him.

JOHN LYNCH sworn.

I believe you had the misfortune to have your house destroyed in Golden-lane, was it destroyed before or after Mr. Murphy's house? - The night before.

Did the prisoner then render you any assistance? - Yes; he came with his wife. He put the pewter into his wife's apron and china, and things, and carried them to his house. He came to acquaint me of it next day; but I not being at home at my lodgings, he left word that he had such and such goods of mine.

What time of day was that? - Between two and three in the afternoon.

If it had not been for the prisoner you could not have known where they were? - No.

You have known the prisoner some years? - Yes.

Is there any thing remarkable in his character or constitution? - I have heard that at times he is insane. I have heard gentlemen say who went to school with him; that when he was a school boy, he would strip himself naked and run about the town where he was born.

Have you always understood him to be an honest man? - Yes. And when in liquor I never heard of his being given to wrangle or quarrel.

Cross Examination.

You and he were acquainted? - Yes, he used my house.

What trade are you? - A pawnbroker.

You know each other very well? - Yes.

SARAH HATCH sworn.

I have known him these two years past.

Do you remember the day that Mr. Murphy's house was destroyed? - Very well. I am a servant in Playhouse-yard, facing this person's; he came to my master's house to quell the mob.

What time was that? - Between three and four o'clock of that same day, on the Wednesday. My master's name is William Darwin . He told them he was a Protestant.

How long did he remain at your master's house? - About twenty minutes. I was much frightened as my master was not at home. He said he would go to see for his friend, which was this gentleman who is just gone down. His wife came to see how I was after the fright, at five o'clock.

You have known him some time? - I have lived facing him two years and three quarters. She came over about five o'clock to me to see how I was after the fright. The mob bid me hang out a flag of truce, which was one ribband longer than the other; they said there would be another mob. I was with Bulkley from five o'clock till about five minutes before seven; then his wife desired me to walk in from the door, to sup; I said I could not go unless she placed the table so that I could see every one who came to the door. I was with him from seven till the clock struck eight. The mob halloo'd again. I was afraid they were coming to my master's house; we ran down both together.

When was the last time you saw him? - At ten. He was not five minutes out of my company, from eight to ten o'clock. Then he ran down to see if the mob were coming to Playhouse-yard, and then they were at Cassaday's; but his house was not pulled down, nor touched.

Cross Examination.

What are you? - A servant.

To whom? - William Darwin .

Then according to your account you saw this man from five in the evening till ten at night? - I did.

Was he perfectly sober all the evening? - I cannot say, he was sober when he first came.

Had he any liquor with you? - We had three pints of beer between him and I and his wife. When we sat at the door we had a pot of beer. We did not drink it all, we had a pint more when we went to supper.

He probably then got sober? - He was not over and above drunk at first but a little in liquor. When he gets a little in liquor he is like a madman.

But he was in his sober senses that evening, for he came to tender his services? - Yes; he wanted to help move off my master's property before the second mob came.

What did he say about the second mob? - He said he would have me move off the best of my master's goods before the second mob came to destroy them, the mob said another mob would come, and we must hang out a flag of truce, which I did. He said when he went out, I will go and see for my friends to let them know where their property is, and then I will be back with you again.

What time was that? - That was rather before five.

And he never was out of your sight from that time till ten o'clock? - Not till very near ten o'clock.

How far is your house from Mr. Murphy's house in Golden-lane? - If it was quite straight not half a gun-shot.

Forty, fifty, or sixty yards? - It might be that compass for what I know.

Do you know Mr. Bevan's house in Golden-lane? - I do not.

JAMES WATKINS sworn.

I have known Mr. Bulkley three years, he lived above two years in my house, he is a very honest hard-working man, but like some other people when he gets a little liquor he is out of his mind I think.

It has a very bad effect upon him I believe? - Yes, it has; I have told him so.

JOHN SILK sworn.

I have known Bulkley nine or ten years, he is a very honest, industrious man; he worked for me on and off in that time.

JOHN IVEY sworn.

I have known the prisoner about nine years or rather better, I never heard any thing amiss of him, but only fuddling; he has a good character; I have lent him money, when he has been straitened, to buy wood, he always paid me very honestly. I was at his house the 15th of last month; an information was laid against a neighbour. I said it it well Mr. Bulkley that you have kept out of these broils. He said yes he had not been at all in it, except in assisting Mr. Lynch the pawnbroker.

Has he been always in his business since? - Yes, he has been working in his open shop since.

WILLIAM HANCOCK sworn.

I have known the prisoner two years and an half. I have always seen him a hard-working man, he always bore a fair and honest character, as far as ever I saw.

HANNAH SQUIRES sworn.

I have known the prisoner about five or six years; he is a very honest hard-working man, a good husband, and a good father, only apt sometimes to get a little in liquor.

THOMAS TAYLOR sworn.

He has worked for me these nine years back; he will sometimes, like other men, get a little in liquor; but I never found him otherwise than an honest man; I never heard a single individual give him any other character.

WILLIAM HURST sworn.

I have known the prisoner about five years, he is a very honest man for whatever I heard of him.

MARGARET BARNARD sworn.

I have known the prisoner about eighteen years, I never heard any thing but what was very good of him; he always bore a good character, and all belonging to him.

GUILTY ( Death .)

(The prisoner was humbly recommended by the Jury to his majesty's mercy.)

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

314. JOSEPH GROWTE was indicted for that he together with forty other persons and more, did unlawfully, riotously, and tumultuously assemble on the 8th of June, to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Christopher Connor , against the form of the statute, &c.

(The counsel for the crown did not offer any evidence in support of the indictment.)

NOT GUILTY .

315. EDWARD DENNIS was indicted for that he together with twenty other persons, and more, did, unlawfully, riotously, and tumultuously assemble on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Edmund Boggis against the form of the statute, &c.

WILLIAM LANGFORD sworn.

I deal in coals. I live in Brownlow-street, Holbourn.

Was you in New Turnstile on the 7th of June last? - I was at the end of it at about seven o'clock on the Wednesday evening; I saw the prisoner bringing out several things, particularly a table and some wainscoting and boards. The prisoner returned several times, and huzza'd to his companions; he brought them to a fire which was directly opposite.

Where did he bring these things from? - From Mr. Boggis's house, which is three or four houses down the court. The house was destroying at that time.

Did the prisoner bring these things from that house? - As far as I could discern.

What number of people might there be collected together? - There might be two or three hundred.

Did you know the prisoner before? - Yes, very well.

Are you positive that the prisoner is the person of whom you have been speaking? I am.

From the Prisoner. How came you to take particular notice of me? - The reason why I took particular notice of him was because he was the most active person amongst the whole mob.

Prisoner. Whether he saw any body lay hold of me by the collar and force me into that court, and swear, They would be d - d, if I did not carry some of the wood to the fire, if they would not put me on the fire? - No, I did not hear that.

Jury. Did you see the prisoner bring these things which he carried to the fire from that house? - As far as I could tell; I did not see him go in nor come out of the house.

Was there any other house destroying at that time? - No. There was one in Prince's-street, which was destroyed immediately after.

Did you see this house destroying at that time, or only hear that it was destroying? - There was a number of people about the door; I heard the boards crack and saw the things thrown out at the window.

THOMAS JONES sworn.

I am a broker in Holbourn. On the 7th of June I was opposite New Turnstile, near the Vine Tavern, which is about thirty or forty yards from Mr. Boggis's; it was between the hours of six and seven. I saw the prisoner come down the Stile with a large piece of wainscoting, he put it upon the fire and gave a great huzza.

Where was the fire? - Opposite the Stile in Holbourn. I saw him after that bring wainscoting at two or three times, and pieces of cornices, and put them likewise on the fire.

Where did he bring this wainscoting from? - I cannot justly ascertain that.

Do you know Mr. Boggis's? - Yes.

Do you know from your own knowledge whether that was the house the mob were in and which they were pulling down at the time? - To the best of my knowledge it was, but I did not see it.

Did you know the prisoner before? - Yes, I have seen him go by attending executions. I have seen him on the sledge. *

* The prisoner was the common executioner.

Are you sure he is the man? - I am.

Prisoner. Did you see me in any house?

Jones. No, I did not; nor did I know what house he came from.

THOMAS DARBY sworn.

I am a grocer, and live in Dean-street, Holbourn. I was in Holbourn adjoining to New Turnstile, on Wednesday the 7th of June. Between seven and eight in the evening there was a great mob there and several fires burning; the mob were bringing wainscoting from New Turnstile.

From what house? - I do not know of my own knowledge. I saw the prisoner there.

Did you know him? - Yes, I have seen him often and knew him. He was bringing pieces of wainscoting and cornices at several times, which he chucked upon the fire in the middle of the street.

How long was the prisoner there? - I cannot say. I was there about a quarter of an hour or twenty minutes.

Did the prisoner huzz or any thing? - Yes, in my hearing he did.

SAMUEL GARRATT sworn.

I live at Mrs. Irwood's, in High Holbourn. I am her journeyman; she is a butcher; her shop is in High Holbourn, but she keeps another house in Little Turnstile, almost opposite to Mr. Boggis's.

Was you at that house in Turnstile on Wednesday evening the 7th of June, or Did you see any thing of the destruction of Mr. Boggis's house? - All I saw of it was a man knocking at the door to get in. He said, If they would not let him in he would knock the door down. Then I went away to work.

What time was it you saw them knocking at the door? - Between five and six o'clock. I returned again in two hours; the house then was partly pulled down; there were two or three boys in the inside.

How many people were there about it? - About six or seven; I then saw the prisoner with some wood under his arm and upon his shoulder going towards Holborn; I did not see what he did with it as I did not follow him; he took it from opposite Mr. Boggis's house.

Was there any other house pulled down besides Boggis's? - Yes; the Ship was attacked; some of it had been pulled down in the morning and some the day before.

Did you see the prisoner take that from Boggis's? - Yes.

Are you sure he is the man you saw? - Yes, I am; I knew his person before.

Court. Where is the Ship? - At the corner of Little Turnstile, about six or seven doors from Mr. Boggis's house.

Did you observe any of the people in Boggis's house doing any thing? - I did not.

Did you see any thing thrown out of the window? - Two boys threw some wainscoting out of the window at that time.

EDMUND BOGGIS sworn.

I kept an house that was pulled down, I kept a chandler's shop.

When did the mob assemble about your house? - Between six and seven o'clock in the evening on Wednesday the 7th of June.

What did the mob do there? - I was afraid to stay; I left the house.

In what state was your house? - In a clean decent order. I had moved part of my goods off.

Was the house in a state of repair? - It was very well for that.

How was it when you returned? - It was torn almost all to pieces; there is a little part of the wainscoting standing, the dining room window was entirely knocked out; all the wood work and glass was beat out, but not the window.

How far is your house from the Ship? - The Ship is about six or seven houses round the corner.

When was the Ship destroyed? - The night before.

Court. Was there no part of the materials from the Ship brought there that afternoon? - No, they did not bring the materials from the Ship past my house, they carried them into Gate street; I saw the people at work all that day.

PRISONER's DEFENCE.

I was coming out of the city; I had been to borrow two or three shillings, because I could not get money for my quarter's salary; I was making the best of my way home; I live in Newtoners-street, which, is the next turning but one. I happened to see the fire, there was a vast mob there; I was going through and they laid hold of me; just before they laid hold of me they laid hold of two footmen and a coachman; they looked very clean as if they were going to wait at dinner; the mob swore a bitter oath that they should lay hold of some of the wood and carry it or they would chuck them upon the fire; the mob had sticks belonging to spokes of wheels and iron bars and chissels as long as my arm; they turned round again. I ask pardon for mentioning such a vulgar expression, they said, Here is bloody Jack Ketch , d - n his body he is sorry he has lost his job to-morrow. I said no, I am very glad of it; I hope they will never come to me any more. They said, D - n your eyes you lie; one was going to strike me; the others said, D - n him do not hurt him but make him carry some to the fire, or else we will knock him down. They made me carry wood several times, and I huzza'd by their orders several times; they swore they would use me ill if I did not. I kept myself from all other riots; I never was found out at a late hour; I was always a bed before candle light during the riots, because I would keep from the mob. I was vastly afraid of them; I knew they would use me ill.

Jury to Boggis. Whether you saw the prisoner at your house? - I did not.

Counsel for the crown. You said you was frightened and quitted your house? - I did.

Jury. You did not see him any where about the premisses at all? - No.

Prisoner. I have served the sheriffs a good while and they never heard any bad character of me.

Jury to Langford. Did you observe whethere there was any appearance of violence from the mob towards the prisoner, or was what he did his own voluntary act? - I believe it was his own voluntary act.

Did you see the mob use any violence or threats to him? - I saw none.

To Darby. Had you an opportunity to observe whether the mob seemed to threaten the prisoner or by force to set him upon what he was about? - I did not observe any thing like it.

To Garrat. I think you did not see the prisoner the first time you saw the mob come into the house? - No.

When you came afterwards and saw him the business was nearly finished? - Yes, it was.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. RECORDER.

315. WILLIAM HALL was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultously assemble, on the 8th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of John Lynch against the form of the statute .

(The counsel for the crown did not offer any evidence.)

NOT GUILTY .

316. JOHN BURGESS was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 8th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of John Lynch , against the form of the statute .

WILLIAM JACKSON sworn.

I am a wheeler; I live in Ironmonger-row, St. Luke's.

Do you know Mr. Lynch? - Yes, very well; his house is in Golden-lane at the corner of Bell-yard .

Was you at Mr. Lynch's at the time the mob assembled there? - Yes. I am an headborough of that parish; I was on duty that night, I had been to Westminster; when I came to Old-street I saw a great fire and people bringing things up Golden-lane from Mr. Lynch's house to that fire, that was at about a quarter after one; there were about fourteen or fifteen people about Mr. Lynch's house; I saw the prisoner at the bar bring out a post belonging to a bedstead and part of a curtain; I followed him up the lane to the fire and saw him fling it into the fire which was made near the turnpike.

How far is that from Mr. Lynch's house? I dare say three hundred yards. I followed him back; he went into Mr. Lynch's house again; he staid about two minutes and then brought out a copper pot and a lid; I saw him fling them into the fire.

Did you know the prisoner before? - Yes; I believe he has been taken before Justice Walford two or three times before.

Are you sure the prisoner is the person of whom you have been speaking? - I am.

What were the mob doing in the house? - Some were receiving things, which others threw out, and carrying them up to the fire.

Jury. When was this information laid against the prisoner? - I do not remember the day of the month.

How long after the 8th of June? - I believe about a fortnight afterwards as near as I can recollect.

How came you not to give information before? - I splintered a bone in my leg on the morning I saw the prisoner in Mr. Lynch's house and was confined.

Jury. Did you tell it to any body? - Yes, to a brother officer.

Who gave the first information against the prisoner, was it yourself? - Yes, it was myself, and he was brought before Mr. Walford and Mr. Blackborough. I was sitting in a chair when the prisoner was brought in.

Then it could not be in consequence of your information? - No, Mr. Lynch's.

Did you know of his being taken till you saw him brought in there? - No, I did not.

Prisoner. Did you see me in the house? - Yes, I did, at about one o'clock or a little after. The pot and pot-lid were produced before the justices in the Artillery-ground after they had been three hours in the fire.

JOHN BRADBURY sworn.

I keep a public-house, the sign of the Crown, in Golden-lane.

Was you in Golden-lane at the time Mr. Lynch's house was destroyed by the mob? - I was; the mob were going to burn Mr. Lynch's goods before a gentleman's door, the gentleman said he would give them some beer to carry the goods farther. He ordered me to carry them some beer up stairs, and I took a gallon.

Jury. Where did you carry the beer? - Into Mr. Lynch's house. I saw young Burgess the prisoner there, knocking the wainscoting to pieces.

What time was this? - It might be about twelve o'clock, but I cannot exactly tell the time. He was pulling down a partition. When they saw me bring the beer they came round me, and I served them half a pint a piece. The prisoner came to me for some; he was all of a sweat; he snatched it out of my hand before the others were served.

Did you know him before? - No, but I took particular notice of him by his coming to have the beer first.

Are you sure he is the person? - I am. I served the beer out, then I left him. I saw him taken up the Sunday following.

How long were the mob at Mr. Lynch's destroying the house? - They came about half after ten o'clock. It was about two hours before they came to my house.

Jury. Did you see the prisoner taken up the Sunday following? - Yes, I believe it was, but I will not be certain.

Jury. The other witness said he believed it was a fortnight after.

Counsel for the Crown. The house was destroyed on the Wednesday, he was examined on the Thursday se'nnight following. He was taken up four days before he was examined.

From the Prisoner. What time did you see me there? - About twelve in the morning.

JOHN LYNCH sworn.

You had a house in Golden-lane? - I had. The mob came to my house on Tuesday night between ten and eleven o'clock I believe it was, but I cannot speak exactly to time; the house was then in very good repair. I saw it again the next day; it was torn all to pieces, the flooring and wainscoting was pulled down throughout all the rooms.

PRISONER's DEFENCE.

I am not guilty.

For the prisoner.

DANIEL PERKINS sworn.

I have known the prisoner five months; he has been a very sober honest boy the time I have known him.

JOHN KEBBLE sworn.

I have known him from about January last. I believe him to be a very honest boy. We have been acquainted pretty much since. I never heard any thing against his character.

JOHN BURGESS sworn.

I am the father of the prisoner. At the time they have sworn to, he was in bed with me.

What night do you speak to, Tuesday night? - Yes.

What time was he in bed on Tuesday night? - At half after nine o'clock.

What time did he get up in the morning? - At nine o'clock.

Was he ever out of bed the whole night? - No, not at all; I was with him all the time. He had more witnesses to his character, but they are not come.

GUILTY ( Death .)

(He was humbly recommended by the Jury to his Majesty's mercy, on account of his youth.)

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

317, 318. JAMES MURRAY and SAMUEL WALLIS were indicted for that they together with fifty other persons and more, did unlawfully, riotously, and tumultuously assemble on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Stephen Maberly , against the form of the statute, &c.

THOMAS ALDIS sworn.

I am a journeyman to Mr. Maberly. On Monday the 5th of June about fifty people assembled before Mr. Maberly's house and began to throw stones at it; they broke the windows in the fore part of the house. They destroyed some part of the parlour, which was not furnished, but was sitting up. The next day Mr. Maberly had some boards put up to prevent any one's coming into the house; on that evening, which was the Tuesday, there assembled about two hundred people before the house, and pulled the house to pieces. Mr. Maberly concealed his goods in the cellar, under the shop. The mob continued there from Tuesday night till Wednesday about two o'clock. I was in the shop. I saw a person; I do not know who it was with an iron bar in his hand tearing up the floor of the shop; when they had got the floor up, they found the goods and stock in trade. They carried them into the street and burned them.

What number of people were in the house at that time? - I believe about one hundred.

Could you distinguish any of them so as to know them again? - I do not think I could.

Did they tear all the floor up that night? - No, there is some left now. They tore up about fifteen or sixteen foot of the floor; it was chiefly destroyed on the Tuesday.

JOHN ATWOOD sworn.

I keep a chandler-shop in Bloomsbury, and am a patrole for Bloomsbury.

Do you know the prisoner, Murray? - Yes. On Wednesday evening the 7th of June, whilst Lord Mansfield's house was on fire in the morning, I heard a great hallooing; I went up into Charlotte-street. The mob were knocking at doors and demanding money. I saw Murray there. I cautioned him, and told him he was in a dangerous situation. He said, Mr. Atwood, I don't want to meddle with you. I said if you meddle with my neighbours you meddle with me. He said again he did not meddle with me. I told him I would punish him for it. I went to Litchfield-street, and gave an account that I had seen him in Charlotte-street. I was ordered to take him by all means. I went immediately and secured him; Wallis was in company with him when I took him; he had a stick in his hand, a ribband in his hat, and a cockade in his hat; he behaved in an audacious manner.

THOMAS BARBER sworn.

I am an officer of the excise.

Was you in Little Queen-street, on Wednesday the 7th of June? - I was there.

What was the occasion of your going there? - A gentleman acquainted with Mr. Maberly's brother was in company with me, and asked me if I would go there; he went to Great Queen-street; he would not go further. I said I would go to the house; this was about five in the afternoon. When I came to the publick-house opposite Mr. Maberley's I saw the prisoner in Mr. Maberly's parlour. I staid there till between ten and fifteen minutes and returned to the company I had left.

What did you see the prisoner do? - I saw both the prisoners assisting in destroying the things in Mr. Maberley's house. I saw the prisoners receive them from the people in the first room on the ground-floor. They brought them out of the passage that goes into the parlour, and carried them to the fire.

Court. Did the goods come from the back part of the house? - Yes, there were several fire burning; I am positive to fix, but I believe there might be more.

Did you take particular notice of the prisoners before? - Yes; I did take particular notice of them; I had known them upwards of two years before.

Are you certain to the persons? - Yes, by virtue of the oath I have taken I swear they were both there.

What number of people were there about the house at the time? - Great Queen-street, and Little Queen-street were full, there were so many I cannot tell within an hundred, but I believe there were four hundred people.

Who gave the information? - I was sitting in the Rotation-office in Litchfield-street; I saw the prisoner Wallis brought there by Atwood. I then went in and related what I had seen him and Murray do. I did not know he was in custody before. While I was doing my duty at a brewhouse, I saw Wallis go by I secured him, and took him to Litchfield-street office; that was on the 23d.

WALLIS's DEFENCE.

We had witnesses but they are gone now; we leave ourselves to the mercy of the court.

Mr. Maberly's Brother. I never saw that man (Barber) in my life; he says he was in my company. I was at home securing my life at the time.

Barber. He says he never saw me before; he might not; I said I was with an acquaintance of Mr. Maberly's. We came to Great Queen-street; and I left Mr. Maberly's friend at the Queen's-head Tavern.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

319. STEPHEN TITCOMBE was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously assemble on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Edmund Boggis , against the form of the statute, &c.

HENRY YOUNG sworn.

I am a sawyer. I live in North-street, behind Mr. Whitefield's Tabernacle in Tottenham-court-road.

Do you know Mr. Boggis's house? - Yes. I was coming up the street at the back of it a little after six in the evening; I saw the prisoner there; there were about twenty or thirty people there; some were carrying boards out of Boggis's house. I saw the prisoner take up some boards which appeared to me to be wainscoting and doors, but I did not take particular notice of them. I said, O Stephen, I am sorry to see you there! he replied d - n something, but I do not recollect what he said more.

Jury. Did you know the prisoner before? - Yes.

How long have you known him? - I have known him two or three years; I never knew the man do any thing wrong in my life.

Where did he carry the things to? - Up the court. I did not see him do any thing with them, for I did not stay two minutes, to the best of my knowledge.

Was there any fire opposite the court? - There were two or three fires I believe in Holbourn, pretty nearly opposite to Turnstile, but I did not go into Holbourn.

Cross Examination.

You cannot tell what the prisoner had in his hand? - No, I saw him take up some boards.

Do not you know where they came from? - No.

You made a discovery of this? - No, another man and I were speaking of it in a public-house.

What is his name? - He is outside the door.

Is he an acquaintance of your's? - Yes, a sawyer.

How long was it after this before the prisoner was taken up? - I do not know.

Was it Conway you was in company with? - Yes.

Was he at Mr. Boggis's house? - I do not know, he was not at work with me at that time.

Court. You did not see them carry any thing out of Mr. Boggis's house? - No, I did not.

Counsel for the Prisoner. I understood you to say you could not tell what it was they took up, whether it was boards or wainscoting? - I do not know whether it was boards or wainscoting.

You just knew they were wood? - Yes.

Counsel for the Crown. You think they were wainscoting or doors, did they look like wainscoting? - Yes.

Counsel for the Prisoner. You did not see any one bring them out of the house? - No.

STEPHEN CONWAY sworn.

I am a sawyer.

Do you know Mr. Boggis's house? - Yes.

Was you at Mr. Boggis's house or near it at the time the mob was there? - I was in Holbourn, near Little Turnstile.

How far is that from Little Turnstile? - Mr. Boggis's house is in New Turnstile. I was in Holbourn, facing the court.

Was there any fire at that time in Holbourn? - Yes, just facing the court.

Did you see any one there whom you took notice of? - Yes, only one, that was Stephen Titcombe . I had known him four or five years before. I was shopmate with him about four years ago.

What did you see him doing? - I saw him bring some furniture out and throw it on the fire.

What was it? - It seemed to me to be boards and doors; he brought it out of the court.

How near was you to the prisoner when he came by you? - I was on the other side of the street.

You can tell what sort of wood he brought? - Yes, it seemed to me to be wainscoting and doors. It was broke.

Was it painted? - I do not know.

Who gave the first information against the prisoner? - I do not know.

You are sure it was either a door or wainscoting that you saw him have? - Yes.

What did he do with it? - He threw it on the fire.

How often? - Two or three times.

Cross Examination.

You say you are a sawyer? - Yes.

Do you know furniture from wainscoting and doors? You said first he threw furniture on the fire. Then you was asked what it was; you said boards and doors? - That is what I call furniture.

Do you call boards furniture? - Yes.

And you call furniture boards perhaps? - It is furniture when it is worked up.

When did you first complain against the prisoner for having done what you now charge him with? - I do not know that I am the first who complained.

When did you first complain of him? - Five or six days before the time he was before the justice. I was in company with a man; he said to me, I saw such a man at the fire, meaning the prisoner; I said so did I. That man had the prisoner taken up.

What was that man's name? - John Booth ; he is a soldier in the militia.

How long was it after the reward was published, before you talked of taking him up? - I do not know any thing about it.

Counsel for the Crown. Had you heard of the reward at the time? - I heard of the reward but I am not certain whether it was before or after.

Jury. You understood you was to have part of it? - No.

Counsel. You do not mean to take any part of the reward? - No.

EDMUND BOGGIS sworn.

I kept an house in New Turnstile; it was pulled down on the 7th of June between six and seven o'clock in the afternoon.

In what condition was your house when it was attacked? - Very tenantable. I was very comfortable.

In what condition was it when the mob left it? - The glass was broke to pieces and the wood-work of the dining room broke out; the wainscoting was almost all demolished.

Do you know when the prisoner was taken up? - I cannot remember the time.

Who gave you the first information against him? - I think it was Mr. Young; the examination was over at Hick's hall before I knew it. I think Mr. Young came in after he had been at Hick's hall, and told me; and the other came in afterwards.

Were they all together? - Yes.

Cross Examination.

Both the witnesses, Young and Conway, came to your house together? - Yes.

You cannot say which spoke to you? - Mr. Young I believe.

Was an indictment found then? - Yes.

That was after the sessions began at Hick's-hall? - Yes.

You cannot speak to the time the wainscoting in the dining-room was destroyed? - No. I was frightened, and as soon as they came about the house I left it. I got the best of my furniture cut; what I left behind was entirely destroyed.

To Conway. About what time was it you saw the prisoner there? - Between six and seven o'clock.

How long did you stay there? - Not above ten or twelve minutes.

To Young. Were you and Conway together at the time of the mob's doing the mischief? - No.

What time was you there? - Between six and seven o'clock.

When you went with Conway to give evidence before the grand jury on this indictment do you know whether you had heard of the king's proclamation offering a reward to any person who made a discovery? - Yes; but I had no such motive.

Did you know that you were intitled to the reward? - No; I denied it.

Do you now disclaim all reward? - I do, if there were ten thousand pounds.

Prisoner. I leave my defence to my counsel.

JOHN KENT sworn.

I am a sawyer, I have known Young about two years.

Is he a man of credit, of reputation, who ought to be believed upon his oath? - He is a man who bears a very indifferent character in the trade.

Court. Do you think him a man to be believed upon his oath? - I cannot tell that.

Counsel for the Prisoner. Do you think he is a man who ought to be believed on his oath? - I do not think he ought.

How long have you known Titcombe? About three years, he bears a very good character; he is a hard working honest man.

Cross Examination.

Young and you have quarrelled have not you? - No; we never quarelled.

Young. I give him leave to speak every thing against me he knows.

Kent. He came to work with me in my pit; he wanted to get the man out of his work, and wanted me to prove the man charged more work than was done, and master sent for me, I knew nothing about it.

Who was by? - Mr. Wilson.

To Young. Is that true? - He said the man charged too much, and was as willing to get him out as myself. I can bring fifty witnesses to speak to my character in the course of half an hour.

JAMES WELLS sworn.

Do you know Young and Conway? - I do not; one of them has worked for me a good while ago, I cannot tell which.

Were there not two men came to your yard about the prisoner? - Not that I recollect, the prisoner has worked for me four years; he worked very hard, he is a very industrious man; and has earned four or five and twenty shillings a week.

BENJAMIN MURRELL sworn.

I am a sawyer. I know the prisoner; I was in the yard when two men came to enquire after Great Stephen, the prisoner goes by the name of Great Stephen in the trade; they came to know where he lived or where he was at work.

Do you know those two men? - I cannot say I do; when I am at work I make it a rule not to mind who comes in or what is said, but I heard the words that They could make a hundred pounds of him; that was on the Monday before he was taken up. I asked the man they came to, when they were gone, who the man was? He said his name was Young, and that he worked with him.

That man here? - No. I have known the prisoner from a child; I knew him in the country, he is a very honest hard working man; when he left a master there were others ready to send for him; he has always born the character of an industrious man.

MARY PALMER sworn.

The prisoner lived in my house two years and a quarter, he is a quiet hard working man; he has never been, during that time, ten nights out till ten o'clock, except of a Saturday when he has been obliged to stay at the pay table.

MARY MURRELL sworn.

I lived in the house with the prisoner three quarters of a year, he is a very quiet industrious man, I never desire to have a better neighbour.

WILLIAM FAIRN sworn.

I have known him about twelve months, he is a quiet, harmless, civil man; and I believe altogether as honest; he has worked with me.

SAMUEL DE FOE sworn.

I have know him better than four years I never heard but that he was an honest industrious hard working man.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

320. JAMES GALL was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble on the 8th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Cornelius Murphy against the form of the statute, &c.

CORNELIUS DEMPSEY sworn.

I keep the sign of the White Lion, a public-house, in White Cross-street.

Do you know Mr. Murphy's house? - Very well.

Was you there when the mob attacked his house? - No. The windows were broke when I got there, which was at about seven o'clock in the evening. I saw James Gall pull out part of the sash frames and throw it out; the mob were breaking the furniture to pieces, and throwing it out, and likewise the inside of the house.

Did you know Gall before? - Yes; I lodged in the same house with him four years ago.

How long did you stay? - Not above a quarter of an hour; I stood opposite Mr. Murphy's house, the street is about twelve yards wide.

Are you sure the prisoner is the man of whom you have been speaking? - I am sure he is the man.

Was the prisoner taken up upon your information, was you sent for to give information, or did you go by yourself? - I went by myself.

Cross Examination.

When did you go? - On the 10th.

After the proclamation? - Yes.

Had you heard of the proclamation when you went to give evidence? - There was no money at that time offered, only a proclamation.

Did you expected any money when you went? - No.

Do you claim any reward? - No.

Can you read? - Yes.

Did you read the proclamation? - Yes.

How then could you tell the gentlemen there was no reward offered? - I did not read the proclamation, I did not expect any reward.

What are you? - I keep a public-house.

You say you did not stay above a quarter of an hour? - No, they were pulling the house to pieces; I went off.

This man you knew perfectly well before? - Yes.

Did you see any of his neighbours there? - Yes; one.

Did you see Mr. Poole? - No.

Did you see Mr. Read? - No.

Did you see Mr. Wigmore? - No.

When was the first time you discovered this? - On Saturday.

Not before Saturday; how came you to keep it to yourself till Wednesday? - I did not know where he lived.

Did not you know where to find him? - No.

Did not you know where he lodged? - No, not till Saturday; I then saw him go into an house and thought he lodged there. I went to Captain King , and we took him directly.

Did you mention his name to any body before Saturday? - No; if he had been out of the way I should not have given any information against him I believe.

Counsel for the crown. Did you mention that you had seen the prisoner at the bar to any of your acquaintance before Saturday? - No.

Jury. You say if he had gone out of the way you did not want to give yourself any trouble about him? - No.

(The counsel for the crown offered evidence to prove the demolition of the house. But the counsel for the prisoner admitted it.)

Prisoner. I leave my defence to my counsel.

For the prisoner.

DAVID READ sworn.

I am a shoemaker; I live in Grub-street; the prisoner is a journeyman shoemaker; I have known him ever since he has lodged where he did when he was taken up; he lodged there about three years.

Did Dempsey know he lodged there? - I believe he did.

Was you at Mr. Murphy's house? - Yes, I was there from six o'clock till the whole of it was down. I stood close to the house.

Did you see any body pull down the window frames? - Yes; several.

Did you see the prisoner there? - No.

If he had been pulling down the window frames must not you have seen him? - I must have seen him, I was there all the time.

If he had been active in beating out the window frames must you not have seen him? - I certainly must, I know him so well.

Counsel for the crown. Will you swear the prisoner did not beat out the window frames? - I will not swear that; I swear I did not see him.

You will not swear he did not pull out the frames? - He was not there.

Will you swear he was not there? - I did not see him there.

RICHARD PICKBARROW sworn.

I am an embosser.

Was you at Mr. Murphy's house, at the time it was demolished? - I went there a little after six and staid till near eight.

Did you see the persons pulling down the window frames? - I saw several people demolishing the house, but I did not see the prisoner. I have known him twelve months.

If he had been busily employed in pulling out the window-frames must you not have seen him? - I must have seen him; I was there opposite the house all the while; I did not see him there.

NICHOLAS POOLE sworn.

I am a master shoe-maker. I have known the prisoner eleven or twelve years. He served his apprenticeship with me; I have known him up to this time; he is an honest and sober a lad as ever was in any man's house.

RICHARD CRAVEN sworn.

I am a journeyman shoemaker, and live at No. 5, in Grub-street. Gall lodged and boarded with me near three years.

Do you recollect the night Mr. Murphy's house was pulled down? - Yes, it was on the Wednesday, the prisoner was at work that day and every day of the week.

Do you recollect how long he worked that day? - Not particularly.

Do you know Dempsey? - I have seen him several times, but never till this affair; I always found the prisoner an honest, sober, quiet, harmless young fellow; he is a very regular man, and supports his poor mother; he sends her half a guinea at a time.

Cross Examination.

You are not positive what time the prisoner went out that evening? - I did not take particular notice; I believe he went home between nine and ten, or just after nine o'clock.

- MORRISON sworn.

I have known the prisoner upwards of a twelve-month. He is a very sober careful man; he worked very hard.

JOHN BOBINSON sworn.

I am a master shoe-maker. I have known the prisoner about four years; he is a just honest young fellow; he worked for me, and did my business extremely well.

GEORGE CARTER sworn.

I am a shoe-maker. I have known the prisoner between two and three years he; is a sober, honest, industrious young fellow.

BENJAMIN RUSHTON sworn.

I am a stone-mason. I have known the prisoner about four years; he has got an exceeding good character from his behaviour, which has been more like a man of forty or fifty years of age than a youth.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

322, 323. THOMAS KELLY and ANDREW GRAY were indicted for that they in the king's highway, in and upon Jacob Rotherker , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a linen handkerchief, value 1 s. and ten shillings in monies, numbered, the property of the said Jacob , July 1st .

JACOB ROTHERKER sworn.

I live in Marshall street, Carnaby-market . On the 30th of June I was coming from Hays towards London, on foot, I think it as about eleven o'clock at night; two soldiers came up to me, it was light enough for me to discern their faces, I am sure the prisoners are the men, they were on the high road; I was on the foot path. One asked me first what it was o'clock. I said I thought it was near twelve o'clock. They both came to me; one took hold of my right shoulder, the other held a bayonet to my breast, and said, your money! I said I was a poor man, and had no more money than what I got that day in the country by playing on the harpsichord. I said I had got half a guinea. They then asked for my watch. I said I had none. Then they demanded the half guinea. I told them I had changed it into silver, and that I had but about ten shillings left; they again demanded the half guinea, thinking still that I had the half guinea in gold. I said I had changed it. They pulled my breechees quite down and searched for the half guinea. Then they took away my handkerchief and gave me a wound on my forehead with a bayonet. I asked for something to buy me a pot of beer upon the road upon which they struck me again with the bayonet, and said, if I made any noise they would run me through the body. It was Gray I think who struck me; however they gave me a shilling. One had his hand in one pocket, and the other in the other; they bid me go, and make no noise, or they would kill me. I came to St. George's-Row. I informed a coachman who was there, how I had been used. The coachman told me that he would take me up upon his coach, and carry me to London. In coming along we met two soldiers; I told them I had been robbed and ill-used; but I did not speak good English, and therefore they did not much mind what I said. I desired the coachman to tell them which he did. The soldiers said they would go in search of the men if I would go along with them, upon which I got down. We met the men and took them. I said immediately upon seeing them, these are the men who robbed me. They were searched afterwards, but not till the next morning; at that time there was only half a crown that I saw taken from them. The half crown was no part of my money, for that was all in shillings and sixpences.

From Gray. Whether you did not say at the guard-house that you did not know us?

Rotherker. I was asked about it, and there was a mistake; they misunderstood me, for I never said I did not know them; but when they asked me about it I said, God forbid that I should take away a man's life for the world, if I did not know him; from thence I believe they understood that I said I did not know them. But I am positive I did know them. It was not above a quarter of an hour from the time I was robbed to the time I saw them in the guard-room. We met the guards as I was on the coach-box, in Oxford road. I went back with the guards, and they were taken at the turnpike and carried to the guard-house.

JOHN DENT sworn.

I belong to the second troop of horse-guards; we were patrolling about twelve o'clock or ten minutes after; we met the prosecutor between Portman-street and Orchard-street, he was on a coach box; he spoke first but we took no notice of him; then the coachman spoke and told us the prosecutor had been robbed somewhere about Bayswater, between that and the turnpike, and had been used ill. I took notice of the man at that time, the blood was running down the side of his face. He said, he had been robbed by two soldiers, and that they had cut him with their bayonets; upon which I told him if he would go back with us we would seek for the men who had robbed him. He went back with us as far as the turnpike. and within a few yards of the turnpike, I saw the two prisoners come from under the wall. I left the prosecutor at the gate. I told the prisoners I would cut them down if they made any resistance for I had been informed they had robbed a man; my comrade and I dismounted; one of the prisoners had a naked bayonet in his; the prosecutor immediately said, You be the men. Upon which the prisoners said, Would you take such a blackguard's word, we shall be punished for what he has said; and he said something about a hundred or two hundred lashes. I told them it was our duty, if we did not do it we should be liable to be tried by a court-martial; we took them immediately to the guard-house. I saw fresh blood upon both the prisoners; one of the men that was by tried it and found it was; it was on the coat, on the hand, and on the belt of the bayonet, both the men had bayonets drawn; but I took particular notice only of the man that I took; I am sure he had one drawn. They belong to the 18th regiment; and they were in camp at that time in Hyde-park. I felt down the prisoners a little when I first took them, but did not search them. They were searched the next day, but I believe no money was taken from them; one of them pulled out a half-crown, a shilling, and a sixpence; they had had frequent opportunities of going out and had gone out to the necessary, after they were in custody.

NATHANIEL LAYCOCK sworn.

I was with Dent; between Portman and Orchard-street a coach overtook us; the coachman said, that the prosecutor, who was on the box, had been robbed and ill used. We desired the prosecutor to turn back with us; he went with us all the way. We found the prisoners twenty or thirty yards beyond the turnpike. I heard the prisoner say, they hoped we would not take that rascal's word before their's; for they said, they should be whipped if we did. We said, it was our duty to take them; we took them to the Guardroom. The prosecutor said, He would swear to them. I did not stay long in the Guardroom; but I saw blood on them, it was on the hand and the cuff of the coat; I took particular notice of one of them; the money was taken out of their pockets the next morning, but I cannot say whether it was taken out by any body else, or whether they themselves delivered the money.

EDWARD BABINGTON sworn.

I was one who met the coach; the prosecutor and the coachman both told us that the man had been robbed and ill used. Hope and Dent were before; they had secured one of the men a little before I came up with them near the turnpike, and the prosecutor was with them; the prosecutor said, They were the men. They said, they hoped we would not take the word of such a blackguard and scoundrel as he was. I told them it was our duty to take them. They said, they should receive a hundred or two hundred lashes. I did not stay long; I had the care of the horses; I went away.

THOMAS HOPE sworn.

I am the comrade of Dent; we met the coach in Oxford-road, near North Audley-street. The coachman told us the man on the box had been robbed and ill used. We went after them and soon came up with them; we stopped them; I took care of one my comrade took care of the other; the prosecutor immediately said They are the men I will take my oath of it.

GRAY's DEFENCE.

I am as innocent of it as a child unborn. This lad and I, in jumping over the wall, came upon these gentlemen coming the rounds. I said here are some of our officers; as he jumped over the wall his bayonet fell out, which he had in his hand. These gentlemen swear that the bayonets were drawn; there was only that bayonet drawn, which fell out. They stopped us. We said, what was this for? This man came up and said, you be the two men. I said he must be a rascal to say we were the two men which robbed him, for we were just come over the wall. These two men said it was their duty to take us to the guardhouse. I said you know the case as well as I do, I have left the camp and was going over the wall after a woman, as many poor fellows do to be sure. They said it was their duty and they would take us; we went without any resistance; we have witnesses that we were in the camp when the clock struck twelve.

KELLY's DEFENCE.

On Friday morning we went in to exercise, about seven o'clock my nose bled; I was turned out of the ranks, I could exercise no more. The serjeant that turned me out of the ranks is here; it was the blood that dropped out of my nose that was on that belt; it dropped on my waistcoat and breeches.

To Dent. What time was this? - It might be about ten minutes past twelve o'clock, it was not more than a quarter after twelve at the time we took them.

For the prisoner.

Serjeant HYDE sworn.

The prisoners belonged to my company. I have known Gray three years. The other is but a recruit; he joined the company on the sixth of February last. They have borne a very good character for doing their duty as soldiers; I remember Kelly was turned out of the ranks last Friday by our adjutant and serjeant-major for his nose bleeding, that was at morning exercise, between six and seven o'clock; he was not able to stand on account of the bleeding of his nose, which stained his belt. They were absent at night when I called the roll, which was at half after nine o'clock.

TERANCE MACUSTA sworn.

Gray and I came into the regiment together, which will be four years ago the 8th of next month. He did his duty well in his regiment. The other prisoner joined us in winter quarters; he has behaved like any other soldier. I saw them between six and seven o'clock that night; I was at home again in my tent after the roll had been called over. I went into the rear of the Queen's Regiment, which is just by the rails which go to St. George's Row, that was about eleven o'clock. We stopt there along with a girl till I heard the clock strike twelve, then the sentry were called out to the relief. We were afraid of the piquet round coming upon us. I wanted to get home to my tent. They said they would get to town to a bawdy-house they knew, and wanted me to get over the wall with them. I said I would not. They went immediately to go over the wall; I came home to my tent, left the piquet-guard should take me up. I was there when the muster was called over, that was between nine and ten o'clock, I believe.

WILLIAM JOHNSTON sworn.

I belong to the same company; I have known Gray from a boy; I never knew any thing bad of him.

Did you know any thing of this Friday night? - Yes; I was at home in my tent when the rolls were called; they were then absent. We went out and met them a little after eleven o'clock, in the rear of the Queen's Regiment; that was after eleven o'clock; there we remained with them along with a girl till we heard the clock strike twelve, till the relief of the Queen's Regiment. I desired him to come to his own regiment for fear he should be taken up by the picket rounds, because if they find any man out of their own lines, they take them to the guard-house. In two minutes after we parted with them, and they went over the wall. The prisoner's nose bled upon his belt. I have a handkerchief but it has been washed since, which I kept upon his nose to stop the bleeding. He is very subject to bleed at the nose.

To Dent. When was you first told of this robbery? - Between ten minutes and a quarter after twelve. We stopped about two or three minutes at the gate, and then carried them along; we did not trot, we walked along; we might stop three or four minutes when we dismounted.

You said the blood was fresh upon them? - Yes. A man spunged it off. There was blood upon both of them, both on the waistcoat and coat, and the cuff of the coat.

To Haycock. What do you say to that? - I saw blood upon one; I was not in the room, but at the door, with the horse in my hand.

To Babington. What do you say to that? - I was never in the room; Hope said he saw blood upon them both. One man tried it with his thumb, and it appeared quite fresh. It is about two hundred yards from the Queen's Regiment, to the place where the information was given of the robbery having been committed.

Jury to Hyde. Do you know any other soldier besides the prisoners who did not answer at the call-over of the roll? - There was no other of our company absent. But whether the roll of any other company was called over or not I cannot tell

BOTH GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. Justice NARES.

324. BENJAMIN BOWSEY (a blackmoor ) was indicted for that he together with five hundred other persons and more, did, unlawfully, riotously, and tumultuously assemble on the 6th of June to the disturbance of the public peace and did begin to demolish and pull down the dwelling house of Richard Akerman , against the form of the statute, &c.

ROSE JENNINGS , Esq. sworn.

Had you any occasion to be in this part of the town, on the 6th of June in the evening? - I dined with my brother who lives opposite Mr. Akerman's house. They attacked Mr. Akerman's house precisely at seven o'clock; they were preceded by a man better dressed than the rest, who went up to Mr. Akerman's door; he rapped three times, and I believe pulled the bell as often. Mr. Akerman had barrocadoed his house. When the man found that no one came, he went down the steps, made his obeisance to the mob, and pointed to the door, and then retired.

Have you any recollection how that man who you say had a better appearance than the rest was dressed? - I think he had on a dark brown coat and a round ha, but I cannot be particular as to that; the mob immediately following in that formidable manner made such an impression upon me, that I did not take notice. The mob approached about thirty in number, three a-breast, some with paving mattocks, others with iron crows and chissels; and then followed an innumerable company with bludgeons; they seemed to be the spokes of coach-wheels; they divided, some went to Mr. Akerman's door with the mattocks, some to the felons door, and some to the debtor's door. I was struck with the formidable appearance and order in which they divided and proceeded to destroy the place, the men threw their sticks up at the windows, which they broke and demolished, yet notwith standing these sticks were coming down in showers, two men with a bar, such as brewers servants carry on their shoulders, attacked the parlour window to force it open. The window-shutters were exceedingly tough; they at last forced them partly open, but not quite. I then saw a man in a sailor's jacket helped up, he forced himself neck and heels into the window. They found the house-door still difficult to get open; before it was got open the other parlour window was opened and the mob were throwing the goods out at the window; at last the house-door gave way; about the same time some of the goods and furniture having been thrown out into the street, a fire was kindled.

They proceeded immediately to throw the goods out of the house? - Immediately. An equal degree of activity seemed to exhibit itself on the outside as within, one party to burn, the other to throw out the goods of Mr. Akerman. When the conflagration took place I applied my mind to the mob.

Was Mr. Akerman's house on fire then? - No. I was situated in the one-pair-of-stairs room, and could see what happened. I endeavoured to form a distinction between the active and inactive people. I thought I did so; the inactive people seemed to form a circle. I observed a person better dressed than the rest among those within the circle, who did not meddle, but seemed to be exciting and encouraging others. I saw several genteel looking men, and amongst them a black; there was one genteel man in particular, whose conduct I confess excited my indignation, and I took particular notice of him. I went down amongst the mob; I spoke to him; I made myself master of his voice; I believe if I was out of his sight I could swear to his voice; I have never seen that man since. When I first saw the black I turned to a lady and said, this is a motley crew, and of every colour. Mr. Akerman's house had then catched fire; the house in which I was was in extreme danger; my self with some others went down to desire the mob to prevent the houses of innocent people catching fire; and the mob were as active in saving those as in destroying Mr. Akerman's. I had no opportunity of making any remarks till I went to my station again, then I believe it was near nine o'clock; I heard a cry and a gingling of keys in the hands of some person; there were three or four genteel persons, but who had the keys I cannot say. Amongst them was the prisoner at the bar; he was without his hat, and his hands were down. I thought he might have his hat in his hand. The house I think was at that time destroyed; the roof was fallen in. Then those persons of the genteeler description moved off towards Smithfield, and amongst them was the prisoner.

You had observed the black in the mob before you went down? - I had.

Are you able to say who that black was? - No. Seeing this man afterwards I took it for granted it was him; I was certain to him the second time; he had his hat off in the middle of the mob.

Jury. You said his hands were down, did you see any thing in his hands? - No, I did not; I took it for granted he had his hat in his hand, not having it on his head.

Cross Examination.

There were I believe other blacks in the mob? - I never saw but one; I saw a black at first, but did not remark him so as to swear to him.

You could not swear to him I suppose from the difficulty every man has in his mind to swear to any black? - Yes.

There is more difficulty to swear to a black than to a white man? - No. The second time I made my remark too judiciously to err.

When was it you first saw the black? - After the goods were first set on fire, which was about a quarter after seven o'clock.

What dress had the black on? - Something of a dark colour, but my remark was on his face.

What w as remarkable in that man's face more than another black? - The make of his hair was one thing; the curls were out if he had had any; and his hair smooth on his head. His face was so exposed to my view the second time, that I could not be better situated to make any remark on his face.

His hair was the thing by which you knew him? - His hair and his face.

What was particular in his face? - I cannot distinguish it any other than from the weight of the impression it made on me.

Counsel for the Crown. Have you any doubt about him? - No.

ANN WOOD sworn.

I live at Mr. Jennings's, opposite Mr. Akerman's house.

Was you at home on the Tuesday evening when Mr. Akerman's house was attacked? - I was.

Did you in the course of that evening see the prisoner? - I did. It was a little after seven o'clock; I saw him in Mr. Akerman's two-pair-of-stairs room, he stood against the window with something in his hand and looked at me for some time before I observed particularly what he was doing. I looked at him then, and he took up something off the ground and held it up to me; when he held it up, I went down from the window into the dining-room; I came up again, and he was there still. He seemed to be looking in a drawer upon the floor, and seemed to be doing some thing up into a bundle.

You was in the two-pair-of-stairs room opposite him? - No, I was in the three-pair-of-stairs room.

Did you afterwards see him do any thing else? - He got up and looked at me and nodded his head at me; then I went down stairs.

You saw him again in the course of the evening? - Yes, I saw him an hour or two afterwards in the mob.

From the observation you made of his person are you sure that is the man? - That is the man.

Have you any doubt about it? - No, none at all.

Cross Examination.

What makes you so positive that this is the man? - I know his face perfectly again by his standing and looking at me so long.

You recollect him only by his face? - His face and his hair.

Did you see any other black there? - Yes, I did; not in the house but in the mob.

Could you swear to him? - I do not know that I could. I took more notice of this man than I did of any other.

Court. What were the other people doing when the prisoner was in the two-pair-of-stairs room? - Some of the mob were pulling the house down, and some were running in with the fire to set the parlour on fire.

Jury. How many times did you see this prisoner? - Two or three times.

Had he his hat on when you saw him? - Yes.

ANN LESSAR sworn.

Do you know the prisoner? - Yes.

Where do you live? - I lodge in the same lodging, in which the prisoner lodged; I took the lodging of him and the landlady.

Do you remember his coming to you and bringing you any stockings? - He gave me three pair of stockings to mark.

What mark did he bid you put upon them? - Any kind of mark to distinguish them at the washerwoman's. I put BB, the initials of his name upon them.

Had he left a trunk in the room? - Yes, the trunk was found there by the constable when he came; it was locked, he had the key of it.

Who had the key of the room? - I had; nobody could get at the box without my knowledge.

PERCIVAL PHILLIPS sworn.

I am a constable. I searched the lodging of the prisoner last Tuesday-week.

Did you find a trunk there? - I did.

Did you find any thing in that trunk? - Yes; these stockings, this pocket book, and a handkerchief. (producing them.)

Any thing else? - This key (producing it) was upon the shelf in the lodging.

Mr. RICHARD AKERMAN sworn.

This pocket-book, I believe, has been in my possession thirty years; it was, I believe, in one of the drawers belonging to my wife; here are several of my banker's cheques which had my name to them.

Look at the stockings? - Here is a very remarkable pair which I had made for me, and the maker wove the initials of my name in them in open work; the prisoner has put the initials of his name (B B) over it; they were in the drawers in a one-pair of stairs room. Here are several others that were marked by my sister, they are mine; I believe the handkerchiefs to be mine, but there are no particular marks on them; there are a pair of stockings that were taken off the prisoner's legs, which has the name cut out.

To Phillips. Did you take them off the prisoner's legs? - I did.

To Mr. Akerman. Is the place that is cut out the place where the name was wove? - Yes. This is a remarkable key; it is a key of the Park, it has a crown and my name at length upon it.

To Lessar. Do you know any thing of the key that was found in the lodging? - No, it was on the shelf when he had the lodging?

Was it there when he left the lodging? - I believe it was there; I saw it once or twice; I never knew the meaning of the key.

Prisoner. My Lord, please to ask that woman if she did not wash the handkerchief the things were tied up in? - I washed a blue-and-white silk handkerchief, I cannot swear it was this, it was all over mud. I washed it on the Thursday, the first week that I was in the house.

Was that after the burning of Newgate? - Yes. I was not in town till it was burnt.

Prisoner. I leave my defence to my counsel and my witnesses.

For the prisoner.

Dr. SANDIMAN sworn.

Do you know the prisoner? - Yes, I knew him five years ago, he lived with a relation of mine; he bore an exceeding good character; he used to come backwards and forwards to my house.

ROBERT GATES sworn.

I am footman to Mr. Goodhousen in Golden Square.

Do you know the prisoner? - I do; I have known him perfectly well from the second day after he came to England, which is six years ago; he lived with a person I knew in America, that person gave him an excellent character, and he has always borne a good character since I knew him.

GRACE ROBERTS sworn.

The prisoner lay at our house the night that the prison was burnt.

What time did you see him that night? - I am not positive to the hour he came in, it was from nine to eleven o'clock.

What time did he come home? - I am not positive to the hour, it was a little after nine.

Are you positive of that? - Yes.

Where do you live? - At No. 3, in Berner's-street.

He came home a little after nine? - Yes, I am certain of it; he continued there all that night till six in the morning, and was never out of the house.

What day was that? - The 6th of June.

What day of the week? - I am not certain.

Are you sure it was the night the prison was burnt? - I am.

What prison? - I am not certain what prison, I heard it mentioned in the family that the prison was burnt down.

Cross Examination.

Who bid you to remember the 6th of June? - I remember it by the people being taken up.

When did you talk of its being the 6th of June? - I know he lay at our house on the 6th of June.

Did you take notice of any other night when he lay there? - No.

Did not he lie there on the 7th and 8th of June? - No, only that night.

You are an acquaintance of his? - Yes.

Is he a married man? - I cannot say.

Did he bring any body with him? - No.

Did he lie by himself? - Yes, I gave him a candle to light him to bed.

Did you know he was to lie there that night? - Yes, he told my fellow servant so.

You are a servant, are you? - Yes.

Did your master know that this man was to lie in the house? - I cannot tell.

Do you let such persons lie in the house without your master's knowledge? - He was an old servant, he lay in the servants hall.

Other servants lie there? - Yes, there was a black lay there.

JOHN NORTHINGTON (a Black) sworn.

I am servant to Mr. Wood.

Did the prisoner lie at your house? - Yes, on the night that Holbourn was on fire.

When the house of Mr. Langdale was on fire? - Yes, the man that lives in Holbourn.

Counsel for the Crown. That was on Wednesday night, the 7th?

To Roberts. Where did the prisoner use to sleep at other times? - In the same bed.

That was when he was a servant there? - Yes.

When he was not a servant there where did he sleep? - He never lay at our house when he was not a servant but that night; I cannot be positive to the night nor the day of the week; I say nothing but the truth.

Prisoner to Ann Wood . What dress had I on that night? - A light brownish coat, a round hat, and a red waistcoat.

GUILTY ( Death .)

Tried by the Second London Jury before Mr. Justice NARES.

325. THOMAS HAYCOCK was indicted for that he, together with five hundred other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 6th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Richard Akerman , against the form of the statute, &c.

JOHN LAMBERT sworn.

Before I proceed to give evidence against the prisoner, I beg the court will indulge me with some observations on my conduct. It has been suggested by the prisoner's friends that I have prosecuted this man for the reward; and that notion has so prevailed that I have been insulted from day to day. I steer clear of that matter; I disclaim the reward. I hope the court know me so well that they know I do not want it.

What business are you? - A tallow-chandler, in Jermyn-street, St. James's.

Inform the jury at what time on Tuesday evening, the 6th of June, you saw the prisoner? - On Tuesday evening, the 6th of June, I was at the Bell, in St. James's-market, which is a house the neighbours generally use, at about ten o'clock in the evenning drinking a glass of wine, after my business was over. I was sitting in the tap-room, the prisoner came in and sat himself down by me.

Were any persons in company with you? - Yes; Mr. Pudfont, a corn-chandler, Mr. Watson, and Mr. O'Brien, were in company with me.

Did you know the prisoner before? - Yes. A number of years; he was then a waiter at the St. Alban's-tavern. I should apprehend he knew Mr. Pudfont exceeding well.

You say he knew you exceeding well? - Yes; and I knew him exceeding well.

Go on and repeat the words he made use of? - I will not say any thing else; I am as sorry for this affair as any of his friends can be. He sat down by me and told me with an oath what he had been doing.

You are now speaking your inference and not his words, speak in the very words he used, as nearly as you can recollect? - He said, D - n my blood I have done the business! I asked him what business he had been doing. He said, He had pulled down Akerman's house and let out all the prisoners. I told him I was exceeding sorry for it, and wished he had been otherwise employed; and added that I thought he had had a very disagreeable hard job of it. I asked him which way he accomplished it. He told me that in order to get into Mr. Akerman's house they put a tall man upon the shoulders of another man that stood by; that by that means, butting with his head and shoulders, he got admission; and he would not have had such knocks upon his head and shoulders for a great deal of money. He said he was the first man who entered Newgate, and after demanding the keys they gave Mr. Akerman five minutes time to consider of it. But I do not know whether he said he did give them the keys or not; I believe he did not say so. But he said, with the sheets and furniture of Mr. Akerman they set fire to the door, with a beaureau he particularly mentioned they set fire to the door. He said then, that My lord Mayor had sent about fifty constables, he believed, with long slaves; that one man was obstinate and would not give up his staff, upon which his companion cut him across the face with his cutlass. I told him I was exceedingly sorry for what he had done; and admonished him on the impropriety of his conduct. He then related to me His heading the mob from the Parliament house to Justice Hyde's-house. That after leaving a party to complete the business at Justice Hyde's, be marched them to the end of Drury-lane; and in his way be collected weapons from different shops, such as Coach-makers, and, I think he said, Braziers. That at the end of Drury-lane be separated them into three divisions; one went to Bloomsbury-square, another to Newgate, but I will not be certain where he mentioned that the other party went to. I asked him what could induce him to do all this? He said the cause. I said, do you mean a religious cause? He said no; for he was of no religion. He said, there should not be a prison standing on the morrow in London. He said, the Bishop of London's house as well as the Duke of Norfolk's house should come down that night. I said, I was sorry he should offend the Duke of Norfolk, an old gentleman like him who I dare say had given him many a guinea for waiting on him. He said, perhaps you will inform against me Mr. Lambert.

Calling you by your name? - Yes, I think he called me by my name; then I said I did not know that I should, but I was very likely to do it. He said, he did not regard that for he was well supported; he mentioned the names of six or seven noblemen, and members of parliament, one of which I know is false and hope all the rest is.

How long did he continue there after this? - He asked me to give him a glass of wine. I would not. I bid him go home to bed and think better of it; and I believe he went away directly.

Did he appear, at the time of this conversation, to be sober or in liquor? - I do not think he was very sober.

How long was it before you made any mention of this to any one? - I mentioned it next day or the day after to Mr. Smith who sits there. I mentioned it to Mr. Booker, Lord Gower's gentleman, the next morning; when the prisoner found I had mentioned it he fled.

Cross Examination.

How long was he in this alehouse? - Perhaps half an hour.

Not longer? - He had only a tumbler of wine and water.

So the company were entertained with the story? - He directed his discourse principally to me.

To you, his best friend; then you and he were very intimate I suppose? - I have known him a great while.

He came and told you all this rigmarole story at that place? - He did.

You found part of what he told you to be false? - I said I wished it might appear to this court that the men were innocent; the nobleman was Lord Ongley.

Then you enquired of Lord Ongley? - No I did not.

Then how did you know whether it was true or false, one of the noblemen you did enquire of? - I did not enquire of any one.

Who did you enquire of? - I was examined before the privy council, from what I said, Lord Hillsborough told me he was sure that Lord Ongley would not be employed in any such thing, for he was a different man.

I will take it any way you will; then you know that is one lie he told you? - I wish it may all turn out to be lies.

Part of it then we understand to be false? - That part, as I understand, was.

You say he was a little in liquor? - I think he was.

You have known him a good while? - Yes.

I believe you have known him long enough to know that when he is in liquor he is a strange prating gentleman? - I think he is a very stupid fellow altogether, or he would not have told me what he did.

And when he is drunk he is wiser than when he is sober is he? - I never kept him company when he was drunk.

Did you never hear him talk rhodomantade stuff when he was drunk? - What sort of stuff.

Any sort of rhodomantade lies if you please; when he is drunk you know he is next to a madman? - I have heard them say he has been insane.

Do not you know that when he is drunk he is little better than a madman? - I do not keep him company when he is drunk.

Have not you seen him drunk? - Very frequently, very often.

You gave him a little admonition, it would have been kind to have given that before he had gone these lengths? - I did that night intend to have him taken into custody but I was fearful there was nobody ready to assist then; the next day the military came.

Do not you know that he went home singly to the St. Alban's-tavern? - No.

Did not you go immediately after he left the place in pursuit of him? - I was afraid that my house would be served as Mr. Rainforth's had been if I had meddled with any of those kind of people.

Did you caution him while you was talking with him;

"take care, you are confessing you have been guilty of a felony?" - No.

Nor any body there? - Not that I know of.

And nobody attempted to seise him at that moment? - No.

You let him tell a story of the most horrid scene that ever was, of the destruction of Newgate, and then let him go away very quietly? - I gave the reason for that before.

Did not you know that what he said he had been doing was a felony? - Yes, but I did not think much about it.

Did you really believe him to be telling the truth? - I did not think much about it then.

It was generally, I have destroyed Newgate, I have done this, and I have done the other? - I said, I and We.

Did you then believe that this man meant to destroy the Duke of Norfolk's house at that time, and tell you and all that company of it? - I had some reason to imagine he would from what he said, because other people's houses were burned down after they had said so.

If this man had such an intention, and had communicated it to you in that way, could not you and the company have prevented his going? - I do not know that the company or I had any business at all with it, I was fearful, or I would have charged the watch with him.

Whether you did not understand that this man was telling a very strange unaccountable tale? - It was a strange tale, if it was true; I had only his own word for it.

Did it not appear to you to be much more like the effects of liquor and the rhodomontade of a drunken silly fellow? - I have already said I thought him not to be sober.

I believe you have frequently made your declaration about what your wishes are upon this occasion, did you make any declaration of vindictive violence against him? - I have said I wished he might get quit of this, and I believe I said so to him when he was before the magistrate.

Did you never declare to any one that you did not think this man's life would suffice for the crime he had been guilty of, but wished it could reach his soul as well as his body? - I said whoever was aiding, abetting , or concerned in committing the violences they had done, I thought their lives were not an atonement to the publick, nor were they worth taking away, nor preserving.

Did not you say you wished to follow his soul to hell? - I have been set upon, I have been beat and lamed, and had soldiers in my house; and I am sure I have said nothing that could hurt the man, why should the people now use me in that manner!

Are they your neighbours that use you thus? - I cannot tell.

Who was by at the time? - I do not wish to tell. When I was in company that night I believe I did swear an oath, but it was not to that man.

Why are you persecuted? - It is supposed I have taken a very active part in it, and that it did not concern me; they said I was only a busy foolish fellow.

They told you so? - Yes, some of the waiters said so.

Let us know who the people are that persecute you, are they your neighbours who live near you? - No, there was one man in particular came to my house.

Do you know his name? - No.

Did you ever hold any conversation respecting this matter with a Mr. Charles Stewart ? - I know him exceeding well, I have had conversation with him upon it.

Do you recollect what you have said to him about this matter? - Nothing that could affect this man; I always wished they would turn their attention to something else, I did not like it to be mentioned.

THOMAS WATSON sworn.

What are you? - A Coach-wheel-wright.

Was you at the Bell in St. James's Street on Tuesday the 6th of June last? - I was.

At what time? - I was there for better than two hours in the evening.

What company was there? - Mr. Lambert, Mr. O'Brien, one Mr. Pudfont and I.

Did you see the prisoner there? - I did.

Give a particular account of what you heard the prisoner say, and as near as you can give it in the prisoner's own words? - When he first came in he swore an oath, and said, We have been and done the business we intended to do. I asked him what business they had done? He said, We have burned Mr. Akerman's goods, and let all the prisoners out of Newgate. I said he had better not say any thing more about it, if he had been concerned in such a thing. He said they were first at Westminster, that he headed a party up to Justice Hyde's house, that then he headed a party which went up Long-Acre, that they stopped there and in Holbourn to get such things as they wanted, such as crows, hammers and chissels; that then they went to Newgate. He said they gave Mr. Akerman six or seven minutes to consider whether he would let them have the prisoners out. He said Mr. Akerman would not deliver the prisoners; that then they set to work and got into the house in about fifteen minutes.

Is that all the conversation you remember? - That is all I can recollect; there might be more, which I have forgot.

Did you know the prisoner before? - Yes, I have seen him many times.

Did he appear to you to be sober or drunk at that time. - He appeared to me to be rather in liquor, his hands were very dirty, and he seemed to have a scratch upon the back of one of them.

Cross Examination.

How long was he at this alehouse? - It might be half an hour, or perhaps not so much.

Was all that you have been mentioning addressed to you? - To the company; there were four of us.

We have had a great deal more from another gentleman, I wish you could recollect it; your memory is not very good, is it? - No.

You say he was much in liquor? - Rather in liquor.

What do you mean by that? - He seemed to be rather in liquor; he appeared to have drank a little, but not so as to be drunk.

FRANCIS O'BRIEN sworn.

Were you one of the company at this alehouse in St. James's Market, on Tuesday evening? - I was.

Do you remember what time it was the prisoner came in? - About half after eleven I believe, it was somewhere thereabouts.

Who were your company when he came in? - Mr. Lambert the tallow-chandler, Mr. Watson, Mr. Pudfont, a corn-chandler, and I believe one more, but I am not certain.

Repeat as nearly as you can what you recollect of the conversation of the prisoner when he came in? He came in with his knuckles bloody; he said, D - n my eyes, Jack, we have done for 'em now! Done for who? said Mr. Lambert. Why (says he) we have set Newgate on fire, and let the prisoners out. Then he began to tell a story, How he headed the people from Leicester-fields; that he went into some shops in Long-acre; that there they got spokes of wheels, crows, pickaxes, and iron bars, and then went to Newgate.

You do not recollect exactly the words he made use of? - It was to that purpose. From thence (he said) they proceeded to Newgate, and gave them five minutes LAW. That was his expression, that they demanded the prisoners, but Mr. Akerman would not give them up. That there was a short man there with broad shoulders; a tall man got upon his shoulders and butted his head against the windows, and in four or five times he shoved the window in, and so got in; then (he said) we set fire to the doors of Newgate. I think he said they set them on fire with some sheets and some combustibles. When we had done, I despatched a body down to Bloomsbury-square; when they have done there they are to go to the Bishop of London's house, and some to the Duke of Norfolk's.

They both live in St. James's-Square I think? - Yes; Mr. Lambert said -

"Tom, what harm has the poor old fellow done, you have had many a guinea of his money. Is that religion." - The prisoner replied, D - n my eyes I have no religion, but I love to keep it up for the good of the cause, and by to-morrow night you shall not have a prison left in London. Mr. Lambert advised him to go home. Said he,

"Tom, you have no property to lose, when you have lost that coat on your back you have lost all you are worth." The prisoner said, No matter for that, we are well supported; we have six members of parliament. There was very little else passed, without it was his asking for a glass of wine, and asking Mr. Lambert whether he would inform against him. The prisoner asked him to give him a glass of wine. Mr. Lambert said,

"he would not, and bid him go home and go to bed."

Cross Examination.

He asked him whether he would inform against him? - He answered, I do not know whether I may not.

When he came in he said we have done it? - He said we have done the business; we have set fire to Newgate.

CHARLES SAUNDERS sworn.

You are, I believe, cook at the St. Alban's tavern? - I am.

The prisoner was a waiter there? - Yes.

Was you at Newgate any time during the attack upon Mr. Akerman's house? - Yes.

Did you see him there? - No; I saw him the former part of the evening coming down Holbourn, a little below Holbourn Bars. I was walking promiscuously.

Was he with any body? - Yes; he was with Monckford.

Which way were they walking? - Down Holbourn.

Towards Newgate? - They were walking that way.

Did you see him at Newgate? - I did not.

To Jennings. Describe how the first man got into the house? - He was lifted up and pushed in.

How? - By two men; he appeared to me to be lifted up and pushed in.

Prisoner. I leave my defence to my counsel.

For the prisoner.

- WOOD sworn.

I believe you saw the prisoner on the evening Newgate was destroyed? - Yes, I did; he came into my house about half past eleven o'clock.

Was he drunk or sober? - He was very much in liquor. I was condemning him very much for being in liquor, and advised him to go home to bed. I keep a coffee-house under the hotel, Covent-Garden. He went and lay at a house in our neighbourhood.

Have you known him long? - I have known him from a child.

Has he in any part of his life shown marks of insanity? - He is a madman; he was confined some months; he fell into the fire and burned himself during the time of his madness.

That accident was not the effect of liquor but madness? - Madness. I visited him several days.

He was confined was he not? - Yes; and there was a strait waiscoat in the room.

I am informed when he is drunk he is as bad; is it so? - Yes.

In his sober senses how is he? - A young man who bears the best of characters.

When he gets a little in liquor is he apt to rhodomontade, and tell a number of stories? - Very much so.

Cross Examination.

How long has he been discharged? - About two months.

Where has he been since? - I do not know that; he has been a waiter. I think they gave him the run of the house.

To Sanders. When you saw him about Holbourn-Bars was he drunk or sober? - I cannot say. I believe he was rather in liquor but I am not positive.

- LAW sworn.

I believe you saw this young man on the night Newgate was burnt? - Within a few minutes of eleven o'clock, for it could not be past eleven o'clock, he came to my house; he seemed a good deal disguised with liquor. I have known him four or five years.

Exclusive of liquor is he a man of good character? - Yes.

Do you know that he has been afflicted with insanity? - I have heard that he has been out of his mind, and had a strait waistcoat on. I do not know it of my own knowledge.

THOMAS CREASER sworn.

I have known the prisoner ever since he was a child.

Do you know whether he has or not at any part of his life been afflicted with insanity? - He most certainly has, and that so late as February last. I attended him frequently to see that proper care was taken of him.

He was confined? - Yes; and there was a straight waistcoat in the room, partly by my order; he was much afflicted with insanity; he fell into the fire and burnt himself very much.

Is he apt to be afflicted with it when he is in liquor? - Yes; I advised him not to get in liquor; when he is in liquor he is like a madman. When I heard the strange story Mr. Lambert has told; and the stranger confession he made, which was the first circumstance I heard of the prisoner having been in the riot, it alarmed me; but knowing that when he was in liquor he would tell strange stories I advised him to surrender himself, as I did not believe he was guilty of one little of it. I took him to Lord Hillsborough's. From what he confessed to me, I was not backward to act the part I did in advising him to surrender, and he voluntarily surrendered himself.

Were there any promises from the Secretary of State if you did surrender him? - They apprehended that from h is connections they might, through him, get at some persons more guilty than he was, and advised me to surrender him, and that he would fare the better for it. I do not know that they used these words, but I understood it so.

Are you related to him? - By marriage; I married his mother's half-sister.

What character does he bear? - The most inoffensive young man upon earth; he is no one's enemy but his own when he is in liquor. After I had partly promised to surrender him some officious friends advised him to go out of the way, notwithstanding which I waited on his lordship, at the time I had appointed, with a friend, Mr. Wood, and acquainted his lordship with it.

Counsel. That is not material.

Mr. DIGGAN sworn.

You attended the prisoner some time ago? - I did.

What complaint did he labour under? - Insanity; he was quite mad.

How long ago? - Last January.

How long did he continue in that state? - I attended him about a month.

Do you apprehend, from the nature of the case, that upon his drinking too much liquor the disorder might return upon him? - I apprehend that it might be the case.

- COX sworn.

I live in the house in which the prisoner was confined in January last.

For what complaint? - Madness. I have known him a year and an half; he is a very civil, peaceable kind of man as ever lived, when he is sober.

How is he when he is drunk? - Very troublesome.

In what way? - In saying things there is no foundation for.

CALEB SMITH sworn.

I have known the prisoner seven years.

What is his character when in his sober senses? - A very good young man; but lately he has taken to drinking, and left his service on being out of his mind.

When? - About January.

PHILIP TOWNSEND sworn.

I have known the prisoner six or seven years; he is a very respectable character, but within this last six months he has drank very much, and gone under the appellation of Mad Tom.

When he is drunk he appears very much like a madman? - Yes.

- KALENDAR sworn.

I have known the prisoner ten years. I have seen him drunk very often.

How is he when drunk as to talking? - He runs on in a very strange manner.

When sober what character does he bear?

The character of a very honest young man.

JOHN CHILD sworn.

I have known the prisoner about eight or ten years.

What character has he borne when he is sober? An honest peaceable young man; he has some fits of insanity about him when he is in liquor.

GUILTY ( Death .

Tried by the First London Jury before Mr. Justice NARES.

326 WILLIAM BROWN was indicted for that he, in and upon Carter Daking , feloniously did make an assault in the dwelling-house of the said Carter, putting him in bodily fear and danger of his life, and stealing from his person one shilling in monies, numbered, the property of the said Carter , June 8th .

CARTER DAKING sworn.

I saw the man through the window, I cannot swear to his person positively.

Where do you live? - In Bishopsgate-street ; I am a cheesemonger ; two men came into my warehouse at about two o'clock on Thursday the 8th of June. I went to the window, which looks from the compting-house into the warehouse. I asked the occasion of their coming there. The prisoner had his hat in his hand, he said, Damn your eyes and limbs put a shilling into my hat, or by God I have a party that can destroy your house presently I put a shilling into his hat and they both went away.

What induced you to give him this money? - I was afraid of the consequence.

And under that fear you gave him the money? - Yes. I had the day before seen houses destroyed, and there were no military at that time at hand, and I was afraid of any thing happening to me.

Did you observe whether the prisoner had any thing in his hand? - He had a naked knife in his hand.

A large knife? - Not a large knife.

How did the other behave? - He did not say any thing.

Are you or not certain that the prisoner is the same man? - I am almost positive he is.

Have you any doubt of it? - I have not the least doubt in the world of it.

THOMAS BALDWIN sworn.

I am servant to Mr. Daking.

Do you remember seeing the prisoner in company with any other man at any time come into Mr. Daking's warehouse or compting-house? - Yes, at about two o'clock on Thursday the 8th of June; he was in company with a slender young man taller than himself; the prisoner had a clasp knife in his hand; he went back to the compting-house; my master arose from the desk and came towards the window and said, what do you want? The prisoner said, a shilling into my hat directly. My master hesitated some time and said, what is the shilling for? He said for his men and his soldiers if he would keep the blood within his mouth, that if he did not give a shilling immediately he would bring his men and take Mr. Daking's house down. My master gave a shilling; he held his hat and received it in his hat; he then crossed over the way to the oil-shop. I followed him there; he repeated the same words there to the gentlewoman.

No matter what he did there was he secured instantly? - Not in my presence; he was taken about ten minutes after.

Are you positive the prisoner is the man? - I am.

To Daking. Is your warehouse a part of your dwellinghouse? - My dwelling-house is in Broad-street, at a distance from the warehouse.

This is inhabited by your partner and your servants? - It is a part of the dwelling-house and is inhabited by my partner.

Court. He came, if I understand you, into your warehouse first? - Yes.

And that leads to the window of your compting-house? - it does; I threw up the window and gave him a shilling.

PRISONER's DEFENCE.

I will call a man in who will prove I was so much in liquor that I did not know what I was about; I do not believe I robbed any body.

For the Prisoner.

THOMAS SMITH sworn.

I have known the prisoner ever since he went out in the Serapis; it is not above four months since he came home. I know all his family better than I know him; he was out in the battle with Paul Jones ; I never saw any thing amiss of him. I believe he was fuddled when he went out among the rest of the mob; he was in my house that day.

What is your business? - I am a victualler.

Jury. You say he has been home four months? - Yes, I believe thereabouts.

Has he had any visible means of living since? - He was shipped on board another ship as I understand, and came up to receive three guineas bounty money; he received these three guineas that day or the day before I believe.

Had he no visible way of getting his lively-hood from the time he came home till then? - No; he lived with his brother, in Wheeler-street.

Counsel for the crown. What day did you see him? - I saw him the day he was taken up; I believe it was Wednesday or Thursday.

What time of the day was it when you saw him? - He was at my house about eleven or twelve o'clock; I did not see him after on that day.

Prisoner. I was wounded in the engagement with Paul Jones , and I loose my senses when I have drank a little. I have done a great deal of good to the nation, mylord, and I hope you will save my life and let me serve his majesty again.

GUILTY ( Death .)

Tried by the First London Jury before Mr. Justice NARES.

327, 328. AMELIA HALL and JEMIMA STAFFORD were indicted for stealing a feather bed, value 3 l. four china bowles, value 20 s. four china basons, value 10 s. four other pieces of china, value 10 s. two other feather beds, value 3 l. a blanket, value, 10 s. a bolster, value 5 s. a pillow, value 2 s. part of a bedstead, value 10 s. and four yards of linen, value 2 s. the property of Christopher Connor , in the dwelling-house of the said Christopher , June 8th .

CHRISTOPHER CONNOR sworn.

I keep the Red Lion, a public-house, in Black Lion-yard ; my house was attacked on the 7th of June by the mob; the prisoners lived in my neighbourhood, and did formerly use my house. I received a blow on my arm, upon which I got out backwards over the pales into a neighbour's house. I went to seek after my wife; I saw Stafford bring a bed out upon her back; she carried it and put it in the fire; she returned back and staid about two or three minutes in the house, she then came out with another bed on her back and put it on the fire. I did not see her afterwards; she continued in the house.

Did you see Hall? - Yes; I saw her come out a little after with a bed, afterwards she passed me with a lap full of something, I cannot say what, but I saw her come out of the house with it. I stood very close.

You lost some china out of your house? - Yes, and other things.

ELISABETH POTTER sworn.

I am servant to Mr. Connor.

Do you remember, the night Connor's house was destroyed, seeing the prisoners take any thing out of the house? - I saw Mrs. Stafford come out with a bed on her back, she carried it and put it on the fire; she then stood by the fire and huzza'd with the rest of the mob. The next morning I went up into Stafford's apartment, she was lying on the bed; I found there this bolster, pillow, and blanket, and these yellow harrateen hangings (producing them.)

Were those your master's property? - - Yes; we were ironing on the blanket the day before. I saw Hall in my master's house several times; I saw her come out with something in her apron, I could not see what it was; she went through the crowd with it. I saw her in the parlour afterwards, I asked her if she was not ashamed to see my master's things destroyed so? She made answer She had as much business there as any other.

ANN CONNOR sworn.

The night your husband's house was attacked did you see Hall there? - Yes, I saw her go into the house several different times; the first time she came out at all was before the things were all destroyed; she came out with an apron full of china, I saw that they were china bowls; she returned several times; then she brought a bed out and carried it towards the fire; I did not follow her to the fire because of the mob, I was afraid they would put me in; when the things were put on the fire she huzza'd and seemed pleased.

What is the value of the bowls? - Half a guinea at the least.

HALL's DEFENCE.

I sent for my witnesses they have been attending four days, I do not know whether they are here. I was putting my children to bed when I heard of the fire. I was never out of my own door; it is a false thing they have sworn against me; I never saw the fire nor never was at it.

STAFFORD's DEFENCE.

I never was near the place, I had been a hay making; when I came home I went and had a drop of beer; there was such a to do in the yard I was frightened; when I went home I was locked out of my lodging. Connor has a spite against me I do not know for what; being locked out I went to Hall's room where the things were found; I know nothing of it.

BOTH GUILTY of stealing to the value of 39 s.

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

[Imprisonment. See summary.]

329. GEORGE STAPLES was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of James Malo , against the form of the statute, &c.

JOHN WILLIAMS sworn.

I am a porter and watchman.

Do you know Mr. Malo's house? - Yes, it is on the pavement, the upper part of Moorfields . On the 7th of June I heard Mr. Malo's house was demolishing; I came by with another person whose name is Fitchet, between two and three o'clock in the afternoon; the window frames were then out; the prisoner was throwing the furniture out. Fitchet asked me if I knew the prisoner? I said yes, he was a man who carried muffins about the streets.

Was there a great mob there? - Yes; but I saw no-body in that room but the prisoner.

Did you know the prisoner before? - Yes, very well; he was throwing the furniture out; that which would not come out whole he broke; when I had stood about a minute I saw him bring a bottle to the window; he drew the cork with his teeth and drank a part or the whole of what was in it, and cried out to the mob huzza! then he threw the bottle out and went back to his work to throwing out the furniture; when he had thrown all out, he began to pull down the wainscoting and throw that out likewise.

Did you see him pull any wainscoting down? - I saw him pull it down on the left hand side of the room, after he had thrown some out he brought another bottle to the window, he drew the cork and drank part and then threw the rest out. I stood there in the whole about twenty minutes, after he had thrown the second bottle out he went to work again, and I went away.

During the time you was there did the prisoner appear to be active? - No man, if he had been paid ever so much for his labour, could work so hard as he did.

Prisoner. Whether it was for justice or for the sake of the reward that that man apprehended me?

Fitchet. I saw him there on the 7th, I never saw him again till last Saturday week in the morning, then I was called off my stand, being a watchman, to take him. I never went a yard to look after him.

Did you or not go to a magistrate to inform against him? - No.

Prisoner. I beg your lordship would inspect into this man's character; he bears a very bad character indeed.

How came you to take up the prisoner? - I was called by Fitchet the watchman to take him.

Prisoner. He has brought two men to swear against me for the sake of the reward. When they came before the magistrate they could not swear to me.

JOHN FITCHET sworn.

Are you the person who gave the first information against the prisoner? - No, Williams did.

Who took him then? - Williams.

To whom did Williams give the information? - He took him and carried him to the watch-house.

Who gave the first information against the prisoner upon which he was taken up? - I did.

Where do you live? - In Pump-court, Moor-lane. I am a carver and gilder.

Do you know Mr. Malo's house? - I do, I was there at the time the mob were burning and destroying the house.

What time was you there? - About half after one o'clock, or between one and three in the afternoon. Williams and I were walking together up Moorfields; when we came to Mr. Malo's house, I said to Williams, Do you know that man in the one-pair-of stairs room? He answered yes. Says I he is the man who cries muffins, and uses the Hoy in Red-Cross street. After that I saw the prisoner throwing some furniture out of the room into the street. He took a bottle up and drank out of it, and then threw the bottle into the street.

Did you see any thing else? - He pulled off his wig, a two curled wig, and cried, huzza! Then he began pulling down the wainscoting and drank out of a bottle once more, but whether he threw the bottle out I cannot tell.

Which window did you see him at? - The window next Bethlam.

Are you sure the prisoner is the man? - I am sure he is, I knew him before.

How many people were gathered there? - An hundred or more, I do not know how many.

You are sure you singled out this man? - Yes.

At that time were there any other people in the house? - There were three charity boys, in the next room; I saw only the prisoner in that room.

Were there a great number in the street? - Yes.

What were they doing? - The prisoner was throwing the things out at the window, and they were burning them.

Where was you standing? - In Moorfields, in the pathway of the upper quarter. The fire had been lighted some time before we came.

Prisoner. Why did not you bring up Joe Hill before the alderman?

Fitchet. He heard the words which I mentioned to the prisoner, but he having but one eye, which was dim; he could not swear to the parties.

THOMAS DYER sworn.

I am about sixteen years old; I live with Mr. Malo, who did live in Moorfields.

Was you at Mr. Malo's house when the riot happened? - I was not there till about half an hour after it was done.

What time was that? - Near one o'clock, There were a good many people in the house; I stood upon the engine close to the house to see what was going on. There was a closet, I saw a man knocking down part of the window, and another knocking down part of the wainscoting; there was another person pulling off the tiles of the house, and one with a black cloak on a stick; he threw it down. I was so frightened that I cannot swear to any of them.

Were there any at the window which looks into Moorfields? - Yes.

Did you see any body throw out a bottle? - No.

What time was you there? - Near half an hour; I went away about half after one.

To Williams. What time did the prisoner throw out the bottle? - Between two and three o'clock.

What time did the riot begin? - I cannot tell; I came near a mile after I heard of it.

To Fitchet. What time did you see the Prisoner throw the bottle out? - Between two and three o'clock. The riot was begun before I got there. Lord George Gordon came there in a coach just before us.

To Dyer. Did you see Lord George Gordon there? - No.

HENRY FRANK sworn.

Do you know Mr. Malo's house? - Yes.

Do you know the state it was in on the 7th of June? - Yes, it was in very good condition.

In what condition was it when the rioters left it? - I think it was irrepairable; the wainscot was all entirely demolished, there was not a bit left. I think it is impossible to repair it.

PRISONER's DEFENCE.

I was at home and kept constant at work. The witnesses say this happened on the 7th of June. They took me up on the 19th; I have been a work ever since Christmas in my own apartment; I have people here of credit and character to prove that at that time I was at work.

For the Prisoner.

ROBERT CRAIKE sworn.

I have known the prisoner upwards of four years, he lodged in my house he always, behaved himself very honestly, and worked at his business.

Did he lodge with you at the time this thing happened? - No. I am a watch and clock-maker; he is a coffee-pot handle maker.

Jury. You did not know that he cried muffins about the street did you? - Yes, I knew he had, but he did not while he was with me.

GEORGE YATES sworn.

I have known the prisoner fourteen years. he worked for our shop, and the trade in general, in making tea-pot and coffee-pot handles; his wife has orders for us at his house at this time.

Did he ever cry muffins? - Yes. Work has been slack during the American war, and he has for an honest livelihood cried muffins about the street; he is an honest inoffensive man, who I believe never designed mischief to any man.

JOHN MURPHY sworn.

I have known the prisoner upwards of twenty years; I went to school with him; I never heard any harm of him; he is a tea-pot handle maker, but business being slack he cried muffins about.

JOSHUA RICHWYN sworn.

I have known the prisoner six years; I never heard any thing amiss of him before; he always bore an honest character.

RICHARD CARTER sworn.

I keep a public-house. I have known him two months; he is an honest, industrious, harmless man. At the time they say he was at the fire I know he was not out of my house an hour. I saw him go out and I saw him come in again.

What time of day was it that you saw him go out? - Between twelve and one o'clock; he returned soon after one; I know he was not gone an hour.

How far do you live from the prosecutor? - Pretty near a quarter of a mile. I keep a public-house the corner of Three Dagger court, in Fore-street.

Jury. You say he went out between twelve and one, how came you to observe the time? - He said he heard there was a riot, and he would go and see what was the matter; he came in again, I asked what was going forward; he said shocking work. He staid but a short time. When he returned I understood that then he went to bed. He lives up the court.

WILLIAM NORWOOD sworn.

I have known the prisoner some time; he is an honest man, and will do any thing to get his bread.

ELISABETH WILKES sworn.

I have known the prisoner eleven years or more; he is an honest sober man of very good character to the best of my knowledge he has for many years been entrusted with a great deal of value of mine.

GUILTY ( Death .)

(He was humbly recommended by the Jury to his majesty's mercy.)

Tried by the First London Jury before Mr. Justice ASHHURST.

329. WILLIAM MACDONALD was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of John Lebarty , against the form of the statute, &c.

STEPHEN SPACKMAN sworn.

I am a barber, and live in Catherine-court, Tower-hill.

Do you know Mr. Lebarty's house? - Yes; it is in St. Catherine's-lane , on the other side of Tower-hill.

Was you in St. Catherine's-lane on Wednesday the 7th of June? - Yes, at about half past ten at night. I was within ten yards of John Lebarty 's house; I was standing in the street with my brother-in-law, who lives there, at about half past ten at night; I had not been there many minutes before I saw a man, who called himself William Macdonald (the prisoner is the man); he had got a bottle in his hand, coming down St. Catherine's-lane, in a noisy manner, crying Popery, popery, who will have any of Langdale's gin? he said, he had brought it from the fountain head. He offered it several people to drink; I advised my brother to put out lights to save his windows, as other people had done before. I stood in the lane, shutting up his shutters for him. I saw Macdonald with others, knocking at Lebarty's door trying to get in; after a little time they got into the house.

Was the prisoner with them? - He was; after that they began to break the glass of the bar, and got up and knocked the shutters out; they broke the wainscoting of the bar, and every thing. I did not see one man singly from another t. I was in the street; I heard a great noise; after that they went up stairs and threw a number of things out at the window. Macdonald was helping out with his arm part of a bed or a whole bed. After that I saw him come out of Lebarty's house and go a little lower in the street, he cried out to the master of the house for the keys of the house four doors lower, meaning the house of Thomas Morris . He asked Thomas Morris if that was not a china shop; Morris gave them for answer, that he had not the keys; that his family were all gone out, and he would support his door-way. The prisoner said he was a Roman Catholick , and his house should come down. Morris saw several of his neighbours about him; he called to them; I went to him myself. There was a great cry whether he had a Bible in his house or not. I asked him if he had a Bible, that he might show it these people, for that seemed the cry of the mob. One of the mob said he believed Morris was a true Protestant, and his house should not come down, the prisoner in answer to what his fellow rioters said, said it signified nothing for Morris was a Roman Catholick and his house should come down. He then returned again into Lebarty's house.

Were the mob at Lebarty's all the time? - Yes, throwing out the bedding and the furniture.

What number might take a part in it? - I believe there were fifty or sixty of the mob round the house and in the house.

Was any thing said about lights? - Macdonald went into Lebarty's house for a little while; then he returned, and soon after they wanted more candles; the prisoner knocked with a poker or iron bar at the house of Thomas Brummage , next door but one to Lebarty's, and called for candles; a woman in the house with Thomas Brummage came down stairs into the shop with some candles in her hand, carried them up one pair of stairs, and flung them out of the window; the prisoner stooped down, picked them up, and carried them into the house of John Lebarty .

Was any thing said at that time? - Nothing particular that I remember; there was a great noise, Down with Popery was the cry. I heard the prisoner cry out so several times. They still kept throwing out at the windows the beds, chairs, and every thing they could lay their hands on.

Did you see what was done in the house? - No, I saw some people pulling down the bar in the morning; Macdonald was gone then.

During the time the prisoner continueddc there did you see any part of the house pulled down? - Yes, great part of the shutters were broke down, the wainscoting on the inside of the house was pulled down; and the chairs, tables, and bedsteads flung out at the window, and I suppose thirteen or fourteen beds.

Prisoner. Whether you saw me put a hand to any part of the property of John Lebarty ?

Spackman. I saw the prisoner, as I before said, help to sling a bed out at the window.

ELISABETH JOLLY sworn.

I live in St. Catherine's-lane, exactly opposite. I saw the prisoner in the one-pair-of-stairs of Mr. John Lebarty 's house on the 7th of June, between two and three in the morning; he was pulling down the wainscoting of the one-pair-of-stairs room, and throwing it and the chairs and furniture out at the window. He pulled the bed furniture down, threw them out at the window, and cried out, Down with Popery.

Are you positive that the prisoner is the man you saw? - Very positive of it; he had a lighted candle in his hand, and I had four in my one-pair-of-stairs room, for I had been ordered by the mob to put lights in the window; I put out four. There were three or four men besides the prisoner in the room.

Do you happen to know where he got that candle? - I cannot say.

How came you to remark the prisoner, did you see any thing particular in him? - He was at the window throwing out the furniture; he took it from the other men who brought it to the window.

Had you ever seen him before? - Never.

Did you see his arm in the situation then that it is in now? - Yes, and I observed some of the other people in the room cry out to him Well done, soldier, though you are lame you work very well. *

* The prisoner's left arm was in a fling.

ELIZABETH FRAZIER sworn.

How old are you? - Going on fifteen. I am servant to Mrs. Lebarty.

Did you ever see the prisoner at any time? - I know him very well. I saw him go up stairs into my master's house at the time of the riot.

What did you see him do? - I cannot say that I saw him doing any thing; he went backwards and forwards, and up and down stairs; and when he came down he huzza'd to the mob.

You do not know what was done above stairs by the prisoner? - I cannot say.

SIMON JACKSON sworn.

I live in St. Catherine's-lane. On Wednesday the 7th of June, at about twelve o'clock, when Mr. Lebarty's house was pulling down, I went up the lane and saw the prisoner in the street opposite the house.

Have you any recollection of what he was saying or talking about when you saw him in the street? - I cannot recollect; two of the mob came down to my house; they had been drinking at my house before; I said, I hear my house is to be the next that is to be pulled down. They said, Why I hear you are a Roman Catholick . I said I was not.

Did you hear the prisoner say any thing? - No, I did not.

JOHN LEBARTY sworn.

Inform the Jury what injury was done to your house in the night of Wednesday the 7th of June? - I left both my houses, a publick-house an d flop-shop. When I saw them again the next day they were like a ship that is cast away upon a rock. The doors, windows, wainscoting, the bar, and every thing, were all torn to pieces.

When you left your house was it entire? - Yes; I left them between ten and eleven o'clock on Wednesday night, both houses were then entire.

PRISONER's DEFENCE.

I have been these six months under an affliction, for which I was discharged from the third regiment of guards. Since I have been in Clerkenwell, nobody has been admitted to see me there; therefore I could not so much as send to my regiment for my character. I have lost the use of my arm; it is so bad that I cannot bear to do any thing; I am obliged to hold my hand before me as I walk the streets, for fear any body should touch it, for if any thing touches it, it goes to my heart.

GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

330 BENJAMIN WATERS was indicted for that he, together with forty other persons and more, unlawfully, riotously, and tumultuously, did assemble, on the 8th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Cornelius Murphy .

- BEVAN sworn.

I am a breeches-maker, and live at the corner of Beachey-street, near Mr. Murphy's house; I can see his house when I stand at my own door.

Was you at home when the mob came to Mr. Murphy's? - I was; they came between six and seven o'clock, on Wednesday the 8th of June, there was a very great number of them; they filled all the street which was within my sight.

Did you see the prisoner at the bar there? - When I heard the glass fly I went to the door and looked up, there were a number of people in the street. I looked up to the windows of the one-pair-of-stairs and to the top of the house; the prisoner was at the one-pair-of-stairs window with a piece of wood breaking the window frames; after the window frames were broke and thrown out, I saw him in the room assisting in throwing some things out, but I cannot say in particular what.

What became of the window frames after they were broken? - They were thrown out into the street; after that there was a cart, which the mob had pressed, brought into Golden-lane to take up the goods that they might not be burnt there left they should to set the houses on fire; after the goods were thrown out into the street, they were put into this cart and carried away; the prisoner staid in the room and assisted in throwing the things out; the room was then quite full of people.

Did you ever see the prisoner before? - Yes. I knew him very well by living in that neighbourhood with him; I took notice of him particularly; my house was threatened by the mob as they came backwards and forwards. I took particular notice of those I knew, that I might intercede with them to be favourable to me. The prisoner came to my door. I spoke to him in particular. I said, Waters, you have known me a great while, do not be so cruel as to break my windows and let the mob come in. He did me a great deal of service, for he kept them off from coming into my door, while they were examining my books, and he saved my windows from being broke; after the mob were gone away, they gave me three huzza's, and I was obliged to shake hands with them.

Court. I take it for granted you gave no information against the prisoner? - No, I did not.

The whole front of the house was pulled down, was it not? - It was.

ANN CHAMBERS sworn.

I live opposite Mr. Murphy's house.

Did you see the mob there? - Yes, I did. I saw the prisoner at the bar there; he was the first person who went into the house by Mrs. Clark's orders. He blasted his eyes and limbs and said it should come down.

The mob came to Mr. Murphy's house? - I went away very well satisfied. They crossed the way; some went into Mrs. Clark's, some went past. The prisoner went past Mrs. Clark's door. She beckoned to them and the prisoner came back to her. She begged they would come back for Mr. Murphy's was a Roman Catholick 's house. He then blasted his eyes and limbs that it should come down. And then they went back to Mr. Murphy's house and pulled it down.

Did you know the prisoner before? - Not before; but being bandy-legged, and particular in his person, I took more notice of him; he had on a brown coat, a brown apron, and round hat; he appeared to me to be in liquor.

In what manner did they get into the house? - They went in, the door being open; the rest all followed. They immediately began breaking the tap-room; they pulled the bar down and began directly to demolish the house.

ELIZABETH LYONS sworn.

Are you a neighbour of Mr. Murphy's? - Yes. The prisoner was at my door; Susanna Clarke called to him That Mr. Murphy was a Roman Catholick . The prisoner then blasted his eyes and limbs he would have the house down. Mrs. Clark said, If they were not Roman Catholicks why did they keep Irish wakes there? The prisoner went directly into Mr. Murphy's house from my door.

PRISONER's DEFENCE.

I declare before God, my maker, I am innocent of breaking and destroying any thing in the world.

For the prisoner.

WILLIAM STAUNTON sworn.

I have known the prisoner five or six years, he makes childs pumps; he has worked for me between three and four months, he behaved extaordinary well to me; I have trusted him in my house alone with things of value, I never missed any thing.

JAMES TAYLOR sworn.

I have known the prisoner about a twelvemonth; I never knew any thing amiss of him. He lodged in my house.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice NARES.

331. ELIZABETH M'KENZIE was indicted for stealing a guinea and one shilling and sixpence, in monies, numbered , the property of Benjamin Evans , June 16th .

BENJAMIN EVANS sworn.

Upon the 16th of June I had been to Billingsgate to buy some fish for my master; returning home with it, in a narrow court, I saw the prisoner standing at a door. She said she wanted to speak to me. I went through a passage into a kitchen. I stood in the middle of the kitchen, she stood by my side; she put one hand to my basket to see what I had in it, at the same she put her other hand into my breeches pocket and took a purse with a guinea and eighteen pence out of it. I had the purse and money in my pocket a very short time before I came to the house. I did not perceive her take it; she ran away then I had a suspicion of her. I put my hand into my pocket and missed it; she ran down the court. I asked another woman where she was gone to? She said, to the Swan, I went in search of her but could not find her. Then I went home with the fish and returned again; I got a constable; we saw the prisoner near the place; we took her before Justice Clarke who committed her. She said, she had not got my money but she knew who had it. We took another woman before the justice. She said there that the prisoner was the person who had robbed me; I never saw that woman before the second time of examination, which was on the Tuesday following; she denied she ever saw a farthing of the money.

Was she committed? - Yes; but I never swore against her.

PRISONER's DEFENCE.

I know nothing of it; there was another woman confessed before the justice that she had taken the money.

NOT GUILTY .

Tried by the Second Middlesex Jury before Lord Chief Baron SKYNNER .

332. JOHN ELLIS was indicted for that he together with forty other persons and more, unlawfully, riotously, and tumultuously, did assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Cornelius Murphy , against the form of the statute, &c.

CORNELIUS MURPHY sworn.

I keep a public-house, the sign of the Sun in Golden-lane . My house was pulled down by the mob, on the 7th of June, between six and seven o'clock.

What number do you suppose the mob consisted of? - There were one or two hundred of them, I imagine. Some were armed with cutlasses and some with bludgeons. When first they came to my house three or four of us served them with liquor. They then called for my books; I laid them down before them. They examined the books and said I was not a Papist. After they had examined the books and drank what they chose, they went out of the tap-room; they gave me three cheers, and cried out, No Popery. They went out of the house and shock hands with me as they went. When they had got thirty or forty yards from the house a woman, who lives opposite to me, called out to them, and said I was a Papist and my house ought to come down.

What was the person's name who said that? - Clarke; she beckoned to the mob, and her husband called them back; then they came back to my house and pulled it down.

Look at the prisoner, was he there? - Not at that time.

When did you first see him? - About half an hour or between that and three quarters of an hour after they came the second time, they began to break down with bludgeons all the house; they pulled all the front of the house and every bit of the bar down; they did not leave one of the boxes in the tap-room. They took all the furniture up into Old-street, and burnt it; they pulled almost all the wainscoting down which was in the one-pair-of-stairs.

Where did you see the prisoner when you first saw him? - At the bar, pulling part of the wainscoting down.

Had he any thing in his hand? - He had no weapon, he was pulling it down with his hand.

How long did the prisoner stay in the house? - I saw him in the house for the space of half an hour or three quarters of an hour.

What was he doing all that time? - He was drinking part of the time, and at the bar the remaining part.

In what condition was your house when the mob first came to it? - In full repair.

What state is it in now? - All the front, the boxes, and most part of the stairs are pulled down. The roof was pulled down.

Do I understand you that you are sure that the prisoner was not there at first or that you did not see him at first? - I did not see him when the mob first came.

Are you sure he is the man? - I am sure that he is the man.

Prisoner. Whether he can take his oath that I was in the bar drinking the liquor?

Murphy. He was outside the bar, pulling it down with his hands and I saw him drinking both beer and gin.

Cross Examination.

You knew him before? - I had seen him.

Do you know whose servant he is? - Mr. Calvert's servant.

I believe there were casks behind the bar? - There were.

In order to remove those casks was it not necessary that the bar should be pulled down? - No, there is a door on purpose to take the casks out at.

But were they not fixed? - Yes, but they could be removed without. If the bar must be pulled down to take them out, how were they to be put in.

Whether persons endeavouring in a great hurry to take away these casks might not pull the bar down? - They had no manner of occasion to break the bar down unless they did it wilfully.

Jury. What was the use of these casks? - They were gin casks, the draw-pipes came down from the top of the bar, and let the gin down to serve it.

How much might these casks hold? - Thirty or thirty-two gallons each.

They were not usually fastened? - No, only fixed upon the shelf.

Do you know the character of the prisoner? - I never heard any thing against his character in my life. I have seen him once or twice before, I believe.

Jury. How came you to remark this man in particular? - Because he was one of my own brewer's men, who served me with beer.

Counsel for the Crown. Did he pretend to you that he came there for the purpose of taking away these casks to save them? - No, he did not pretend it to me.

Had he brought any cart or any thing to carry them away in? - No.

Counsel for the Prisoner. Who serves you with spirits? - Mr. Child, in Old-street.

PRISONER's DEFENCE.

I will say no more than the truth; I would say that if I was going to be hanged. I went through Crown-court into Red-cross-street, there I saw a great number of people standing together. I said, what is the matter? I saw a great heap of wood laid; I asked where it came from? they said the Sun in Golden-lane. I went up and found it to be Mr. Murphy's house. I never knew he kept the Sun, nor was I ever in the house in my life. I did not stay there above three or four minutes; I was on the other side of the way; I never was near the house; and these words I would say if I was going to be hanged this moment, I never was near the bar.

Did the prisoner use to come to serve your house with beer? - I do not know; Mr. Calvert used to serve my house with beer.

If you did not see him there, how came you to know him? - He is a very remarkable man; I have seen him in Mr. Calvert's yard once or twice when I have been there.

For the Prisoner.

JOHN ELLIS sworn.

I have known the prisoner several years.

Is he any relation of yours? - My brother's son. He has been a hard working industrious lad from his infancy.

THOMAS COLES sworn.

I have known the prisoner part of two seasons which he has worked in Mr. Calvert's brew house. I am a servant there. His occupation there is miller. He always attended to his business, and never was in the least suspected of being drunk, or being disorderly, or riotous.

What are you? - I am brewer there. He was what we call the head miller; he had three or four men under him, subject to his direction.

JOHN FOSTER sworn.

I have known the prisoner near two years. He has always appeared to us about the house to be a very sober industrious man. If he was not an industrious, sober man he would not have been in the place he is in, for there is great trust and care put in him. During the whole time he has belonged to the brewhouse I never observed him in liquor, nor neglect his business in the least. There are four or five days each week when he is obliged to be up from two or three or four o'clock in the morning till five at night.

Jury. Whether the prisoner knew Murphy's was a house you served? - I do not apprehend that he did, because he has no manner of connexion with the out-houses.

ELISABETH KNIGHT sworn.

The prisoner is a very civil honest man; I have known him these two years and more; he lodges at my house; he is a very industrious man.

SUSANNA RAVENS sworn.

I have known him best part of a twelvemonth; he is a hard working, sober, honest man; he always kept good hours. I lodge in the room under him.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. JUSTICE NARES.

333. ABRAHAM ASSETT was indicted for that he, together with an hundred other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Thomas Langdale , against the form of the statute, &c.

(The counsel for the prosecution declined calling any witnesses to support this indictment.)

NOT GUILTY .

334, 335, 356, 337. THOMAS CLEEVES , EDMUND HAWORTH , THOMAS COCKIN , and JOHN KING were indicted for that they, together with forty other persons and more, unlawfully, riotously, and tumultuously, did assemble, on the 7th of June, to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Cornelius Donavan , Esq. against the form of the statute, &c.

BARNARD TURNER Esq. sworn.

On Wednesday the 7th of this month, I had the honour of commanding the gentlemen of the London association; in the evenning about ten o'clock, after repeated sollicitations from the inhabitants of Broad-street, informing us that the Excise-office and Pay-office would certainly be laid in ashes, the gentlemen of the London Association marched down Broad-street with Mr. Sheriff Pugh; as soon as the gentlemen came in sight of the fire, which wa s kindled and consuming the goods of Mr. Donavan, I halted them; I left the gentlemen about a hundred yards from the mob; I advanced about thirty or forty yards in front of them, and exhorted the mob to disperse. I endeavoured to convince them of the danger they were in. I told them I had the sheriff's order to fire upon them; that we were loaded with ball and should certainly fire upon them if they did not immediately disperse. The mob seemed rather more riotous after my speaking to them; and seeing my admonition had no effect, I returned to the gentlemen of the Association and marched them within forty yards, as I guessed, of the mob; from that second position I advanced a little way farther and again exhorted the mob to disperse, the mob however, paid no attention to what I said, and continued demolishing the furniture of Mr. Donavan's house with more fury that they seemed to have done before; after having desired those whom I thought were only spectators to disperse, which however, like what I had said before, seemed to have no effect, I ordered the gentlemen to fire from the right by files, thinking that if two or three shots would have dispersed the mob, it would have been more pleasing to us than firing more. The mob being armed with bludgeons and other weapons, and seeming to become more furious from the little effect of these two or three shots, I ordered the gentlemen to continue their file firing; as near as I can recollect, about twenty shots were fired before the mob dispersed. As soon as the mob were dispersed, I ordered the gentlemen to advance, and form a square from the place where the mob had made a fire, which was across the street; I placed a company in each of those avenues securing the house, and went into the house, and two or three gentlemen followed me immediately; on entering the house I saw a stout ill-looking fellow behind the door with a lighted candle in his hand. I put a pistol I had in my pocket to his breast, and told him he was a dead man if he moved or made any resistance. I handed him to a gentleman on my right, who was a little below upon the steps; I then went up stairs and saw that the whole of the furniture was torn to pieces in a shocking manner; the railing of the stair-case on the first flight was torn and broke to pieces; the glasses and sashes in the windows were likewise knocked all to pieces; in short every part of the furniture, except the furniture of the maid servant's room, was demolished, thrown out of the rooms, and broken to pieces. Not finding any person in the house up stairs I went into the lower part of the house, which consists of the kitchen and cellar; at the end of a wine vault were four men; the first that came out called out, as if speaking to some of his comrades, "holloa lads, what are you about, or what is the matter;" not knowing exactly the number which might be in so dark a place; we secured the first man who came out, by presenting our bayonets to his breast, and making him go into a corner of the kitchen; in a little time after the rest came out singly; they did not seem sensible of the crime they had committed, they seemed very unwilling to be taken prisoners; and seeing but two or three of the association, the tall man, the prisoner Cleeves, being on the right, advanced to me with his hand listed up, in a menacing manner, as if he meant to strike, and seemed to look at the others, as if he was expecting their assistance; as he was advancing in that position I placed the point of my bayonet against his side under his arm, but as he seemed a little in liquor and the bottom of the kitchen, he stood upon, being entirely covered with broken glass bottles, I recollected myself and thought it possible he might advance upon me, even in that danger, and conceiving that a wound in that position would be mortal, I changed the point of my bayonet and just pricked him in the fleshy part of his breast, that seemed to have the effect I wished. The man was sensible of his danger and begged we would not kill him. I told him it was not our wish to kill him, but if he would submit himself quietly he should be well treated; with the assistance that had then come down into the cellar, they were tied two and two; I sent them back under a guard of twenty gentlemen, by whom I am informed they were lodged in the Poultry-Compter.

Did you afterwards go into the house for the purpose of seeing what these men had been doing? - Yes, we did; every part of the furniture in the kitchen, and every place as far we went, we saw they had been either breaking the bottles or demolishing every thing they could lay their hands upon. We found a vast quantity of broken bottles upon the kitchen floor, and in the vault, which was on the same floor; the jack in the kitchen was torn down, the pewter upon the shelves was demolished, and every thing was in the utmost confusion, the balustrades of the staircase, the sashes, and every window, were torn down.

Was it the frames or only the sashes of the window? - The wooden part of the sashes of the windows were torn down.

Were the four prisoners the men secured by you, or which do you recollect? - I can swear positively to the tallest man being in the kitchen in the predicament I described; I cannot swear to the other men, but I believe them to be the men; I have every recollection short of being positive.

When they were first secured did they offer any apology for themselves? - They seemed to think they had done no harm, no property being found upon them; the language of many of them was, You cannot say you found any thing upon us. They did not deny the breaking the furniture; part of the furniture having been demolished that seemed to be too obvious to be disputed.

Cross Examination.

If I understand you rightly these men were followed into a wine-vault? - They were in the vault, we followed them into it as they were coming out.

Then you did not see them do any act at all? - No, we did not.

As to what you spoke of furniture being broken that might be by other people before you came there? - I can say nothing to who the persons were who broke the house, we found the prisoners at the bottom of the house when we came there.

They seemed to think themselves innocent? - They seemed to think themselves secure because we found none of Mr. Donavan's property upon them.

What time of night was this? - Between ten and eleven o'clock.

Was you present at the examination of these people before mylord Mayor? - I was not.

Mr. ELLWOOD sworn.

You are one of the gentlemen of the London Association who were present at the time Mr. Turner has been speaking of? - I was.

You will please to confine the account you have to give to what passed during the time you was in the house? - Mr. Turner has given a very correct account of the business, except in two or three instances; one of which is, which I dare say he has forgot, we fired upon them in Wormwood-street.

Please to confine the account you have to give to what passed within the house of Mr. Donavan? - As soon as the mob dispersed Mr. Turner, Mr. Adams, myself, and one or two more, went into the house. Mr. Turner was first; he found a man behind the door with a candle in his hand; he seised him and gave him to me; I delivered him to the city-marshal. We then went into every room in the house, which we found in the exact situation Mr. Turner has described; from thence we went into the cellar, there we found these four men; I know them perfectly well; I was employed a quarter of an hour, I dare say, in tying their hands. I went to see them next day that I might know them again. Mr. Turner mentioned, they said

"You have found nothing upon us," I did not hear that; all they said was,

"We hope you will not murder us;" they gave no account how they came there, nor why; the tall man appeared to be in liquor.

How did you find the vault? - It was filed with broken bottles; every thing was destroyed that was possible in the vault; a great deal of wine was upon the floor, it was shoe deep and the place was covered with broken bottles.

Were these the only men found in the vaults? - Yes.

Can you speak positively to these four men? - To every one of them.

Did you make an observation as to the situation of this house how it had been destroyed or begun to be destroyed? - The greatest part of the furniture was totally destroyed, and the banisters of the first flight of stairs were broken, and almost every sash of the house; some of the doors of the house were broken. The tall man had either been wounded by our firing, or had cut his hand with some of the glass, I cannot tell which; but there were two or three of the doors of Mr. Donavan's house much blooded.

What number of the rioters do you think were about this house when you first went up? - A great number, I suppose four or five hundred; they were the more violent because of Mr. Turner's requesting them to disperss and go away; they were exceedingly daring.

Cross Examination.

You do not know of any act they did only they were in the vault? - No.

Mr. RICHARD ADAMS sworn.

You were present with Mr. Turner and Mr. Ellwood at this house? - I was. I am entirely of the same opinion with Mr. Ellwood. I entered the house; the first man said,

"What is the matter, I hope you are not come to kill us."

Look at the prisoners, are these the four men who were apprehended? - They are.

You can speak positively that they are? - They are.

Mr. Ellwood. There was an inclination in two of them to force their way out but they found the points of our bayonets too sharp.

- FARQUHAR sworn.

Are you a servant to Mr. Donavan? - Yes.

What was the condition of the house after the rioters had been there? - It was in a very bad condition; they tore and burnt and stole away almost every thing that was in the house; the banisters of the stairs were torn away, the windows were beat out, most of them not only the glass but the wood.

Was it in perfect repair on the day previous to this? - It was.

CLEEVES's DEFENCE.

In the course of the day, near upon ten o'clock, I called upon a friend; I was much in liquor; after that I went up to Aldersgate-street; then I made it my way home to London-wall; I lost my acquaintance in the crowd.

HOWORTH's DEFENCE.

I was going home to my lodging; I saw the mob at this house; I was at the door and was pushed into the house with the mob and down into the cellar.

COCKEN's DEFENCE.

I had been hard at work all day at the engine at the fire in Moorfields; I got much in liquor there; I returned from thence into Bishopsgate-street, where I live. I stopped there some time, I cannot say positively how long; after that the landlord who keeps the Swan-inn and I came out together; we went to the corner of Houndsditch, the fire was burning there. I lent an hand to the coachmen that came by to get their horses past the mob; as we were coming home we happened to see this fire burning at the bottom of Wormwood-street; we ran down together, there was a man and me, we observed the flames. I lost him in the mob; I ran into the gentleman's house, for what reason I cannot tell, I was so much in liquor; I can give no other account.

KING's DEFENCE.

I left off work about two in the afternoon; I am a weaver by trade. I took a measure of the read; I was going into Hog-lane, to the read-maker's; there were a great many people running to see the destruction of Newgate. I thought I would go and look at it on the outside; I staid there till dark, then I went into the city to go home; going past the Compter, there were some of the soldiers would not let any body pass, so I was obliged to go the back way; I kept looking at this fire eight or ten minutes. There was a young man in the passage in the broad place looking at Newgate with me. I took Mr. Cocken to be the man; I followed him and called out, Bill Lankin . I thought him to be the person; he was not coming up again. I heard some of the gentlemen fire, and make a noise; I was afraid to go out, so I went down again. The gentlemen came down in a short time afterwards and took me. I was the very first who was taken out of the cellar; they took me coming up to the door, they tied my hands behind me, and searched me to see if I had any arms, or any property, I had none about me.

For the Prisoner Cleeves.

ROBERT BLACK sworn.

I have known Cleeves twenty-five years; he is a very sober steady man. He is a bookbinder; he has worked with me upwards of fourteen years.

Did he work with you at this time? - Yes.

Do you know where he was that night? - I do not know; he was at work with me till two o'clock that day.

THOMAS HOOKE sworn.

I have known Cleeves ten years; he is a sober hard working man; he is a bookbinder.

GEORGE FORD sworn.

I have known Cleeves fourteen years; he is a sober, honest hard working man.

Do you live in Dove-court? - Yes, in Dove-court, St. Martin's-Le-Grand.

Did you see the prisoner that night? - Yes, and he left my house about half past nine o'clock; I believe it was not quite ten when he went away.

PETER WOODNER sworn.

I have known Cleeves twelve years; he is a sober industrious man. He is a book-binder.

THOMAS WHITE sworn.

I have boarded and lodged with Cleeves's master thirteen years, when I have been at home; I am commander of a ship. I never knew a man of better character; I have trusted him often and found him honest.

JOHN BROOKE sworn.

I have known him nine years; he is a sober, honest, hard working man. I have always seen him when I have been at his master's house, attentive to his business.

RICHARD RUSSELL sworn.

I have known him eight years; he is an honest, hard working man. I work for Mr. Ford. I was in the shop that night when he came up.

What time did he leave work? - He was not at work there, but he went away from thence between half after nine and ten o'clock.

For the Prisoner Cocken.

WILLIAM WOOD sworn.

Cocken worked at our engine on the 7th of June, in Moorfields, for about three hours.

Did you know him before? - No, only that he was at work at our engine, and at the Royal Exchange he worked for two hours.

THOMAS WALLIS sworn.

I have known Cocken twelve or fourteen years; he lived servant with me two years and a half. He always bore the character of a very honest man.

ROBERT GURNEY sworn.

I have known Cocken a year and a half; he always bore the character of a sober honest fellow.

RICHARD POOLE sworn.

I have known Cocken a twelvemonth; I never saw any thing amiss of him; he was always striving to live like a hard-working honest man.

ANN LAVER sworn.

I have known Cocken sixteen or eighteen years; I can give him an extraordinary good character for sobriety and honesty. He lodged with me a year and an half; I have entrusted him with all I had in the house; I never missed any thing.

HENRY PEARSON sworn.

I have known Coken ever since he worked at our engine in Moorfields; he worked there very hard, and drank very plentifully of the liquor.

For King.

THOMAS CARR sworn.

I have known King six years; he worked with me three years.

EDWARD CAWDELL sworn.

I know King; he has been a sober, honest, industrious man, ever since I knew him.

JOHN TAYLOR sworn.

I have known King from a little boy; I never heard any harm of him; he is a hardworking young man.

THOMAS QUILL sworn.

I have known him five years; he is a sober honest young man. I keep a publick-house; he used my house. I never heard any thing amiss of him.

THOMAS POWELL sworn.

Howarth has worked for me as a journeyman eleven months. He has always behaved well, and is a quiet honest man, for any thing I know.

ALL FOUR NOT GUILTY .

Tried by the First London Jury before Mr. Justice ASHHURST

338. THOMAS HAWES was indicted for that he together with sixty other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Robert Kilby Cox , Esq. against the form of the statute, &c.

JOHN LABAR sworn.

I attend at Sir John Fielding 's. I live in the parish of St. Margaret Westminster.

Do you know Mr. Cox? - I never saw him till he preferred the bill of indictment. On the 6th of June I went through Queen-street , about eleven o'clock in the evening; the watch went eleven just as I got to Drury-lane. In Queen-street, I saw several people very riotous; they were in Mr. Cox's house, and bringing the things and furniture out, and burning it. I saw them throw out of the window chairs, tables, and beds. At about half after eleven I went up one of the coachyards, as I came down again; thinking to get home as fast as I could, I saw a man in a blue jacket; I then thought he had trowsers on. He had an iron bar in his hand. I took particular notice of him; there was a boy by him, in a brown coat with a red collar. He had a piece of wood in his hand like the bar of a window. I could not see whether the man had trowsers on till he got the window quite down; then I saw it was the skirts of a white coat sewed to a sailor's jacket *; he knocked the brick-work out till he got it down to the floor.

* The Prisoner's dress at the time of his tryal answered this description.

Who was that man? - The prisoner is the man to the best of my belief; he has the same jacket on now. His face was disguised with dirt.

Cross Examination.

Did you ever see the man before? - Never to the best of my knowledge.

You will not be positive now that he is the man? - No, but I know the jacket.

JOHN CROSS sworn.

I was in Queen-street, on the 6th of June, at about a quarter before eleven o'clock. There were a great number of people knocking Mr. Cox's house to pieces; I particularly observed the prisoner at the bar in the house; he was knocking the brick-work out with an iron crow; I was on the opposite side of the street.

How was you able to see him? - There were a number of fires in the street, it was light enough to pick up a pin.

Are you sure the prisoner is the man? - I am; I had seen him before on the same day; he was dressed in the same coat he has on now, the skirts of which are white.

Repeat what you saw him doing? - He had an iron bar in his hand longer than this stick; he knocked out the frames of the windows, and then the bricks. There was a boy by him in a brown coat with a red cape.

How many persons were present? - Two or three hundred. They quite demolished the house.

Cross Examination.

What are you? - A mason by trade.

What else do you follow? - I am a broker.

Are not you an officer? - Yes.

You knew him before? - Yes,

You knew where he lived? - I believe at Paddington.

You might have taken him before? - I could not hear of him before; he was not at Paddington as I know of.

Did you go to Paddington in search of him? - I live at Paddington.

You knew where to find him, did you go to Mr. Willans's where he works, to enquire for him? - I did not know that he worked for Mr. Willan.

When did you take him up? - On Friday se'nnight; I believe it was the 17th.

From the 6th to the 17th you never offered to take him up? - Nobody dared to take persons up at that time.

Do you know William Bailey who works for Mr. Willan? - No.

Or Clark? - No. Mr. Willan has several servants, I do not know them by name; I gave a description of him to a publican.

Is that publican here? - No.

Did you tell the publican his name? - No, I did not know his name till he was taken up.

Jury. Who did you describe him to? - The man who keeps the King's Arms.

Are you a constable for Paddington? - No, for the county at large.

Where was you sworn in? - At Sir John Fielding's.

You are one of the persons called thief takers, is not that your description? - I belong to Sir John Fielding .

JOHN TATUM sworn.

Do you know Mr. Cox's house in Queen-street? - Yes.

On the Tuesday was it in perfect repair? - On the Tuesday it was in perfect repair; I was in the house most of that night; it was totally destroyed by the mob, entirely gutted; the floors were not pulled up till the morning. In the course of that night and the next morning it was completely demolished.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

WILLIAM BAILEY sworn.

I am a day-labourer, I work for Mr. Willan, who is a contractor with government for horses.

Does the prisoner work for him too? - Yes.

On the 6th of June was he at Paddington? - Yes; he went into the hay-lost at about nine at night, and lay there till between four and five in the morning.

Who did he lie with? - Clark and me.

Did he work for your master till he was taken up? - Yes.

I believe he has not been well lately? - No, he has not.

Cross Examination.

What day was this? - The Tuesday.

What time did he go into the hay-loft? - At about half after nine.

Probably you went soon to sleep? - Yes.

When did you see him next? - About five in the morning.

Did you sleep all the time? - Yes.

Was the place open? - No, the hostler locked us in and let us out in the morning.

Who is the hostler? - He is gone away now.

WILLIAM CLARK sworn.

Are you a servant to Mr. Willan? - Yes.

Hawes was his servant likewise? - Yes.

Did he and Bailey and you sleep together on Tuesday the 6th of June? - We went to bed together between nine and ten, and he was there till between four and five in the morning.

Did he continue with your master till the time he was taken up? - I cannot say any thing as to that, because I was out on other business.

Court. Where did you lie? - In the hay-loft.

Was the door left open? - No, locked.

Who locked it? - The hostler.

Where is he? - That I do not know.

Did he let you out in the morning? - I was not the first who went out.

WILLIAM WILLAN sworn.

I contract with government for horses. Hawes has lived with me six weeks; he came to me like a beggar; he said he came from Shepherd's Bush; that he had been sick and lame, and had been in the workhouse six months. I enquired and found that what he told me was true, and that he bore a very good character, I employed him. He was at his work morning and evening, and was very sober. My men are called over every morning and evening. If I had not thought that he was as clear of this offence as I am, I would not have appeared for him.

Cross knows you? - Yes, and him too, and knows every thing about him as well as I do.

You say your men were called over night and morning, was he called over both night and morning? - Yes.

Do you recollect whether he was called over on the 6th of June? - Yes, he was.

Counsel for the Crown. I apprehend there must have been a mistake in the person.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice NARES.

339. GEORGE BANTON was indicted for that he in the king's highway, in and upon Richard Stone , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person sixpence in money, numbered, the property of the said Richard , June 8th .

RICHARD STONE sworn.

I am an apprentice to Mr. Walford, at the corner of Featherstone-buildings, Holbourn ; the prisoner knocked at our door at four o'clock in the afternoon of the 8th of June; he desired I would remember the Protestant religion; I gave him two-pence. He said that was not sufficient; then I gave him sixpence.

Did he come alone or was any body with him? - I believe there was another person with him.

What induced you to give him the sixpence? - I was afraid of my life; he had an iron bar in his hand, I was afraid he would make use of it; he went from our house to Mr. Rowton's, which is the next door.

Prisoner. I pulled my hat off and asked for some halfpence to buy me some beer; I was in liquor.

Was he in liquor? - I think he was.

Did he pull his hat off and ask for money in a begging way? - I believe he did. I gave him two-pence. He said, that was not sufficient, he must and would have sixpence.

Do you recollect the particular expressions he made use of when he first asked you for money? - He said, pray remember the Protestant religion; he pulled off his hat and I put two-pence into it.

When he said he must have sixpence did he accompany it with any threats in case you did not give it? - He did not; he said, he must and would have it.

You did not observe more than one person with him? - I did not.

Was there any mob about at the time? - There were a few persons in the street.

Did they appear to have any connection with the prisoner? - I do not recollect that they did.

Are you sure the prisoner is the man? - I am.

RICHARD ARTHUR ROWTON sworn.

I live next door to Mr. Walford's.

Did you that evening see the prisoner Banton? - Yes; he came from Mr. Walford's to me; he pulled off his hat and desired me to remember the Protestant religion. His comrade, who was with him, said, he would not take less than a shilling. I said then I would give him nothing; and if he did not go away I would charge a constable with him. The prisoner said, he would not go, and if I did not give him something he would break my windows. I said I would give him nothing; he lifted up the bar and said, if I did not he would cleave me down. The postman was in the shop at the time delivering me a letter; he advised me to give him three-pence, which I did. The prisoner was secured immediately. I am sure he is the man.

THOMAS NUNN sworn.

I live at Mr. Cook's, No. 61, the next door to Mr. Rowton. I was standing at the door; the prisoner passed by crying No Popery. I saw him go to Mr. Rowton; I heard him say if Mr. Rowton did not give him more money he would cleave him down with the iron bar which he had in his hand. This is the bar (producing it). I laid hold of the bar and took it out of his hand; it fell on the stones and I secured him. I am positive the prisoner is the man.

PRISONER's DEFENCE.

I was very much in liquor. I know nothing about it; I did not know where I was when I was taken. I came from Ruport-street, in the morning, to the Bell Savage-inn for some linen, my wife washes for the inn. I staid drinking till about twelve o'clock, and got in liquor. Then I went to the Magpye and had some more liquor; as I was going up Holbourn I saw this bar by Middle-row; I took it up, and seeing these people in the shop I asked them to give me some money to buy me some beer, for I had spent all I had.

For the prisoner.

MARY KENDALL sworn.

I have known the prisoner eleven years; he is a porter at Mr. Parsons's, in Newgate-street, and has been so upwards of eight years. Mr. Parsons is out of town at present; the prisoner and his parents lived in my house; I never heard any harm of him in my life; he is a very sober industrious man.

GUILTY ( Death .)

(The prisoner was humbly recommended by the Jury to his majesty's mercy.)

Tried by the Second Middlesex Jury before Mr. RECORDER.

340 FRANCIS LAWLEY was indicted for that he, in the king's highway, in and upon Thomas Large , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person four shillings in monies, numbered, the property of the said Thomas , June 5th .

THOMAS LARGE sworn.

I was robbed the 5th of this month, at about twelve o'clock at night, between Holloway and Islington ; there were four more in the coach, besides myself; it was a private coach and six, hired for the day.

Who were those other persons? - They are none of them here; their names are Hawkins, Burrell, Dugdale, and Covendale.

How came they not to be here? - They were not called upon; I did not know that there was any occasion. I can only say we were robbed; I cannot say by whom.

In what manner were you robbed? - Two men on horseback stopped the coach; they came one to each window and demanded our watches and money. I gave the man who came on my side what silver I had in my pocket, which was about four or five shillings; the other people in the coach gave them some. They threatened us if we did not give them our money they would blow our brains out.

Had they any pistols in their hands? - They had something like pistols; the man who robbed me presented it to my head.

You do not know any thing of the prisoner? - I do not know that he was one; he was taken up by Thomas Challoner .

Cross Examination.

It was very dark I believe? - Yes, it was so dark that I could not perceive the person.

Neither of the gentlemen in the coach could swear to either of the men? - No.

THOMAS CHALLONER sworn.

I was coming from Highgate behind the coach Mr. Large was in. I observed the prisoner and another man stop the coach and rob the persons within it, but of what I cannot tell.

How long did they stay with the coach? - About two or three minutes, or hardly so much.

Did you observe how they were armed, or whether they were armed at all? - They had pistols; they presented them to the coachman, when they first stopped the coach, and they had them in their hands when they robbed the coach; they used a great many bad words, and declared what they would do if they did not give them their watches and money; they blasted them and called them bloody buggers, and such other words. When they had robbed the coach they rode back towards Highgate. We stopped at Holloway turnpike. Mr. Oliver asked if I saw any thing of the other coaches coming up? I said, I did not see or hear any thing of them.

How do you know the prisoner was the person? - I know his person.

Had you ever seen him before? - No.

What sort of a night was it? - It was a hazey night; it was not very light nor very dark.

Can you take upon you, considering it was such a night as that, to swear positively to the person of the prisoner? - Yes.

When did you see him again? - On the Thursday night following at Sir John Fielding 's. I knew him directly.

Did you express no doubt? - No. When I saw him in the publick-house I knew him to be the man directly. I told a man there so. He said I ought to take him or I deserved to be hanged myself. I said I would not take him without having Mr. Oliver's opinion, who drove the coach. I went to Mr. Oliver, he said he believed he was the man.

Could you discern the colour of his clothes? No, it was so dark I could not; it appeared to be a dark colour.

Cross Examination.

Had the man his hat slapped? - Yes.

He was I suppose looking into the coach most of the time? - Sometimes he looked at me and bid me look the other way; I leaned my head on the coach.

HENRY OLIVER sworn.

I drove the coach. It was stopped a few minutes before twelve o'clock; I was going on a good pace; a man came by and rode round the set of horses. I said to the person behind the coach, what is all this? He said, he did not know; the words were no sooner out of my mouth but that man came to the off side of the coach. he used rough language and bid me stop. As soon as he had bid me stop he rode up to the coach door and demanded their money.

Was there another man with him? - Yes; the other man went to the other door; they robbed the people in the coach.

Did you hear what they said? - Not particularly; they used very rough language.

Did you observe whether they had any arms? - No. I turned my head behind me; they bid me look the other way. I cannot say I saw any arms.

How long might they stay with the coach? - I suppose three or four minutes; they were pretty quick about it; then they made the best of their way to another coach which belonged to the same company. They stopped the other coach just by the side of me; then they told me I might be d - nd and go along.

Should you know either of the persons if you saw them again? - I cannot say I have any idea of their persons farther than their voice; I was obliged to look another way.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

LYDIA LAWLEY sworn.

The prisoner is my son.

Does he lie in your house? - Yes; he laid at my house on the 5th of June; he went to bed between eleven and twelve o'clock; our shop is not shut up till past nine. I keep a coal shed.

What time did you go to bed? - Not till two. I was walking about all that time, I never sat down; after he was in bed I fetched the candle down from him; he was never out all that night.

Court. How came you to recollect that it was the 5th of June? - Because it was the day on which the King's birth day was kept.

How came you to be up so late? - I was up till two o'clock all that week, on account of the disturbance; my husband was out of temper with me that night; and that made me sit up so late.

- KIRK sworn.

I am a steel seal engraver, and keep a shop in St. Paul's Church-yard. I have known the prisoner from his infancy; he is an industrious young man; his father being a very idle man, it was remarkable the care the prisoner took of his mother; he worked for me from a boy till within these five weeks; he was always very industrious; he has worked from four in the morning till twelve at night, that I should not be disappointed of my work.

Mr. GRIGG sworn.

I am a student in the Temple. I have known him some time; he is a very industrious man.

- TURNER sworn.

I am an upholsterer. I have known the prisoner eight or nine years; he is a sober honest industrious hard working young man

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

341. ANN POWELL , otherwise WYNNE , otherwise MIDGLEY , otherwise HARVEY , otherwise KING , was indicted for stealing a silver tea spoon, value 1 s. a gold ring set with stones, value 15 s. a child's frock, value 3 s. a muslin handkerchief, value 18 d. a silver buckle, value 2 s. a silk gown, value 12 s. a muslin apron, value 1 s. a pair of stuff shoes, value 2 s. a linen napkin, value 1 s. a linen towel, value 1 s. and a child's linen cap, value 6 d. the property of Thomas Smith , in the dwelling-house of the said Thomas , March 7th .

MARY SMITH sworn.

I am the wife of Thomas Smith . The prisoner's sister lodged in our house six years; she is gone away now. The prisoner used to stay with her three or four months at a time. I missed three aprons and a muslin handkerchief sometime in the beginning of March; her sister was in the Borough, but the prisoner was in the house at the time.

How long was her sister from home? - About three weeks. I mentioned the loss of them in the house, hoping they would be brought back again. I mistrusted the prisoner had them. The handkerchief was taken out of a drawer in the fore room; the aprons from a box in the back-room; they were not my own, they were brought to me to wash.

What did the prisoner say when you mentioned the loss of the things? - She frequently said she could swear to the apron's being in the back room; that was my apron. She went away in a few days afterwards, and I immediately missed saveral things. Whe n I found she did not return, I suspected some things were gone. She did not come home all night, nor all the next night; then I missed a silver tea spoon, a child's silver buckle, a gold ring set with stones, a child's frock, a silk gown, a pair of stuff shoes, a muslin neckcloth marked with a T and an S, a napkin, a towel, and a cap. I did not miss the napkin and towel at that time; I found them at a pawnbroker's afterwards.

When did she go away? - About the end of March. I missed the tea spoon the next day. I made enquiry after her, but could hear nothing of her for some time; three months after I heard she was in Tothilfields Bridewell.

What became of her sister? - She left my lodging; she lives near to me. A person told her that her sister was in Tothilfields Bridewell; I heard that and went there; I desired her to tell me where the things she had taken were; she asked me if I had any paper about me; I said no, but I could get some. A person who was with me went and got some paper, and she began to set down where the things were. She said her hand shook, and then the person set them down for her.

Who is that person you took with you? - John Lewis , he is a shoemaker and lives in the house; I was present when he wrote down where the things were. He has the account now.

What did she say for herself? - She made no excuse at all; I said nothing about the gown she had on her back, which was mine, because it was spoiled. It was a pea-green silk gown. I said to Lewis, that is my gown, what shall I do? he said mention it; I said it was of no use to mention it, it was spoiled. I did not mention it to her till the next day.

Did she say any thing at any time how she came by the things? - She made no apology. I asked her where the things were, and she set them down. The next day when I mentioned the gown to her she said that was not a place to come to to upbraid her. I mentioned it again before the justice; then the prisoner said it was only a dyed gown.

Prisoner. Whether I did not live at Mrs. Ewlet's, the White Hart, in Mary-le-Bone, at the time she missed those aprons?

Smith. She had left her service, and was come to her sister's at that time.

JOHN LEWIS sworn.

I went with the prosecutrix to Tothilfields Bridewell, and saw the prisoner. Mary Smith asked her what she had done with her things; she said she had pawned some of them. Mary Smith asked her if she would give her an account where they were? She said she would give an account if Mary Smith had any paper. I went and got some paper, and she began to write the account herself; she said her hand trembled, so she desired me to write the account for her. This is the account (producing it).

Was any promise made to her to induce her to confess? - Not in my hearing.

Was there any promise made to her before that? - Not in my hearing. This is the account I took from her mouth at the time:

"A silver tea spoon, a ring, a child's frock, a white handkerchief, and a silver buckle."

Did she say where these things were? - Yes, I went the next morning before Justice Hyde, in St. Martin's-street, and the prisoner was examined, and remanded till the Monday following. I went before Justice Hyde again on the Monday, then the Justice sent an order to Mr. Dobree, a pawnbroker, in Oxford street, to bring the things; I carried the order to Mr. Dobree. Two of the articles were produced in the shop, a handkerchief and a child's frock; the other things could not be found.

To Mary Smith . Did you go to the pawnbroker's with Lewis? - Yes, I went with Lewis from the justice's to demand the things; the pawnbroker bid me call again, and he would look up the other things. He said she had taken the silver buckle and ring out of pawn at the end of March. The pawnbroker said I was very welcome to the things, but he would not be at the trouble to come here.

(A handkerchief, a child's frock, a cap, and a napkin, were produced in court, and deposed to by the prosecutrix.)

To Lewis. Read over the things one by one which she confessed she had pawned. - One silver tea-spoon.

To Smith. What is that worth? -

Smith. Eighteen pence.

Lewis. A ring.

Smith. I have set that down fifteen shillings; it cost twenty-five shillings.

Lewis. A child's frock.

Smith. I set that down three shillings.

Lewis. A white handkerchief.

Smith. That is worth eighteen pence.

Lewis. A silver buckle.

Smith. That is worth two shillings.

You do not know what things she took away except from the account she gave you? - No.

PRISONER's DEFENCE.

My mother and sister lodged in this person's house seven year; I used to make that my home when out of place. I used to do any thing she wanted; when she wanted money to pay her washerwomen she sent me to pawn things for her; she knows she gave me orders to do it to bring money to her. She sent me last March to pawn that frock for eighteen pence; I pawned it at Mr. Powell's and brought her the money; as to this gown I was to buy it of her. She said she would have half a guinea for it. I said, I thought it was too much for a dyed gown. I told her I would give her seven shillings for it. She heard that her husband cohabited with a woman in the street, and asked me to go with her and lent me the gown, a long Bath cloak, and a pair of shoes.

To Smith. Is that true that you lent her this gown? - It is not true; I never knew she had it on her back.

Did you ever send her to pawn any of these things? - No, I never sent her to pawn any thing, to the best of my knowledge.

Prisoner. She sent me to pawn three gowns for a guinea on Saturday night. I have pledged several things for her.

What was that silk gown worth at the time it was taken?

Smith. It cost thirteen shillings and sixpence making up; I have charged it twelve shillings. I charge nothing for the silk.

GUILTY of stealing the goods to the value of 39 s.

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

342. RICHARD WILSON was indicted for that he, with a certain offensive weapon, called a cutlass, upon Edward Webb , feloniously did make an assault, with intent, the monies of the said Edward, to steal , May 14th .

EDWARD WEBB sworn.

I live in St. Chad's-row, at the bottom of Gray's-Inn-lane. On the 14th of May, at about ten minutes after ten o'clock at night, I was stopped by the prisoner in Gray's-Inn-lane road , about thirty yards from the Blue Lion.

Was it light enough to be sure to the man? - I really believe him to be the person; I would not wish to swear positively to him. I was stopped by three men. I had seen the prisoner the evening before; when he came into my shop for some eggs. The three men came up with their cutlasses and said D - n your eyes, or blast you, your money. I said, you are joking, you do not want money. They repeated the same again, and struck me on the head with a cutlass, which cut my hat and the shoulder of my coat.

What sort of night was it? - Moonlight, but over cast. They did not rob me, for my wife and another person who was with me gave an alarm at the Blue Lion and the people there came out to my assistance.

CATHERINE MORGAN sworn.

I was with Mr. Webb; we were walking up the road three men stopped us and demanded our money; while they were with Mr. Webb, his wife and I went and gave an alarm at the Blue Lion.

Is either of the men here who stopped you? - The prisoner at the bar is one of them.

Are you sure he is one? - I am not sure, I believe he is.

What makes you believe he is one? - By what I could see of him before he came near us.

To Webb. Where did you afterwards meet with the prisoner? - I took him on the Wednesday after, just below my house. I saw him the next day with another man, but was afraid to take him then.

What was he doing when you took him? - Walking about in the neighbourhood where I live. He said, he was serving an execution for an officer in Fullwood's-rents, the morning that I took him.

Cross Examination.

How came you to take him afterward if you was not sure he was one of the men who robbed you? - I really believe him to be one of the men.

You took him upon suspicion? - Yes.

Jury. You had seen him before? - Yes.

If you had not seen him before should you have taken him up? - Without doubt I should, from what I saw of him that night.

Jury. Had you any idea he was a person you had some knowledge of at the time he stopped you? - I had.

Prisoner. I leave my defence to my counsel.

For the prisoner.

JOHN KASAR sworn.

I have known the prisoner seven years; he is a civil honest man; I never heard any thing amiss of him.

LAWRENCE CROW sworn.

I have known the prisoner seven years; he has lodged with me off and on for that time. He was a-bed at the time; this was Whitsunday at night; he went to bed between nine and ten o'clock. I called him out of bed to take care of my horse, which was at the door. He put his breeches on and came down and took my horse, and went to bed again immediately. I lay on the ground floor. I am sure he was not out.

Court. What are you? - An officer in the court of Fullwood's-rents; he goes out with me to do business. I sent him with an execution to Battle-Bridge the day he was taken up.

ANN TAYLOR sworn.

I live in Bow-street opposite the last witness. I have known the prisoner three years; he bears a very good character. Between nine and ten o'clock on this night I served him with a pint of small beer, and he went home directly with it.

MARY BROWN sworn.

I have known the prisoner from a child; he is a sober honest lad; he bears a good character. My mother has left him in the house, when she has been down in Kent, with pounds and pounds in it.

ELEANOR STEWART sworn.

I have known the prisoner four years; he is a very honest sober lad.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

343. LEONARD SULLIVAN was indicted for stealing a silver watch, value 42 s. and two muslin aprons, value 4 s. the property of John Barnard , in the dwelling-house of William Wilcox , June 22d .

JOHN BARNARD sworn.

I live with Mr. Wilcox, in Johnson-street, Old Gravel-lane . I am a biscuit-baker , my business obliges me to work in the night. On the 22d of June, between the hours of eleven and twelve o'clock at noon I was waked by Mr. Wilcox's daughter, who told me that a man had stole my watch. I got up and went down stairs. Mrs. Wilcox told me they were gone to Justice Sherwood's; I went after them, and overtook them in Old Gravel-lane, and went with them to the Justice's, and the watch was delivered to me there by Mr, Wilcox.

WILLIAM WILCOX sworn.

I was standing in my warehouse upon the 22d of this month, about half after eleven o'clock, I was alarmed by Mr. Barnard's wife, that a man had been in their apartment and had stolen the watch; I ran out into Johnson-street, and into Old Gravel-lane. Mrs. Barnard ran after me. The prisoner was just at the bottom of Bostock-street, he cried stop thief! and ran up Old Gravel-lane as fast as he could. Mrs. Barnard said you are the thief. I made towards him, and he turned back again and ran up Bostock street. I ran up Bostock-street, and cried stop thief! he did the same; he ran into Broad-street, and into Johnson-street, where the robbery was committed, and a young man at my warehouse laid hold of him. We pulled him into the warehouse, and I saw him take the watch out and throw it into a bin, which was made for potatoes; I took the watch out of the bin, and kept it till we got to Mr. Sherwood's office.

(It was produced in court and deposed to by the prosecutor.)

Did you see the prisoner as soon as you came out of the door? - When he went out of my house, he went out the other way, and came down Bostock-street; I did not see him till I saw him at the bottom of Bostock-street. Here is a little girl here saw him come out of the room.

SUSANNAH WILCOX .

How old are you? - Twelve years old.

Do you know that you ought to speak the truth when you are upon your oath? - Yes.

She is sworn.

Did you see any body go out of Mr. Wilcox's house? - As I was sitting in the back kitchen at work, I thought I heard somebody come into the room; I got up, and went down the passage to see who it was, and saw the prisoner come out of the room.

Did you see the prisoner come down stairs? - No; it was in the lower room.

Do you know the man? - Yes; that is the man. (Pointing to the prisoner.) I am sure that is the man; he had the same clothes on then that he has now. I went into the room and missed the watch; it used to hang over the fire-place. I called to Mrs. Barnard, that the watch was gone. My mama and Mrs. Barnard both went out together.

Did you describe the man? - I told Mrs. Barnard what sort of a man it was; Mrs. Barnard went to the warehouse, and called my dadda. I was in the warehouse when they brought the prisoner back. I am sure that is the man I saw run out.

THOMAS PERRY sworn.

I was at the warehouse door; I stopped the prisoner when he came to the warehouse; Mr. Wilcox was close behind him. I saw him pull the watch out of his right-hand pocket, and throw it into the bin; there were two aprons found upon him and a snuff-box, when he came to the justice's.

To Barnard. What is the value of your watch? - It cost me three guineas and an half; it is now worth two guineas.

PRISONER's DEFENCE.

Coming along the street where this happened, I saw a man come out of the house belonging to this gentleman, and run as fast as he could; the child came out, and said, there was a thief gone by, who had taken a watch and some aprons. I pursued the man till he ran by the warehouse; I saw him throw the watch into the bin, then a man laid hold of me; there were a great many people ran by.

GUILTY of stealing the goods to the value of 39 s.

Tried by the First Middlesex Jury before Mr. Justice NARES.

[Imprisonment. See summary.]

344. DEBORAH HORSMAN , widow , was indicted for stealing a silk stuff gown, value 3 s. two linen shifts, value 1 s. 6 d. a linen petticoat, value 2 s. a pair of silk stockings, value 1 s. seven linen caps, value 2 s. two silk cloaks, value 5 s. a muslin apron, value 1 s. three linen neck handkerchiefs, value 3 s. a pair of stuff shoes, value 2 s. 6 d. and a silk tersah, value 1 s. the property of Sarah Harman , June 19th .

SARAH HARMAN sworn.

I live at Walham-Green; I lost the things mentioned in the indictment (repeating them) on the 19th of June. As I was sitting on the steps of a door in a street near Soho; the prisoner came to me; I had a bundle containing these things, with me. The prisoner asked me where I was going? I told her I was going to Bexley to my grandmother. She said she knew my grandmother very well. She took me half over Westminster-bridge; she then said she would go back and dress herself and go with me. She took me into a court in St. Giles's where she said she lived; she was to get some dinner and dress herself; after we had dined she told me she would go with me to Bexley, but she would first take my things to a publick-house and leave them while I went with her to buy some tea and sugar; she accordingly took them.

You went together to the publick-house? - Yes; but I did not go in with her; she went and drank some gin and left me on the outside; she took me away from this publick-house, saying, she would go and buy some tea and sugar; she took me to another publick-house and left me there; then she went to the first publick-house and took the things away, as will be proved by the person of the house. I saw her no more till the next day.

Prisoner. Can you say with a safe conscience that I took your things without your consent? - Yes, she did.

Did you know her before? - No, I never saw her before.

Are you sure she is the same person? - Yes, I am very sure.

MITCHEL DREWETT sworn.

The prisoner brought a silk and stuff gown to me on the 19th of this month to pledge and I lent her three shillings and sixpence upon it.

(The gown was produced in court and deposed to by the prosecutrix.)

WILLIAM JOLLY sworn.

I am a constable. The prosecutrix came to my house with the prisoner, and gave me charge of her. I took her to Justice Hyde's, in St. Martin's-street, and she was examined there. When she was at Justice Hyde's I searched her and found the pawnbroker's duplicates upon her, one of the duplicates was for this gown; she pledged it in the name of Jones.

Is the name of the pawnbroker upon the ticket? - They never put their names on them. I found nothing else upon her; I found the things at St. Giles's (producing a bundle of things which were deposed to by the prosecutrix.) She said nothing to me only what she said at Justice Hyde's.

PRISONER's DEFENCE.

The girl gave me the things to carry to pawn for her.

To the Prosecutrix. What day was it the prisoner took the things from you? - Last Monday week. I went to Mr. Townsend to find out the prisoner if I could, and we met her accidentally, in Soho; she had part of the property upon her at the time.

Why is not Mr. Townsend here? - He is at home at work; he was not on the back of the indictment, and he did not imagine it was necessary for him to be here.

GUILTY of stealing the goods to the value of 10 d.

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER.

345. ELIZABETH BREEZE was indicted for breaking and entering the dwelling-house of Mary Shearman , widow , on the 25th of June , about the hour of seven in the afternoon ( Sarah Shearman , spinster, and Elizabeth, the wife of James Donald , then being in the said dwelling-house) and stealing six linen shifts, value 18 s. a linen gown, value 6 s. two linen bed-gowns, value 4 s. five linen aprons, value 4 s. five linen handkerchiefs, value 3 s. two linen pillow-cases, value 1 s. 6 d. six linen caps, value 3 s. a pair of fustian pockets, value 6 d. an ironing-cloth, value 6 d. two pair of linen shift sleeves, value 2 d. a linen towel, value 2 d. a black callimanco petticoat, value 5 s. and a white sattin cloak, value 10 s. the property of Mary Shearman , June 25th.

(The witnesses were examined apart at the request of the prisoner.)

MARY SHEARMAN sworn.

I went out last Sunday; when I came home at about eight o'clock at night, I found a great mob round the door, and the prisoner in the house.

SARAH SHEARMAN sworn.

I am daughter to the last witness. On the 15th of June, at seven o'clock at night I was up one pair of stairs drinking tea. I left the house all fast; when I came down I found the window broke, and Margaret Moncaster had stopped the prisoner; the drawers were stripped of all the things mentioned in the indictment ( repeating them.)

What is the value of all those things? - Thirty shillings; they were in the lower room; they are my mother's property.

How did the prisoner get in? - A pane of glass of the window was broke, and the casement was opened by that means.

Was that pane of glass whole when you went up stairs? - It was.

Was you alarmed and called down? - Yes. When I came down the prisoner was in the wash-house; she was stopped by Margaret Moncaster .

Had she the things in her custody when you saw her? - No; they were in the wash-house.

Where had they been taken from? - Out of the drawers; they were in the drawers when I went up stairs.

What part of the wash-house were they in when you came down? - At the farther end of the wash-house; she was at the entrance; the drawers were in the lower room where she broke in.

Who was in the house with you? - A lodger, Elizabeth Donald ; she lives in the one-pair-of-stairs.

MARGARET MONCASTER sworn.

Last Sunday evening, at about seven o'clock, I was up at one Mary Toy 's, in St. Martin's-court, Catherine Wheel-alley; Mary Shearman lives at the corner of the court; the window we looked out at commanded Mrs. Shearman's garden, which is the back of her house; I saw the prisoner come out of the wash-house and turn to her left hand, and get in at the lower kitchen window.

By what means did she get in? - Upon her hands and knees.

How did she get the window open? - I do not know; I heard the glass fall; she was in the place for a quarter of an hour, as high as I can guess; she returned out with a red cardinal on, which she had on when she went in; she had nothing in her hand. She went into the wash-house and staid some time, then she came out without her cardinal, and went into the kitchen the same way she had before. She staid a short time and then came out with a bag or a bundle, I cannot say which, Mrs. Toy said to me there is a woman with a bundle coming out of Mrs. Shearman's window. I said I would go down and see if any of them were at home. I went down, and when I came to the street door I found it was fast. I put my hand to the latch and lifted it up; I went through the entry and pulled the back door open, and in the wash-house I saw the prisoner; I clapped my hand upon her shoulder, and asked her what she did there? she said nothing. I asked her what she had done with the bundle she had pulled out of the window? Then I turned to the stairfoot and called to know if any body was in the house; Mrs. Shearman's daughter came down. I held the door to keep the prisoner in the wash-house till somebody came in; then I sent for Mr. Matthews.

Did you see the bundle in the wash-house? - I did.

MARY TOY sworn.

I was looking out of the window; I saw the prisoner go into Mrs. Shearman's window, with her hat and cloak on; I saw her come out, and then she went in again. She went in without her cloak, and when she came out again, she pulled a bundle out at the window. Moncaster ran down stairs to stop the prisoner, and I ran as fast as I could after her; when I got to Mr. Sharman's I saw an empty bag, and the things lying upon the dresser in the wash-house? - I got Mr. Blake, a gentleman at the next door to come in and then Margaret Moncaster, went for a constable.

- MATTHEWS sworn.

I am one of the beadles of the parish of St. Mary's, Whitechapel. I was sent for to apprehend the prisoner, about seven o'clock. When I came in, I saw some linen lying in the wash-house; I asked whose they were; Shearman said they were her's; that the woman had got into her room and had taken them out. I asked how she got in; she said she broke a pane of glass, undid the turnbuckle, and took them out.

This was said in the presence of the prisoner? - Yes. They were put into a bag all together, and the mouth of the bag was tied up. I then said have you searched the prisoner? they said no. I said take her into the room and let her be searched, but take care she does not drop any thing, As they were taking her into the room, she dropped some handkerchiefs, which they took up and delivered to me. I did not see her drop them; I handed them over to Mrs. Shearman, who said they were her's.

(They were produced in court and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

That woman did not catch me in the room; she did not see me break any windows. When she saw the glass fall why did not she come and take me then. I have no witnesses.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

346. WILLIAM PATEMAN was indicted for that he together with twenty other persons and more, did, unlawfully, riotously, and tumultuously assemble on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Robert Charlton against the statute, &c.

JOHN CARRICK sworn.

I am journeyman to Mr. Charlton. On the 7th of this instant, the mob came to Mr. Charlton's; the prisoner came to me, I was at the corner of Mr. Charlton's house; he asked me if I knew what that house was, meaning Mr. Charlton's; I said no, no more than he, I was a stranger. He lifted up his hand to my head, and said if I told him a lye he would knock my brains out.

Had he any weapon in his hand? - I do not know that he had.

Were there a great number of people rioting then? - Yes. He turned away from me, and I went to a friend's house. In about a quarter of an hour I returned into the street; I saw the prisoner ringing a bell and collecting money.

What condition was Mr. Charlton's house in before the mob came? - In a very good condition.

How was it when they went away? - In a very deplorable condition; the window frames were entirely destroyed, and I believe the wainscoting except one room on one side. The goods were entirely destroyed up two-pair-of-stairs; part of the garret floor was destroyed.

Do you know any thing more of the prisoner? - No.

WILLIAM PARRY sworn.

I live in the Poultry. I have a private house in Coleman-street , next door but one to Mr. Charlton's; on the 7th of June, about two o'clock, I came to my own house; I saw a number of riotous people assembled at Mr. Charlton's, breaking and destroying his goods and furniture, and throwing them into the street. I immediately sent my son to the Lord Mayor to request the favour of him to send some assistance. Alderman Bull came into the street about three o'clock; he stopped his carriage opposite Mr. Baker's the distiller's house; there was a lane made through the mob for the prisoner to go to Mr. Bull's carriage; he went up to the alderman and conversed with him some time.

Had you seen the prisoner before? - Yes. Sometime before I saw him near the house at the pile of household furniture and wainscoting. He was breaking it, and loading it into a cart, which I understood was to take it into Moorfields to be burnt. I saw it go down Coleman street.

What number of persons do you suppose there were about the house and in it? - There were many hundreds there who had blue cockades.

Did you apprehend the prisoner to be the leader of the mob? - I did.

What was this line made for him? - He went up to the carriage; he had some conversation with Mr. Bull. I was at my window and did not hear what it was; he then left the carriage and went to the house.

Did you see him afterwards? - Yes, taking an active part in loading away the furniture and part of the dwelling-house; and I saw him afterwards going about the neighbourhood and demanding money.

Did you hear from the prisoner what the money was collected for? - No.

Or from any one in his company when he was present? - No.

Cross Examination.

Did you know the prisoner before? - No.

You was looking out at your dining-room window? - I was.

Where was the cart? - A little below the pile. The pile was opposite Mr. Charlton's house; their heads were turned towards Moorfields. The pile was on the side of the house towards Cheapside; not above fifteen or twenty yards from it.

Are you certain to the prisoner? - I am.

He was only employed about the cart, you did not see him in the house? - No.

Court. Did you see the prisoner there before the mob began to demolish the house of Mr. Charlton? - I did not; they had begun before I got there; they began the mischief, I believe, about two o'clock; I first saw the prisoner, to the best of my knowledge, about half an hour after.

Jury. Did he go to Alderman Bull's coach in a peaceable or an hostile manner? - In a peaceable manner.

Was he less active after he had been to Alderman Bull? - No.

Court. How long did it take to demolish this house? - 'Till between five and six o'clock.

Did you see the prisoner busy about the pile while they were pulling down the house? - I did

JAMES WHITE sworn.

I am porter to Mr. Charlton, in Coleman-street.

Were you there on the 7th of June last? - Yes. I was there, to the best of my knowledge, about two in the afternoon; the mob came about two o'clock.

What numbers might they consist of? - About six or eight at first, but the number encreased to two or three hundred I suppose.

Did you see the prisoner among them? - Yes, he was the first who came up to the door about two o'clock; he asked for the books. I told him there were none in the house.

Did he mention any particular books? - No; he knew what the people were by all account. I told him there were none. The prisoner with about a dozen more rushed into the house before I left the door, and I saw no more of him afterwards; I suppose they went up stairs, for the furniture of the dining room was begun to be thrown out in five minutes after.

Cross Examination.

Did you ever see the prisoner before? - No.

Was not you very much frightened when the mob came? - Yes.

Do you know any thing of the other ten or a dozen men? - No; the prisoner was the tallest of them all. I was not very much frightened.

Jury. You was not so much frightened but you can recollect the person of the prisoner? - I can; he came first up to the door, and was the first who came into the house.

Jury. You said he spoke to you? - Yes, he did.

Did any of the rest speak? - Yes.

Court. Should you know any of the other persons if you were to see them again? - I cannot tell.

How long had you an opportunity of observing the prisoner? - For full ten minutes.

Are you sure the prisoner is the man? - Yes, else I would not take my oath of it.

When did you see him again? - Not till to-day in Wood-street Compter.

Who took you there? - A young gentleman who will give his evidence, Mr. Jaques.

Did he show you the prisoner, or did you see him with others? - I knew him as soon as I saw him among the others.

Counsel for the prisoner. Was you taken to the prison to-day to see the prisoner in order to know him when you came here? - I was taken to see him, to know if I had seen him before.

Jury. Was you not before the magistrate? - I was not called upon to go.

BENJAMIN SHORT sworn.

I am a butcher, and live next door to Mr. Charlton, in Coleman-street.

Do you remember seeing the prisoner there on the 7th of June? - About three quarters of an hour after the mob came, I saw him in the house; when they first went in they broke some bottles of aqua fortis, which set fire to part of the counter. I took in some water to put it out; then I saw the prisoner at the foot of the stairs.

Do you recollect whether he was doing any thing at that time? - I cannot recollect that he was doing any thing at that instant. I saw him afterwards in the street standing upon the wood, which had been thrown out of the window into the street; afterwards I saw him loading it into carts.

Are you positive the prisoner is the man? - I am.

Cross Examination.

It was three quarters of an hour after the mob came before you saw the prisoner? - Yes.

If he had been there before you must have seen him? - Yes, I saw all that passed.

Did you see Alderman Bull's coach come? - I did not see Alderman Bull's coach there that I know of.

Jury. Did you see the first persons who broke into the house? - Yes.

Do you know whether the prisoner was or was not one of those persons? - He was not.

DODSON WARD sworn.

I live in Basinghall-street.

Was you in Coleman-street on Wednesday evening the 7th of June? - Yes, at the house of Mr. Perry; I was there about two o'clock.

Do you recollect seeing the prisoner in the street? - Yes, perfectly.

What time did you see him there? - I saw him frequently.

What was he employed in? - I am sorry to say I saw him demolishing the furniture and wainscoting which were thrown out at Mr. Charlton's window.

Do you remember whether he had a blue cackade in his hat? - I will not be certain, I believe he had.

Are you positive that the prisoner is the man? - That is the man, I am very clear.

Court. You saw him demolishing the furniture and wainscoting of the house, was that after they had finished the demolishing of the house, or while they were about it? - While they were about it.

HIGGINS EADEN sworn.

I live in Coleman-street.

Was you in Coleman-street at the time the mob assembled? - I was at home from one to four o'clock; I saw the prisoner come up the street with four or five other men; he stopped opposite my door; then he, or one of his companions, said, this is a distiller's; they then turned about and went to the house of Mr. Charlton; I saw the prisoner enter the house, and with some instrument, some time after, destroy the sashes of the shop.

How long was that after he went in? - I suppose not more than twenty minutes or half an hour; I saw him afterwards destroying the goods which were thrown out of the house, and assisting in loading them into the cart, and, to my great astonishment, I saw him step to the pile of goods, which were thrown out of the house at that time. Mr. Sheriff Pugh was there with the Guards, I think that was nearly the last time I saw him.

Are you or not sure the prisoner was the person of whom you have been speaking? - I am positive to his person.

Cross Examination.

You had not seen him before? - I had not, but I saw him for three hours then.

When did you see him again? - At Guildhall.

Was he dressed the same as he is now? - No, he was not.

May not you be mistaken in the man? - I believe I am not.

Court. You said you saw him with some instrument in his hand destroying the sashes in the shop, do you know what instrument that was? - No, I do not know.

But are you sure as to the man? - Yes, there were three others with white frocks, I think I should know them again.

Prisoner. I leave my defence to my counsel.

For the prisoner.

JOHN MARLOW sworn.

I have known the prisoner five months; he has been in town about nine months; he is a wheel-wright; I never knew any thing against him in my life; he is a very honest industrious young man. I am fellow-servant to his sister; I know him by his coming backwards and forwards to see her.

HANNAH STURGE sworn.

The prisoner has lodged in my house between six and seven months; he is an honest good-natured young man; he is a wheelwright; she works for Mr. Higgins.

JAMES CLARK sworn.

I have known the prisoner nine months, which is ever since he came to London; he worked for me when he first came to town; he bore a very good character while he worked for me; I never saw him in liquor during the ti me.

JOHN HIGGINS sworn.

I am a wheel-wright; the prisoner has worked for me six months; he is the best man I have in my shop. I do not know that while he worked for me he was drunk once; he is an honest sober man as ever lived.

JOHN KAY sworn.

I have known the prisoner ever since he has been in town; he bears a very good character; his sister has lodged with me.

GUILTY ( Death .)

Tried by the First London Jury before Mr. RECORDER.

347. JOSEPH LARCHER was indicted for stealing a gauze cap, value 7 s. a pepper box, value 3 s. a tin saucepan, value 1 s. a coffee pot, value 1 s. and two earthen mugs, value 9 d. the property of Samuel Jenkins , May the 19th .

JANE JENKINS sworn.

I am the wife of Samuel Jenkins . Upon the 19th of May I was moving from Union-court, at the bottom of Holbourn , to Fetter-lane, about ten o'clock on the Friday night; I cannot say how the things were stolen, I can only speak to the property.

JOHN HALEY sworn.

I went by, on the 19th of May, about ten o'clock in the evening, to carry a letter to Carnaby-market from Chick-lane; I saw a coach stand by Union-court; as I passed it I met the prisoner and another person just by the coach. I knew the prisoner to be a bad lad, I had a suspicion of him. I stopped about thirty yards from the coach; I saw him open the door and step in the inside of the coach and take this box and run up Holbourn. I stopped him when he had got about thirty or forty yards from the coach.

Did you secure him? - No, I could not hold him and the box too. I gave the alarm of Stop thief. The coachman was standing by the coach; I gave the box to him after the man was stopped.

If the coachman was standing by the coach how could this man get into the coach? - The coachman was on one side going to give some hay to his horses, the prisoner stopped on the other side and got in; he was stopped in Hatton-garden.

You knew him before? - Yes.

Are you sure the prisoner is the man? - Yes, he was not out of my sight till he was stopped; when he was stopped the mob came round him so that I could not see him when I got almost to him.

Is the coachman here? - No.

You do not know what the box contained? - I did not then, I do now; I saw it opened before the Lord Mayor; I am sure it is the same box.

JOHN BALLARD sworn.

I am a constable; I received this box from Mr. Sutton at the watch-house, John Haley was with him.

To Haley. Who did you deliver the box to? - To the coachman, and I saw him deliver it to Mr. Sutton, and saw Sutton deliver it to the constable.

Was it ever out of your sight till the constable had it? - It was out of my sight when the coachman had it, because there was a crowd came about the coachman.

To the Constable. Have you kept the box ever since? - Yes; the things were locked up in it; the prosecutrix has had the key ever since; they have all been in my possession, except the cap which she begged the Lord Mayor to let her have the use of, being short of caps.

(The goods were produced in court and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I was going along Hatton-garden and a person called stop thief! I went to see what was the matter, a man laid hold of me and said, I had taken a box out of a coach; I know nothing of it.

GUILTY . Fined 1 s.

Tried by the First London Jury before Mr. RECORDER.

348, 349. ROSE FITZPATRICK and MARGARET FIELD were indicted, the first for stealing two silvertable spoons, value 14 s. a silver pap spoon, value 2 s. two silver tea spoons, value 2 s. a linen shirt, value 6 d. a cotton bed-gown, value 2 d. the property of John Grant ; a cotton jacket and petticoat, value 5 s. two dimity petticoats, value 2 s. a muslin petticoat, value 2 s. two linen shirts, value 2 s. three pair of cotton stockings, value 18 d. three muslin caps, value 6 d. the property of Joseph Cozani and the other as an accessary after the fact for harbouring and concealing the said Rose Fitzpatrick, well-knowing her to have committed the felony , May 13th .

JOHN GRANT sworn.

I live in King-street, St. Giles's the prisoner was my servant . She came on the Thursday, and robbed me on the Saturday following, which was the 13th of May. On Sunday morning I found the prisoner in a house in Jackson's-alley; my goods were on the table.

Whose house was it? - I believe Mary Field 's. The constable, Moses Morant , has the goods.

Are you sure Fitzpatrick is the person who lived with you? - Yes, I am; my wife and I were both out; my wife went out to market about ten in the evening; she left the house with only the prisoner and two children in it; one of the children was three years, and the other nine months old. We came both home by eleven o'clock; we could not get in; we were obliged to get a ladder to get into the house.

ANN GRANT sworn.

The prisoner Fitzpatrick lived servant with me two days; she came to me on the 11th of May and robbed me on the 13th the things were in the house when I went out; I missed them (repeating them) I know all of them to be mine.

Prosecutor. They were found in Field's apartment.

How do you know that? - I do not know it; I believe the other prisoner slept with her all night. By the report of the neighbours it was her apartment. The constable found Fitzpatrick concealed in the coal-hole.

ELIZABETH COZANI sworn.

I lodge at Mr. Grant's.

Do you remember the prisoner living with Mrs. Grant? - Yes, very well. I had only lodged three days in the house when she robbed us. I had been out on Saturday; I came home about a quarter after ten; I knocked several times but could make nobody hear; I went away and came again after eleven o'clock; then Mr. Grant said the maid was gone. I went up stairs and missed a bundle of things (repeating the things charged in the indictment as her property).

You are sure they were in the house when the prisoner was servant there? - Yes; I missed them that night. On the Sunday morning Mr. Grant told me he had found them at the other prisoner's house. I saw them before the justice.

MOSES MORANT sworn.

On the 14th of May Mr. Grant came to Sir John Fielding's office to lay an information against the prisoner Fitzpatrick; he told me she lodged in King's Head-court; I went there and was informed she was in Jackson's-alley, in the house of Mrs. Field. We went there; I saw a woman come out; I asked Grant if that was the woman; he said no. I then entered the house and asked for Rose Fitzpatrick; they told me she had walked out. I went up stairs to look for her, and I went into the yard, but could not find her. I then saw a door between the room and the stairs which went into the coal-hole; I opened that door and there I found Rose Fitzpatrick; Eield had denied her. When we first went in we saw a bandbox on the dresser, facing the door, which Mr. Grant said he knew very well.

What room was that? - The ground-floor; there is but one room in a floor all up the house. There was a bundle; we asked Mrs. Field whose it was; she said it belonged to Rose Fitzpatrick. I took the spoons out of the bandbox; the other things were of no value; I gave them to her again.

Grant. I know the bandbox to be her's.

Field said the bundle was her's? - No, that it was Fitzpatrick's. She did not deny any thing Fitzpatrick brought into the house, only when she was in the coal-hole Field denied her.

Did Field claim any property in any of the things? - No, none. She said they belonged to Rose Fitzpatrick, and when we saw the box she said that was her's likewise.

FITZPATRICK's DEFENCE.

My master came in directly as my mistress went to market on Saturday night, and made me a present of these things; it was by his means I came away. I sent for no witnesses, the people told me it would be of no service to me.

Grant. I am a taylor; I was at a publick-house paying my men, from eight o'clock, and did not come home till eleven.

FIELD's DEFENCE.

Rose Patrick came and asked me to give her a night's lodging. She saw the man come up the court; she ran into the coal-hole and desired me to say she was not there. I did say so. The man took the key out of her pocket, and opened her box, and found the things. I said you wicked woman, how could you bring any body's property into my house.

Grant. She did say so.

BOTH GUILTY .

Tried by the First Middlesex Jury before Mr. Justice NARES.

[Whipping. See summary.]

[Imprisonment. See summary.]

350. ELEANOR FARRELL was indicted for stealing a silver watch, value 30 s. a steel chain, value 12 d. two base metal keys, value 2 d. a base metal seal, value 1 d. a stone shirt-buckle, set in silver, value 2 s. a pair of steel shoe-buckles, plated with silver, value 14 d. the property of John Barker , privily, from the person of the said John , May 28th .

JOHN BARKER sworn.

I was robbed of the things mentioned in the indictment (repeating them) by the prisoner, on the 24th of May I think it was.

What is the value of these things? - Thirty-seven or thirty-eight shillings. I lost some money, but I cannot tell justly what. She was standing at her door in Dyot street . I was rather in liquor; I went in with her. She took the things out of my pocket; I felt her hand in my pocket just as I was going in, I had them then.

Was you sensible when she put her hand into your pocket, and took them? - I did not feel her. She ran down stairs, and then I felt in my pocket and missed them directly.

You are positive that she took them? - I am.

You never found your things again? - No, she was taken up on a Tuesday, about eleven o'clock, that was about a month after. She kept out of the way three weeks.

SOPHIA HOPE sworn.

I lodge at Mr. Cook's house. I was drinking at the Blakeney's Head, St. Giles's. Mrs. Cook desired me to come home about ten at night to see if every thing was safe in the house; I went, and Elisabeth Butler , who is in court, told me nobody had been there; but Farrell and a man who was very drunk, and she was afraid he had been robbed.

Is Mrs. Cook's the place where the prisoner lodges? - She does not lodge there constantly, only at times; I came back and the prosecutor lay drunk in the street; he was taken up by the watchman and constable; he said he had lost his watch; knowing who he had been with, we went in search of her, but never found her till last Monday night; we found her then at a publick house, Sir John Falstaff 's Head. She said she had been on board a ship.

ELISABETH BUTLER sworn.

I lodge at Mrs Cook's; the prisoner Farrel came with the prosecutor and asked me for a candle to go up stairs; I went up with them; when I had been down a little while I heard somebody come gently down stairs; I went out to see who it was, and saw it was the prisoner; she ran up the street as fast as she could; the prosecutor came down soon after; he was rather in liquor; he went out into the street. I did not hear any thing that passed in the street.

Did you say any thing to Sophia Hope that you was afraid he had been robbed? - Yes, she came home to see if all was safe.

PRISONER's DEFENCE.

The night I met this man he pulled me by the sleeve; I thought he was in liquor; I went forward, he followed me. He asked me if I could tell him where he could get a lodging; I took him to this house knowing it to be a lodging house, and he paid three pence for his bed. As I was coming down, he asked me to get him a pint of beer. I said he had had enough, and came down stairs; I know no more of what he charges me with than the child unborn.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

351. JOSEPH SPENCER was indicted for stealing five silver stable-spoons, value 3 l. the property of James Gibson , May 9th .

Mr. JAMES GIBSON sworn.

I live in Weymouth-street, Portman-place . On the 9th of May there were five tablespoons missed out of my kitchen; questions were asked in the house what was become of the spoons, nobody could tell; it was made known to me. I asked my servant when they were missed. She said that on that morning, or the night before, they were in the kitchen. I asked who had been there. She said nobody but a bricklayer to repair the copper; she naturally supposed the man had been sent by me. Knowing I had not sent any person there, I therefore took it for granted that the man had made that an excuse to steal the spoons. I went to Sir John Fielding 's, and told them the story. They said they knew the man, for he had made it a practice for many years, and said they could describe the man better to me than my servant. They described him; when the prisoner was taken I took my maid to Sir John Fielding 's, and she swore to him.

ELIZABETH ATKINS sworn.

I am cook-maid to Mr. Gibson. On the 9th of May the prisoner came down the area and asked me if the labourer was come. I asked him for what. He said to repair the copper. I told him it could not be done then.

Did you know that it wanted mending? - Yes, it did want mending at the same time. He said he must look at it; he had four bricks in his hand when he came; he went to the copper and looked at it, he did not stay a minute; then he went to the scullery-door, and asked me if we did not want something done to the sink. I told him no, nothing there. He said he should come again after breakfast; he took up his bricks and went away.

Were there any silver spoons in the kitchen when he came? - Yes, there were five lay upon the table.

How soon did you miss them? - He came about eight o'clock, I missed them about eleven.

You are sure they were there when he came? - Yes.

Had any body else been in the kitchen? - No, nobody at all.

Are you sure the prisoner is the man? - I am sure that is the man.

Had the man a wig or his own hair? - I thought it was his own hair, I was not certain; I believe it was a wig.

Gibson. The copper was a double boiler; they often complained to me that it was not fit to boil clothes in; I had determined to have it taken down, and put a copper up in the room of it. I told the servant that, but I had not spoke to any person to come and do it.

PRISONER's DEFENCE.

I never was in the place; I wish I was banished out of the country, never to see my friends any more, I should be happy.

To Gibson. What was the value of the spoons? - They cost me 18 s. a-piece, they were perfectly new, I have never recovered any of them again.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice NARES.

JOSEPH SPENCER was indicted for stealing six silver tea-spoons, value 12 s. a pair of silver sugar-tongs, value 13 s. three tablespoons, value 35 s. and a mahogany tea-chest, value 10 s. the property of John Rooding , Esq. in the dwelling-house of the said John , January 25th .

JANE JENKENS sworn.

I live at John Rooding 's, Esq. in Great Russel-street, Bloomsbury . On the 25th of January the prisoner knocked at the door at eight o'clock in the morning; I opened the door to him. He said that he was sent to paint the kitchen and parlour windows. I asked if he was come from Mr. Hugginton, that is the man who painted our house. He answered me yes.

Did your parlour and kitchen windows want painting? - Not that I know of; a painter had lately been looking at the house; he followed me down into the kitchen, and looked at the windows; he came up stairs with me again, and went into the parlour; he opened the lower half-shutter of a window; he told me he wanted a duster to wipe the lodges; I desired him to go down to the cook and ask for a duster; he did so, as I then though; but instead of going down into the kitchen, he went into the back parlour.

How do you know that? - Because the things were lost from the back parlour; he went out and left the door wide open.

Did he leave his pot and brush? - No, he took them away.

Was the door shut before he went out? - It was; in about an hour after he was gone I missed all the things, mentioned in the indictment, out of the back parlour. I saw them there not a quarter of an hour before he came in; I went in to carry something down into the kitchen.

Had you no suspicion when he went away and left the door open? - I was gone to fetch a jug of water for breakfast, the cook was in the kitchen; when I came in I found the door open, I shut it after me.

How soon after you came in did you go to see after the things? - Very soon.

Are you sure that the prisoner is the man? - To the best of my belief he is the man.

Had he his own hair or a wig? - A wig; the same I believe he has now.

Are you sure or not that he is the man? - To the best of my belief he is the man.

What was the value of the things missed? - About thirty-five shillings the table spoons.

What were the tea spoons? - About twelve shillings.

What was the tea tongs? - Thirteen shillings.

PRISONER's DEFENCE.

I know nothing of the woman, nor was I in the house; I was at work in the Strand all the winter.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

JOSEPH SPENCER was indicted for stealing a silver ink-stand, value 4 l. the property of Sir Sampson Gideon , Baronet , in the dwelling-house of the said Sir Sampson , May the 1st .

JANE REX sworn.

I am servant to Sir Sampson Gideon. As I was cleaning the copper the prisoner came into the kitchen; I do not rightly know the day; as near as I can guess it is between two or three months ago.

What day of the week was it? - I do not know. Sir Sampson sent to John Fielding 's immediately. It was at about seven o'clock in the morning he rang the bell at the door; the house-maid let him in and showed him into the kitchen; he looked at the copper; he said he was come to mend it. I asked him if he came from Mr. Barr, who is a bricklayer and plasterer, that always did our work? He said he did; he put the mortar down and said he must go and look for a brick. I went the further side of the kitchen and watched him. He went very near the area gate, the area gate happened to be locked. I went to my work again directly.

How came you to watch him? - I had a suspicion came into my head, because I never saw the man before; I never saw him any more; it was supposed that he went immediately into the powdering room and took my lady's ink-stand; the footman had brought the ink-stand down not above a quarter before, as he said he is not here.

(The prisoner was not put on his defence.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

350. GEORGE KENNEDY was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Edward M'Cartney , against the form of the statute, &c.

THOMAS STONE sworn.

I am a journeyman to Mr. M'Cartney, who is a baker , and lives in Featherstone-street, Bunhill-row .

Was you at Mr. M'Cartney's in the evening of the 7th of June last? - Yes, all day, except the morning, when I was carrying out bread. I was there when the mob came, which was at about a quarter after nine o'clock. I saw about fifteen come, some were armed, some not, some had pieces of iron crows, and some logs of wood in their hands. My master pacified them by giving them money and liquor, and they went away. My fellow-servant and I lay down; but we did not pull our clothes off, because I thought they would return again; they did come again in about ten minutes. I heard about half a dozen brick-bats thrown in; we got up directly, and went into the shop; about fifteen of the mob were there; and there were I suppose above thirty in the house.

What time did they break in? - About half after nine o'clock.

Did you know the prisoner? - Yes, very well, by serving the house he lodged at with bread. He was one who broke into the house.

What was the first thing the mob did? - They asked for the books. Some of them said there were no goods in the house; they ran up stairs; I went after them; I followed one man up stairs, who was a brewer's servant. I saw him knock all the windows out and the frames, and throw the wainscoting out at the window; as he threw it out he cried out, take care below. After I saw that I came down and stood at the door; my fellow servant said to me, come here; I said what for He said the young man who lodged at Mrs. Mason's was pulling the wainscoting down; I then looked and saw the prisoner helping some of the mob to pull down the partition between the parlour and the shop, and they threw it out at the window, and it was set on fire by the rest of the mob at the door, and burnt.

How long did the mob continue in the house? - I suppose an hour and a quarter.

In what state did they leave the house? - The house was pulled all to pieces; the partition up stairs and below was pulled down and the window frames were beat out in the fore part or the house, but not in the back part of it; and some of the floor at the upper part of the house was taken out.

Prisoner. I was never in the house in my life.

Are you sure you saw the prisoner there? - Yes, I am sure; I know him well.

Are you sure you saw him do these things you have described? - I am positive.

JOHN HOGARTH sworn.

I am a journeyman baker, and live with Mr. M'Cartney, in Featherstone-street.

Was you at your master's in the evening of the 7th of June last? - I was there from five in the evening during the whole night. There was a very great mob there. The first that I saw came about six in the evening.

What number might they consist of? - An hundred I dare say. They came and said they were resolved to pull down my master's house; they did not do any thing at that time. They came again about six hours after, and threatened to pull down the house. My master and some others gave them a good deal of money, and they distributed a quart of brandy amongst them to quench the mob. They went away for about a quarter of an hour, and they then came back again; we thought there was to be no disturbance that night; that was about a quarter after nine o'clock. We heard the mob at a distance huzzaing; we got up and went down stairs. One of them threw a brick-bat through the window, afterwards they rushed in.

Was the prisoner one who rushed in? - I did not see him rush in; I was in the inside of the house when they broke in; I went up stairs with them and saw them begin breaking the windows; then I came down stairs and went out of the house for about a quarter of an hour. When I came in again, I saw them plundering and pulling down a wooden partition, which goes between the shop and a small parlour.

In what condition was the house when the mob first came? - Most of the furniture had been removed.

In what condition was the wainscoting and window frames? - All were whole then. The wainscoting and partitions were mostly pulled down by the mob, but they were not all pulled down. The floors were all whole except the two-pair-of-stairs floor, some of that was taken up.

Jury. When you went up stairs that evening to bed was your fellow-servant with you? - My fellow-servant, Thomas Stone , was with me.

Did you know the prisoner? - Yes.

Prisoner. When I was before the justice they could not swear to my pulling down any thing belonging to the place.

Hogarth. What I said is written down in the examination.

Court. Let the officer read the examination? - It is read, in which the witness faith.

"He did particularly see George Kennedy pull down or demolish and tear away a wooden partition, which divides the shop from the parlour of the said house."

EDWARD M'CARTNEY sworn.

I have lived in this house a great many years.

In what state was the house on the 7th of June last? - Being apprehensive from the continual threats of the mob, that my house must be pulled down that night, I had a number of the first people in the neighbourhood to assist me in order to entertain the mob, and by money and liquor to entice them to go away. I was backwards in my own yard when the mob first came; my friends advised me to keep backward and they would perhaps be able to persuade the mob to desist

I was asking you in what state the house was when you left it? - I left it about twenty minutes after nine o'clock. The house was whole; I had got best part of my furniture away, but there was a great deal left.

When did you return to your house? - About eleven o'clock that night, I believe; then all the front of the house and the shop windows were all beat to pieces, and the windows and frames were gone; the partition between the parlour and the shop was every bit carried away; the kitchen window was all broke but the frame was left; the fore door was a glass door, all the glass was broke to pieces; the shutter, which secured it before, was taken out; the skeleton of the door was left; the stair-case was all broke to pieces; the dining room up one pair of stairs was quite demolished; the wainscoting was all gone, and nothing but the bare walls all round; the frames and glass of the two windows in front were knocked out and the per between broken in such a manner that I was afraid the house would fall down; the stair-case, between the first and second pair of stairs, had all the railing taken down; about a third part of the flooring of the second floor was taken away; and the closets were all torn to pieces and thrown out; they took the furniture of the house to the corner of the street and there burned it; the neighbours persuaded them to carry it there, or they would in all probability have set fire to the whole street.

PRISONER's DEFENCE.

I had been at work at Islington that day for my master; it was near eight o'clock before I came from Islington; coming down Bunhill row, I met with the mob; I happened to go to the door along with them, but I never entered the house at all. I left the mob and went home; I told my landlady that poor Mr. M'Cartney's house was pulled down; and I know no more of it, I declare solemnly before God.

For the prisoner.

THOMAS COTTON sworn.

I am a plumber; I live at Isllington. The prisoner worked for me at the time this happened; I never heard any thing amiss of him, or found any harm by him in my life; he came to work one morning; I said, George, how came you not to come a little sooner? He said,

"I was in Bunhill-row, or

"Featherstone-street; the mob were pulling

"down an house, it was a baker's; I happened

"to go in; the mob said, they would

"destroy the flour, and I begged of them for

"God's sake, not to destroy the flour." Here are other master plumbers whom he has worked for.

ROBERT HARDCASTLE sworn.

I am a plumber; the prisoner has worked for this gentleman and me, on and off for this year and an half. I never found any thing amiss in him, he always did his business very well; I put a good deal of trust in him; I always found him very honest.

BRAY ELLIS sworn.

I am a shoemaker; I have known the prisoner about two years; I live next door to him; I know him to be a very honest, sober, careful fellow.

- ELLBANK sworn.

I am a plumber; I have known the prisoner between two and three years, he did work for me formerly; he worked for me constantly for six months at one time, till the business beginning to decay, I was obliged to discharge him. He always behaved very well, and I should not have discharged him if I had had business to employ him. He is a very quiet sober man.

MARTIN CARR sworn.

I have known the prisoner five or six years, his aunt lives next door to me; he has come backwards and forwards to his aunt's, and I often saw him. He always behaved very civil and well; I never saw any thing amiss of him.

WILLIAM CLARKE sworn.

I keep the Crown in Newgate-street; I have known the prisoner between five and six years; he used to come almost constantly for his aunt's beer.

Did he live with his aunt? - No; he used to go to his aunt's almost every night; he appeared always civil, sober, and well-behaved.

WILLIAM GREENWOOD sworn.

I have known the prisoner about three years and an half; my house is opposite to the house where he lodged, which I used to frequent; I always found him punctual to his word in every point. On the Wednesday evening I think it was that I saw him; I generally work till almost dark; it was about a quarter after eight o'clock, I think, or thereabouts.

What day of the month was it? - It was on the Wednesday evening when this disturbance was; I am not certain as to the day of the month; he was standing at the door where he lodged, it was about a quarter after eight o'clock; that was in Whitecross-street, opposite where I live.

Are you an house-keeper there? - We have a lease between two of us; I saw him again at about a quarter or half past ten o'clock.

Where did you see him then? - In the back kitchen in the house where he lodges, sitting upon a settle in the corner.

Was you in the house then? - I was; that is a publick house where I generally go and have a pint or two of beer in the evening; I went there, and smoaked a pipe before I went to bed.

What time did you go there? - I went there about a quarter after eight; he was then standing at the door. I went into the house, and ordered the beer for my wife, to be sent to my own house; I went back after that, and drank a pint myself, and went for a pipe about ten o'clock, as I generally do.

At what time did you go back? - At ten, or a quarter after; I saw him then in the back kitchen, sitting upon a settle.

That is all you know of it? - I know no further; I have drank many a pint of beer with him, and always found him to be sober and solid.

Cross Examination.

What is the distance from the house where you saw the prisoner to the house which was pulled down? - It may be a quarter of a mile or rather better.

You say it was on Wednesday? - I am not positive, but I think it was Wednesday.

Do you know that it was the night on which Mr. M'Cartney's house was destroyed? - It was that very night I am sure, for I heard it in a house I went into. The mob were either then about the house or had been

Was it the first or the second time of your being in the house that you heard that? - It was the second time.

Did you hear it upon your first coming in or afterwards? - I cannot say that.

SARAH MASON sworn.

I have known the prisoner ever since he came to work at Mr. Ellbank's, which is about two years ago; he took a lodging of me then. He always behaved with good nature and honestly and has been punctual to his payments; he always behaved good naturedly in the neighbourhood. I saw him come in to supper; I drawed him a pint of beer; I did not regard whether he was in or out till he came into the back place and sat down; he said he was afraid Mr. M'Cartney was in a bad way. I said, I hope he has got his effects off; I hope you have not been there? He said he looked in. I said, I hope you did not do any thing. He said no, he did not. I asked him what they were doing? He said they were talking about books. This young man ( Thomas Stone ) brought a loaf in the morning. He said I saw your young man there. I replied that I hoped he had not done any harm there. He said no, he had not.

Is he a relation to you? - No.

Why did he call him your young man? - Because he lodged with me. He told me he looked into the house; I told him I was sorry for it.

Was the prisoner by? - No; he was not.

The prisoner said he looked into this house the night before, did he do so? - Yes; he told me he looked into the house; that he saw no goods, but they were talking about books, and that he came away.

To Thomas Stone . Was you there the next morning with a loaf? - Yes; I saw this gentlewoman's maid; she said your master's house is down. I said yes it is, and we may thank your young man for part of it.

What did you say to this woman? - I saw her the next day. I then said he did very little; he helped to pull down part of the partition between the parlour and the shop.

Is the servant-maid here? - No.

To Sarah Mason . Was any person present when you had this conversation with him? - My girl stood at my elbow; there might be a great many more in hearing.

Is there any person here who was present at this conversation? - I do not know that there is. I just came in as he was leaning forwards for the money for the loaf; my maid was close by me when he said he did no harm at all. I said I beg you will overlook it, for it is a dangerous thing to look at a mob, and I said I had begged of all my family not to go near where there was a mob.

Court. What did you mean by desiring

"he would overlook it?" - I said as he has done you no harm at all, and as he knows you and Mr. M'Cartney, it is so dangerous to come near a mob.

Court. What did you mean by overlooking it if he had done no harm? - As he had only just looked in I thought there was no harm in it, as young people run backwards and forwards so.

STEPHEN OGLE sworn.

I have known him about four months; he is a very sober young man.

JAMES ADAMS sworn.

I have known him three years; he is a very sober man. I never heard any harm of him. I was along with Mr. M'Cartney's man; he said the house was pulled down on the Wednesday night. I was along with Thomas Stone on the Monday following in the afternoon; he told me, at the Nag's-head in Whitecross-street, that he saw George Kennedy there, but he was more a spectator than any thing else.

To Stone. Do you know this witness? - No further than drinking with him on the Monday following. I never was in his company before.

What conversation passed about the prisoner? - None at all that I know of; we were drinking our ale together; he sai d he hoped I would not hurt him; we were fetched from home by two men to the artillery ground. I said I could not help it. I must speak the truth, that was all that passed.

Something must have been said before, it could not begin with his saying,

"he hoped you would not hurt the prisoner?" - He had been looking for me, and could not find me.

What did he want with you? - He wanted me to speak in the prisoner's behalf, to favour him.

Did you tell him that you saw the prisoner at your master's, but that he was there more as a spectator than any thing else? - I will not be positive whether I might not say so; after we drank three or four pots of ale together, it might get into my head; but I do not think I did say such a word.

How much did you drink? - Four pots of very strong ale; he kept me there five or six hours.

Why did not you go away? - Because when one pot was out he said we will have another; I said I did not care.

Who paid for it. Did you pay your share? - I did; but I had it returned back again by the landlady, Mrs. Mason.

When was the reckoning made up to you? - Before I went out of the house. I do not think I ever mentioned such a word.

Was the prisoner taken up at the time of this conversation? - Yes, and fully committed from the Artillery-Ground.

Court. Had you been examined? - Yes, before the magistrate at the Artillery-Ground.

Had you given the same account upon your examination, before you met the last witness at the Nag's-Head, as you have now given in court? - I had.

Court to Sarah Mason . Was that man at your house with James Adams on the Monday after this happened? - I cannot say what day it was he was at our house with him.

Had they some ale together? - Yes.

How much? - I believe it came to one shilling a-piece.

Did you return Stone the money? - Stone thought this young man would have paid; I said, as the young man does not pay for you, as he asked you to drink, I will return you the money; he took it very readily; he seemed to be uneasy to spend his money. I have sent home for my girl.

Court. You say he expected James Adams to pay for it, why was he to pay for his drinking? - He seemed to say he stayed him, or asked him to stay, and he seemed to be unwilling to stay; I told him as he had had that trouble I would give him his money back again.

GUILTY ( Death .)

Tried by the Second Middlesex Jury before Lord Chief Baron SKYNNER .

(He was humbly recommended by the Jury to his Majesty's mercy, an account of his good character.)

351. JOSEPH SPENCER was indicted for stealing five silver spoons, value 10 s. a pair of silver sugar tongs, value 10 s. two silver table-spoons, value 20 s. and six linen napkins, value 12 s. the property of the Right Hon. George Neville , Lord Abergavenny , in his dwelling-house , May the 4th .

MARY BOUGIN sworn.

I am servant to Lord Abergavenny. About seven o'clock in the morning of the 4th of May, the prisoner rang the bell. I asked him what he wanted? He said he was sent to clean his lordship's windows; he had a brush in his hand.

Did your windows want cleaning? - No; he came in, he said he was to clean the kitchen windows, and the parlour windows, but he did not know whether he was to clean the fore looking windows or the back looking windows; he went down into the kitchen; I went with him.

Did you ask him any questions how he came to be employed? - No, I did not; he asked me for the steps, I gave them to him, and he set them out in the passage that goes out of the kitchen into the servant's hall.

Did the kitchen windows look into that passage? - Yes; he got upon the steps and pretended to clean the windows; there were some things in the kitchen windows; he told me I must take them out; he then went up into the house keeper's room; I followed him. He asked me for a duster to clean those windows. I gave him one. He said he would clean that window first; he fetched the steps out of the passage and set them down in the house-keeper's room beside the window. I went out of the room to fetch my broom to sweep the room, and left him in it; as I was going up the passage with the broom I heard the door of the press, in which the spoons were kept, creek. I went into the room; as I was going in he came out of the room; he went out and left the outer door open. He said, he was going on the outside to the other window, as I understood.

Had you no suspicion when you heard the door creek? - Yes, and that made me make the more expedition into the room. He said nothing when I went in; I passed him and he passed me; he went out at the door; he left his brush and duster on the area steps and went over the rails; I saw no more of him. I looked directly after him, because the doors were open.

Where the doors shut before? - Yes; they did not use to be locked; the key was in the door; I am sure they were shut. I put the things, mentioned in the indictment (repeating them) in the press the night before. I saw them there about nine o'clock that evening; when I went into the room I looked into the press, they were all missing.

What is the value of these things you missed? - The tea-spoons are worth twelve shillings, the sugar tongs seven or eight shillings, the table-spoons about ten shillings a piece, I do not know that the napkins were there of my own knowledge.

Jury. Are you certain the prisoner is the man? - Yes, he had the same wig on, to the best of my knowledge.

Prisoner. She said before Sir John Fielding I had my own hair.

Bougin. I did not.

PRISONER's DEFENCE.

I was never in the house, I know nothing of it my lord.

GUILTY of stealing the goods to the value of 39 s.

Tried by the First Middlesex Jury before Mr. RECORDER.

JOSEPH SPENCER was indicted for stealing a silver laced hat, value 12 s. the property of Timothy Hollis , Esq June the 1st .

(The witnesses were called but not appearing the court ordered their recognizances to be estreated.)

NOT GUILTY .

[Imprisonment. See summary.]

352. JOHN NIXON was indicted for burglariously breaking and entering the dwelling-house of Francis Ensor , on the 31st of May , about the hour of twelve in the night, and stealing a hundred weight of old iron horse-shoes, value 8 s. two pair of iron tire bars, value 3 s. 6 d. two iron weights, value 1 s. a leaden weight, value 1 s. an iron axletree bolt, value 6 d. and two iron nuts, value 6 d. the goods of the said Francis, in his dwelling-house .

FRANCIS ENSOR sworn.

I am a blacksmith and farrier . On the 31st of May at night, my shop was broke open and the things mentioned in the indictment (repeating them) taken out of it.

Does your shop adjoin to the house and under the same roof? - Yes; one cannot go into the yard without passing through the shop; the shop is boarded on the outside; in the morning I found one of the boards torn down, by which means they had got into the shop.

What time in the morning did you see that? - My man was up about four o'clock; he saw it first; he called me about five. I got up and missed the things I have mentioned; the next day I went with George Davis , and found some of the property.

What time was that? - About eleven o'clock in the day. I found a seven pounds weight and four pounds weight, and a thing we call a bolster, and a horse shoe mould, in a ditch, in a field belonging to Mr. Richarson, the hilly field between Islington and Bagnigge-wells; they are part of the property which was stolen out of my shop; this bolster is a piece of iron to punch a whole in iron; it has a particular mark by which I can swear to it.

Where is your shop? - At Battle-Bridge . I know nothing more of the prisoner than the taking him up.

MARY ENSOR sworn.

I fastened the doors about a quarter before eleven o'clock; on the night of the 31st of May I looked out, it lightened very much; two boys, the prisoner and his accomplice, passed me from the shop.

Was your husband in bed then? - Yes. One of the boys was dressed in brown clothes, the other in blue; I went round and saw the shop was fast; then I went to bed.

GEORGE DAVIS sworn.

I am a baker. As I was coming along the fields I saw the prisoner and John Ingram taking the iron out of the ditch at the bottom of Richardson's field, about eleven o'clock on the first of June.

How do you know it was the 1st of June? - Because I set it down in the publick-house book when I carried my bread. They were taking it out while I was resting myself. They put it in their pocket and one of their hats, and one of them had the bars of iron.

What sort of iron was it? - Broken bolts, horse shoes, and horse shoe moulds. I was about as far from them as I am from your lordship, They spoke to me; I asked them where they got that iron, and how long they had been getting it? they said about a week.

Was you examined before a magistrate? - Yes; As I was going to Pancras with my bread; I saw this Smith's shop; I asked if they had lost any iron; the man said yes; I told him that two boys loaded with iron had gone up that hilly field.

Who were the two boys? - The prisoner was one, and the accomplice was the other; I knew them before.

Did you see any body else about this business? - No.

Do you know Robert Bunce ? - No.

How happened it that Ingram was not taken up? - They were both taken up.

Was you promised any reward upon giving evidence? - No, none at all.

JOHN INGRAM sworn.

How old are you? - Fifteen.

Was you ever examined before any magistrate? - Only before Justice Blackborough.

Were you charged with this fact? - Yes.

How came you to be admitted a witness? - I do not know; the justice asked how we got in, and at what time it was.

What do you know of this business? - We stole some horse-shoes; the prisoner fetched them out and I took them.

What is the prisoner's name? - John Nixon ; I have know him a good while.

When was it? - On the 30th or 31st of May; the prisoner and I were together about the fields, and about Battle-bridge. We pulled down a board, and crept into the iron shop belonging to that gentleman. At about twelve o'clock he pulled the board down. He told me he knew of an iron shop and he would stay out all night with me, and get some iron.

What did you want to do with it? - To sell it.

Why did you want iron rather than any thing else? - I did not want any thing at all.

What did you take? - Some horse-shoes, two pieces of bars, two iron and one lead weight, and two bolts. We took them into the field and hid them till morning; we afterwards sold them in Turnmill-street; that was about ten o'clock.

Who did you sell them to? - He said to Mr. Bunce. He bid me stand at a distance.

Where did you hide them? - In a ditch in Richardson's field.

Did you see any body when you took them out of the ditch? - No, only the baker; he said you have been a good while getting this.

What did you say to him? - Nothing, afterwards.

Jury. Was you taken up? - Yes.

Did you surrender yourself? - No.

Was you promised any thing if you gave evidence? - No.

Was not you promised to be forgiven if you gave evidence? - No, I do not know what evidence is; they bid me tell the truth, and I did.

JOHN DINMORE sworn.

The prosecutor applied to me to go after some people who had broken open his shop. I told him there was to be a jack-ass race at Holloway in the evening, and advised him to stay till then. The prosecutor's wife and the baker, and I went in the evening to Holloway. The baker and prosecutor's wife both pointed out the boys, and I secured them. When I laid hold of the prisoner he said I did not break open the man's house at Battle-bridge. I said you rogue, I was not asking you any thing about it; and I would not hear any thing he had got to say.

Jury. Did Ingram say any thing to you? - No, I would not hear what either of them said.

Did he tell the same story before the justice that he has told now? - Yes.

PRISONER's DEFENCE.

I am fourteen years old, I have nobody to appear for me.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

353. MARY RILEY was indicted for stealing a silver watch, value 3 l. and a pair of silver shoe-buckles, value 10 s. the property of James Moore , April 7th .

JAMES MOORE sworn.

I was in a room with the prisoner some where near Holbourn, I think they call it Cross-street .

When? - It was some time in the month of April. I went to her lodgings about ten o'clock. I had been there a few days before; I was upon the bed with her; I fell asleep; when I waked I missed my watch and buckles.

Was that the next morning? - No, it was three or four hours after I went in. I heard the watchman cry past one o'clock; I got up and acquainted the watchman that I had lost my watch and buckles.

Was you drunk or sober when you laid down? - I was neither drunk nor sober; I had been drinking a little.

Was there any light in the room? - No, it was on the ground floor. When I waked the prisoner was gone. I went out into the street and called the watchmen and told them I had been robbed; they showed me to the guard-house. The constable said be thought he could find the prisoner and get my property again. The prisoner was taken the next morning; I was not present when she was taken. She sent a woman to me in the morning to let me know she was willing to resign the things.

Was that before she was taken? - I cannot say whether it was before or after.

Is that woman here? - No, she was quite a stranger to me. I laid down with the prisoner one night before; she behaved very civil to me as any woman could do.

THOMAS LORRIN sworn.

On Thursday the 9th of April, being constable of the night, Moore came to me and told me he was robbed. I found the prisoner the next morning about eight o'clock in a room in Newtoner's-lane, up two-pair-of-stairs.

How came you to look for her there? - In consequence of an information from the woman with whom she lodged. There were two other women in bed with her; she gave me the watch out of bed; the seals were taken off; another woman gave me the seals. I asked the prisoner how she came to do such a thing. She said a landlady of her's blamed her because she had not robbed the man before.

Do you know whose house it is in which she lodges? - It is a house let to girls of the town.

What is the landlady's name? - Field.

Was it Field who blamed her for not robbing the man before? - No; Billings, her former landlady. I took her before a magistrate and immediately she confessed taking the things.

RICHARD BROWN sworn.

I am a pawnbroker; a woman, but not the prisoner, pledged these buckles with me (producing them, they were deposed to by the prosecutor.)

PRISONER's DEFENCE.

On Thursday the prosecutor came to my lodging, between nine and ten o'clock; I was very much in liquor; I laid down. Mary Billings called me to get out of bed; the prosecutor desired me not to get out of bed; I laid down and fell asleep; Mary Billings came and called me again, and said, why did not I rob the man? I said, because he was a particular acquaintance of mine. Billings gave me some beer, which intoxicated me more. In the morning I waked and found myself in another girl's lodging between two girls, and I found the watch in bed. I sent a girl, who went of my errands, to the prosecutor to let him know I had the things and would return them.

Prosecutor. I met the girl coming to me, she had been to see for me and could not find me, that was about nine o'clock; I do not wish to hurt her she did her business so well; I love her too well to think of hurting her.

Did she appear to be in liquor? - I think she was more so than me.

(The watch was produced in court and deposed to by the prosecutor.)

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

354, 355. MARY GRAVES and ELISABETH KIDDY were indicted for stealing a cloth coat, value 20 s. a cloth waistcoat, value 10 s. a silk gown, value 20 s. a silk slip, value 10 s. a piece of linen cloth, value 2 s. a linen shift, value 1 s. 6 d. and a linen handkerchief, value 10 d. the property of Ralph Keddy , June the 19th .

(The witnesses were called but not appearing the court ordered their recognizances to be estreated.)

BOTH NOT GUILTY .

356. JAMES COULSELL was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of David Miles , against the form of the statute, &c.

HUGH MACDONALD sworn.

I am a porter, and work for different brokers; Mr. Miles is a neighbour of mine; he lived in King street, near Carnaby-market .

Was you at his house on Wednesday morning, the 7th of June? - Yes. I saw the prisoner very active in pulling down the wainscoting and shelves. I got out of my bed and went there between twelve and two o'clock; I found a great mob there, about eighty, as near as I can guess; they were pulling down Mr. Miles's house; I saw the prisoner pull down the wainscoting, the shelves, and the window shutters, and throw them into the street, where they were burnt in three different places.

How long did you see the prisoner there? - The whole time I was there; he was doing this for about an hour and a quarter.

Was the prisoner in the house? - Yes; in the shop.

Cross Examination.

What do you say you are? - I am a porter; I work for Mr. Harper at times, in Hatton-street, and for brokers, at different times; I did live with Mr. Williams, my brother now lives in my place.

How came you to leave Mr. Williams? - I went to a job in the country.

You did not know the prisoner before? - I might have seen the man's face before, but I was not acquainted with him.

What day was he taken up? - I cannot tell the day he was taken up, I believe it was Thursday week.

You was, I suppose, the person who made the information against him? - No; it was one Drew.

Was he taken up last week? - I do not know, I saw him at the office on Thursday was a week.

Was he taken up before you heard of the proclamation? - I do not know what day he was taken up; I did not take him up.

He was taken up on the 21st of June? - Very possibly I was at the Rotation-office; I went there about some other business.

It was very lucky you went there for some business and saw this man there whom you was not acquainted with? - I know him very well.

Had you never seen him before the fire? - No.

The affair happened upon the 6th of June, you go to the office on the 14th, and there luckily see this man again? - I did not take him up; I said that I had seen the prisoner at such a place.

What was you about at this fire? - I am a neighbour of Mr. Miles's, I live at No. 6, Marlborough-row.

You was only a spectator at this fire? - No.

This man you never saw before at all? - No.

How was he dressed? - The same as he is now.

Did not you describe him differently? - Never that I know of.

When did you see him first? - At very near one o'clock.

This is not the only man you are going to give evidence against? - Only one more, which is the man I went about when I saw the prisoner.

Only two men you are to have the fifty pounds for? - God forbid! I do not get money in that way.

At the time you was at the fire and these men were there where did you stand? - I stood just at the corner of Orange-court; on their throwing things out I was afraid I should be hurt; then I went opposite the house.

You are sure as to the hour? - As near as I could guess it was about one o'clock, rather before one; when I went there first he was very busy at work.

When you came there first was the fire burning? - I came away about two o'clock, as near as I can guess.

Did you leave him there? - Yes, to the best of my knowledge.

Do you mean to say you left him there at two o'clock? - I am not sure I left him there, I am sure he was there between one and two o'clock.

Was he in his livery? - Yes.

Did not you describe him to be dressed in a red cap? - No, I did not.

Court. You said you did not go to the office on account of the prisoner, but of another man? - Yes.

How came this man there? - One Drew, that was a prisoner and a fellow who was an evidence against him, informed against him that he was in the house.

How long before that had you heard of the king's proclamation? - I do not know how long I had heard of it.

Before you went to the magistrate had not you heard there was a reward for every one who was apprehended? - I believe I had.

When you saw Coulsell, there and recollected you had seen him before, did not it occur to you that you should be entitled to the reward? - No; I do not want the reward; I do not do it for that purpose.

Do not you think you are entitled to the reward? - I do not know that I am.

Have you not claimed the reward? - No.

Where was you when you first saw the prisoner? - At the corner of Orange-court; then I went and stood opposite the house.

Did you see him in the shop when you were at the corner of Orange-court? - Yes.

Is Orange-court on the same side of the way with the house, or on the opposite side? - On the same side of the way; the side of the house, which is at the corner of the court, was partly built of wood, and they had pulled a part of that down; I could see plainest on the opposite side of the way at the corner of the publick-house.

Did not you see him, when you was at the corner of the court in the shop? - Yes.

Which way did you see him, through the place where the wood was pulled down, or through the window? - Through the window which opens into the street. I went round and peeped in to see what they were doing.

What o'clock was it when you first saw him at work in the shop? - Between one and two; it was a little more than one.

What light did you see him by? - The blaze of the fire, which was almost opposite the door; the window was quite pulled down; it is a large window.

Did you see him out in the street at all? - No.

You never saw him in the shop but by the light of the fire? - Yes, I saw him come to the window and throw the things out several times.

THOMAS CONNIFF sworn.

I am a carpenter and joiner; I was in King's-street, Carnaby-market, at the time of the fire.

Have you any recollection of the prisoner? - I have not.

SAMUEL COLLETT sworn.

I was very near Mr. Miles's house at the time it was destroyed; I was there very near ten minutes.

Have you any recollection of the person of the prisoner? - I have none at all.

PRISONER's DEFENCE.

I never was in the place, nor in the house.

For the Prisoner.

JAMES WILLIAMS sworn.

I am coachman to Lord John Pelham Clinton; I lodged in King-street, opposite Miles's house; I was at my window from a little before one till two o'clock.

Do you know the prisoner? - I do.

Did you see him in the house of Miles? - I did not see him in the house, nor meddle with any thing.

Did you see the people in the house? - Yes, but I could not swear to any of them.

If the prisoner had been employed in the house, and bringing things out, must not you have seen him and known him? - I think I must.

Cross Examination.

Did you see him there at all? - I think I did, by the carner of the publick-house, which is opposite, at between one and two o'clock.

Who did the prisoner live with? - Freeman, Esq. in Clifford-street.

WILLIAM COPUS sworn.

I am coachman to Mrs. Hoare, the banker's widow. I went to this fire; I got there about ten minutes after one.

Did you see the prisoner there? - I did not at first; the fire was not burnt up then but when it burnt up I saw him standing just by the fire.

Was he doing any thing? - No, nothing at all. As soon as I saw him I sent my brother to him to tell him to come away; accordingly my brother went to him; he came immediately to me to the chapel; there we staid ten minutes; then we went to the bottom of the street, there we staid about a quarter of an hour. Then we all three went home into the yard together. The watch went two when we got into the yard.

Cross Examination.

How came you to ask him to come away? - Because he was standing so near the fire we thought he might come into danger; that he might be apprehended. He was standing on the opposite side of the way, near the pavement.

Do you live together? - We lodge on one floor in the same house.

PHILIP COPUS sworn.

I am coachman to the Duchess of Ancaster. I went with my brother to this fire. I saw the prisoner there; he was standing opposite, near Cross-street, at the edge of the pavement, when I saw him there. My brother desired me to go and fetch him out; accordingly I went and tapped him on the shoulder; I said I thought he had no business there; he said he was doing nothing at all. We came to my brother opposite the chapel in King-street. We stopped there about ten minutes, then we came to Silver-street; we stopped there about a quarter of an hour, and then we went home.

Do you lie together? - In the same room.

What did your brother mean by fetching him out? - Because he thought he stood so near the fire he might be in danger.

What time was that? - About a quarter after one.

Court. Did you see him doing any thing at the fire? - No.

Are you sure of that? - I am.

CHARLES SINCKSTONE sworn.

I am coachman to Mr. Pelham. I know the prisoner; he was second coachman under me at Lady Pelham's two years; he behaved very well; he might have staid if he would, he parted with that place to get a better. He went to drive for Mr. Dean. I had him out of the country. He always behaved very well as to sobriety, honesty, and justice.

FRANCIS DEAN sworn.

I am a coachmaster. The prisoner has driven for me between three and four years; he has a very good character; I recommended him to Mr. Freeman. He always behaved himself very well.

Mr. FREEMAN sworn.

The prisoner was my coachman at the time he was taken up. He is a remarkably sober, honest, diligent, faithful servant. He was taken up on the 21st.

Was he driving you from the 6th to the 21st? - Yes; every day.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

357, 358. ELISABETH LEVI and JUDITH ISAACS were indicted for stealing fourteen whale fins, 54 lb. wt. value, 10 l. the property of David Swinscoe , June 19th .

DAVID SWINSCOE sworn.

I am a whalebone merchant in Pancras-lane, Queen-street, Cheapside . On the 9th of May, my servants weighed off a parcel of fins to put in the boiling house; among them there were fourteen white fins which were put in a corner by themselves; they were missing the next morning. I advertised them and offered ten guineas reward.

What was the value of them? - About ten pounds. My business called me out of town.

JOHN CROW sworn.

I am servant to Mr. Swinscoe. I weighed the fins off and put them in their place, that was on the 6th or 7th of May. They were lost that evening or the next morning, I cannot be positive which; I took them out of the warehouse and put them into the boiling-house, in the corner; I saw them there about seven o'clock in the evening. I was not in the boiling-house afterwards.

Did you leave any body in the boiling-house when you went away? - No. I locked it up about ten o'clock. I went in the morning between six and seven o'clock; I unlocked the door myself; when I opened the door I did not observe whether they were there or not; but about nine o'clock my fellow-servant, Joseph Lee , told me they were missing. I then went to see and they were gone.

When you opened the boiling-house in the morning was it in the same situation as when you left it? - It was. About a month after they were lost, a Jew broker came to offer some whale fins to sale; he took me to Judith Isaac 's house to look at fourteen whale fins, that was between nine and ten in the morning. I bargained for them at two shillings a pound, and gave one shilling earnest.

Is Isaacs a house-keeper or was it her lodging? - Her lodging.

Was she at home? - Yes.

Was the other prisoner there? - She was not at that time. The broker was the seller of the fins; he said he would sell them at two shillings a pound, and I gave the young woman earnest. She said she had got a few fins to sell and had employed the broker to sell them for her; I was to go for them the next day.

Did you see the fins? - Yes. They pulled them out, and I looked at them, some were under the bed and some in the closet. The broker called on me in the morning, and I went with him and took Champion with me. We got there about half after nine. I said we could not weigh them there I wished they would go with them to my master's house; they said they would not do that, but they said if I would give them a guinea they would go with me and see them weighed, and have the rest of the money when I came home. David Champion gave the guinea to Isaacs; then we tied up the fins, and brought them to my master's shop. Judith Isaacs and the broker came along with us. When we came home we weighed them; they weighed 54 lb. Mr. Sawrey, who was in the warehouse, said he thought they were what my master had lost; my master was then out of town. I told the broker I knew they were my master's property.

Was that before or after Mr. Sawyer spoke? - Just after.

Did you know them to be your master's property before Mr. Sawyer spoke? - Yes; I told Isaacs they were the things we had lost, and if she would tell me how she came by them, I wanted no more. She said she would tell me how she came by them.

Before she said that tell me what you said to her? - I told her we had lost these fins out of the boiling-house, and if she would confess how she came by them we would hurt her as little as we could. (They are produced) I know them by the spots that are upon them; they are not cleaned. I took particular notice of them; there are particular marks upon them.

If another parcel of the same weight that were uncleaned had been produced, could you have known the one from the other? - Yes, because I took particular notice of these.

How far is Isaacs' lodging from your master's? - My master lives in Queen-street. She lives by Petticoat-lane; it is about a mile distant.

Do you think Isaacs able to carry these things a mile? - I think she could not.

DAVID CHAMPION sworn.

I went with John Crow to Isaacs' lodging, on the 8th of June, at about two or three o'clock in the afternoon; we went to her apartment to bring these fins away with us and to secure her if we could; we agreed for the fins at two shillings a pound. We had no convenience to weigh them at her house, so we agreed to carry them to Mr. Miller's, a gentleman of the trade.

Did the prisoner assent to the proposal of going to Mr. Miller's? - Yes, very readily.

Who was there? - The broker, Isaacs, Crow, and I.

You took the things and went with them to Mr. Miller's? - Yes.

Where does Mr. Miller live? - At No. 77, in Watling-street.

When you came to Mr. Miller's who was there? - Isaacs, the broker, Crow, and I. Mr. Miller was not at home. We sent for him to ask how we should proceed with them.

How came you to go to Mr. Miller's? - Because Mr. Swinscoe was not at home; he was on a journey; we thought that the properest place to go with them.

Did Mr. Miller come home? - No; he could not be found. There came another gentleman of the trade, Mr. Sawrey, he advised us to stop the things and let the parties go.

Was that said in the presence of Isaacs? - No; she did not hear that, the things were weighed. We got them there and it was agreed to pay them the money.

What did they weigh? - 54 lb.

Was Isaacs told whose property they were, and asked how she came by them? - Not till we spoke to this gentleman. I went and got a constable and charged him with Isaacs. When the constable had got her in possession we told her they were stolen goods, and were Mr. Swinscoe's property.

Who told her so? - I myself told her so.

Did any body else tell her so? - Yes, John Crow did, in my hearing. She said she did not know any thing at all about them; she did not steal them. That is all that I heard.

Was you present the whole time? - Except while I was gone for the constable.

Did you go in with the constable when he came? - Yes, and I charged him with Isaacs and the broker.

It was in the afternoon that you went to Isaacs' house? - Yes.

You did not go at all with Isaacs to Mr. Swinscoe? - No not at all.

It was agreed to carry the things to Mr. Miller's and weigh them, and then to pay for them, did you pay for them? - No, I gave Isaacs a guinea at her house, in part of payment.

How came you to do that? - Because she said she would be glad if I could give her a little money; it did not signify, I could give her the remainder when it was weighed.

Where does Mr. Swinscoe live? - In Pancras-lane.

How far is that from Watling-street? - But a little way, three or four hundred yards.

Isaacs. Did I refuse to go with you?

Champion. No.

To Crow. What time in the morning was it you and Champion went to Isaacs' house? - Between nine and ten o'clock.

How long did you stay there in conversation with Isaacs? - Half an hour or more.

When did you first propose to Isaacs and the broker to go to your master's house? - The day before.

How long had you been at Isaacs' in the morning before you proposed going to your master's house? - An hour or more; then we proposed to bring them home; we did not mention my master's house; we thought we thought it not proper as he was not at home, and therefore we went to Mr. Miller's.

Did you first go to your master's house? - Not into it, we went by it and went to Mr. Miller's.

Then it was not in truth at home, but at Mr. Miller's, that you weighed them. Did Mr. Miller come there? - No, he did not.

What advise did Mr. Sawrey give you, did he advise you to secure the peop le? - Not at all; he left it to me. He said, I knew my master's things; a constable was sent for.

Who went for the constable? - I do not know.

It was not you who went for the constable? - No.

Nor Sawrey? - No.

Nor Champion? - Not that I know of.

Where was it the conversation passed when you said, if she would confess you would not hurt her? - It was before the constable came in.

What was done first when the constable came? - He said, as he found the things were stolen he must take them to the Compter.

What was said when the constable came in? - I cannot recollect; the person I suppose who fetched him told him what it was about.

Where were you when the constable came? - I was backwards by the boiling house and the prisoner with me; the constable came to where I was.

Who came in with him? - I saw him come in by himself, I do not know that there was any body with him.

Was Champion there when the constable came in? - Yes; whether he was in before or came in with the constable I cannot say.

Who charged the constable with the prisoner? - I do not know.

SAMUEL HOG sworn.

I keep a coal shed in Bow-lane; I am a constable. In the begining of June last I was sent for, to No. 74, in Watling-street, to take charge of the prisoner; I went along with a man.

Do you know to whose house you went? - I do not know the gentleman's name, though I live so near.

Was it Mr. Swinscoe's? - No.

Was it Mr. Miller's? - I cannot say; Champion came to me and said I must go with him; that they had stopped a man and woman with some whale fins. I went with Champion, and Champion gave me charge of the prisoner.

How long had you been there before you was charged with the prisoners? - Directly as I came in.

What time in the day was it? - About three or four in the afternoon I believe, but I cannot be positive; I was at work; I had had my dinner. Isaacs said the goods were brought to her house.

Do you know Crow? - Yes.

He was there when you came? - He was in the warehouse at the back of the house; the prisoners were in the front shop.

ISAACS's DEFENCE.

I have no counsel; I leave myself to the mercy of the court; I appointed my witnesses to come on Monday; I did not think I should be tried till Monday.

(Levi was not put on her defence.)

BOTH NOT GUILTY .

Tried by the Second London Jury before Mr. RECORDER.

359. GEORGE TURNER was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 8th of June, to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of John Lebarty , against the form of the statute, &c.

MOSES BENJAMIN sworn.

I am a hatter by trade; and am headborough of Aldgate lower precinct; I live next door to Mr. Lebarty, in St. Catherine's-lane . I was at home on Wednesday night when the mob came; they came with a bell, a great many together; it was between ten and eleven o'clock; I would not go to bed left my house should be set on fire. I went down and took my long staff, I thought there would be other peace officers as well as myself; there were four; they went away, and then I went and put my staff in doors; I went to the house opposite Mr. Lebarty's; I saw the prisoner there, he is a neighbour. I have known him some little time; I saw him and his wife pulling the things about; he pulled down the window shutters on the outside of the house; then the mob went in and threw different things out at the window, beds and furniture; there was among the rest a shirt or shift, which the prisoner took up and put into his pocket. I said to a neighbour it was very hard to see these things taken away from a good neighbour as Lebarty was. I saw Turner take a grate out of the house; when I took him he acknowledged he had taken the grate, and his wife took me to the house where they had sold it.

During the time you saw the prisoner what were the mob doing? - There were twenty or thirty destroying every thing in the house, and throwing them out at the window. I apprehended the prisoner about four days after; there was no place to put people in, and we were afraid to take them sooner.

Look at the prisoner, are you sure that is the person of whom you have been speaking? - He is a near neighbour of mine therefore I know him; I am sure he is the man.

Court. When did you tell Lebarty this? - The next morning or the day after as soon as I could find him, because his family ran away from the house; they were not to be found the next day.

Was the grate traced out? - He sold it three or four days after; I had the man he sold it to before the justice; he said his man had broke it up and made nails of it.

Do you know who sold it? - The prisoner's wife.

Prisoner. What time did you see me taking away the grate? - When he took the grate it was between two and three o'clock in the morning.

Prisoner. I was a watchman in the parish of St. Catherine's? - No, he was not then. They brought him in as a watchman, about three days after.

JOHN LEBARTY sworn.

My house was demolished on the Wednesday night.

Do you know the prisoner? - I do not.

Do you know the last witness, Moses Benjamin ? - Yes, he is a neighbour of mine.

When did you see him after your house was destroyed? - I was afraid and hid myself out of the way. It was three, four, or five days after; I cannot say which; I believe it was upon the Monday. He told me of a great many people who had been concerned in demolishing my house he told me he saw the prisoner carrying away a grate.

Are you positive how many days it was after? - No.

Where did you go and hide yourself? - At Mr. Ewes's in John-street, in the Minories.

How long did you stay in his house before you ventured out? - I went the next morning to see the house.

Did you the next morning see Moses Benjamin ? - I do not recollect that I did.

You think you saw him three or four or five days afterwards? - Yes.

Court. When you did see Moses Benjamin he told you he saw the prisoner take a grate? - He did.

Did he tell you any thing else? - He told me that the prisoner was in the house; that he saw him pulling down the house, and that he picked up a shirt. I do not know what a great many people told me. I do not want to punish him now, let God Almighty overtake him another time.

You are sure it was three or four or five days after, before you saw Benjamin? - The house was destroyed on the Thursday, I think I saw him some day in the next week.

Do you know that this man was a watchman? - I never changed a word with the man in my life.

Do you know whether he was a watchman in your parish? - I do not know whether he was or not.

PRISONER's DEFENCE.

I was a watchman at this time. I was ordered on the watch at nine o'clock, and did not come home till five in the morning. I was stationed half a mile from the place where this happened.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice NARES.

360, 361. MARY ROBERTS and CHARLOTTE GARDINER were indicted for that they, together with forty other persons and more, did unlawfully, riotously and tumultuously, assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of John Lebarty against the form of the statute, &c.

JOHN LEBARTY sworn.

What are you? - An Italian . I keep a publick-house and a stop shop .

Was your house destroyed in June last? - It was. They began on Wednesday night and finished on Thursday morning. The house was all broke to pieces, and my goods burnt.

Do you know either of the prisoners? - I know the white woman, Roberts; she lived next door to me, some time ago; her behaviour was so audacious, I got the officers of the parish to remove her from me. On that account she had a great spite against me. After the mob had pulled down the ambassador's house, she came by my house, and said, You outlandish bouger, I will have your house down; you outlandish Papist, I will have your house down. She said so on Monday and Tuesday. On the Wednesday evenning she went by my house with another woman. She terrified me.

Mention the expressions she used on Monday, Tuesday, and Wednesday, about pulling your house down? - In the evening she and another woman came by and called me an outlandish bouger, and said my house must come down, that it was a Papist's house. And used other language of that sort. She was like wild fire to burn the world down. These expressions were repeated on Monday, Tuesday, and Wednesday.

You heard these expressions? - Yes, and many of my neighbours. She fulfilled her word; my house was destroyed that night. When I went about three o'clock in the morning to see the condition of the house, I saw her in the room where I lay. She had taken possession of the house; she was leaning out at the window; she had the command of the house.

THOMAS BRUMETT sworn.

I live in St. Catherine's-lane the second door from Mr. Lebarty's.

Do you remember the night his house was destroyed? - I do; I saw Mary Roberts there; I knew her many years before; she was fronting my house, carrying away Mr. Lebarty's beds, pillows, and bolsters. She carried some to one place, some to another.

Did you hear her say any thing? - Nothing particularly only hallooing, shouting, laughing, and making game.

Did you see her take more than one parcel? - I did not observe how many parcels, but she was in the mob the whole night to the best of my knowledge.

What were the mob doing? - Pulling the house all to pieces, both inside and out, and throwing the things out at the window. They carried them out to the top of Towerhill, and there they burnt them. It is about fifty or sixty yards from the house to where they made the fire.

Roberts. Did you see me take any of the property away?

She took them after they were thrown into the street, and they threw them at one another. I did not see her go into the house.

Roberts. He knows very well I did nothing. I live but five doors from Mr. Lebarty's; the things were thrown at me; they asked if I was a Roman Catholick . They said if I did not throw them into the fire they would smother me, they threw the pillows at me and I threw them back again.

Where does she live? - About five doors off, I believe; it is at the turning which goes into another street.

Roberts. Lebarty removed three days before the rioters came.

ELISABETH FRAZER sworn.

How old are you? - Fifteen years; I live servant with Mr. Lebarty.

Was you at Mr. Lebarty's when his house was pulled down? - Yes.

When did the mob first come? - I cannot say; I was asleep on the bed when the mob broke in. After the mob broke into the house, when I came down stairs I saw both the prisoners; as near as I can guess it was past eleven o'clock when they broke in. I saw Charlotte Gardiner in my master's house, very busy amongst the mob. She was huzzaing to the mob; when I met her she brought two candlesticks out of my master's dining-room, and called out to the mob, huzza, my boys, well done, down down, with it! When they came down stairs she was carrying things by loads to the fire, and was bringing things out of my master's house. When she came back I heard her cry out, More wood for the fire, down with it, down with it; more wood for the fire!

What were the mob doing when she said that? - Tossing my master's beds and goods out at the window.

Did you see Roberts there? - Yes, I saw her helping to knock down my master's bar; I saw her and another drag the bed out; they cut it and tossed the feathers about and dragged it to the end of the lane.

What were the rest of the mob doing at that time? - Tossing goods out as fast as they could. For two nights running before my master's house was pulled down Mary Roberts said, she would fetch the mob and have his house down.

Did she say any thing that night? - Yes, she went by clapping her hands and said, She would go and fetch the mob, and have it pulled down; it was a Papist house and down it should come.

Roberts. Where was you when you saw me in your master's house?

I was just coming down stairs and saw her go up into my master's place.

Roberts. What time was the bar pulled down? I was not there till between four and five o'clock in the morning?

The publick-house was almost pulled down; I went in to try to save some of my things, and the mob were pulling the bar down, and Mary Roberts was helping them.

What time of night was that, how long after you got up? - To the best of my knowledge I think it was between twelve and one o'clock.

Had you been out of the house before? - Yes, and returned to see if I could get a few of my own things.

Court. What time was it when they began to pull the house down? - When they first began it was a little after eleven o'clock; they broke the windows below in the tap-room, and got in and opened the door.

When did they begin to break any part of the house, such as pulling down the wainscoting? - As soon as they got in they began pulling the wainscoting down; and then they threw the beds out. There was a a great deal of brick-work they pulled down.

Did they do that before they pulled down your master's bed? - They did.

THOMAS MORRIS , jun. sworn.

I live at Deptford. I was in St. Catherine's-lane, at about eleven or a little after eleven o'clock, at the time of this riot.

Did you see Roberts there? - Not till about three in the morning. I absconded from the house, and did not return till day-light; when the gentlemen of the association came. I saw this woman, Roberts, in the bed-chamber. I spoke to one of the young gentlemen of the association, to present his piece at her, in order to intimidate her; he did; she was leaning out of the window, and seemed very much in liquor. She said he might fire and be buggered.

Had you either that night or the night before heard her say any thing about the riots? - Several nights I heard her threaten Mr. Lebarty's house.

What night in particular? - On Tuesday night, she said, There was a mob in the Minories, and she would go and fetch them to pull down his house. She called him an old Portuguese bouger. I watched her out of the lane, and then I absconded from my house for fear. On Wednesday night I saw her go up the lane, and I think she then used the same expressions.

Was you in St. Catherine's-lane, at eleven o'clock when the rioters came? - I was.

Did you see either of the prisoners then? - No; I saw the rioters, but could not distinguish any body in particular; I heard her say when she was taken, that she had some of Mr. Lebarty's property.

LETITIA HARRIS sworn.

I live in St. Catherine's-lane, facing Mr. Lebarty's house.

Was you in St. Catherine's-lane when Mr. Lebarty's house was pulled down? - Yes, I was just opposite his house, at my next door neighbour's. I was not there when the mob first came down, but I was quickly after. I saw the black girl (Gardiner) lug a bed out of the house on her shoulders; that was at about twelve o'clock. I saw her bringing out things thirty or forty times; she cried out D - n you, you bouger why don't you work away, the fire will be out; more wood for the fire. They threw out beds and furniture, and she lugged them away to the fire; she worked as if she had been an horse; she pulled off her shoes and stockings.

Had they began to pull down the house at that time? - Yes; they were at the bottom part then

ELISABETH JOLLIFFE sworn.

I live in St. Catherine's-lane, opposite Mr. Lebarty's house; the mob came down to his house between ten and eleven o'clock at night.

Do you recollect at that time seeing the prisoner Gardiner any where? - I saw her coming down with the mob; I was desired by one of the neighbours to put out lights; when I came down again I heard a great number of people hurraing, I opened my door to look out; they were facing my door. There was a man with a flag, and another with a bell; and a man with a frying pan and a pair of tongs; and there was a black woman between the men.

How long after that was it before Mr. Lebarty's house was broke open? - I suppose about a quarter of an hour after; as soon as they could break the window shutters they got in; they hallo'd out huzza! down with Popery, down with Popery.

Did you hear the prisoner Gardiner hallowing? - Yes; before the house was broke open; she hallo'd and huzza'd, and cried out Wood for the fire, d - n your eyes, wood for the fire.

Was there any fire at that time? - No.

Do you recollect observing her go into the house, or that she was in the house? - Yes. I saw her going in and out of the house several times; I believe she was the first who got in at the door; I saw her go in and out and bring out a great deal of furniture and carry it to the fire.

Did you hear her say any thing at that time? - Yes. I heard her swearing and crying, More wood for the fire, d - n your eyes you bouger, more wood for the fire. She continued there the whole night.

Court. When did you see her first? - At about half an hour after eleven o'clock when the mob first came; when the gentlemen soldiers came she dispersed with the rest of the mob.

ROBERTS's DEFENCE.

I was coming home pretty near eleven o'clock; they were breaking Mr. Lebarty's door open; I could not get to my apartment. The mob asked me if I was a Roman? I said no. They said, if I did not help to carry the things to the fire they would smother me; somebody threw a bolster over my head, and almost smothered me; a person gave me some paper to take care of. The next morning I heard there was a fire there; I was not there the next morning that the gentleman mentions.

For Roberts.

THOMAS BUDDIN sworn.

I will speak the truth, which I know between my neighbour. I live as nigh to him as I am now to your lordship, opposite his house. I was at my own door; a great many of the mob came. I rescued as many things as I could from these people for Mr. Lebarty. I had a great many of his things concealed in my house before the riot began. I put them with the other things which I had of his. I saw Roberts picking up feathers, the mob had cut beds and were throwing them about the place. I said, how can you behave so when you are neighbours all together. Said she, I will take care of them for Mr. Lebarty, when he comes for them he shall have them. The next day, I believe, she told me the bellman had been about; she gave him notice that she had things in her possession. The bellman told her to keep them till he fetched them and she should come into no trouble about it. I saved a great many of his goods for him, and because I did not choose to swear to people whom I knew nothing of, he said, they would reckon me among the mob; they told me if I did not come that they should take me up after the session was over, and give me three months imprisonement.

Court. Who said so to you? - Mr. Morris.

Counsel for the Crown. What time of the morning are you speaking of that you saw the prisoner taking care of things? - Three in the morning.

You are certain the prisoner Roberts was taking care of something, what was that? - Loose feathers, which lay down on the ground, and a few wills and powers, which I saw; they came and returned them to Mr. Lebarty.

MARY ROBERTS sworn.

I married Roberts's brother. I have known her twelve or thirteen years; I never knew any thing of this sort of her before. I never heard that she was taken up or in prison before.

Has she a good character? - She always bore an exceeding good character, from what I heard, and worked hard for her living; she was left a widow with one child.

BOTH GUILTY ( Death .)

Tried by the Second Middlesex Jury before Lord Chief Baron SKYNNER .

362. RICHARD FOSTER was indicted for that he, together with twenty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 8th of June, to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Ferdinand Schomberg , against the form of the statute, &c.

FERDINAND SHOMBERG sworn.

Where do you live? - In Woodstock-street .

Was you at your house on the 7th of June last? - I was; about ten or twelve men came to my house, at about a quarter after twelve o'clock at night; they broke the doors in, and broke all the glasses, and destroyed all the furniture, throwed it out at the windows, and burnt it in the street; they broke one door entirely down, and several other doors the pannels were knocked out.

Was it the outer or inner door of your house which was broken? - The inner door entirely down.

How was the wainscoting in the garret? - Broke; there were holes broke through the garret, and in the house are some places where they have broke, but not pulled down; there is a partition in the garret which is entirely broke through; the doors were pulled down.

How was your outward door? - The pannel was broke in, and through that pannel they got into the house.

Was the house in repair before they broke in? - Yes it was.

WILLIAM ROSE sworn.

I am servant to Lady Austin. I live in North Audley-street.

Were you in Woodstock-street at the time Mr. Schomberg's house was attacked? - Yes; the mob began at a quarter after twelve o'clock I was passing through the street.

How long did you stay there? - I did not stay there long; I went to South Audley-street, and then came back again.

Did you observe any person in particular who you can speak to being present in that mob? - If they are here I can speak to them.

Look round and see if you see any one? - I saw that person (the prisoner.) When I first saw him he was coming out at the door with something in his arms, which appeared like chair covers; I had seen him several times before but not to speak to him, but I knew him by passing the streets once or twice a day; he drove cows about.

What did he do with those chair covers? - Threw them into the fire which was burning before the door.

Did you after that observe him do any thing? - Yes, I saw him come and stand under the window, receive the things which were thrown out from the one and two pair of stair's window, and throw them into the fire likewise.

Did you observe him have any thing in his hand? - I observed him have a link in one hand and a stick in the other.

How long was that after? - I cannot say justly; he was raking the fire with the stick, and setting the things on fire with the link.

When was the prisoner apprehended? - On the 21st, last Monday.

How came he to be apprehended? - I saw him in the street, on the 20th, upon a grey horse; I mentioned it to my lady; she wrote immediately to Lord Le Despencer, and his lordship sent to Sir John Fielding to have him taken up.

Had you not seen him between the 7th and the 20th? - Not to my remembrance, if I had I believe I should have made a remark of him before.

Had you given any description of him before? - I mentioned it to my fellow servant as soon as I got home, that I happened to see this person; I had seen him about the streets several times, and that I positively could swear to him.

Do you mean the same day that the house was burnt, or when you saw him with the grey horse? - The same day the house was destroyed. They asked me what I had seen, what passed, and then I described the prisoner to them.

PRISONER's DEFENCE.

My master is at the door to appear for me: I shall be fourteen years of age some time next month.

For the Prisoner.

JOHN TRIBBLE sworn.

The prisoner has been my servant about fourteen or fifteen months; he always behaved in an upright manner.

Court. What age is he? - I do not look upon him to be more than sixteen or seventeen, I cannot rightly say; I have trusted him to go and receive bills for me; he has brought me two guineas at a time; I never found him deficient in a halfpenny in my life; here are more neighbours who will give him that character.

JOHN BIRD sworn.

I have known the prisoner five or six years; he has drawn beer in many publick-houses in our neighbourhood; he always had the character of an honest youth; he was never discharged, as I know of, from any one place without a character to another for carefulness and sobriety; he lived opposite me, at Mr. Tribble's; he some times plays as other boys do, but I never saw him out of a night to my knowledge.

JOHN HARRISON sworn.

I have known him a year and an half; he was always industrious in his business. I lived with him; I never knew him to be out of night.

Jury to Rose. Did you see the prisoner when you was first there, or when you returned? - I saw him when I was first there.

Jury. What was the reason of your being there at that late hour? - Lord Le Despencer, who lives in Hanover-square, is my lady's own brother. His lordship's house was threatened to be plundered that night; my lady desired me on that account to go there that I might inform her whether there was any danger or not; and so I continued going backwards and forwards till four o'clock in the morning, and then I went off.

Court. Is your fellow-servant here who you told it to the next day, and described the prisoner to? - No.

Jury. I think you said the boy (the prisoner) went through your street every day? - Not particularly through our street every day. I have seen him about Carnaby market, New Broad-street and New-street, Carnaby-market.

Jury to Tribble. Was the prisoner in your service till he was taken up? - Yes, in the compacity as he was before, and went about the street in his business as before this time; he never kept out of the way a minute.

To Rose. Do you look upon yourself as entitled to the reward? - I do not know that I am. I have heard there is a reward about something, but what I do not know.

GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

(The prisoner was humbly recommended by the Jury to his Majesty's mercy.)

363. JAMES IRONS was indicted for stealing a wooden tub, value 1 s. and a gallon of geneva, value 4 s. the property of Thomas Langdale , June 7th .

WILLIAM BOSWORTH sworn.

On Wednesday the 7th of June, between six and seven o'clock at night, I saw the prisoner coming up Field-lane with a tub of liquor; he said to me, Bosworth, I know you are an officer, will you drink with me?

It was geneva was it? - It was by the smell as it passed me. I did not taste it. I said no, I will not drink, where did you get it? he said, At Mr. Langdale's, and if I would go, I might get as much as I could drink. I said I would not touch a drop of it. The next day I met him, but we did not speak together. On the Friday-week following, it was search-night, then I apprehended the prisoner.

Are your sure the prisoner is the person you saw with the gin? - Yes; I knew him before.

What is he? - I believe he calls himself a hay-seller.

How far from Mr. Langdale's did you meet him? - About half way up Field-lane.

Do you know where the prisoner lives? - Yes, at Cow-cross, in a court facing the Castle.

PRISONER's DEFENCE.

I have not spoke to this gentleman since last Bartholomew-tide. I deal in the same business as he; he and I had some words about a horse; he jawed me about it, and said he would be revenged of me. He reported that I asked him to drink, and said, D - n my blood, there is liquor enough running down the kennel. I never asked him to drink.

For the Prisoner.

WILLIAM PARKER sworn.

I have known the prisoner fourteen or fifteen years. On the 7th of June he was in my company from twelve at noon till nine at night.

What are you? - I buy and sell horses.

Where were you at that time? - We were at the Horse and Groom three hours.

How do you remember it was the 7th of June? - Because it was the day Mr. Langdale's house was demolished.

How came he to be so long with you? - We were out together; he was part of the time at my house in the bowling-green alley, Turnmill-street. My house is half a mile from Mr. Langdale's; he came at twelve o'clock. We were at my house about an hour, and we were some hours going backwards and forwards in the street.

What to do? - Watching if there were any horses to be bought. I pick up horses in the street. We went to the Horse and Groom, in Turnmill-street, about half after four o'clock, and staid till near nine; there were in company with us William Kitchen , Samuel Roberts , and Peter Scarborough .

SAMUEL ROBERTS sworn.

I am coachman to Mr. Hayward, and Mr. Bolton, at the Green-park coffee-house, Piccadilly.

Do you know the prisoner James Irons ? - I have known him about a twelvemonth; he has a very good character as far as I have heard. On the 7th of June last I was sent by my master to sell a horse that had the glanders. I came down to Hockley in the Hole, to Mr. Parker's; he was not at home; his wife sent for him; she said he and Irons were together. I found the prisoner with Mr. Parker and Mr. Kitchen at the Horse and Groom, about five o'clock, as near as I can guess. I staid there till better than half after seven.

How long did the prisoner go away before you? - I found him there, and left him there. Parker was in company there all the time,

Who was in company besides? - Peter Scarborough , and William Kitchen . He went there to look after a horse he had lost.

What did you drink during this time? - We had three pots of ale to the best of my knowledge. As I came back I saw Mr. Langdale's house pulling down, and the things demolishing as fast as they could.

PETER SCARBOROUGH sworn.

Do you know Irons, the prisoner? - No. I was never in his company in my life before that night, the 7th of June. I went with our coachman who was going to sell a horse. I had the misfortune over night to loose a horse, and I went there to look after it.

You went to a publick-house? - Yes. I do not know the sign; we were there about four o'clock. Bosworth left us about five o'clock.

What time did you go into the publick-house? - After five o'clock.

Who did you find at that publick-house? - Parker and James Irons drinking. About a quarter after seven, not finding the horse, we went to advertise it by Temple-bar.

How long did you stay at the publick-house, in Turnmill-street? - Till about a quarter before seven o'clock.

Did not you stop at Mr. Langdale's? - No.

Did not you go to look at Mr. Langdale's house? - I was no nearer than Hatton-Garden.

Where was the prisoner? - We left him and Parker drinking.

WILLIAM KITCHEN sworn.

You know Samuel Roberts ? - Yes.

Was you in company with him on the 7th of June? - Yes.

Did you go to the publick-house, in Turnmill-street? - Yes; I think they call it The Stove; I know the landlord and the house very well; the prisoner knows me well, and he knows I know it.

Do you know the prisoner? - Yes, I know him well; I have known him about a year and an half; I never heard any thing ill of him before.

Did you see him any where on the 7th of June? - I came into his company about five clock, at The Stove, in Turnmill-street; Parker was with him and me when I went there to Roberts and Scarborough.

Who came in to you? - A great many people came in, but I went in to wait till Roberts and these men discharged their business.

Did they come to you? - Yes; the prisoner and Parker and I were there till about half past six, it might be a quarter or half an hour past six, then Roberts and Scarborough came, as they had promised me before.

How long did you stay after they came there? - A considerable time, I suppose when I went there it wanted about a quarter of eight o'clock; we did not hear of any rioters till we were coming home; and on Saffron-hill we met the men with some gin.

Do you know the Horse and Groom? - No.

Do you recollect what time Roberts and Scarborough came into The Stove? - I think, to the best of my knowledge, a quarter past six or more, it was some where thereabout; he took me to his house to show me his tan-pits, after he had bought the horse.

Who is that? - Bosworth, he bought the horse about a quarter before five of Roberts.

What time did Bosworth leave you. - About five o'clock or a little after five o'clock.

When Bosworth left you did you go to this publick-house? - I went to the publick-house and took Irons with me.

Where was Parker? - Parker was along with us.

And Roberts and Scarborough did not come till half an hour after six o'clock? - They came about a quarter after six, I did not look at the clock.

Did you see Roberts and Scarborough the day before? - Yes, they called at my house.

Where were they from five to six o'clock; - They went with Bosworth to drink; sixpence was to be spent on the buying of the horse.

He staid with Bosworth till past six o'clock? - Yes.

To Bosworth. Do you know The Stove? - Yes; I was not in the house all day.

EDWARD LLOYD sworn.

I am the master of the publick-house.

Where you in court when William Parker and Roberts gave their evidence? - I was not.

What is the name of the publick-house? - The Horse and Groom.

Does it go by the name of The Stove? - Sometimes, as a nick-name.

Do you remember the prisoner being in your house on the 7th of June? - Yes; from five o'clock till after seven; these three men were in company with him,

Did they come together? - I cannot say that they came together all at once, I believe Parker and the prisoner came in together, and another with them, and the other two afterwards.

What time did the other two come in? - A little after five o'clock I belive.

NOT GUILTY .

Tried by the Second London Jury before Mr. RECORDER.

364, 365. THOMAS MOONEY and THOMAS TIPSON were indicted for that they, together with a hundred other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Thomas Langdale , against the form of the statute, &c.

(The evidence against Tipson was given first and his case separately determined.)

JAMES MATHEW sworn.

I am servant to Mr. Langdale.

Do you remember seeing Tipson at Mr. Langdale's, on the evening that his house was broke into? - Yes, to the best of my recollection, between three and four o'clock in the evening.

What time was the house broke into? - An hour and an half or two hours after I saw Tipson there.

You did not see the prisoner Tipson there after it was broke into? - No.

JAMES BROWN sworn.

I am shopman to Mr. Langdale.

Do you remember seeing the prisoner Tipson the evening Mr. Langdale's house was destroyed? - Yes, about half after three o'clock. He said, he was informed there was a Roman chapel in the house. I told him there was none. I said if he pleased I would go all over the house with him. He said, he did not want to go. I asked if he was a Birmingham man. He said he was; he shook hands with me; I asked him to drink. He said, he would not, they has had a battle in Bloomsbury-square, and lost some of their colours. He then went into the mob, and a tall man said, there was a Roman chapel in the house, and the house must come down.

Did you see him there after the house was broke open? - No.

TIPSON NOT GUILTY .

WILLIAM CONNOR sworn.

I am clerk to Mr. Langdale.

Was you at Mr. Langdale's on the day his house was destroyed? - Yes. On Wednesday the 7th of June, about a quarter before six in the evening, the prisoner Mooney, with a drawn sword in his hand, at the head of three or four hundred people, came down Holbourn towards Mr. Langdale's house. I saw him coming when I was at Mr. Langdale's shop door serving the people, who had then assembled, with gin; at that time Mooney was opposite St. Andrew's Church. I left the people I was serving with gin and went to meet him to endeavour to stop him from coming to the house, fearing the consequence that might attend his coming. I laid my hand upon his shoulder and told him that if he would be so kind as not to go to the house he should have as much gin as he pleased where he was then standing; accordingly he stopped and ordered all his men to stop, whom he had behind him.

Did they obey that order? - They did; the prisoner immediately went along with me to where the pipe of gin was, opposite Field-lane, and the men with him; the pipe of gin was brought out; they could not get conveniently to it without a cock. I asked the prisoner to go with me to the warehouse and I would get him a cock; he went with me; we could not conveniently get in at the door, on account of the many people who were assembled. He flourished his sword about his head three or four times, and a scuffle ensued between him and several of the people; they not being pleased to see him flourish his sword; they laid hold of it; a scuffle ensued, and he got his sword broke; while that scuffle happened I went into the warehouse and got a cock, but saw no more of the prisoner that evening, to my knowledge.

The mob had not then broke into the house? - The mob had not broke into the house at that time; when the prisoner was examined before Sir Watkin Lewes , after I had been examined, he said what I had said was fact.

Were there any promises made to him? - None.

What time did the mob break in? - At about half after six o'clock, which was about half or three quarters of an hour after I saw the prisoner; the last time I saw him was about six o'clock, the mob broke in at about half after six or near seven o'clock.

Are you certain the prisoner is the person you saw there? - Yes.

Prisoner. I went to assist him; that was the reason why they stopped me with the sword at the door, did he see me any more?

Connor. I never saw him any more.

JOHN SUTHERLAND sworn.

I am a serjeant in Colonel Fuharton 's regiment.

Was you at Mr. Langdale's on the Wednesday on which his house was pulled down? - I was employed with nine men to protect Mr. Wedderburne's house, in Lincoln's-Inn-fields; coming down Snow-hill with the nine soldiers I saw the mob at Mr. Langdale's house, that was about a quarter after six o'clock.

Did you see any person you took particular notice of there? - I saw two.

Who were those two? - The prisoner was one of the men; I saw him come to the door, and he stood pointing his sword to James Henry , who was on the top of the leads over the door.

Had Henry any thing in his hand? - Yes an iron bar. The prisoner said to Henry, Knock on, my brave fellow.

What was Henry doing? - He was knocking at the window with the iron bar. After that I saw a scuffle between him and the party at the door, and they broke the sword. I could not get up Holbourn with the men. I went round Fleet-street, to the Strand, and staid with the men at the New Church till the officers sent for us.

Was it before the house was broke open that you were there? - They had broken into the house; the doors were open, and they were going into the shop.

Prisoner. Whether you know what o'clock it was when the windows were broke by Henry? - I saw Henry knocking at the window between six and seven, or a quarter after six o'clock.

To Connor. At the time you saw the prisoner with the drawn sword at the door had Henry broke any of the windows, or was it afterwards? - It was afterwards.

What time did Henry break the windows? - Between six and seven o'clock; after the time I last saw the prisoner, when I went to get the cock, I served some people with gin, I saw Henry on the leads, and went up stairs, that was after I saw this prisoner.

What state was the house in when you left it? - They were then pulling down every thing; the lower and upper windows were demolished at the time.

PRISONER's DEFENCE.

On the night of this disturbance I was in the house of Mr. Wood; the mob came by; I went out among them; I saw some people at Hatton Garden with a sword sheathed; I took it from them, and this gentleman came to me and asked me to go down with him to the warehouse; I said I would. The mob fell upon me and broke the sword and hurt my arm.

For Mooney.

THOMAS HOLCROFT sworn.

I am a comedian, I belong to Drury-lane theatre.

The prisoner I believe knows nothing of you, you came here by accident? - By accident; I know something of this circumstance respecting the sword.

Will you relate what you saw? - I was coming by Mr. Langdale's house, there was a great mob; I am not certain of the time; I suppose it was after five o'clock.

Between five and six? - Most probably so.

Did you distinguish the prisoner there? - I distinguished the prisoner, to the best of my recollection, I am almost certain; there was a person with a blue coat and white waistcoat struggling with the prisoner for the sword, and the prisoner was rather in liquor.

The prisoner and another person were struggling for the sword? - Yes; at the end of Hatton-garden almost.

Did you observe which had the sword first before they began? - The prisoner brought it under the window to the man the jacket and blue apron; and the man said any body should have that sword for half a crown. I believe the prisoner had the sword first, and was bringing it down sheathed, not in a hostile way; but I cannot be positive that it was the prisoner. A struggle ensued between them; the man with the blue apron seemed to want to make a property of the sword. That circumstance in his defence is true respecting the sword, and its being sheathed.

Cross Examination.

Did you see any thing done at Mr. Langdale's? - No, I was going home the contrary way.

JOHN WOLFE sworn.

I am a victualler. I know the prisoner.

Do you know any thing of him on the afternoon of the 7th of June? - I know nothing of this business. I know he has always acted like a very honest man; he lodged with me. He always came home in due time.

Can you recollect nearly the time he came home on the 7th of June? - Yes. he came home between ten and eleven o'clock.

You know nothing of him that evening before that time? - No.

Was he drunk or sober when he came home? - Seemingly to me fuddled.

Prisoner. I was at home before ten o'clock, I was at home at seven?

Wolfe. I do not recollect that.

JOHN WARD sworn.

I am a bricklayer. The prisoner has worked for me five years; he behaved very well during the time he was with me; he was a very honest man, and very obliging to all my customers.

SAMUEL NEWHAM sworn.

I am a carpenter. I have known the prisoner six years; I always took him to be a very honest good fort of a young fellow.

RICHARD PAYNE sworn.

I am a bricklayer. I have known the prisoner about four or five years; he is a very honest sober young fellow. I have borrowed him of his master; he always gave satisfaction where I employed him.

JAMES SOUTER sworn.

I am a carpenter. I have known the prisoner a year and a half; he bore a very good character.

NOT GUILTY .

Tried by the Second London Jury before Mr. RECORDER.

366. JOHN GRAY was indicted for that he together with five hundred other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of the Right Honourable William Earl of Mansfield .

2d Count. For beginning to pull down a certain out-house belonging to the dwelling-house of William Earl of Mansfield.

THOMAS LEARING sworn.

I am a constable of the parish of St. Giles's I keep a shoe-warehouse in Holbourn.

Was you in Bloomsbury-square on Wednesday morning, the 7th of June? - Yes. The high constable and I had been all night at the Rotation-office, to defend it. We were in Bloomsbury-square about eight o'clock, I saw the prisoner at Lord Mansfield's; I knew his person well before; he had a large bar of iron, and was sitting upon the cell of the window, and breaking down a wall of a building which was separate from Lord Mansfield's house; there was a vast concourse of people there. I suppose near two thousand; I durst not apprehend the prisoner on account of the concourse of people. I saw him three days after at the Rotation-office, on another charge.

HENRY RICHARDS sworn.

I am under-cook to Lord Mansfield.

Do you remember, in the morning after Lord Mansfield's house was destroyed, seeing any thing of the prisoner? - Yes, I saw him about five o'clock in the morning with an iron bar on his shoulder; I did not see him break any thing belonging to my lord. I know him particularly by his crutch. I saw him at five, and again at eight o'clock.

Is the building the last witness describes detached from the house? - Yes, it is the room where I lay, it is over the kitchen and under the laundry.

You are sure the prisoner is the person? - Yes.

Was that building, the kitchen, and the rest destroyed in the course of the morning? - They were totally down, I believe by ten o'clock.

WILLIAM POOLE sworn.

I saw the building destroyed.

WILLIAM DAWKINS sworn.

I am under-butler to Lord Mansfield. I was at my lord's house on the 6th of June, when the mob first came. I saw the prisoner about four in the morning. I passed him several times in the house with my Lord's liquor in his hand coming out of the house; I saw him in the street afterwards near the place that was pulled down; but I did not observe him doing any thing. He had nothing in his hand but his crutch then. I saw him carrying out the bottles before.

PRISONER's DEFENCE.

I got up about a quarter before four o'clock, I was dry; the people said there was a shocking murder done in Bloomsbury-square. I went there and saw a soldier wallowing in his blood. On the 11th of June I was taken up by a constable on suspicion of picking a gentleman's pocket. After I was fully committed, the constable came and said as I was committed he would charge me with pulling down my Lord Mansfield's house.

GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. RECORDER.

367. WILLIAM PRIOR was indicted for stealing a cloth coat, value 5 s. two cloth waistcoats, value 4 s. a pair of cloth breeches, value 1 s. a nankeen waistcoat, value 2 s. a pair of nankeen breeches, value 1 s. two cambrick stocks, value 2 s. a linen shirt, value 5 s. a guinea, two half-guineas, three half-crowns, and a crown-piece, in monies, numbered , the property of William Griffiths , June 28th .

WILLIAM GRIFFITHS sworn.

The things mentioned in the indictment were taken from my lodgings, between six in the morning and noon. On last Wednesday I went out to work about a quarter before six; I left my box at home; I cannot say positively whether it was locked or not; a handkerchief lay on the top of it. I locked my room door as usual, and heard the bolt of the door chink. I came home about twelve; I found the room door locked and the key in the same place where I had left it. I missed the handkerchief which had been lying upon the top of the box, that alarmed me. I then found my box upon, I cannot say whether the box was locked before; I missed every thing which I had left in the box (repeating the several things mentioned in the indictment) I am sure they were there in the morning; upon that I made enquiry. Suspicion fell among others upon the prisoner, who was journeyman to a Mr. Brown, a baker, who lives in the same house with me; the maid servant and others were searched; upon searching the prisoner, two guineas, two half-guineas, a queen Ann's half-crown and another half-crown were found upon him. I immediately said the half-crown had a particular mark upon it if it was my half-crown. Upon its being shown me I saw the mark upon it and swore to it.

( M'Donald, a constable, deposed that he took the prisoner into custody and confirmed the circumstance relative to the half-crown.)

PRISONER's DEFENCE.

He promised me that if I would enable him to get back his money and clothes he would not prosecute me but forgive me.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

368, 369. ENOCH FLEMINE and JOHN MORRIS were indicted for that they together with twenty other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Ferdinand Schomberg , against the form of the statute, &c.

FERDINAND SCHOMBERG sworn.

I live in Woodstock-street, Hanover-square . On the 7th of June at twelve o'clock at night, about ten or twelve people came to my house with iron bars and broke open the door; when the door was broke open I ran out of the house to endeavour to get some assistance.

In what condition was your house when you left it? - In exceeding good condition.

In what condition was it when you returned? - Almost all the furniture was thrown out at the windows; the windows were broke, the wainscoting was pulled down; it was broke in several different places with the iron bars.

Court. Was any of it broken down? - Some of the doors were broke down, and part of the chimney-piece, and the wainscoting very much broke.

Do you know any of the persons who were concerned in it? - No.

ANN THOMAS sworn.

I am servant to Mr. Schomberg. My master's house was broke into by several people at twelve o'clock at night. I saw both the prisoners in the back parlour.

What were they doing? - They were fitting by the child in bed.

Had either of them any thing in his hand? - Flemine had an iron bar in his hand. Flemine said to me, You bitch, see what I have brought for you! and shewed me the iron bar.

How did he hold the bar when he used that expression? - He struck it against the ground.

How long afterwards was it before they were apprehended? - I believe half an hour, by the Life-Guards.

Were they taken in the house or out of the house? - I do not know.

How many people got into the house at that time? - About twelve.

Had Morris any thing in his hand? - I cannot say he had.

When did you see them after they were apprehended? - I saw them in the park about a week after.

Did you find them out yourself or were they pointed out to you? - I found them out myself.

Are you positive they are two of the persons who were in your master's house? - I am.

Court. What did the persons who broke into the house do? - They broke the doors and the pannels of the window shutter.

What did you see the prisoner do? - I saw one of the people in the house take a fiddle and play at one of the windows.

How long after the people broke into the house was it before you saw the prisoners in the back parlour? - Directly after they broke in.

Flemine. At the justice's she said she believed I was one of the men; but she could not be certain.

When they were examined before the justice did you say you thought Flemine was the man, but you were not certain of it? - I said Flemine was the man, I was very sure of it.

AMBROSE MELARCHY sworn.

I am a chairman and bricklayer. I live at the Green-man in New Bond-street. I carry lady Archer by the week. I heard a noise; I was going up to my lady's, to put up lights for fear her windows should be broke. Coming by the fire of Mr. Schomberg's goods, I saw one of the Life-Guards come up and held his horse about two or three minutes; he went and brought these two men out of the house as he told me. I did not see him go in or come out of the house; he delivered them to us, and we took them to the Duke of Gloucester's riding-house, where they were taken care of.

FLEMINE's DEFENCE.

I had been to my brother's. As I was coming home, a little after eleven o'clock. I heard there was a fire. I went along with a good many people. When I came there the place was not on fire, but there was a fire in the street as to my doing any damage to any mortal I did not.

MORRIS's DEFENCE.

As I was coming home with my brother I I saw a great mob. I saw there was a great fire. Hearing there was a child in the house I ran in to see if I could save the child. The woman might see me there. My brother Flemine and I were taken just after. We are brothers by two fathers, but the same mother.

For the prisoners.

EDWARD BIRD sworn.

I have known Enoch Flemine between seven and eight years, and Morris about two years. I have bought a good many pounds' worth of goods of Flemine. I never heard any blemish in his character before. He is a basket-maker, he bore a good character as far as ever I heard. He has a large family; he worked hard for them. He was brought up in St. Giles's school.

JOHN PERRY sworn.

I keep a chandler's shop. I have known Flemine about seven years; I have known the other about a twelvemonth, when he came apprentice to his brother. I never heard any thing against Flemine, but that he worked hard for his family. I never heard any thing good or bad of the other.

JOHN CHILD sworn.

I am a dentist I have known Flemine two years; he is a worthy industrious man. I have known Morris some short time; I know very little of him. Flemine has a wife and four small children.

ALICE WIGGINS sworn.

I am a harp-maker's wife. I have known Flemine from his infancy. I never heard any thing bad of him till this.

Do you know the boy (Morris)? - I knew the mother before she bore him; they are both of one mother. I never heard any thing against the child or the man. Morris is about fifteen years of age.

CATHERINE FRY sworn.

I have known Flemine eight years; he is a sober, industrious, hard-working man; he always paid every one his own.

What is the character of the boy? - He was always a sober, honest boy; he was in St. Giles's school. I have known him seven years.

BOTH GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. RECORDER.

( Morris was, on account of his youth, humbly recommended by the Jury to his majesty's mercy .)

370. THOMAS MORRIS was indicted for that he in the king's highway, in and upon John Wheeler , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one shilling, in monies, numbered, the property of the said John , June 7th .

2d Count. Laying the robbery to have been committed in the dwelling-house of James Baker .

JOHN WHEELER sworn.

I am clerk to Mr. James Baker of Brook-street, Holborn .

Was you at Mr. Baker's, on the 7th of June last? - Yes.

Did you see the prisoner any time that day? - I cannot positively say he is the person. Several people came up to me and demanded money; that was at about eleven o'clock at night on Wednesday the 7th of June. I was standing at the door, about half a dozen people came up to me and demanded some money. I offered them some halfpence; they refused halfpence. I then offered them a sixpence; they refused that, saying they took nothing under a shilling; upon which I gave them a shilling. When I gave them the money they gave three huzzas, and went on.

What induced you to give this shilling? - It was through fear.

Are you able to recollect whether the prisoner was or was not one of those persons? - I am not certain.

Court. Had these persons any weapons? - Yes, I think most of them had sticks or bludgeons.

Was there any more persons assembled at the time? - The street was in confusion at the time; I believe there was but half a dozen of the mob.

BENJAMIN WILLIAMS sworn.

I am foreman to Mr. Baker.

Do you remember being present at the time Mr. Wheeler has spoken to, when some people came up to him? - Yes.

What was it? - I do not recollect the evening, it was the night Mr. Langdale's house was attacked; I believe between ten and eleven o'clock. They came and knocked at the door; I was in the dining-room putting out lights. I went down stairs and opened the door; they wanted money they said. I told them that Mr. Baker was not at home, and we were nothing but servants, and could not afford to give any money; Mr. Wheeler offered them money for a pot of beer; they refused that. After that he offered them money for half a gallon, sevenpence; they refused to take that, and said, they took nothing less than a shilling. I desired Mr. Wheeler to give them a shilling to get the mob from the house.

Do you recollect either of them? - To the best of my knowledge the prisoner was one of them.

Court. If you have a doubt about it say so? - I doubt about it because it was late. I cannot swear to him.

Counsel for the Crown. I have another witness to support this charge, but I have learned that he has some ill-will to the prisoner, therefore I shall not call him.

(The prisoner was not put on his defence.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

THOMAS MORRIS was indicted for that he in the dwelling-house of James Jones , in and upon Margaret the wife of Thomas Gardner Jones , did make an assault, putting her in corporal fear and danger of her life and stealing from her person four-pence, in monies, numbered, the property of the said Thomas Gardner Jones , June 7th .

(There was not any evidence given to support the indictment.)

NOT GUILTY .

371. GEORGE RANDALL was indicted for that he together with forty other persons and more did unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Peter Lyons , against the form of the statute, &c.

THOMAS TATUM sworn.

I am one of the beadles of St. Luke's parish.

Do you know Mr. Lyon's house? - Yes, very well, it is in Bunhill-row .

Was you in Bunhill row on the 6th of June? - The 7th the riot was; in the morning I was informed of it at the watch-house, about two o'clock. I ran up to Bunhill-row; I saw it was at the house of Mr. Lyons. The fire was kindled and a great number of people were throwing Mr. Lyon's furniture into the fire. I saw the prisoner, I knew him very well before; he was receiving the things as they were thrown out at the window and conveying them to the flames. There was some bedding lay on the ground, which was cut open so that we were up to our knees in feathers. I saw the prisoner take some fire in his right hand and set it on fire. The mob were throwing the furniture out at Mr. Lyon's windows at the time.

Did you observe how the doors and windows were at that time? - I did not, I was on the opposite side of the way.

How long was the prisoner acting in this manner? - Till the things were consumed and the rioters went away; I saw the prisoner go away.

Did you see any thing in the prisoner's hand? - No.

Cross Examination.

When did you first make a discovery of this? - The next day I made my observations to some people there that I was sorry to see him act so imprudent.

He is a very old man? - They tell me he is near sixty.

All that you saw done was furniture taken from the house? - Yes.

SAMUEL SARTIN sworn.

I am a butcher. I live about three or four hundred yards from Mr. Lyons. I was at Mr. Lyons' when the window was broke, at about two o'clock; there were then about twenty or thirty people about the house.

Did you see them break in? - Yes; they broke the top part of the door where there was a window, and so got in; then they opened the windows and let the rest in. I saw the prisoner about a quarter of an hour after they broke in. They then threw the things out of the house and Randall took them and put them on a heap, and they were burnt.

What things? - Chairs, tables and furniture.

How long did you see the prisoner there? - He might be there an hour for what I know.

Are you sure he is the person? - Yes, I knew him before by sight, I did not know his name; he went round the fire two or three times with a stick in his hand.

He walked round it two or three times? - Yes, it might be twenty times for what I know.

Cross Examination.

It was a quarter or half an hour after they broke in that the prisoner was there? - I said a quarter of an hour.

Then when they broke the house open the prisoner was not there? - I did not see him there then.

GEORGE DENTON sworn.

I am a beadle of St. Luke's parish. I was at Mr. Lyons' house, in Bunhill-row, when it was attacked by the mob, which was about three o'clock on Wednesday morning the 7th of June; the churchwarden fetched me to take the engine there for fear the opposite house should take fire.

What number of people did you see there? - A great many.

Did you see the prisoner Randall there? - Yes; I was very sorry to see it; he was very active; he had a bludgeon in his hand, and was about the fire. I was behind the mob, I could not see particulars.

You do not recollect any thing in particular that he did? - No.

Then how do you know he was active? - Because he was amongst the riotous mob; he was covered all over with feathers; he came round the engine to the place where I was.

Did you know him before? - Yes.

What were the mob doing to the house at the time you saw him there? - They were burning the things; I did not see them doing any thing to the house.

PRISONER's DEFENCE.

I live in Golden-lane; a fire happened that night in Golden-lane; the mob came; I was in bed; my wife desired me to get up, I heard they were going to Bunhill-row; my wife's sister lives next door to Mr. Lyons, and she was lying in. My wife desired I would go and see if she was safe; so I went with the mob. I was not in the riot; I never wronged any man of a farthing.

For the prisoner.

THOMAS REYNOLD sworn.

I have known the prisoner fourteen or fifteen years; he is a button maker; I always took him to be an honest industrious man. I was much surprised to hear he was concerned in this matter; I believe he is sixty-one or sixty-two years old.

CHARLES RAVENHILL sworn.

I have known him ten or a dozen years; I never knew any thing but what was honest of him.

SAMUEL BAKER sworn.

I have known him above twenty years; he was always a good honest hard working man; he has had eighteen or nineteen children.

SAMUEL TURNER sworn.

I have known him twenty years; he has been a very honest man ever since I knew him both in town and country.

SARAH COATING sworn.

I have known him fourteen years and upwards; he is a very honest hard working man. I never heard any harm of him.

RICHARD LITTLE sworn.

I have known him between twenty and thirty years; he is an honest industrious man; he worked very hard for his family, and brought them up in a very good manner.

- WATKINS sworn.

I have known him seven or eight years; he is a very hard working man; he brought up his family in a very genteel manner.

THOMAS HASTINGS sworn.

I have known him about eleven years; he is a very hard working honest man.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

GEORGE RANDALL was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June, to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of John Lynch , against the form of the statute, &c.

JOHN LYNCH sworn.

I was a pawnbroker lately but am out of employ at present.

How came you out of employment? - It was by the rioters. I did live at No. 127, in Golden-lane .

What time was the attack made upon your house? - At about half after ten o'clock at night, on Tuesday the 6th of June, by 1 suppose a hundred and more of them; they first attacked the front of the house; I put a prop to the door to keep them out but they broke the window and got in. I sent my wife and daughter out at the back door; and I took my account books in my hand; a man entered the house and fetched me a knock on the side of the ear and knocked me up against the wall. I recovered myself; then another man, a shorter one than he, took my books out of my hand, and gave me a knock on the back and shoved me out at the back door.

What did the mob do to the house? - They destroyed it.

In what state did the mob leave the doors and wainscoting? - I cannot tell; I left the house at a little more than half after ten o'clock, when they shoved me out at the back door. I returned the next day; they were then demolishing the house. I went into the back yard to see if I could see any thing of the books; some of them damned me and said, if I did not get away they would make a fire of me. I saw them throwing the wainscoting and partitions out; I saw the people at work in the two and three-pair-of-stairs rooms.

Was the house in perfect repair when they came? - It was; it had not been built many years.

THOMAS MAYS sworn.

I am a tailor and salesman. I live about five doors from Mr. Lynch's; his house was attacked on the 6th of June, at about ten o'clock.

Did you see the prisoner there, and at what time? - Yes. I saw him carrying goods away, but the time I cannot justly tell; it might be twelve or one o'clock. I saw him in Golden-lane carrying the things from Mr. Lynch's house to Old-street to burn; I believe I saw him five or six times.

What were the people doing in the house at that time? - Breaking down and throwing the things into the street; the rest of them were carrying them away to burn.

Did you know the prisoner before? - Yes, five or six years.

Cross Examination.

Are you the person who informed against the prisoner? - No.

When was it you first gave information that the prisoner was there? - He laid an information against another person, a butcher, I went to appear for that other person to give bail.

When was that? - The next day about twelve or one o'clock.

What is the butcher's name? - Webber; I went to the Artillery Ground to be bail for him; he lived next door to me. I told the justice I knew that young man Webber, he was at home all night; I said, I remember now seeing Randall carrying the goods away; a captain put that down, and made me be an evidence against him.

Should you not have thought of informing against him if he had not informed against the butcher? - I did not want to make any disturbance.

Court. What were they throwing out at the windows? - Boards, wainscoting, windows, and every thing belonging to the house.

PRISONER's DEFENCE.

I have three or four women and my landlady to prove I was at home all the evening. I did not cross the kennel. That man has sworn as false as God is true. I never spoke about the butcher till three or four days after.

For the prisoner.

MARY COTTON sworn.

That night Mr. Lynch's house was pulled down, I did not see Mr. Randall stir from the door. I was looking out of a one pair of stairs window when the mob came. I heard them knock at the door first; they had no entrance, they broke it open. I do not think Mr. Randall was there, for he was at the door all the time. He lives in the same house with me; he has the two-pair-of-stairs room. I have the one-pair opposite Mr. Lynch. I stood at the door from the time of its being begun to be pulled down till almost three o'clock.

Did you observe Randall do any thing? - No; he was at the door all the time. Mr. Randall was very much in liquor; they had a pot of beer and went up to bed.

What time might that be? - About two o'clock; Mrs. Randall was a little in liquor, and I believe he was very much so.

SARAH COURTNEY sworn.

I live in Bridgewater gardens. I heard that the mob was pulling down Mr. Lynch's house; I came down to Mr. Hastings the butcher's, where Randall lives, I staid there till about twelve o'clock. I saw Randall at the door. I did not see him go from the door, nor do any thing; he said, if they (meaning the mob) were paid for their labour they would not work so fast.

THOMAS HASTINGS sworn.

I sat up till two o'clock. I left Mr. Randall at the door. I live in Golden-lane within four or five doors of Mr. Lynch's house.

When did you see any thing of this mischief? - Between nine and ten; I did not see the beginning of it.

You staid there till after two? - Yes.

Did Randall take any active part in it? - No, he said, he was very sorry to see such things, and if they were paid for their labour they would not work so fast.

(The Jury were referred to the evidence on the former trial for the prisoner's character.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

GEORGE RANDALL was indicted for that he together with 40 other persons and more did unlawfully, riotously, and tumultuously assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Cornelius Murphy , against the form of the statute .

(There was not any evidence given on this indictment.)

NOT GUILTY .

372, 373. JAMES WILSON and RICHARD REES were indicted for that they together with twenty other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolsh and pull down the dwelling-house of Ferdinand Schomberg , against the form of the statute, &c.

The Right Honourable Lord FAIRFORD sworn.

I was walking at the bottom of Little Brook-street, New Bond-street, at twelve o'clock at night or rather after; on the 8th of June, three Life-guard men came galloping up Bond-street, enquiring the way to Woodstock-street ; I pointed them the way, and from curiosity followed them. When I came to Woodstock-street, I found the goods of a house burning in the middle of the street. A life-guard man was making passes with his broad-sword at a man who was hanging out of a window, on the first floor; however he could not touch him. I told him he was a fool for not drawing his pistol. He asked me who I was? I said a friend. He replied then draw your sword, which I did, and having a pocket-pistol in my pocket, I drew that; I cocked it and pulled the trigger at the man who was hanging out of the window. I imagine he saw that, for he sprang into the house again. The pistol missed fire.

How was he hanging out? - By his hands; it appeared as if he wanted to make his escape by dropping into the area.

He got in again? - Yes, then the Lifeguard man got off his horse, drew his pistol and went into the house, I followed him immediately, and presently the prisoner Wilson came down stairs to the ground-floor. I observed the partition in the rooms below stairs were entirely broke; every pannel I believe of the wainscoting was broke, and I could perceive Wilson dodge the life-guard man who was presenting a pistol at him, ordering him to surrender, which I suppose he refused, and upon that the life-guard man turned back and went out of the house, as I concluded, to call his comrades, there being two others at the door. The prisoner then came from the back room to the front room; I was left the only person in the passage, and seeing him come forwards, I went towards him and drawing another pistol which I had in my pocket, I presented it at him, and ordered him to surrender, swearing I would shoot him if he refused, upon which he surrendered. I took him by the collar and brought him out of the house, and was going to take him to the house I live in in Hanover-square, where there were some soldiers. I had got him into Blenheim-street, when the people of the neighbourhood cried out to me, For God's sake do not go, there is another man just come out of the house, and you will take him very easily. Upon which I delivered up the prisoner to some friends I had in Blenheim-street, and turned back to look after the other person. Upon enquiry I was informed that he had got into a livery-stable yard, I think it is at the bottom of Woodstock-street. The gates of that yard were locked as well as pallisadoed; there were a great number of people in the place; I asked them for the person who had run there; they sai d he had been there but had made his escape; and then they described him to have his head and his face bloody. Upon turning about I saw a crowd at the top of Blenheim-street, and the people cried out there is the other prisoner. I ran there and saw the man with his face cut. I secured him immediately. That man is the prisoner Rees. I took him, and brought him and Wilson to my house in Hanover-square, from thence I detached a corporal and three men to the Tilt-yard.

What time of night was it when your lordship, apprehended him? - It was rather on Thursday morning, the watchman had gone twelve.

At that time the partitions, I think your lordship said, in the house of Schomberg were broke down? - Yes, every part of the house.

How many persons were in the house when your lordship got there? - The life-guards got there before me, as they rode full gallop. The people told me the mob consisted of from eight to twelve. There were women and children at their doors planet-struck at seeing the devastation that had been made.

Did your lordship observe any other persons besides the prisoners (either making their escape or in the house) that were seen to have been part of the mob? - Wilson was hanging by his hands no the outside the house; it was imagined the remainder made their escape from the back yard. Having lodged the prisoners I came back and found the trap-door at the top of the house was open, and I suspected they had made their escape that way, and Mr. Schomberg was informed they had escaped.

Court. I understand your lordship did not see Rees in the house? - I did not.

You saw Wilson hanging by his hands but did not see any persons in the house at that time? - I imagine there were none.

What sort of a place was Wilson hanging over, if he had dropped from his hands where would he have fallen to? - Into the area and upon the trooper's broad sword.

What height might it be from the ground? - I suppose twenty foot; it was from the one-pair-of-stairs room.

From Wilson. Whether your lordship saw me destroying any part of the goods or house? - No, I did not.

Wilson. Or if I had any weapons about me fit to destroy any part of the goods or the house? - He had none.

Wilson. Whether I was or not much in liquor when his lordship took me? - I believe he was excessively.

Wilson. If his lordship can be certain that I was the man at the window at that time of night, when it must be dark, and many people were in the house? - There was light enough in the street from the fire of the goods to have lighted all Oxford-street; I could easily distinguish him, and had him in my own house an hour and an half before I dispatched him to the guard-house, and I bound his arms before I sent him away for he was very unruly.

After he was apprehended was his deportment peaceable or otherwise? - He was very unruly, I was obliged to gag him and tie his hands.

Jury. Had he any kind of weapon? - None that I saw; I did not examine his pockets.

Court. What did he say to you when you took him? - He said, I had no right to take him; and after he was in my house he swore, By God it was lucky that I had taken him or else that the house, he was then in, should be the next on fire, but he was mad with liquor.

FERDINAND SCHOMBERG sworn.

What time of night was it that your house was broke into? - About a quarter after twelve o'clock.

At that time what condition was it in? - In exceeding good condition.

When did you see it afterwards? - About one o'clock.

How was it then? - Almost destroyed; stroyed; the doors were broke; the doors of the back parlour quite knocked in, and the pannels of the door of the fore parlour were quite knocked out.

Jury. You did not see either of the prisoners there? - I saw some men but I cannot recollect any.

(There being no evidence to affect Rees he was not put upon his defence.)

WILSON's DEFENCE.

My lord, I did not go along with the mob there, nor did I see the place broke open; I went accidently there, being in liquor, and followed some people who said there was a fire in that street; just as I got to the door the guards came up. I ran right forward; they were coming that way which I was going, and so they laid hold of me. I was much in liquor, I did not know where I was; the next day they took me down to some house, I cannot say what house it was, or the street it was in; the soldiers began to abuse them; and being in liquor I foolishly said some words to them, which might anger them, upon which they put me in a chair, tied me in it, and there I sat till my lord sent me down.

For the prisoner.

Mr. THOMAS HOLLINGSHED sworn.

I have known the prisoner ever since he has been in England; he came here in April 1777.

What countryman is he? - A Scotchman; he was in the army in America and was discharged for a lameness in his arm; he lived as a servant with me, and went on messages, but he was not able to use his arm much; he lived with me till July, 1778, and then he was not discharged from me for any misdemeanour; but his brother took him with a view to teach him the cabinet making business. He lived with his brother a few months, and then went to live with Mr. Petherall, who is a customer of mine, and he used to come backwards and forwards.

What is his character? - A very honest just servant as I would desire to employ; he was quite a stranger to me when I took him, but he behaved so well that I looked upon him as one of my own family.

Was he a sober man? - Very sober, quiet, and inoffensive, he was not given to quarrelling; if there was a quarrel in the street he never went out amongst them; I never had a more quiet inoffensive servant, and I have had twenty or thirty since I had him.

WILLIAM POOLE sworn.

Wilson was my servant till he was taken up, from the time he left Mr. Petherall; he came to live with me about a year and an half ago. I have known him three years; seeing his behaviour at Mr. Hollingshed's, I had so great an opinion of him that I took him without a character. I have always marked him for his good behaviour during his being in Mr. Hollingshed's service; I found him the best and most upright servant I ever had in my life. I have been attending here five days to give him a character. I did not consider it as a talk upon me, I thought it was my duty. I have a nephew who has continued to supply his place till he saw the event of this. He said,

"Don't take a porter, Sir, I will do the business of porter myself till you see the fate of Wilson." If your lordship and the gentlemen of the jury shall think proper to discharge him he shall go directly into my service. I have intrusted him with all that I have except the key of my iron chest.

ANDREW WILSON sworn.

I am the prisoner's elder brother. I have known him ever since he was born.

He was with you some time after he had been wounded in his arm? - Yes, two or three months; I found his arm would not answer for my business, being a cabinet-maker, so I was obliged to let him go to get his bread in another manner.

Is his arm quite well? - No, it was contracted in his elbow from his childhood; he used to get his bread in his own country in a more reputable manner than being a porter till he was trepanned into his majesty's service.

What character has he had; - The best of characters; he was always a quiet man of sober inclination ever since his infancy.

DAVID WILSON sworn.

I am a brother of the prisoner.

You can say the same as your brother? - Yes. I have been here four days on purpose to bring more people that were acquainted with him from his infancy; there were thirteen bills and seven were left yesterday, so I did not expect it now; I was to go to the other end of the town; there are no more at present here.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice NARES.

374. WILLIAM HUTT was indicted for that he, together with twenty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of John Turell , against the form of the statute, &c.

HENRY MYERS sworn.

I am a velvet-weaver. I live in the Parish of St. Matthew, Bethnal-green.

Do you know the house of Mr. John Turell ? - I know the house; I have been informed by the parish books that it was Mr. Turell paid the rates of the house.

Where was this house situated? - In Wheeler-street, in the parish of Christ-Church, Spitalfields .

What night was it that house was attacked? - I cannot be very positive; it was one of the three days, I really thought it was on the Wednesday; it might be on the Monday because of the boys taking the things of the house to make a bonfire of on the birth day.

What time of the day were they there? - I believe when they were there it was after church, it was between the hours of one and four.

What time was you there? - Within that time; there were a great number of people there. I saw the prisoner with some more that I knew in the house, throwing out some of the things.

Did you know the prisoner before? - I did; he is an apprentice to Mr. Clayton, a velvet-weaver, who lives very near. I saw him particularly in the garret, and I saw a bedstead chucked out which rested in the gutter; the prisoner came out and stood on the right hand side of it, endeavouring to throw it over the coping of the building; he could not do it easily; he put his legs over it; I thought it would have brought him down; but he threw it over the coping, and then he flung himself back; the bedstead broke two of the pales. I saw several people endeavour to destroy the house.

Was it destroyed? - The two-pair-of-stairs room was injured by a man with a mallet, who had a leather apron on. I should know him if I was to see him again; he endeavoured to throw out the frame of the window

Was that done? - I believe it was not.

Was any part of the house destroyed? - Part of it was injured; I am not come here to say the house was destroyed, but that I saw the prisoner aiding and abetting.

Jury. Where was you? - In Quaker-street, about forty yards from the house.

Counsel for the Crown. How long was it before you gave any information against the prisoner? - I will not challenge my memory for a single day.

Was he taken up upon your information? - He was.

How long was it after the fact that you gave that information? - I would rather you apply to evidence.

I would rather have it from you? - I do not choose to resolve that.

Counsel for the Crown. I do not like this witness; as far as I am concerned, as counsel for the crown, I give up the prosecution.

Court. It was I see the 20th of June before any information was given against the prisoner.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice NARES.

375. SUSANNAH the wife of Edward CLARK , was indicted for that she together with forty other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Cornelius Murphy , against the form of the statute, &c.

CORNELIUS MURPHY sworn.

I did keep the Sun, a publck-house, in Golden-lane . On the 7th of June, a very numerous mob came to my house between six and seven in the evening; they called for my books and looked over them. I showed them a Bible and other books; they seemed very well satisfied; they had what liquor they liked. When they went out at the door some of them shook hands with me and wished me well, and cried three times, No Popery. They went down the street about twenty or thirty yards. The prisoner was standing at her own door; she lives about fifteen or twenty yards from my house. She halloo'd to the ring-leaders of the mob as they were going off, and called them back.

Do you recollect the expressions she made use of? - She said I was a rank Papist.

Was her husband with her? - He was at the door at the time.

Court to the Counsel. When you have proved the presence of her husband you cannot charge her with a felony.

Counsel. We have to produce abundance of evidence of this woman's conduct when her husband was not present; though I conceive the evidence should be given when her husband was present, because if it was done by the order of the husband it will be liable to that observation, and it will be for the jury to determine whether what she did was by the direction of her husband.

Court. Having proved the presence of her husband at the commencement of the felony, if she does an act consistent with and of the same nature of that felony when she was not with her husband it is the same species of felony.

Counsel for the Crown. I beg the court will permit me to go through the evidence and then I think there will not be the smallest doubt of this being the voluntary act of the prisoner.

What passed after the prisoner halloo'd them back? - They came directly to my house; they said they were going to pull it down.

You were going to mention the expressions she used? - They had been talking to her, and she sent them to my house. She said I was a rank Papist and my house must come down. The mob came and said, that both Mr. and Mrs. Clark told them I was a Papist and my house must come down.

You did not hear the husband say any thing? - The mob said, We will let you know the informers, and they went over to Clark's door while they were both there.

Court. You heard neither of them? - I heard the wife say, I was a rank Papist.

Court. How far were they from you? - Ten or fifteen yards. I went over with the mob to Clark's door; the mob said he and his wife were the persons, putting their hands on their shoulders.

Did you see the husband beckon them back? - No.

Court. He said on a former trial, that there was the husband and wife at the door, and that they beckoned them back. He says now, after going some way down the street, Clark and his wife halloo'd them back, and said I was a rank Papist.

How long after that was it before your house was destroyed? - In three or four minutes time they took all the front down, and all the furniture out.

Cross Examination.

When you say you heard these words the mob were in the street? - Yes.

Did not the mob hinder you from hearing any thing at all? - No.

Who was it swore against this woman before the justice, I see the commitment says you and others? - There were Bevan and Chambers, and Lyon I believe was one.

Was not a relation of yours first of all charged by the husband of this woman for being in the riots at the same place? - There was a person charged.

A relation of yours? - Not that I know of.

Was not a cousin of your's taken into custody? - Not that I know of; I know nothing about him.

Do you know any thing of Crockall? - No.

Do you know one Wrinkle? - I know one Wrinkle, who uses my house.

Is not he a relation of yours? - I do not know that he is.

Was he taken up? - I was told so, I do not know it of my own knowledge.

I understand he was taken up for threatening to pull down the house of the prisoner's husband, and that he lodged in his house.

Court. Did he lodge in your house? - No.

Counsel for the Prisoner. Did you say you would make good your loss by occasions of this sort? - I never did.

When was the prisoner taken up? - On the Monday of the riots I believe.

The prisoner was not taken up till the 12th - I cannot say.

On the 12th she was examined, you was then before the justice? - Yes, I was told she was taken up on the Monday after.

Do not you know when she was taken up? - I cannot say.

Was she taken up upon your information? - Yes.

As she was your neighbour, and you had heard her say these words, how came you not to complain of it till six days after? - I went and informed the colonel of the light-horse in the Artillery-ground, that they were the occasion of destroying my-house.

How soon after? - A day or two after; he said they were persons of property, and would not run away.

Did you make any complaint against the woman or the husband? - Against both.

Did not the officer go to take the husband only and not the wife in consequence of your information? - I gave the information alike against them both. The City Martial came on the Sunday night and brought the guards to this man's house; they broke the door open, and while they were breaking the door open, he got out backwards and went away.

Was the prisoner taken at that time? - No, not till Monday.

Court. Do you claim the reward? - No.

ANN CHAMBERS sworn.

I live at No. 13, Golden-lane.

Mrs. Clark and her husband lived in the same lane? - Yes.

Do you remember seeing the prisoner any time of the evening that Murphy's house was destroyed? - I do; between six and seven o'clock in the evening of the 7th of June, the prisoner was very busy at her own door, and in the middle of the mob; she desired that the house might be pulled down for it was a Roman Catholick's house, and there were nothing but Roman Catholicks in it; and it must be pulled down, and down it should come.

When she was out in the mob was it at the time the people had entered Murphy's hou se or before? - It was after the people had been in the house; they went away and seemed satisfied; they cried no Popery. She called them back and said, why did they go away for it was a Roman Catholick house, and down it should come; that there had been an Irish wake in the house, and down it must come. There was one Waters, a man in a blue coat and blue stockings, who has crooked legs, he damned his eyes and limbs and said it must come down! he entered the house first. One time when she said this she was at her own door; at another time on the pavement before the door; when the mob were throwing the drawers and things out of the two-pair-of-stairs room.

Did you observe the prisoner, during the time the people were in the house destroying it, shewing any other countenance to them? - During the whole time she was out in the street, or at her own door, she said she was very well pleased it was down, and was glad of it, and more should come down besides. She likewise came to No. 13, on the Friday and threatened that that house should come down.

Did you observe her doing any thing? - Never in Mr. Murphy's. I did not see her husband there during this evening at all.

Then when you saw her and heard her make use of those expressions her husband was not with her? - No.

Did you hear any of the mob shout out in the evening? - They shouted when they left Murphy's, but not afterwards.

How long did this continue? - The execution of that house might take about an hour, then it was pretty well destroyed; they were busy with the liquor all the evenning afterwards.

Cross Examination.

What are you? - A printer's wife. I live in Golden-lane, No. 13.

Was you there at the beginning of it? - Yes, I was there the whole time; I was there when the mob came from Murphy's house; they gave three huzzas.

Did you see the prisoner's husband any part of the evening? - No.

Was not he at the door when she was? - No, he was not.

When did you first make any complaint against Susanna Clark ? - On the Friday before the justice, at the Artillery Ground? she came and threatened our house the Friday following in the afternoon. She was taken up on the Monday, and then the complaint was made.

Do you know any thing of a reward in that case? - I do not.

You have heard there is a reward? - I did not come here for that.

THOMAS SMITH sworn.

I am a peruke maker. I live next door to Mrs. Clark, at No. 9, in Golden-lane. I was in the lane during the whole time Mr. Murphy's house was pulled down; I saw the prisoner there during the whole time; the first I saw of it was the rioters went into Mr. Murphy's house; they came out; they seemed satisfied and went away. Mrs. Clark beckoned and called them back again; then they returned and the house was entirely destroyed.

She beckoned and called them back? - Yes; what she said I cannot tell; after that she was in the street in the midst of them; there was some drawers of a double chest thrown out empty; she clapped her bands together and seemed glad of it.

What were the mob doing at that time? - Destroying Mr. Murphy's house.

Did you see the prisoner's husband there? - No, not during all the time.

How long was the house demolishing? - They began between six and seven o'clock, and I believe by eight o'clock it was demolished.

Cross Examination.

You was there the whole time? - Yes.

You say you did not hear what the prisoner said to the mob? - No, I did not hear what she said.

Perhaps she said nothing at all? - Perhaps she might; I only saw her clap her hands, and she seemed to rejoice.

You did not see the husband there the whole time? - No, I did not.

Where did you stand at the time you saw her beckon the mob? - My shop was shut up; I was in my one-pair-of-stairs room to care of my house.

How far was you from the prisoner? - As far as to that candlestick.

Court. Will you swear positively that the husband was not standing at the door with her when she beckoned the mob? - I cannot swear to that; I did not see him there.

Where did she stand when, she beckoned the mob? - On the pavement by her own door.

ELIZABETH LYONS sworn.

I live in Golden-lane, the third house from the prisoner's.

Do you remember the evening when Mr. Murphy's house was attacked? - Yes, it was the 7th of June.

Do you remember seeing Mrs. Clark that evening in Golden-lane? - I saw her at her own door at the time that the mob went into Mr. Murphy's house, and likewise when they came out of the house; before they began to destroy it I observed her speaking; I was not nigh enough to understand what she said. I heard her say at my door to one Waters, who is very much deformed, If they were not Roman Catholicks why did they keep Irish wakes? Then he said, Blast his eyes and limbs! the house should come down; and he was the first who went in. I heard her say to the mob they were Irish Roman Catholicks , and the house must come down.

What was said or done upon that? - They went in and did all the mischief they could.

Did you see her during any part of the time the people were demolishing and pulling down this house? - No, I did not.

Cross Examination.

At first I understood you that you did not hear what she said at all? - You will please to compute it to my being flurried, not being used to come to these places.

Being flurried could not cause you to say you did not hear what was said? - I am very much flurried.

Have not you said that you would be revenged of this woman? - I have reason enough but I never said it.

Did you see the husband there? - No.

If he had been there you must have seen him? - I think if he had been there I must. I would not prejudice Susanna Clark though I have reason. We had some words at the Artillery-ground. The prisoner forced into my house and threatened to kill me, but I forgave her from my heart.

This woman's husband is a constable? - They say so.

Do you know one Wrinkle? - Not that I recollect, I have a bad memory.

Before the Justice was there any charge made upon any persons by the husband of this woman? - No.

Did the mob threaten to pull this woman's house down? - I do not know; I heard the mob making a great racket before they came to Murphey's house.

Prisoner to Murphy. Did not the mob come twice before to pull down your house, and did not you move all your things to another house? - They came about twelve at night, and went off, that was on the Tuesday night.

What day was your house pulled down? - The 7th of June.

Two days before the mob had been at your house? - No, one day before.

PRISONER's DEFENCE.

I leave my defence to you good gentlemen; I am innocent of what they charge me with.

For the Prisoner.

ELISABETH PAGETT sworn.

I have known the prisoner some years; she knew my mother. I have known her ever since. I was in the house the time Mr. Murphy's house was pulled down; I never heard but what she bore a good character. I came into the house to enquire after her, her husband said she was not at home.

When was this? - On the day Mr. Murphy's house was pulled down.

MARY THOMPSON sworn.

I have known the prisoner pretty near three years; I never heard any thing against her.

SUSANNA MILLS sworn.

I have known the prisoner eight or nine years. I never knew any thing of her but that she was a hard-working sober, industrious woman.

SARAH HOLDRIDGE sworn.

I have known her sixteen years; she is a very hard-working industrious woman; she always minded her own house, and never interfered with her neighbours. I live in the neighbourhood; I have had dealings with her.

MARY CRADDOCK sworn.

I have known her seven years she is a hardworking industrious woman as any in the neighbourhood.

CATHERINE DAVIS sworn.

I have known her about a year and a half. As far as I can find she is a very worthy, honest, sober woman.

MARY BALLIMORE sworn.

I have know her upwards of four years. I always looked upon her to be a very sober, just, fair-dealing woman, very willing to serve her neighbours. That was her general character as far as I know.

NOT GUILTY .

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER .

376. FRANCIS ROWLEY was indicted for that he with divers other persons, unlawfully, maliciously, and feloniously did set fire to the dwelling-house of John Eyles , Esq. against the form of the statute , June 7th .

2 d Count. For setting on fire and burning the said dwelling-house, against the peace.

JOHN PICKERING sworn.

Was you the first person that made an information against the prisoner? - I was, I believe.

Do you or not claim any reward for the discovery? - I entirely disclaim every reward be it what it will, I do not come on that account.

What are you? - I work at various kinds of work. I have a patent for stamping paper; I work coffin-place work; and numbers of other articles I manufacture besides. I live at No. 16, Fleet-lane. I was at the Fleet, on the 7th of June, to and fro all the afternoon.

Was there any mob assembled there? - No great deal before nine o'clock at night. About nine I was intimidated left the Fleet should be burnt down; as I expected if it was my house would be burnt; I went to the Fleet, and went through into the yard to the bear. I stood on the steps, and saw seveveral people throwing fire into the cellar. Their number not being many, I went up to them to try to prevent it.

What number of people were there? - About thirty people upon the bear, there was a large bonfire made upon the bear.

Court. What is the bear? - It is an area belonging to the Fleet, the yard. There was a very large bonfire in that when I went in. I stood on the steps and saw several throwing fire into the cellar windows. I went up to them to see if I could do any thing to prevent it. The first person who came up to me was the prisoner; I knew him very well by sight though I did not know his name.

Did he live near you? - I did not know where he lived till last Monday was se'nnight, when he was taken up. When he drew near me I knew him very well by sight. I went up to him and said, What in the name of God can induce you to have a hand in this horrid scene! I know you very well by sight, what can be the reason of burning this building! Upon my telling him I knew him very well. He put out his hand; I shook hands with him; he said he knew me very well by sight. While I was talking to him I saw some others withinside the cellar taking up the fire which was thrown in, and going somewhere else with it, but where I could not tell; afterwards there were five or six boys assisting in throwing in the fire, but the prisoner did not throw in any after I spoke to him.

Jury. Had you seen him throw in any before? - Several times before I came up to him; the wood on the fire was taken from the bonfire and thrown in.

Court. Did you see the prisoner take it from the bonfire and throw it in? - Yes, several times, as well as the boys. The fire was taken into a room near the centre of the building, one of the back centre rooms, under the coffee-room. After speaking to the prisoner in the manner I have described, I turned my head and saw that room begin to be in a light.

Where was you? - Talking to Mr. Rowley by the bonfire near the cellar window. I immediately turned from the prisoner. I went and looked into the window; the flames seemed to break out very vehement in a short time, which I believe was occasioned by some combustibles; I ran immediately and alarmed the neighbourhood. We got two engines into Fleet-lane; the wind sat favourable, and my house was not burnt down.

Was the Fleet prison burnt down? - Yes.

Did you tell this to any person? - Yes. On the Friday I went to the Bell, in the Bell Savage-Inn-yard to Mr. Groves and Mr. Dyer, the two turnkeys, as I understood he had been a prisoner in the Fleet, and represented this matter to them, but they could not recollect any such man. I was taken ill of the gout and confined a week. When I got up I applied to them again. I could hear nothing of him till last Monday se'nnight, then I learnt his name. While he was a prisoner in the Fleet, about a year and an half ago, there was an advertisement put into the newspaper for a wet nurse for a child; the wet nurse was sent to the Marquis of Granby, a publick-house in Fleet-market; Mr. Rowley was at the Marquis of Granby. He had put in the advertisement and there were a number of women applied that after noon, which caused me to sit a few hours to see the joke, as it caused a deal of fun to the company.

How long is that ago? - About a year and an half

Was this done out of a joke? - No, he took in the women one by one into the parlour and examined them; some how or other there were about forty came that afternoon; it caused a good deal of laughter in the company. I recollected the circumstances; the landlady that kept the house now keeps the Clifford's-Inn coffee-house. I went up to her on Monday se'nnight and asked her if she remembered such a circumstance? She said, yes, very well. I asked her if she remembered the man's name? She said yes, Rowley, but did not know where he lived. She recommended me to go to Mr. Atkinson, the oilman, on Ludgate-hill. She said he had, she believed, him in his book and could tell. I went from thence to Mr. Atkinson's; he told me he lived in Westmoreland-buildings, and kept a chandler's-shop there. I mentioned this to the principal officer belonging to Bridewell-precinct, that I had found such a man, who I had before described; he advised me to go to Alderman Wilkes, or some other alderman to give information of the man. As I was going thro' St. Paul's Churchyard, I thought if I gave information of a man I was not certain of it would be wrong, therefore I called upon Martin, the constable, and we went to his house. He stood behind the compter. I told Mr. Martin that was the man, and that was his prisoner, and he took him to the Compter.

Are you sure the prisoner is the person? - Yes; I know his face as well as any man living, but I did not know his name.

Cross Examination.

What is your business? - Stamping of paper.

At Warwick you followed some other business, I believe? - I did not live at Warwick to follow any business.

At Birmingham? - If you ask me a pertinent question I will answer you, but not if you ask an impertinent one; you called me a scoundrel before the alderman.

This is not the first man you tried your hand at since the proclamation came out? - There was another man taken up.

When was you ill after the fire? - Till last Monday se'nnight.

The prisoner was known to every man in your neighbourhood? - I do not know.

He was a Fleeter and so are you? - I am in some respects, and in some I am not.

When he did this it must be notorious to all the people in the Fleet? - It was a laughable business to the company.

You applied immediately to some of the company to know this man's name on the Thursday or Friday or Saturday? - It was so long ago I did not know what was in company; I knew the woman of the house made some remark upon it.

She is not here I suppose? - No, I suppose not.

You went up to the man as you knew him very well by sight? - Yes, and he knew me very well.

You went up to him and said, you are of all men the lad I should expect to be guilty of this action? - I said he was the last man that would be guilty of such an action I thought only ruffians and villains would do such a thing; I thought he was too reputable to be guilty of such a thing.

Court. How came you to know he was reputable if you knew nothing of him but by sight? - From his appearance, he had a black coat on.

A man in a black coat might be a villain as well as a man in a blue coat? - To be sure; I thought he ought to have more wit and more grace than to be guilty of such a thing.

You did not go into the Marquis of Granby's-head after nine o'clock? - No, I did not at all.

You do not know who was assisting the landlord to remove his goods? - No.

Do you know who was assisting Hall to remove his things? - What Hall.

Hall keeps the tap, don't he? - I did not know Hall at that time; I have not been in since he kept the tap.

Is not this cellar Hall's cellar where the tap was kept? - While he kept it, I suppose so.

Is it not the cellar belonging to the tap? - No doubt of i t; I suppose it must be Hall's cellar if he kept the tap.

The back of your house is towards the Fleet? - Yes.

Yet you was busy going to the Fleet instead of taking care of your own house? - I went to see if the Fleet was likely to be fired.

I understand you have disclaimed all reward from this proclamation? - Yes, and did before the alderman. Ask me any question between the king and the prisoner I will answer you, but these quibbles and silly questions are of no consequence.

You did not take up this man till you was better? - I described him; I told Groves he was a tall man, pretty much pitted with the small pox, with a good deal of fresh colour in his face.

That was the description of the man, a tall man, pretty much pitted with the small pox, with a good deal of fresh colour in his face? - That is the very man.

Any thing else? - I do not recollect any thing else.

Then the only description you gave of this man was a tall man, pretty much pitted with the small pox, with a good deal of fresh colour in his face? - The chief description I believe; I do not recollect any thing more particular.

How came you not to describe him by saying that was the man who put in the advertisement? - Who knew the advertisement till I applied to somebody who knew the man.

Did you say a word about his advertising for the wet nurses, which brought forty women together? - I think I did, I do believe I did.

Will you swear you did, or not? - I cannot swear it, I rather suppose I made that remark.

Jury. Was that advertisement well known in the Fleet; did Groves know of it? - I do not think that he did.

It made a great deal of fun among the company, forty women got together in a publick-house in the Fleet? - They came and went; they were not any three of them there together.

Did you at that time frequently go to see any of the prisoners in the Fleet? - I had not been in the Fleet above six months before the fire happened.

This must make a noise in the Fleet? - It was a momentary matter over a draught of porter.

It was not a momentary matter, it lasted you in your memory above a year and an half? - By that means I found the man out.

Why did not you mention it to Groves whether he knew it or not?

Jury. Was your application to Groves before you was laid up with the gout? - Yes; on the Friday.

Did you give such a description that he could offer you any assistance in finding out the man? - They considered my description and could not recollect such a man.

Who kept the tap when you was in the prison? - I was not a close prisoner; several persons kept the tap. Newton kept it when I was there.

Did Hall keep it? - No, he has not kept it many days.

Jury. Did Hall keep it on the 7th of June? - I do not know who did keep it, I did not frequent the house; Hall I understand took the tap last week.

What place does Hall keep? - The Marquis of Granby's-head, I believe.

Who kept the tap in the Fleet when the fire was? - I know nothing of that I do not know the man, I was not in the Fleet for months.

Court. You said Hall kept the tap when the fire was? - I heard he did; I do not know, I was not in the Fleet.

Prisoner. What clothes had I on? - A black coat.

- GROVES sworn.

I am the turnkey at the Fleet.

Was you in the Fleet on the 7th of June? - I was in the gateway, I was not within side.

What happened to the Fleet? - It was burnt down.

Completely burnt down? - Yes, entirely; I do not think there is six-penny-worth of wood left in the Fleet.

Was Mr. Eyles's apartment burnt down? - Yes, entirely.

Did you see Pickering any time after the burning of the Fleet? - Yes, I did; I think it was on Friday; he came and asked me if I could recollect a man who was a prisoner with me about two years ago; he said he was a tall man, and very much pitted with the small pox, and of a fresh colour. I asked him do you know his name? He said no; that is what I want to know. I said, then it was impossible for me to recollect a man so long ago; so many came in and out that I could not recollect.

Did he say what this person did? - Not at that time.

Did he afterwards? - He came once or twice afterwards, and asked me if I could recollect him.

Cross Examination.

When he first applied to you he did not tell you what he meant to charge him with? - No. He said he was in the yard.

He said nothing about the number of women coming about the wet nurse's place did he? - He said nothing to me about it.

How long have you kept the tap? - Between twenty and thirty years.

Did you ever hear of this story before? - No, never. That was at the Marquis of Granby's-head, I understand.

You never heard of this story? - No.

Who kept this tap? - Mr. Hall, he has taken the Marquis of Granby's-head now.

He only came the first time to endeavour to find out his name? - Yes.

He seemed more anxious the second time after the proclamation came out? - I do not know.

Did he tell you the first time what he meant to charge him with? - No.

If he had described this man as such a notorious offender should not you have endeavoured to find him out? - Yes.

How long has Mr. Hall kept the tap? - Some years.

How long was Pickering a close prisoner - He was not a close prisoner.

Do you know much of Pickering? - Yes.

Did you ever know any good of him? - I never heard any harm of him that I know of; he was born in the town where I was.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

- LONGFORD sworn.

I am a hat-presser opposite Newgate.

Do you know Rowley? - Yes.

Did you see him the night the fire was in the Fleet? - Yes, and in the day time. I was upon my own leads; I saw a great smoke; I went down stairs and said there was a great fire. When I came down the people came along and said the Fleet prison was on fire. I went down and Rowley went with me.

How long was he with you before he went down with you to the Fleet? - About half an hour, I believe. We went down to the Fleet-market to see if the Fleet was on fire, that was after nine o'clock. There was a great conquest of people; we did not go in; the mob was very great.

What did Rowley do? - A gentleman came and shook him by the hand and left him and went up the market. He said he would go into the publick-house, the Marquis of Granby's-head, I believe it was, and if they wanted any assistance he would assist them.

Cross Examination.

You are sure as to the time? - Yes, it was after nine o'clock.

Have you any reason to remember the time? - I went to the Fleet-market thinking to buy a mackarel; I went up the market and looked at Mr. Langdale's, the clock struck ten; then I went home.

How long have you known Rowley? - Three or four months.

Prisoner. What clothes had I on? - I think to the best of my remembrance, but I was very much frightened, I believe a fustian frock or fustian coat.

Had he a black coat on? - No such thing. I never saw him but once to my knowledge in a black coat in my life.

DAVID EVANS sworn.

I am the master of the Marquis of Granby's-head.

Did you see Rowley on the night the Fleet was on fire? - Yes, he came and asked me if I knew his face and if he should assist me to remove my things? I thanked him, and accepted the offer. That was between nine and ten o'clock.

How long have you known him? - About four or five months.

Mr. COX sworn.

Rowley has been my tenant about twelve years; I always looked upon him to be an honest industrious man; he has a very large family.

Mr. ADAMS sworn.

I have known Rowley about seventeen or eighteen years; he was servant to me about six years. I have entrusted him with great property at many different times. I always found him to be an honest good man.

Mr. ALDRIDGE sworn.

You are I believe one of the Common Council? - I am. I have known the prisoner about ten years; he has an exceeding good character or I would not have appeared for him. The character I have heard of Pickering was the reason of my attending; a former partner of Pickering's sent for me.

What is Pickering's character? - I am very sorry to give any man a bad character, but he has a very bad one.

What is Rowley's character? - A very good one.

- JACKSON sworn.

I have known the prisoner ten years he is a very honest industrious man, and takes care of his family.

Mr. Deputy BROGDEN sworn.

The prisoner is my near neighbour, he is a very honest industrious man; he has brought up five or six children in a decent manner. I have known Pickering twenty years; he kept a shop in Birmingham; his general character was that he was a coiner or a guinea coiner. I am well informed he has been tried for it.

What is his character good or bad? - A very infamous one.

- WEATHERSTONE sworn.

I know Pickering to my sorrow.

I need not ask you whether he bears a very good character? - A very bad one, a very infamous once, he obtained money -

Counsel. You must not enter into particulars.

Pickering. If you know any thing against me tell it?

Wheatherstone. I keep a publick-house, the Hole in the Wall, in Kirby-street; he belonged to a benefit society which was kept at my house; he got money from the society on false pretences, and was scratched out for it. On the next club night he came into the room unperceived; when he was observed he was desired to withdraw, but he refused, and they let him stay. The next club-night there were fifty guineas to be paid to a widow if they had enough in the box; there was enough. Pickering came and desired all the money might be taken out of the box to see if it was according to the clerk's book. It was told down in rows, ten guineas in each row. Pickering swept the money off and said it belonged to him. A scuffle ensued, and he got off with nineteen guineas of it. We took him to the watch-house. He brought actions against me and the stewards, and put the club to three hundred pounds expence. I was in the room when he took up the money.

Counsel for the Crown. My lord, I give up the prosecution.

NOT GUILTY .

Tried by the First London Jury before Mr. Justice ASHHURST.

377. THOMAS CRANKSHAW was indicted for that he, together with fifty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of John Eyles , against the form of the statute, &c.

JOHN HIELL sworn.

I am a military gentleman.

Do you remember the evening of the 7th of June when the Fleet prison was burnt? - Very well; the prisoner came to the house of John Tyce , with an ensign of sedition, a blue ribband in his hat; in his right hand he had a war club, like those the Savages use in America, a stick with a large lump; he saluted us with the favourite watch-word No Popery! No Popery! Says he to his brother-in-law, John I have done for that old fellow Lord Mansfield, I had fine fun; I made no less than six fires.

What do you know respecting the demolition of Mr. Eyles's house, if the conversation introduces any thing relative to that you may go on with it, but not else? - There was a party of the mob, which went over Blackfriar's Bridge, they gave a great shout.

Was the prisoner with them? - No; he flew like a fury out of the house of John Tyce .

Counsel for the Crown. My lord I have learned since I have been in court that this witness is the person on whose information the prisoner was taken up; I will call John Tyce , and if he does not confirm the story this man is to tell I will not examine this witness.

JOHN TYCE sworn.

I am a druggist, in Fleet-market.

Are you brother-in-law to the prisoner? - I am.

Do you remember the witness whom I last called Mr. Hiell being at your house on the 7th of June? - I do.

At the time the disturbance was at the Fleet, and the Fleet was destroyed? - Yes.

Do you remember Crankshaw coming into your house? - I do.

Did he make any declaration respecting the business of the Fleet; do you, of your own knowledge, know of any act of his respecting that affair? - Not any thing at all.

Counsel for the Crown. Then I shall not call John Hiell .

NOT GUILTY.

Tried by the First London Jury before Mr. Justice NARES.

378. JOSEPH MARKESS otherwise MARQUES was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 8th of June, to the disturbance of the public-peace, and did begin to demolish and pull down the dwelling house of Cornelius Murphy , against the form of the statute, &c.

SUSANNA CHARLTON sworn.

I live in Golden-lane.

Was you there when Mr. Murphy's house was pulled down by the mob? - I was in my own shop.

Did you see the prisoner among the mob? - Yes; I cannot say but I saw him, but I was so much engaged in minding my stall, I sell salmon at the door, that I cannot give any account what he was about.

HANNAH GARRETT sworn.

I live at No. 7, Golden-lane.

Was you in Golden-lane when Mr. Murphy's house was pulled down? - Yes, in my own room, up one pair of stairs, right opposite Mr. Murphy's house.

Did you see the prisoner at the bar among the mob? - I saw him drinking beer in the house after the mob had done dissecting the house, and were gone, that was the first and last time; I saw him no more.

THOMAS SMITH sworn.

I live at No. 9, in Golden-lane; I was at my one-pair-of-stairs window at the time Mr. Murphy's house was pulled down, and saw the whole transaction. I saw the prisoner go into the house; he laid hold of the window frames and pulled and wrenched them to pieces; he and others, who assisted him, after that when the window frames were out there was a clear opening. He, with the assistance of others, throwed the front tap-room table into the street, which I have sat at many times; after that he and another destroyed the leaden sink, and they threw it into the street; then I saw him in the one-pair-of-stairs room with a bludgeon or something of that kind in his hand, helping to destroy a partition there; then he, with the assistance of others, threw out a large bureau bedstead, big enough to hold two persons.

Did you know the prisoner before? - Several years; I have shaved him in my shop. I am sorry to see him here; I cautioned him to be out of the way.

How was the house? - Demolished from the top to the bottom; the front window was beat down.

Prisoner. When I went into the house every thing was turned into the street. A gentleman desired me to go into the house. He said if they pulled the partition wall of the house down the house would come down. I went in to save the house. After this man had sworn against me before I was taken up he wanted me to run away, several people desired me to run away, but I would not.

Did you see him when the mob first came? - Pretty near the first.

How long had they began before you saw him? - I believe about a quarter of an hour.

What time was it when you saw him? - It might be pretty near seven o'clock.

When was the first time you told any per son that you had seen the prisoner there? - On the Tuesday following, the 13th, I went into a house, Mr. Murphy was there. He said he was told I could tell him of some body who had done him a deal of damage. I said yes Markess had.

How came you not to tell any body sooner? - I did not choose to injure any neighbour; my bread depends upon that. When I was asked I could not in my conscience keep it.

Had you heard of the reward before you told Murphy this? - No, nor do I want any.

Had not you seen the king's proclamation? - No.

Do you expect or claim any reward? - No, I want no other than God Almighty's reward for what I am doing; I only wish to do justice between man and man.

For the Prisoner.

THOMAS WHITTINGHAM sworn.

I am a shoemaker. I have known the prisoner two years; he worked for me one year of the time; he is a very honest man; he always brought my work home which I delivered out to him; I have delivered out a great many goods to him at times; he returned them all safe.

How long is that ago? - About six months.

How old is he? - I take him to be about fifty-six; I never enquired his age.

THOMAS WITWELL sworn.

I am clerk to a linen-draper; I do business with Mr. Markess for a gentleman who trades in the linen drapery, and I deal with him for linen.

He is a customer of yours? - Yes; I have give him credit for four or five pounds; if he was at large I would give him credit for ten pounds.

Another Witness sworn.

I have known the prisoner fifteen years; he had a son by his first wife whom he bound apprentice to me; he always behaved well as far as ever I heard.

- GOLDWORTHY sworn.

I am a watch-maker. I have known the prisoner five years; I always knew him to be an honest just man.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. RECORDER.

(He was humbly recommended by the Jury to his Majesty's mercy.)

379. JAMES WATTS was indicted for that he together with forty other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Edward M'Cartney , against the form of the statute, &c.

EDWARD M'CARTNEY sworn.

I am a baker in Featherstone-street, Bunhill-row .

Was you at home on the 7th of June? - I was at home in the afternoon when the mob first assembled; they came three times to my house. The first and second time by the assistance of my neighbours and giving them some money they went off; they came a third time, then they began below and demolished the window frames and wainscoting; then they went up into the one and two pair-of-stairs; they broke down the wainting and the window-frames; and in the second floor they broke up the flooring. They began a little after nine; my neighbours desired me to go off when it began.

THOMAS STONE sworn.

I am apprentice to Mr. M'Cartney. On the 7th of June, at about half after nine o'clock at night, the prisoner went up into the two-pair-of-stairs room with a piece of staff he had in his hand, he knocked all the windows out, sashes and all; then he knocked out the frames of the windows and pulled down part of the partition and threw it out of the window; he called out as he threw it out, Take care below. Then I came down stairs and left him.

Was you up stairs with him? - Yes, I followed him up stairs; he went up alone.

Was he up alone doing all this? - Yes, he was alone. I suppose I was up stairs with him the space of twenty minutes.

Was there no person there but he and you? - No. And when I came down I left him there.

Jury. What did you go up stairs for? - I went up to see my master righted, and followed that man up stairs. I had a cockade in my hat, which I wore all day long.

If you were with him by yourself for twenty minutes, how came you to let him do all this mischief? - I was afraid to speak to him left he should do me a mischief; I do not doubt but if he had thought I was a servant of my master's he would have knocked me down.

He suffered you to stand and see all he was doing? - Yes, he did not know but I was one of the mob, having a cockade in my hat.

What time did you see him go up? - About half after nine o'clock.

Was there any body else in the house? - Yes, fourteen or fifteen; they were below and in the one-pair-of-stairs, plundering.

Did Dodd's man go up stairs by himself? - He went in with the mob up one-pair-of-stairs, but he went up to the two-pair-of-stairs by himself.

Did you know him before? - No, I never saw him before. I saw three or four brewers servants whom I knew very well, but I never saw this man before.

How soon did you see him afterwards? - I believe I saw him on the Wednesday after in the Artillery-ground. The justices sent for us to see if there were any men there who we knew had pulled down our master's house.

That was a week after? - Yes, on the 14th of June.

Did you see the prisoner there? - Yes, there was another person against him at the same time. When I went into the room I said that man was at my master's house.

Had you heard of any reward at that time for discovering any person? - No, there was no reward offered at that time.

Yes there was? - I knew nothing of the reward; I do not want any reward, I only wanted to see my master righted. I did it to serve my master.

PRISONER's DEFENCE.

I was not near the place at all. I have no witnesses here.

NOT GUILTY

Tried by the First Middlesex Jury before Mr. RECORDER.

380. JOHN BEALE was indicted for that he together with forty other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of John Lynch , against the form of the statute, &c.

JOHN LYNCH sworn.

I am a pawnbroker in Golden-lane .

What time was your house attacked? - After six o'clock on Tuesday night the 6th of June.

How long was it before it was destroyed? - I cannot tell, I was obliged to go off; they threatened to use me ill. They took my books from me and knocked me down. I went away about half after ten o'clock. I saw my house again about half an hour after that; then the front of the house and the windows were broke out, and they were throwing out the goods. Randall looked me full in the face. I said to my son that man marks me, let us get out of the way. The next morning I saw that the front of the house and the parapet wall was all down.

Who gave you an information of the prisoner? - One Collan, and in consequence of his information he was taken up.

Cross Examination.

On what day was he taken up? - I cannot say; I did not make any remark of the day. I went to his master, the prisoner was coming out with some meat; I said he must go with me. I took him to Collan, and asked him if he was the man.

He went voluntarily? - Yes, he did, and he went voluntarily to the justice's.

JAMES LAWLER sworn.

I am a brewer's servant, near Golden-lane.

Do you remember the night Lynch's house was attacked? - Yes, but I was not there; I was there on the Wednesday morning at about two o'clock, or it might be later; I saw the prisoner Beale in the gutter by the parapet wall. I did not see him do much at that time, till I heard him cry out, Below, giving the people notice below to clear the way; and then he threw down the stones of the coping.

Did you know Beale before? - Yes, I have seen him several times.

How long did you see him doing this? - From the time I came there till the time I left it, which was not above a quarter of an hour.

Did you see him throw down more than one stone? - I cannot say, but I saw him throw down one, which was the first that was thrown down.

Did you hear him say any thing else? - No.

Did you observe any persons in or upon the house? - I did not observe any.

Were many people about the house? - A great number.

Cross Examination.

You was not acquainted with the prisoner before? - No.

Do you recollect what hour it was when you came there? - I cannot particularly say.

MARGARET TRECORNEY sworn.

I live in the neighbourhood of Mr. Lynch. My landlord disturbed me to get up; it was very early in the morning, but there was day-light enough to know one man's face from another. I went to Lynch's house; I saw the prisoner at the top of the house throwing down the great stones, and when he threw them down he cried, Below.

Did you know him before? - Yes, I had seen him.

How often did you see him do this? - To the best of my knowledge I saw him throw down two.

Cross Examination.

Did you mention this to Mr. Lynch? - I never mentioned it till I was subpoenaed, which was last Tuesday week.

You did not tell any person of it? - No.

How came you to be subpoenaed? - Mr. Lawler saw me stand by him.

THOMAS WILKINSON sworn.

I am a watchman. I was at Lynch's on the 7th of June, at four o'clock in the morning. I was coming off my duty; another watchman was by me at the time. I saw John Beale on the top of the house throwing the parapet stones off; I observed to my brother watchman at the time, that I thought the wall must come down with the stone. I have known the prisoner some years, and he knew me very well; he is a butcher's boy.

Were there a great number of people before Mr. Lynch's house at that time? - Opposite the house there was a great quantity of people. The goods were burnt in Old-street road.

Cross Examination.

Why did not you tell this to Mr. Lynch before? - I did not know Mr. Lynch; I told the inhabitants; I mentioned to several who it was that threw the stones off.

He was at work in his business till he was taken up? - He threatened that if any person said he was in the riots he would go to law with them. I am a poor man, I have not money to go to law.

GEORGE WILLIAMS sworn.

I am a watchman.

At what time did you come off duty in the morning of the 7th of June? - Four o'clock. Wilkinson was with me.

Did you pass by Lynch's house? - Yes. I observed the prisoner shoving the stones off the top, and they cried out, Take care below.

Who cried out? - The mob at the top of the house; there were several there.

Did you know the prisoner before? - No. Wilkinson said he knew the man some years. I said I was sorry for him, it was a pity he should be there.

Cross Examination.

What o'clock was this? - At four o'clock.

Were many other people upon the roof of this house? - Yes, several.

The parapet wall was all standing at this time? - No, it was shoved off the brick wall into the street.

How high is the parapet wall? - It appeared to be about as high as a man's breast as he stood up within the gutter.

Therefore you saw from the breast up to his face? - Yes.

Court. Was the wall as high as your breast after the stones were taken off? - There was no great difference when the stones were on the top of the bricks, it did not make much odds.

To Lawler. Can you be more certain at all with respect to the time? - I do not know the time; I cannot say the time, it was early in the morning.

Was it day-light? - Yes, it was daylight.

Jury. Do you think it was more than two or three o'clock? - We were all in confusion; I cannot say what time it was.

PRISONER's DEFENCE.

I am not guilty of the affair which is laid to my charge.

For the Prisoner.

FRANCIS QUINTS sworn.

I served my time to a butcher; but since I lost my arm, I have followed bird catching.

Did you see the prisoner on the 7th of June? - Yes. I called him up about a quarter after three. I saw him at Newgate-market about four o'clock; he works for Mr. Wrench and several butchers in the market.

Cross Examination.

Do you lodge in the same house? - No.

Where does he live? - At a publick-house in Golden-lane.

How do you know it was a quarter after three? - As I came down the watch went past three o'clock, and I was coming directly to call him.

What morning was this? - The Wednesday morning.

When did you see him again? - Exactly at four o'clock, as near as I can guess, I saw him with the butchers in Newgate-market.

Did you hear any clock strike at the time? - Yes, to the best of my knowledge.

What clock? - I heard a clock strike, what clock I cannot say.

Court. Where does the prisoner live? - At the sign of the Admiral Benbow .

What is the man's name where he lodges? - Mr. Morgan.

When you called him did you see Morgan? - I went to market directly and did not speak to him. I saw him in the market with his little cart at four o'clock.

Who was he with there, who was he talking to? - I did not see him talk to any one, he was walking backwards and forwards with his cart. I never drank four pots of beer with him in my life.

ANN SCOTT sworn.

You lodge in the house with Beale? - I have the room.

Do you recollect a man's coming to call him on the Wednesday morning? - Yes, at a quarter after three o'clock he called out Beale; I answered again he is coming directly; he was dressing; that was between three and four o'clock; he got to the market at four o'clock, this man came and saw him there.

Cross Examination.

This is your room? - Yes.

Beale lodges there? - Yes, sometimes.

Has he lodged there constantly lately? - Yes.

How long has this old bird-catcher called him? - These three or four months.

How do you guess it was a quarter after three when he was called? - We got the cart out and went down to the market, and just as we got there it struck four.

It was your custom to go to market with him? - Yes. I stand by the cart while he goes about his business; some things which are not too heavy I carry.

Who did he go to there? - Mr. Wrench; he is here.

What time did he return from the market? - At about ten o'clock.

JAMES WRENCH sworn.

I am a master butcher; the prisoner has worked for my father and me twelve or fourteen years.

Do you recollect seeing him at market on the 7th of June? - I believe I was not at market that morning; he has a very good character. I have trusted him as much as any man in town, and would do so again; he is a very honest hard working man; he is constantly at his work

What time does he generally come to market in the morning? - Sometimes at four, sometimes at five, and sometimes at three o'clock. I have had him at work at two o'clock in the morning.

THOMAS HYAM sworn.

I am a master butcher. I have known the prisoner about seven years; I employed him about seven years; I entrusted him to take money for me several times. I was not at market that morning.

ROBERT BRYANT sworn.

I am an hosier. I have known the prisoner fourteen or fifteen years; he is a very honest inoffensive man; he lived in the neighbourhood with me twelve years; he is industrious; he is generally respected; here are a number who came voluntarily to speak for him.

- HAY sworn.

I am a baker. I have known him twenty-two years; he has a very good character; I knew him a boy; I would trust him with any thing; I would trust my house to him all night; he and his mother always bore the best of characters in the neighbourhood.

WILLIAM NORWELL sworn.

I have known the prisoner thirteen or fourteen years; he is a very honest hardworking industrious man.

JOHN SIMMONDS sworn.

I am a plasterer. I have known him about eleven years; he has done business for me, when he has not had work, carrying laths and scaffolding.

A Witness Sworn.

I have known him twenty years; he has a very good character; he is a very honest hard-working man; I never heard any thing amiss of him; I would trust him in my house at any time.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice NARES.

381, 382. CHARLES KENT and LETITIA HOLLAND were indicted for that they together with an hundred other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of the Right Honourable William Earl of Mansfield , against the form of the statute, &c.

- GREENLY sworn.

I am a baker, in Tottenham-court-road.

Are you a housekeeper there? - I am.

Do you remember being present on Tuesday night when Lord Mansfield's house was destroyed? - I believe it was half after twelve on Wednesday morning before I went there. Some of the mob were then in the one-pair-of-stairs rooms, pulling down the wainscoting and throwing the goods out at the window. I observed Letitia Holland there throwing part of a desk and some small trunks and other goods out at the one-pair-of-stairs window.

Did she say any thing at the time she threw them out? - I did not hear her say any thing. I saw her remove from the one-pair-of-stairs floor to the two-pair-of-stairs floor, and throw out some more goods.

Did you hear her make use of any expressions? - I did not hear her speak at all. I saw Kent at the same time bringing out some bottles, whether empty or full I do not know.

How long was it afterwards before they went away? - In less than half an hour. Upon their going away I walked close behind them up Russel-street, through Tottenham-court-road. I heard her declare to Kent, who was with her, that she had loaded herself well. Kent has a wooden leg.

Was the man who carried out the bottles the man with the wooden leg? - Yes; he was with her.

Did you afterwards do any thing to either of them? - Yes, I watched them to the end of Bambridge-street, turning out of Russel-street. I went down the left-hand side; the prisoners were on the right-hand; they seemed rather to suspect me; they both turned round and set their backs to the house, and faced me. I went across the street and seised the woman by both her hands, and I took her to the watch-house. She asked what I wanted with her? I said, you know you have destroyed a great deal of Lord Mansfield's property, and have some about you. She answered, She would give me the property if I would let her go. I said no, she should go to the watch-house. She said what she had got was given her in the house, and she had not taken it. Before I took her to the watch-house she threw a small picture behind her, which I believe was the property of Lord Mansfield; this is it (producing a small oval picture). When I took her to the watch-house, the watch-house-keeper would not take charge of her. She had a great deal of bundling round her. I wanted her to be searched; the watchman said he would not run the risque of losing his life for me. She delivered this book in the watch-house (producing it). I left her there in care of the watch-house-keeper.

What became of the man? - The man went off directly as I seized her.

Are you positive that the prisoners are the persons you saw at Lord Mansfield's house doing what you have described? - They are. I called upon Mr. Platt, Lord Mansfield's clerk, the next day, to inform him that these things were in the watch-house. The watch-house-keeper said he knew her very well, and where she lived.

JAMES HYDE sworn.

I am house-keeper at the Rotation-office, in Litchfield-street. I was employed all night at the office. I did not go away from the office, till about three o'clock or a little before, on the Wednesday morning. I went with Mr. Parker, who is a magistrate, and a party of soldiers to Lord Mansfield's, just before three o'clock. A little before four o'clock I was sent for an engine. When I got half way down Dyot-street I saw the prisoners, they crossed into another street; I crossed after them, and went to them; I perceived the woman had something under her arm, which caused me to follow her; it turned out to be this petticoat (producing it) it was wrapped up in a napkin. I asked her whose that was; she said she got it from Lord Mansfield's, but it was given her by the mob. She had this apron on (producing it). I did not say any thing to her about that till I got her into the round-house, then I searched her, and took from her this petticoat (producing it) she had it under her black one.

ELISABETH KENDALL sworn.

I live at Lord Mansfield's.

Look at these petticoats and aprons? - They came out of Lord Mansfield house; they were in the two-pair-of-stairs floor at the time the house was broke open. They are the property of Miss Mary Murray , Lord Mansfield's niece.

HOLLAND's DEFENCE.

I was at the fire but I was never near the house. I do not know of which side the house the door is. I picked these things up, except the green petticoat which the mob gave me. I thought I might as well take it as let the flames consume it. Coming away I met this young man; he was not near the house, nor was I; I was not near the fire myself; I was by the Duke of Bedford's wall.

KENT's DEFENCE.

I never was near the house; I stood at a distance off, with other people looking at the fire; there were several other people there whom I knew myself; and one or two, I knew myself in the house. I have but one leg, and so he took notice of me.

Court to Greenly. Did you see him bring the bottles out or throw them out? - I saw him do nothing else but bring out the bottles.

At that time were the mob destroying any part of the house? - Yes; they were then in the lower rooms of the house destroying every thing.

BOTH GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

383. TIMOTHY AVORY was indicted for that he together with sixty other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Robert Kilby Cox , Esq. against the form of the statute, &c.

JOHN TATUM sworn.

I am clerk to Mr. Cox of Great Queen-street, Lincoln's-Inn-fields . The house was attacked about ten or eleven o'clock, upon Tuesday night the 6th of June.

How long did the mob continue at the house before it was completely destroyed? - There was a mob consisting of women and men and boys who continued till four or five o'clock on Wednesday.

Do you remember on Wednesday seeing the prisoner? - I cannot swear positively that I did till eleven o'clock; I was extremely busy all the time. I then saw the prisoner employed in the kitchen with an iron crow in his hand beating down the cistern. I begged of him to desist; he replied, he would lay me a wager (I think it was of a pot of beer) that he would have it down in an hour; there was another man seemed to try to get him away as well as me. I told him he could not get it down it was put up too strong. He seemed much in liquor. I went away and left him there; it is not down but is there still; I left both the men there.

It ended, I believe, in Mr. Cox's house, being totally destroyed? - Part of the front wall is left; some of the piers between the windows are entirely destroyed, and some of the floors are pulled up.

Cross Examination.

When was this house first begun to be pulled down? - About eleven o'clock on Tuesday night.

When was the first time you saw the prisoner there? - At eleven or half past ten o'clock on Wednesday.

By that time I suppose the house was as much destroyed as it was at all? - It was greatly damaged before; at that time a good deal of flooring and wainscoting were thrown out of the house; the furniture was all I believe destroyed.

Whether the mischief had not been done before this time? - There was mischief done at that time, and part certainly was before that time.

The prisoner seemed to be very much disguised in liquor? - Yes.

Were there many people about the house at the time you saw the prisoner doing this? - There were a good many people about it; they might be people looking on or the mob; I was so much engaged at the back part of the house to prevent their getting in there that I did not come much to the fore part of the house.

Was there a fire burning then? - Yes, there were things burning; there were some tubs and other things got out of the cellar that morning.

Was it in the back or fore kitchen that you saw the prisoner? - The fore kitchen.

How long did you stay before you went away? - A very little time with the prisoner; I was backwards and forwards preventing the mob getting into the cellar. I was there but about five or six minutes.

NICHOLAS HUTCHINS sworn.

Mr. Franco was the last master I served; I am now out of place, but I am hired to go to a place on Monday.

Were you in Great Queen-street on any part of the Wednesday morning the 7th of June? - Yes; I passed by there, going to my master, between five and six, a little before six; when I returned I came through the street again; it was half an hour after ten in the morning; I saw him pass by the crowd with three or four gentlemen's servants. I said I was very sorry to see what was doing there, for I knew Mr. Cox and heard he bore a good character.

Did you know the prisoner before? - Yes, for five or six years.

What was he employed in when you saw him there? - He had an iron crow in his hand, a little before eleven, knocking down the pier in front of the two-pair-of-stairs. I saw him there twenty minutes or half an hour; he was working with the sharp end; he put it under the bricks and threw them down.

Are you positive to the person of the prisoner? - I am. He bore a good a character, but his principles were certainly bad at that time.

Cross Examination.

You have known him some time? - Yes.

He bore a good character? - Yes.

Did he appear to be in liquor? - I cannot say.

That was the first time you saw him? - No, he was in the crowd passing by between five and six in the morning.

Was not you the person who made the discovery of him? - Yes.

Do not you know there is a reward if he should be convicted? - It is every man's duty at this time.

That is not an answer to my question, do not you know there is a reward if he should be convicted? - There is none offered me.

Do you not know there is a reward if he should be convicted? - I am not the person who convicts him.

You have seen the proclamation? - Yes.

Do you mean to claim the reward if he should be convicted, was the warrant issued out on your discovery? - Yes; I was with him when he was taken; he offered to spend a guinea and give each of us a guinea.

If he is convicted shall you claim the reward? - I certainly shall claim it.

Jury. How long have you quitted Mr. Franco's service? - About six weeks.

Have not you kept a chandler's shop? - A cheesemonger's, in Mary-le-bone; I lost two hundred pounds.

Jury. Where was you going at six o'clock that morning? - Going to my master's after my character.

Who was with you when the prisoner offered you a guinea a piece? - Two of Sir John Fielding 's men were in the coach with me.

JOHN WYATT sworn.

I live very near; I saw the prisoner in Mr. Cox's house on Wednesday morning. I saw him come out about twelve o'clock.

Did you observe what he was doing? - All I saw of him was he came out of the house and went into a tap-house next door to me, there he eat and drank; I stood by him; he was in his shirt sleeves with a brown waistcoat; he came out shaking his shirt sleeves.

Did you ever see him before? - I do not know that I did.

Are you sure that is the man? - I am very certain he is the man.

You say he was shaking his shirt sleeves? - As he came down the steps of Mr. Cox's, he was seemingly shaking the dust off.

JOHN PARSONS sworn.

I work with Mr. Wyatt the last witness.

Do you know the prisoner? - I do; the first time I saw him was at the three-pair-of-stairs window in Mr. Cox's house; that was as near as I can remember about ten o'clock.

Did you see him doing any thing? - He was not; I saw him a second time at the two-pair-of-stairs window, that was pretty near eleven o'clock.

Was he doing any thing? - He was not destroying any thing; he had his hat in his hand and was giving an huzza.

What occasioned his giving an huzza? - There was something thrown out at the window of the room he was in, but I do not know who threw it.

How many people were there at that time in the house? - I fancy about an hundred.

You had known the prisoner before that time? - Some years back, about eight years; I am certain he is the man.

What is he? - He worked for the same master I did.

Cross Examination.

What character did he bear? - A remarkable sober man, and as industrious a man as any who worked for my master.

Is he a married man? - I believe he was married then, but I will not be positive.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

JOSEPH STRATFORD sworn.

Do you remember seeing the prisoner on Tuesday evening before Mr. Cox's house was destroyed? - Yes, on his bed at home, in Tottenham Court-road; when I came home from my labour, at seven o'clock, he was in bed. I got up at four o'clock in the morning and he got up with me, I went with him to a job in Clare-market; I left him at five o'clock in the morning at work there. I passed by Mr. Cox's house at about half after four o'clock all the frames were out of the windows.

Was any of the front or brick-work taken down at that time? - No; the frames were out of the windows and a great deal of damage was done to the house.

How long have you known Avery? - About two years; he has a very good character; he is a very honest, industrious, sober man; when he gets a little drink it is too much for him; he cannot bear much drink.

HENRY MURLESS sworn.

Do you remember seeing the prisoner come to work in the morning Mr. Cox's house was destroyed? - Yes, at five o'clock in the morning, in Clare-market; I did not see him after that; I went out to my work.

Jury. Do you know how much time your master paid the prisoner for his work that week? - Six days.

If they go at five in the morning they are paid seven days? - Yes.

- FREEMAN sworn.

I am a tallow-chandler. I have known the prisoner eight years; he is a very sober, quiet, industrious man.

- COLVIL sworn.

I am a victualler. I have known the prisoner eleven years; he has an universal good character; he is a peaceable man; he is married and has a family.

- SMITH sworn.

I have known the prisoner eleven years; he keeps a house next door to me; he bears an universal good character; he is a sober industrious hard working man.

- STRETTON sworn.

I have known the prisoner eight or nine years; he bears a good character.

- RAMSAY sworn.

I have known the prisoner above ten years; he is an honest, worthy, industrious man.

- PLUMLEY sworn.

The prisoner was born and bred where I came from; he has borne a very good character, and is a very worthy man.

JOHN PRESTON sworn.

I have known him fourteen years; he has as good a character as any man in the world.

THOMAS PRESTON sworn.

I am a brewer. I have known him twelve years; he is a very honest just man as any one upon the earth; he has a wife and seven children.

- HARRIS sworn.

I have known him six years; he has borne an exceeding good character ever since I have known him.

GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. Justice NARES.

(In consideration of his good character he was humbly recommended by the jury to his majesty's mercy.)

384. DAVID WILSON was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of George Doughty , Esq. against the form of the statute, &c.

JONATHAN BURKETT sworn.

I am servant to Mr. Ambler the king's counsel. Mr. Doughty's house is in Devonshire-street, Queen-square . I saw the mob come up to the house in a small number; somebody spoke to them and they went a little back from the house; they returned again to the door and broke it open; they entered the house, and in a little time after they threw out the goods; they broke the windows and the furniture was burnt in the street before the house.

Did you see the prisoner any where? - Yes, I observed him before the house of Mr. Doughty throw something into the fire, that was as near as I can recollect a quarter before four o'clock. I did not observe him do any thing else.

Did you make any observation respecting him further than what you have mentioned, or hear him say any thing when he was there? - No, I did not; I saw him take a man aside who had a bell in his hand, but what he said to him I cannot tell, I was not near enough to hear.

How long in the whole was it you had an opportunity of seeing the person of the prisoner? - Above half an hour.

How was he dressed? - In a thick-set coat and a plain hat with a blue ribband.

When did you see him again after this morning? - I saw him again about the third day after, standing at his master's door (as I imagined it to be) in Great Ormond-street. I said nothing to him but enquired directly whose house it was. I told Mr. Ambler the next day of it; he asked me if I should know any of them again; I said there were two gentlemen's servants I should know. I saw the prisoner two or three days after go across Queen-square, when I was waiting at dinner; I told Mr. Ambler again that was the man.

Cross Examination.

You did not see the prisoner in the house at all? - No.

What side of the street was he on? - The same side with Mr. Doughty's.

What did you see him throw into the fire? - I do not know.

Had you seen him before? - Not to take notice of him.

Did you see him throw things into the fire but once, or at several times? - I saw him throw some things into the fire twice.

How far was you from him when he threw any thing into the fire? - The length of this court. I could not discern what it was; as soon as he had thrown it into the fire I made a remark to my fellow-servant, and bid him see if he should know any of them again.

Were you and your fellow-servant together all the while? - Not all but most of the time Mr. Doughty's things were burning.

You say you observed to your fellow-servant that you saw that man throw something into the fire, did you make any observation to him of his speaking to the man with the bell? - No.

Did your fellow-servant see that? - I believe he did see it.

Did you go away together? - No, I went away and left my fellow-servant there.

WILLIAM WELLMAN sworn.

I am a servant to Mr. Ambler in Devonshire-street. On Wednesday morning, when Mr. Doughty's house was attacked, I saw the prisoner among the mob, before Mr. Doughty's house. My fellow-servant observed him to me. I did not observe him before. After that I saw him throw something into the fire, but what it was I cannot say. Some time after this I saw him take a man by the arm who had a bell; he went on one side, and they talked by themselves.

You are the man who gave information against the prisoner? - Yes.

How long after was it before you gave information against him? - I cannot say, last Thursday was the day I believe.

Had you mentioned it to any body? - No, only to my master's clerk, and my master.

Did you ever see the prisoner after this before he was taken? - No, not till he was taken.

Cross Examination.

You are the person who made the discovery to the magistrate? - Yes.

You know that in consequence of that information you are entitled to the reward? - I do not know that I am, because my master mentioned it first.

You was the first who gave an information to the magistrate? - Yes.

Then you are entitled to it, do you mean to claim it? - I do not know, I shall consult my master; if he thinks it right I shall, if not I shall not; I do not care a halfpenny for the reward.

At what time was you there? - Between three and four o'clock.

You have no acquaintance at all with the prisoner? - No.

And have never seen him since? - Never till he was apprehended.

What time in the morning was it when you suppose he threw that something into the fire? - About four o'clock.

You did not hear what he said to the person with the bell? - No.

How far was you from him? - About fifteen yards.

How long might you be there? - About an hour.

And all you saw then by the prisoner was throwing something into the fire and speaking to this man with a bell? - Yes.

SARAH CLARK sworn.

I am servant to Mr. Doughty.

What damage was done to his house? - Every pannel of the door was broke and all the windows. The chimney-piece in the fore parlour was torn all to pieces.

PRISONER's DEFENCE.

I am entirely innocent of what is laid to my charge.

For the Prisoner.

THOMAS THOMPSON sworn.

I am servant to Mr. Howard, in Great Ormond street, who is a member of parliament. I have lived with him almost fifteen years.

Was you near Mr. Doughty's house at the time of the riot there? - Yes. Mrs. Newman knocked me up about three o'clock, and told me I must put lights out, which I did. I went out a little before four o'clock to Queen-square. I saw the prisoner and his fellow-servant, standing together at the top of Devonshire-street; I had never spoken to the prisoner before, though I have seen him at times during this last year and half at Sir Henry Gray 's. I went up to him and wished him good morning; I said it was a dismal scene. He lifted up his hands and said it was a dismal scene indeed. While we were talking one of the rioters came up, who had a scar in his face and was bloody; he said they would go and pull down that house in Great Ormond-street, meaning the Lord Chancellor's house. The prisoner said they had better not go there, it was dismal enough to see what had been done. The rioters said the Lord Chancellor's house was to come down; and another house; I understood him Mr. Langdale's. I staid there about a quarter of an hour; then I left him there, and came to the corner of Great Ormond-street. Some of the rioters followed me, and said these were the houses which were to come down.

Had that man a bell? - No, he had no bell in his hand when I saw him. He had on a brown coat and round hat; he had a scar in his face he had been knocked down by a gentlemen in Queen-square.

Where was it you had this conversation with the prisoner and the man? - At the corner of Devonshire-street, in Queen-square. I left the prisoner with his fellow-servant there when I went home.

PETER BOND sworn.

I am servant to Mr. Lewis, in Ormond-street. I went to Devonshire-street about four o'clock, and staid about half an hour. I saw Wilson the prisoner there. I know him perfectly well by sight; he lives in the same street my master does. At the time I was there he was standing holding his fellow-servant by the arm; he stood by the end of Boswel-court. I did not see them touch any thing, or hear them say any thing to any body. I returned home and went again before five o'clock. Then it was all demolished and the mob were gone to a gentleman's house in Great Ormond-street.

Mr. WILKINSON sworn.

I have known the prisoner some time; he has an exceeding good character; when I heard he was taken up I sent my compliments to Sir Henry Gray that I would come to dinner with him to know how this man came to be taken up. Sir Henry told me he was exceeding quiet. I always thought him a decent well behaved servant.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

385. MARY WILKINSON was indicted for stealing a copper gallon pot, value 2 s. the property of William Clark , June 12th .

WILLIAM CLARK sworn.

I live in Crown Court, Newgate-street. I observed the prisoner had got a gallon pot concealed under her petticoats. I stopped her. I asked her what she had got and where she was going? She said, what is that to you, I am going to hell. I said, you may as well give me my pot before you go. I went to catch hold of her, and she fell down by the kennel and said I was going to rob her. I took the pot from her and charged a constable with her and sent her to the compter.

Was she in liquor? - I do not think she was, but she might be.

Did not you think the answer she made was more like a drunken than a sober woman? - Yes, one would have thought she had been drunk by that, but she went along the street very well.

(The pot was produced in court and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I went into this man's house, and had a pint of beer; the gentlewoman asked me to get her some water. I did not intend to take the pot when the man laid hold of me.

To the Prosecutor. Where did the pot use to stand? - In the passage with pump-water in it; there was water in it that had been brought by my boy from St. Paul's pump. She had been in my house and had a pennyworth of beer.

GUILTY of stealing to the value of 10 d. W .

Tried by the Second Middlesex Jury before Mr. RECORDER.

386. JAMES SMITH was indicted for stealing eight iron bars, value 10 s. the property of the Mayor and Commonalty of the City of London , June 12th .

JOHN DINMORE sworn.

On the 12th of June, about eleven o'clock, I saw the prisoner come up Turnmill-street with two iron bars in a bag on his shoulder. Isaacs and Redgrave, two other constables were with me; we stopped him and asked where he got these bars? He said he found them near Smithfield, but could not tell directly the place. I secured him. He laid in gaol till the 15th when the magistrate sat at the Artillery Ground; he was then examined and committed for further examination; when we came to Bridewell in the evening, he desired Redgrave and I would call upon him in the morning; we did. He asked if we could be of any service to him? I said it was out of our power to promise him any thing whatever. He said, he had some more iron at home at his lodging in Long-lane, Smithfield.

Did he say where he got the iron from? - He said some men and he got it from Newgate. We went to his lodging and found these other eight bars across the bedstead under the bolster and pillow of the bed where his wife lay.

(The evidence of John Dinmore was confirmed by the testimony of Thomas Isaacs and Jonathan Redgrave .)

THOMAS FLETCHER sworn.

Seven of these bars belong to the transom windows, which give light into Newgate. I know them by the size and length, and the mark where they go through; two of the bars belong to the steps of the stairs.

Do you know when these bars were taken from Newgate? - No.

You did not see whether the bars were left standing after the rioters were there? - No; a great many were destroyed and a great many were standing.

What was the value of these bars? - When they were new between two and three guineas.

Were they put up at the expence of the City of London? - They were.

PRISONER's DEFENCE.

I have some friends to appear for me.

(The prisoner called three witnesses who gave him a good character.)

GUILTY .

Tried by the Second London Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

387. THOMAS CUBBAGE was indicted for stealing a wooden cask, value 3 s. and a copper funnel, value 6 d. the property of Thomas Langdale , June the 7th .

JAMES MATTHEWS sworn.

I am servant to Mr. Langdale.

Look at that cask and funnel? - It is my master Mr. Thomas Langdale 's property.

When did you see it last in Mr. Langdale's house? - The day his house was destroyed, Wednesday the 7th of June; it is my province to fill these casks; I use the funnel for the finings. I am sure it is Mr. Langdale's.

ROBERT MORRIS sworn.

I am servant to Mr. Langdale. On the 9th of June I went with a constable to the prisoner's lodgings in Hosier-lane, Smithfield; I found a cask and funnel there; they are Mr. Langdale's property. The constable Mr. Bush came and told me of the prisoner; we went after him but could not find him; he was taken afterwards.

JOHN BUSH sworn.

I am a constable of Farringdon Ward Without; I took the prisoner on the 9th of June, between nine and ten o'clock. I found this cask and funnel, and two other casks, in his lodgings.

Did any person live with him? - Only a woman he cohabited with as his wife, as he told me; about an hour after I had been to his lodging, I was informed where he was and went and took him.

Court. How came you to go to his lodgings? - Mr. Langdale's servant came to me and said there was some of their liquor in the prisoner's room.

WILLIAM BRIGGS sworn.

I live in Hosier-lane, No. 29, in the same house with the prisoner. Upon the 7th of June, the day on which Mr. Langdale's house was beset, a great deal of liquor was brought by some persons, I did not know who they were; I told the landlady it was wrong to let it come in. She said she did not like to let it come in, but had not seen Cubbage, and he was so desperate a fellow she was afraid to speak to him. On the 7th in the evening, about eight o'clock, I met the prisoner on the stairs with a copper funnel and some kind of spiritual liquor in it; I let him pass on, and I went out. I hope if any body comes to swear for him you will please to observe them for they must be forsworn.

PRISONER's DEFENCE.

I never saw the funnel; I know nothing of it.

For the prisoner.

MARGARET CURRY sworn.

The prisoner has lodged three months in the house where I lodge; concerning Mr. Langdale's affair I saw all the liquor brought in; none was brought in by the prisoner that I saw, and I believe I saw it all brought in.

Who was it brought in by? - By a strange young man I never saw before nor since to my knowledge.

How came he to bring it to your house? - I am only a lodger in the house; I sat at the door from seven till eleven o'clock, and saw it brought in at different times.

Whom was it brought to in the house? - I do not know; it was found in the prisoner's apartment, I believe he was not at home at that time; I did not see him; he was out all the time the liquor was brought in I believe.

Cross Examination.

You was not in his room? - No.

How can you swear he was not at home then? - I sat at the door from before seven till near eleven o'clock, in the course of which time the prisoner neither went in nor out; I saw a strange young man, who I had never seen before nor since, bring in a great cask of liquor; I believe that is the cask which is produced; he went a second time and brought some in a pail; he came a third time with some in the copper funnel; he put it to my face two or three times and wanted me to drink. I refused; I said I thought it a strange thing to bring liquor home in an open funnel. I asked him which way he stopped the funnel? He said he put a bung at the bottom of the funnel; I believe it is the same funnel; it was of the same colour; it was bent like this funnel; a few minutes after the last of the liquor was brought in the prisoner came in all in a sweat and said, He had been helping Mr. Langdale remove some of his things for fear the fire should reach his place.

Prisoner. Mr. Woollaston I said.

Witness. Mr. Woollaston's. He said for fear the fire from Mr. Langdale's should reach Mr. Woollaston's place he was removing some of his effects.

What time did he come home? - Between seven and eleven; he followed the last liquor in. I was then sitting at the door in my own chair; the alarm was so great I could not stay in my apartment.

Is Mr. Woollaston here? - No.

Where did the prisoner go to after he came home? - I do not know; he went up stairs.

Did he go out again? - I do not know that, he went into his room.

When did you see him again? - I did not see any thing more of him till the next day. The strange man who brought in the liquor the last time asked me to drink, for he said he had run great hazards to get it, for the cask was on fire as he drew the last out.

MARTHA SINCO sworn.

I live at No. 29, Hosier-lane. The prisoner lodged with me seven weeks. I saw the cask of liquor brought in; not by the prisoner, but by the person who had been with him all day and was with him all night and all the next day.

Did the prisoner come in with the person? - The prisoner came in about five minutes after I saw him.

What time of night was that? - I cannot say; soon after Mr. Langdale's house was set on fire; it was the beginning of the evening, about seven o'clock, but the hour I cannot say exactly. I said to Cubbage, this acquaintance of yours has brought in some liquor, I suppose from the fire; and I desired there might be none of that gentleman's property brought into the house, for we should come into trouble; he smiled and went up to his own appartment. There was the man who brought in the liquor, the woman who lives with him, and the prisoner.

What was the woman's name? - Cubbage.

How long did he stay above with his comrades? - He was in and out all night. My husband went to the door, and broke the dining-room windows. The prisoner, d - d his eyes, and said he would fetch the mob, and he swore we were all Romans, and he would have us all down. He went on cursing and swearing in that way all the next day.

You say he came in five minutes after the man brought the liquor into the house? - Yes. I told him it was brought in and carried up into his room. The man was a countryman and sells eggs. The prisoner, the man, and the woman he lives with, were making a racket in the house all night.

Did you see the funnel brought in? - No.

Prisoner. She says I came in five minutes after the man.

Sinco. The man sleeps in the garret. The neighbours came backwards and forwards into the house and desired we would let him say what he would, for they were afraid he would have the place burnt down.

For the Prisoner.

THOMAS CHALLONER sworn.

I have known the prisoner about nine or ten years; he was always very honest and just to me in his dealings, in paying for what he had.

JOHN MERRICK sworn.

I am a coachman. I have known the prisoner about three years. I have dealt with him for eggs, bacon and cheese. I never knew any harm by him; he was always very fair and honest in his dealings with me.

WILLIAM BAGWELL sworn.

I am a watch-spring maker. The prisoner lodged in my house; I have known him a dozen years; he was always very honest; I never heard any thing amiss of him.

GUILTY N. 5 Years .

Tried by the Second London Jury before Mr. RECORDER.

388. SARAH GUY was indicted for stealing a two-quart pewter pot, value 1 s. the property of Thomas Langdale , June 7th .

JAMES MATTHEWS sworn.

I am a servant of Mr. Langdale's. At the request of Isaacs, I went up to Justice Blackborough's to look at a two-quart pot; I saw it there; I told the justice I was very confident that was my master's property. I had often used it, and there was T L marked upon it.

Prisoner. Did you see me at the place? - I never saw him except before the justice.

THOMAS ISAACS sworn.

I am a constable of St. James, Clerkenwell. I know the prisoner well, I searched her lodging for stolen goods, and found this two quart pot and a keg; I asked whose property they were? she said her own. I examined it, and found T L upon it, and took her into custody.

PRISONER's DEFENCE.

I lodge in the one-pair-of-stairs room. A man came and desired me to let him leave these things. I got out of bed and let him leave them. I never was near the fire. I know nothing of it.

To Matthews. Are you sure the pot is Mr. Langdale's? - I am.

GUILTY W .

Tried by the Second London Jury before Mr. RECORDER.

389, 390, 391. WILLIAM VANDERBANK , THOMAS PRIOR , and JAMES PRIOR were indicted for stealing two silver rims of an etwee case, value 1 s. a piece of foreign silver coin, value 3 d. a piece of foreign coin, value a farthing; a Goldsmith's almanack for 1742, value 2 d. a canvass bag, value 2 d. and 1268 halfpence, the property of Thomas Langdale , in the dwelling-house of the said Thomas , June the 7th .

MATTHEW SWIFT sworn.

I am a constable of St. Clement Danes. I have here two bags of halfpence; I found them in the lodging of the prisoners. They all lodge in one room; they were just got out of bed when I took them. I found these things under the bed; they have been in my custody ever since. (The witness produced the several articles mentioned in the indictment.) They were in two boxes, one was locked at the foot of the bed, and the other under the bed; one belonged to Vanderbank and the other to the biggest Prior. There were eighteen shillings and ninepence in Vanderbank's, and in the other one pound, fourteen shillings, and three halfpence; two pounds twelve shillings, and ninepence all together.

Were they all in the same bed? - I went at four o'clock in the morning on Monday the 12th. I was told of it on Sunday the 11th. I saw Vanderbank come out of the door; he went in again. I saw the boy come out, and then he went towards Brook-street; I went after him; he returned back again. I then got somebody to go in with me. They told me who the boxes belonged to; that they had them from Mr. Langdale's; that they were together when they got them. the two biggest both told me that they saw the little boy was drunk. I had them at Lincoln's Inn, by five o'clock, under the care of the soldiers, I believe.

Was any thing said to them that it would be better for them to confess from whence they had got them? - No, nothing at all.

JOSEPH SPENCER sworn.

I am a plasterer, in Hemlock-court, Carey-street; Vanderbank worked for me some time, and on Monday the 5th of June and Tuesday he worked with me; the Wednesday and Thursday the 7th and 8th he was missing. On Friday he came to work about eight o'clock. I asked him where he had been to? He said to the fire.

Is he an apprentice to you? - No; a labouring man; I asked him what he had been doing there? He said he made better there than he did at work. I perceived he had a new pair of shoes and a new pair of stockings on, and a new hat and handkerchief. I asked him how he came by them? He said, he had got that, and had bought himself a new suit of blue clothes.

Did you ask him what fire he had been at? - Yes; he said Mr. Langdale's fire. I asked him how he came by the money? He said he had got a bag at home and Thomas Prior had got another bag.

Before he said this did you make him any promise or making use of any threats? - No. I said I was afraid he would come to shame about this if he did not take care.

Did you ask him where the bag was? - He said it was up stairs where he lodged, and Thomas Prior had got another bag.

Did he tell you where his lodging was? - He told me he lodged at Brookes-market, opposite the Blackmoor's Head, but where I did not know at that time; he talked about buying a watch and some household goods. I asked him what he was going to do with them? He said that was no matter to me, it was of no signification. On the Sunday I acquainted Swift the constable with it, and I went with him on the Monday morning to shew him the person; I was in the street when the bags were brought out.

What do you know about the other two boys? - I know nothing of them; I never saw them above once before.

Prisoner. When I came to work he said, if I did not give him and a man in the house something he would have me taken up.

Spencer. It is false; I never asked him for a farthing in my life.

How came you to make a discovery of this, did you do it immediately? - I made a discovery of it on Sunday.

You heard of it on the Friday? - I did not hear it all on Friday as we were working together; I did not hear of the money till Saturday.

Did not you hear of the proclamation of a reward which came out on Friday? - No; I do not want a shilling.

You do not desire any reward? - No.

Prisoner. Mr. Spencer and Joseph Kelly , who lives in his house, were always asking me if I could let them have money or they would turn evidence and have me taken up.

RICHARD BROWN sworn.

I went with Swift into the apartment and apprehended the prisoner on the Monday morning; under the bed we found a box which belonged to Thomas Prior ; there was a bag of halfpence in it; searching the room we found another box which Vanderbank said belonged to him; in that box we found two medals, a bag of halfpence, two rims of an etwee case, and an almanack. Prior said, They were chucked to him out of the fire; that the bag of halfpence hit him and cut his face. Vanderbank then owned they had them out of the fire.

JOHN DUXBURY sworn.

I am clerk to Mr. Langdale; this bag is the property of Mr. Langdale; it has my mark on it. This book (the Almanack) is Mr. Langdale's; I can swear to his handwriting which is in it; the figures on the back are his; here are some memorandums in it relating to the rise of rums; the other things I cannot swear to; Mr. Langdale had a medal like this, but I cannot swear to it; we tied the halfpence up in three guinea bags.

WILLIAM CORNER sworn.

I am clerk to Mr. Langdale. On Wednesday evening the 7th of June last, between six and seven o'clock, I saw Vanderbank in Mr. Langdale's warehouse, but I did not see him doing any thing; one of Sir John Fielding 's men came and took me to Clerkenwell to see if I knew the prisoner; they were taken out separately, and I knew Vanderbank.

VANDERBANK's DEFENCE.

Going along Shoe-lane I kicked a bag of halfpence; I carried it home; I put it in my box and went to bed.

PRIOR's DEFENCE.

My master cautioned me to keep out of the mob; as I came past Mr. Langdale's door the bag of halfpence were thrown in my face and cut it; there were a parcel in the house scrambling for the bag; a brewer's servant bid me take i t home.

(There being no evidence to affect James Prior he was not put upon his defence.)

For the prisoners.

PAXTON MARSHALL sworn.

I know both the Priors; I have known them both I believe these three years.

How old is the least of them? - I do not know how old he is.

What sort of character have they born? - The time that I have known them very good characters.

Are they apprentices to any trade? - Not that I know of. Their father is dead; their mother is alive. Thomas Prior follows the plastering business; his father was a plasterer.

Who does he work with? - I really do not know.

- FERGUSON sworn.

I know the two Priors. Thomas has lodged with me these twelve months past; he works somewhere in Bishopsgate street; his master has been here twice or thrice but his business calls him off; he is not here now. Thomas bore a very good character; he was beloved in the neighbourhood; he behaved remarkably well and never was before a justice before; the other is very seldom with me.

Has he worked with the same master all this twelvemonth? - I believe not.

HENRY FLOWER sworn.

I am a plasterer I know both the Priors. Thomas Prior worked for my mother six years ago during that time he behaved remarkably well.

What age is he? - I take him to be about eighteen.

What is the age of the other? - I do not know.

SAMUEL BRIDGES sworn.

I have known Thomas Prior six years; he always bore a good character while I knew him. I have worked with him in several places; he works with one Mr. Thompson in Shoreditch. Mr. Thompson attended here the day before yesterday; but was so busy he could not attend to-day.

JOHN DAVIS sworn.

I am plasterer to the Inner Temple. I know all the three prisoners; the two Priors worked for me two years ago. Vanderbank has worked for me a year and an half successfully. I never heard any harm of him, nor of any of them indeed.

Do you know Mr. Thompson? - No, I cannot say I do.

VANDERBANK GUILTY 10 d. Fined 1 s.

THOMAS PRIOR GUILTY 10 d. Fined 1 s.

JAMES PRIOR acquitted .

Tried by the Second London Jury before Mr. Justice NARES.

392. JOHN BARRETT was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of Christopher Connor , against the form of the statute; &c.

ANN CONNOR sworn.

Our house was attacked about ten o'clock on Wednesday the 7th of June.

Do you remember seeing the prisoner there? - Yes; some time after the goods were destroying I jumped out of the one-pair-of-stairs window to save my life. I fell into the street. I got up again, and the prisoner struck me on the shoulder with a kind of a coach wheel spoke, a piece of thick wood, which he had in his hand, and knocked me down.

Do you know whether he saw you fall? - He must see me fall; as I rose up again he gave me another blow: he then came round me, put his hand into my pocket apron and took what money I had. They had broke all the bars out of the cellar door; he got into the bar and left me; I thought to get into the bar; I could not. I withdrew a little and got behind the mob; they broke down the back yard gate and I got in again backwards in about five minutes; I found an old cloak and hat belonging to my servant; I put them on and stood among the mob, hoping they would take me for one of them.

Did you see this man do any thing more? - I did not go any more to the place where he was, I was backwards; I saw him backwards and forwards on the outside of the house; I only saw him waving his stick about; he was very dirty; he seemed to have fallen down in the dirt.

During the time you speak of were the mob doing any thing to the house? - Yes, they were very busy destroying the goods and pulling down the house; the inside, the window frames, and wainscoting are all taken out.

Had they destroyed the wainscoting before you went out? - No.

When was the prisoner taken up? - Last Sunday was a week.

Upon whose information was he taken up? - I believe upon mine; I knew him but did not know his name; I enquired; they called him Hell fire-Jack. We had no habitation; we came back to a little house on the same spot of ground, till we got a knowledge of these people.

How came you to know his name afterwards? - The people in the yard where he lived told me.

Prisoner. Whether she can swear to what clothes I had on? - They appeared to me to be brown, but they were covered with dirt and mud.

JOHN CHIVERS sworn.

I am a shoemaker by trade. I live in Whitechapel. I was at Connor's door after the mob began to destroy the house; I saw the prisoner at about a quarter after ten or half after ten o'clock; I walked up to the door and looked in at the windows; the prisoner came out in three or four minutes; then a woman came out with a bed; he laid hold of the bed and lifted it up higher for her.

What were the people doing when he came out? - Demolishing the wainscoting as fast as they could, and bringing the things down.

Prisoner. What sort of clothes had I on? - Brown.

Prisoner. You have said blue; you know you have been a thief-taker all your life, and you come to swear my life away? - I mentioned it to Mrs. Connor the next morning when he had his hand tied up.

PRISONER's DEFENCE.

I was at home about nine o'clock. Mrs. Mills came and asked me to help her take some of her goods out, as she expected the rioters to come to her house. I went to her house, and then I came away and had a pint of beer and went to bed.

For the Prisoner.

ALICE MILLS sworn.

I live opposite Connor's house; the prisoner did not know of any riot there till I brought him down stairs. I had got two persons committed to Newgate; as the prisoners were let out I expected my house to be pulled down. Between nine and ten o'clock I took a tea-chest in my hand and went into the prisoner's room; he had his waistcoat unbuttoned, and was going to bed. I said, you do not know the distress I have been in; I expect the people to come from Newgate to pull my house down, I wish you would take my apparel into your room and save it for me; his wife had just lain in; she said he might go with me and save what he could.

He does not live in the same house with you? - No, he lives at one Mr. Cooper's, about four doors from me; as we came down stairs there were two gangs of rioters came into the yard; they came down Wentworth-street way from the high street; when we got down to my door opposite the prosecutor's there came in another gang from Whitechapel, and then they filled the yard quite to my door. I said now I must not move any thing for they will think me a Roman Catholick if I do. I said his wife would be frightened, and desired him to go back to his wife; he went back and went to Mr. Hill's, a publick-house, and had a pint of beer. I was at the door all the whole night.

How do you know he went there? - Mr. Hill will witness he was there. I sent some parcels about twenty minutes after, and his wife answered out at the window and said, Mr. Gandon's people were in bed and would not let any parcels in; they were frightened. I have no more to say; I could not get my parcels in, no-body would take them; I was at the door all night, I durst not go in.

JUDITH GANDON sworn.

The prisoner came home about a quarter before nine o'clock, before the riot began. He lives in the same house I do; he has the lower part and keeps a cooper's shop. He went up stairs directly; in about half an hour Mrs. Mills, the last witness, came in and said the prisoners were come from Newgate, and she was afraid they would destroy her house. She asked the prisoner to assist her; his wife begged of me to keep the door shut, that he might not go, for fear he should be murdered. The door was opened; he went out and came in again in about a quarter of an hour; he staid a few minutes and then went out a different way from where the rioters were. He came in again in about five minutes, as near as I can guess, and then went to bed. I went up for his candle because his wife had lately lain in; it could not then be above a quarter or half an hour after ten o'clock.

Can you take upon you to say positively that he was not out of his house after half after ten o'clock? - That I can. I think before that, about eleven o'clock, the prosecutor's wife came to the house; I had just stepped over the way; the door was open; she brought some goods, and then she did not say any thing about being robbed, not a word.

What did she bring the goods for? - To be safe. She had saved them out of the fire herself. More than that, a woman who came to bring some goods, told me, that a man who lived in her house, had been robbed of his watch and buckles, but never mentioned Mrs. Connor being robbed. I know nothing of that woman, I never saw her before. I never heard it mentioned that he had done such a thing till the Sunday after the riot, which was on the Wednesday. I told the prisoner what I had heard; he did not seem at all confused at it; he said he knew himself innocent, it was no such thing. I mentioned it to him two or three times after; he said he had been told of it by other people and had been desired to go off, but he would not go off as long as he knew his own innocence. I believe him to be a very honest man. I have been out of a Sunday, and left him all day in care of the house; I never missed any one thing.

JOHN BRISTOL sworn.

I am apprentice to Mr. Gandon, in Black Lyon-yard, Whitechapel. I let the prisoner in a little after nine o'clock. He lodges at our house; he went up into his own apartment. A short time after he had been there Mrs. Mills came and asked him to help her remove some of her goods, for she expected the mob at her house. He went, and returned in ten minutes or a quarter of an hour at farthest. He went up stairs; after staying a little while he went out to a publick-house to have part of a pot of beer; he returned in a little better than five minutes, and went to bed, and I saw him in bed several times, being in the room.

How late in the evening did you see him in bed? - The last time in the evening I saw him in bed was about twelve o'clock.

JONAS GANDON sworn.

The prisoner lodges in my house. I was not at home on the night of the riot till almost twelve o'clock. When I came home I found all the family exceedingly alarmed; the mob were destroying Mr. Connor's house. I was about the fire several times; I did not see the prisoner there; I was told he was in bed, but I did not see him in bed.

Was you near the prosecutor's house? - Yes, three or four different times. I saw three or four people there whom I did not know, but I should know again if I was to see them. I went home about half after twelve o'clock, and was up in my house till about three in the morning. I locked the door and took the key out; I got up about half after seven, and I saw the prisoner go out about eight o'clock.

Could he have got out without your knowing it? - He could not have got up without some of the family knowing. I was the first up, I believe.

Where did you put the key? - I hung it up in the kitchen; I locked the kitchen door and carried the key of the kitchen up to my sister's room, as I always do.

Is your sister here? - Yes.

To Judith Gandon . What time did any of the family come for the key in the morning? - I cannot tell.

Jonas Gandon . The Sunday following I was informed that the prisoner was seen to be very busy at Mr. Connor's; Mr. or Mrs. Connor had mentioned it; I spoke to the prisoner about the matter. He avowed his innocence. He never has left the house I live in, except going backwards and forwards to his work, and then passed the house. They lived in Black Lyon-yard after their house was destroyed; he was under the necessity of passing by their house two or three times a day. He was suffered to go at large for sixteen days I believe; he was taken last Sunday was a week. He lodged with me about seven months. I believe he is a very honest man; he and his wife have been entrusted with the care of the house. I beg to ask your lordship, has there a man been examined against him of the name of John Chivers ?

Court. There has.

Gandon. He is a runner to a justice, I believe, at the Rotation-office.

Chivers. I never was.

Gandon. I believe he is a runner. He is dressed differently now to what he generally is; he is generally dressed in a low way; he is dressed now like a working man, to make him appear more creditable, I suppose.

THOMAS BOARDHAM sworn.

The prisoner had a job in hand for me at the time; he came to me the next morning after Mr. Connor's house was pulled down, at about half after nine, to borrow a shilling; I told him I could not lend it for I had no silver in my pocket. He came again the next morning and I lent him sixpence. Then he went to work for me. In the afternoon I lent him a shilling more. The next morning he came to work again and worked all day; at night I paid him three shillings and ninepence for work which he had done for me. He finished my job on the Saturday night after. He did not work for me the day of this affair at Connor's, because I was not ready, he did the day after, and the next to that; that is all I know about it.

WILLIAM EWER sworn.

I have known the prisoner going on two years; I always looked upon him to be an honest man. He worked for me six months. He has received money for me, and always brought it me truely.

EDWARD DAWSON sworn.

I have known the prisoner three or four years. He has worked for me three or four different times. He was always an honest man from what I know of him.

THOMAS CHALLONER sworn.

I have known the prisoner two years. He worked for me as a wheeler, and always behaved very well. I believe he is a very honest man.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

393, 394. JOHN WHITE and PETER DREW were indicted for that they, togther with forty other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of David Miles , against the form of the statute, &c.

THOMAS CONNIFF sworn.

I am a carpenter and joiner, I live at No. 4, in Orange-court, two doors from Mr. Miles's house; his house is the corner of Orange-court, King-street, Golden-square . When the alarm was given I was in bed. I got up and was in the street before there was any fire; there were about forty or fifty persons collected together, but not all with blue cockades. This was after twelve o'clock on the Wednesday morning. I saw some of the mob throwing out the furniture and the wainscoting of the house, and others throwing it into the fire. I saw John White receive the furniture and wainscoting out of the house and put it on the fire; there were four or five fires made in King-street at that time. I observed a fire at the end of King-street, Carnaby-market; I was afraid of Mr. Edward's house taking fire; I went to assist him, and knocked at his door. Mr. Edwards came out; I saw White come with several loads of furniture and wainscoting and throw it on the fire very leisurely; he was not so furious then as he was at first.

What were the mob doing then? - Throwing the furniture and wainscoting out at the window.

Did you know White before? - I have known him by sight four or five years; I am sure he is the man. I staid there from half after twelve o'clock till near four in the morning, then the fire was out; the people in our house were obliged to give the mob money to save our house from being pulled down.

Was there any other house in that neighbourhood destroyed beside Mr. Miles's? - No.

There were several fires in King-street and one in Carnaby-street? - Yes; that fire in Carnaby-street was brought from King-street; I saw him take some from the fire in King-street and carry it to Carnaby-street. I went backwards and forwards; I did not stay at any one fire.

JOHN EDWARDS sworn.

I am a pawnbroker in Carnaby-street.

Was you at Mr. Miles's house at the time the mob destroyed it? - I was. I observed White several times carrying effects, which had been thrown out of Mr. Miles's house into King-street, and saw him lay them on the fire; and I saw him carry some and put them on the fire by our door; I never saw him in the house; this was at about one o'clock on Wednesday morning.

Did you know him before? - Yes. I knew him by sight; I have seen him several times.

How long did you stay there? - From one o'clock till the mob was entirely dispersed, which was about four o'clock in the morning.

How long did you see White employed in this manner? - I cannot say how long, I saw him several times bring effects from before Mr. Miles's house after they were thrown out.

WADE PALMER sworn.

I am a measurer and surveyor in Great Windmill-street, at the top of the Hay-market. I was at Mr. Miles's house at the time the mob were there; I believe I saw White there, but I cannot swear positively to him.

WILLIAM COOK sworn.

I am a carpenter and surveyor, in Carnaby-market. I was at Mr. Miles's house about half past twelve o'clock, waiting for the mob; I saw the prisoner White there; I had known him many years. As the mob threw the things out of Mr. Miles's house he brought them to the other end of the street and put them on the fire. I looked upon it at that time, that he was doing service to the neighbouring houses, for the fire was so exceedingly great at the end of the street where Mr. Miles lives, that had it been thrown upon that fire, it must have set the houses on fire; as it was they were obliged to water the houses.

Did he appear to you to take the things from Mr. Miles's house to the fire, or from the fire by Mr. Miles's house to the other fire? - He took them from before Mr. Miles's house, near the fire, to the other fire; he seemed to do it gradually; he knew us all, and knew we must take notice of him; I cannot enter into what ideas he might have in doing of it.

WILLIAM ALLEN sworn.

I follow the business of tripe dressing. I live in Marshall-street, Carnaby-market.

Do you know Mr. Miles's house? - I do; I was not there till about a quarter after two o'clock; when I came to the house there were I suppose fifty or sixty people about the house; some in the inside flinging out boards of different kinds, and the fire was burning close to the front of the house, but they came down so fast that they lay in a great heap between the fire and the house; and, as Mr. Cook has observed, the people took it away to prevent its communicating to the house. I saw both prisoners; I cannot say that White was at the fire; I met him in Cross-street, which is about the middle of that street; he had some wood under his arm; he was walking in a very gradual manner; when he came to the fire, at the east end of the street, he laid it on; I did not think he did it with that wicked design which I believe many there did. I saw Drew within the passage of Mr. Miles's house, it may be three yards from the street door; it was then near three o'clock; I had been there some time; the mob were pulling down some boarding on the shutters and over the door. Drew did not act in pulling down; I only saw him in the passage.

Did you hear Drew say any thing or speak to the mob? - I did not; I was at a distance from him but I knew him very well before; I lost him almost immediately after I had seen him.

THOMAS TAYLOR sworn.

I am between fourteen and fifteen years old.

You was by the justice admitted king's evidence? - I was.

Do you know the prisoner Drew? - Yes, very well; I was with him on the Tuesday night at Mr. Miles's. Drew went into the house and pulled the wainscoting down and threw it out at the window to be burnt, and he broke the glass bottles; this was between eleven and twelve o'clock; there were a great many more people throwing the furniture out; and there were an hundred people, I suppose, on the outside of the house who were making a fire with the furniture and wainscoting; and huzzaing.

How long did Drew stay there? - For two hours, I dare say; he was in the back parlour and up one-pair-of-stairs.

Did you know Drew before? - Yes, he lived at the fish shop in Carnaby-market.

Did Drew say any thing to you before he went to the house? - There was a mob in Leicester Fields; he asked them to go and pull down Miles's house, because Miles had taken up some of the rioters.

When was that? - On the Tuesday night, between ten and eleven o'clock; that was in Leicester Fields; the mob went to the house in about half an hour after that.

How long have you known Drew? - A twelve month I believe.

How old is he? - About eighteen years I believe.

You were in Leicester Fields with the mob yourself? - Yes; there was a fire in Leicester Fields of the goods which came from Justice Hyde's.

And you went with the mob to King-street, Golden-square? - Yes, to pull Miles's house down.

Drew. What was the reason of his running away from the justice's with his father when they wanted him to impeach me? - I did not run away; they ordered me to go away and come back and impeach who I liked.

Had you mentioned Drew at that time? - No.

How happened it you had not mentioned him then? - Because the gentlemen desired me to go out and come in again and impeach who I liked.

Who desired you to impeach Drew? - No-body.

Drew. When he was at the justice's the justice asked him if he could impeach any body; he said no. He went out with his father; and his father or some body bid him impeach me.

Was you asked when you was first before the justice whether you could impeach any body? - No, I was not asked any thing.

Drew. If Mr. Owen in Carnaby-market could be sent for, he could prove I was in his house. I was told in New Prison the bill was thrown out. I did not know I should want any body, therefore I did not send for him. There was one bill thrown out on Wednesday; I was not aware of there being another found against me.

Counsel for the Crown. That fact is true there was one bill against him thrown out.

Drew. I was told it was thrown out on Thursday last. I did not know my tryal was to come on; I have been in New Prison.

The Keeper of New Prison sworn.

When the first bill was thrown out Drew was informed of it; when the other was found he was informed of it; that is about two days ago.

Did he know his trial was to come on? - I do not know; my man Brown does.

JOHN BROWN sworn.

I apprehend he did know his trial was to come on.

DREW's DEFENCE.

My father is at Oxford, he is dying; my situation makes him worse. My father's circumstances have run low, he kept the White Horse in Carnaby-market. I lived with Mr. Owen, a fishmonger, in Carnaby-market.

WHITE's DEFENCE.

I was watching market, when this happened; I went to see what was the matter. All the fires were alight; I saw a pile of wood; they came up to me and said if I did not lay hold of some of the wood and carry it to the fire they would shove me in and burn me.

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

395. BENJAMIN RULE was indicted for that he together with an hundred other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Samuel Waterhouse , against the form of the statute, &c.

TERENCE GILL sworn.

I am a taylor and live in Tottenham-court-road. I was at Mr. Waterhouse's house in Little Russel-street, Bloomsbury , the morning it was destroyed, between twelve and one o'clock; I cannot be positive what day of the week it was. There were three or four hundred people there, I suppose; they were armed with bludgeons, and some had iron bars. I saw the prisoner among them.

Did you see them break into Mr. Waterhouse's house? - No, I did not. I saw them pull down some of the wainscoting, when it was almost over. When I first came the mob were in the house throwing out the boards; I saw the prisoner at that time, which was between twelve and one o'clock, pulling down some of the wainscoting of Mr. Waterhouse's house.

How long did you see the prisoner there? - About ten minutes or a quarter of an hour. There are two divisions; the schoolhouse and the front house, which does not join the dwelling-house, but is three or four yards from it.

Is there any way from the house into the school? - I do not know; I was only past the house. I staid there about a quarter of an hour; when he went away I followed him.

Did you see the prisoner the whole time? - Not the whole time; I saw him for between ten minutes and a quarter of an hour.

Did the prisoner say any thing? - Not at that time; he went away with thirty or forty others to the workshop of Mr. Simmonds. He said there were sixteen taylors at work for one Simmonds, in Monmouth-street there, and he would destroy the place where they were working. The prisoner said that directly as they left Waterhouse's.

Court. They were going there before he said that, were they not? - I do not know. As he came to the door he said so.

The dwelling-house of Mr. Waterhouse and the school-house are separate? - I believe so.

Did you see him do any thing in the dwelling-house? - I saw him in the school.

What were the mob doing in the house at the time he was in the school? - Throwing out the wainscoting and partitions of the house.

Did they appear to be the same mob which were destroying the house and the school? - I cannot say, I believe they were one mob.

Did you know the prisoner before? - Yes. I took notice of him in the street every time I passed by; I have seen him frequently for a year and a half; he is a barker at a shop in Monmouth-street.

What is a barker? - They stand at a clothes shop door and call to the people who go by to ask them if they want to buy any thing.

Are you sure the prisoner is the person of whom you have been speaking? - Yes.

Do you know how the prisoner came to be apprehended? - Yes, upon my information.

Was the information made after the king's proclamation? - Yes, I think it was.

And do you consider yourself as entitled to the reward? - No, I do not, because I do not want it; I did not do it on that account.

If the prisoner is convicted and you are entitled to it shall not you claim the reward? - I shall not ask it, I will never claim it.

Cross Examination.

Of what religion are you? - A Roman Catholick .

This man was a barker in Monmouth-street, that is, one of the most publick persons there, how long was it before you took him up? - A fortnight or three weeks.

Was it not quite three weeks? - I believe it was.

How came you not to take him up sooner? - I was afraid of myself; my wife would not let me.

Did the fear remain for three weeks? - Yes.

That is longer than it remained in any body else's mind. - I do not know that I am safe now.

You never said that you made the information by the persuasion of any runner or constable that you might have fifty pounds? - No.

You did not talk to any one about it? - I did talk to some persons; they said I was a fool if I did not do it.

Did not you tell a gentleman that Grubb said you might have fifty pounds for taking up this man? - No; Grubb never told me so.

And you say you never told any body it was by the persuasion of Grubb that you took the prisoner up? - No.

Did you never tell Mr. Barber so? - I do not know that I did.

What think you of this very day; did you tell him so to-day? - Yes, I believe I told him to-day it was by the persuasion of people.

Did you tell him by whose persuasion? - I do not know that I did.

Do you know Mr. M'Cartney in Monmouth-street? - No, I do not indeed; I may know him, but not to be acquainted with him; I do not know where he lives.

You never said it was by his persuasion? - No; I never spoke to the man in my life.

The whole time you was there was a quarter of an hour? - Yes; I cannot recollect the exact time; I believe it was between twelve and one o'clock.

You knew the prisoner so well you must know where to find him to take him up? - Yes, but I did not think he would stay there.

Did you give him any information to go off? - No. I thought somebody else would take him up; he staid there three weeks.

But you thought somebody else told him of it? - Yes.

And yet he would not go away? - I thought he would be told of it.

When he was before the magistrate do you recollect trying different coats on him to see which coat he looked most like the man in? - Yes.

Did you say when he had one coat on he looked more like the man than in the other? - I did not say so; I knew him in any coat; it was the others wanted that.

What coat had he on that night? - I do not know, I did not take notice; I knew the man.

Had he a great coat on? - I do not know.

Had he any coat on? - Yes; he had a coat on.

Why did not you take him up sooner? - I did not think myself safe.

No more you do not you say now, how came you to be courageous all at once? - It struck my mind to take him up.

But your fears still remain? - I was always afraid ever since.

Court. At the justice's, though you knew the prisoner before, the other witnesses only knew him from his clothes? - I do not know how they knew him; the clothes were put on for the other witnesses to know him.

RICHARD POWELL sworn.

I am a tailor, in John-street, Tottenham Court-road.

Do you know Mr. Waterhouse's house? - I have seen the house; it is in Little Russel-street. I was there between ten and eleven o'clock at night of the 6th of June; I staid there about ten minutes; I believe there were then about forty or fifty people there.

Did you observe any body in particular there whom you knew? - No, not then.

RICHARD JORDAN sworn.

I am a tailor; I live in Duke-street.

Was you at Mr. Waterhouses's house? - No; I do not know any thing of it.

SAMUEL WATERHOUSE sworn.

I live in Hyde-street; I did live in Little Russel-street; I was not there when the mob came; I left it on the Tuesday, at about two or three o'clock in the afternoon; it was then in good repair; when I saw it afterwards not a sash, nor scarcely a bit of the sash frame, was left.

Is the way to the school through the house? - There is a little yard of about seven feet between the house and the school; there was a way through the house to the school, but we did not use it; the front of the school was in Gilbert-street.

Court. Unless you mean to connect the two mobs which assembled at the dwelling-house and school-house I apprehend in point of law you cannot support it; who is the landlord? - Mr. Brooksbank of both the buildings; they are under one house.

PRISONER's DEFENCE.

I was only looking on as a spectator in Gilbert street.

For the Prisoner.

ANN SHEPPARD sworn.

I am servant to Mr. Joseph Collison .

Do you remember the night this Roman Catholick school was pull down? - It was on Tuesday night; I was there from half after eleven till twelve o'clock. I saw Rule standing at the side of the street leaning on a pallisade at the side of the door; there were a great many people standing round him. He was only standing looking on as I myself was with a child in my arms. I heard of it the day after. I said to my master, Good Lord! what have they taken him up for, he was doing nothing.

Cross Examination.

How came you to remember the time? - I was on an errand, and my master scolded me for staying so long.

You do not know the name of the street? - No, I do not know the name of one of these streets.

Do you know whether the fire was at the school or the house? - It was at the school; the men were bringing out the things out of the house.

Was that where the school was? - No; you turn to the right to go to the school.

JOSEPH COLLISON sworn.

I am the master of the last witness.

Did she tell you any thing about this young man? - Yes, the day he was taken up she seemed to speak with great surprise that he was taken up; she said he was doing no one action.

By your means I believe it was that this circumstance was found out? - Yes, it was. I have known the prisoner five or six years; he always behaved well and was a deligent servant to his master.

Cross Examination.

Where do you live? - At the King's Head, Monmouth-court.

PETER GASCOINE sworn.

I keep a shop in Monmouth-street; I have known Rule above eleven years; he has been above seven years in my service; he was in my service when he was taken up; he never neglected his business half a day in the year; he closed up the shop at night and came regularly in the morning from the 6th of June to the time he was taken up, as constantly as he did before.

Cross Examination.

Did the prisoner lodge at your house? - No; he leaves my house at nine o'clock in the evening and comes a t seven in the morning.

JOHN DAWSON sworn.

I am a salesman; I have known the prisoner about twelve years; he has borne an irreproachable character.

PETER DAWSON sworn.

I am a salesman; I have known the prisoner ten or twelve years; I had a great opportunity of taking notice of his behaviour; he is a very assiduous, diligent, worthy man as any in England.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

396. FRANCIS MOCKFORD was indicted for that he, together with five hundred other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Richard Akerman , against the form of the statute, &c.

ROSE JENNINGS , Esq. sworn.

Was you in the Old Bailey on Tuesday evening the 6th of June? - Yes, opposite Mr. Akerman's house.

Please to confine your evidence to what you know relative to the prisoner? - I will go to the circumstance of the first remark I made upon the prisoner at the bar. From the situation I was in I formed a sort of distinction between the mob and the spectators. I observed the prisoner among the people within the circle, appearing to me to incite and instigate that part of the mob, to the best of my recollection, it might then be about half an hour after seven o'clock, which was about half an hour after the mob assembled. I observed him several times changing his situation, and lastly, I think about nine o'clock, I saw some of the keys, which were said to be the keys of Newgate, in the hands of a person, but I cannot identify the person who had the keys; there were four or five together who were genteelly dressed; the prisoner was amongst them; the keys were held up, but by whom I cannot say; but amongst those persons was the prisoner; the keys were carried through the crowd by those people who appeared to draw off towards Smithfield, among whom was the unfortunate black (Bowsey) whom I considered to be the servant of one of those people, and the prisoner; and then I saw no more of it.

What time was that? - I think about nine, rather before than after.

Did you observe in what clothes the prisoner was dressed? - A dark coloured drab, as it appeared to me.

The same he has on now? - They appeared darker I think.

Cross Examination.

Where did those keys come from which were in the hands of some persons? - They seemed to come from towards the felons door.

Was the prisoner doing any thing? - No.

Can you take upon you to swear that you can so draw the line between the guilty and the innocent spectators as to say who were guilty and who were innocent? - I can in this way, the persons who are innocent stood inactive the others were in action.

Where those keys came from you cannot say? - No.

The prisoner was not a mischievous spectator? - No; I did not see him do any thing.

You did not see him take up the keys? - No, he was in company with one of the persons who had the keys.

You did not see him do any mischief? - No.

ANN WOOD sworn.

Was you in the Old Bailey at the time Mr. Akerman's house was destroyed? - Yes. I was at the dining-room window all the time.

Did you observe any person with large keys? - Yes, I did; I saw a man held up some keys in one hand and his hat in the other huzzaing.

Did you see that person do any thing else? - No; before I saw him with the keys I saw that person, whom I take to be the prisoner, poking something to the fire with a stick, but I could not see what it was.

Did you observe how the person was dressed? - In a lightish brown coat, a cocked up hat with a blue cockade in it.

Look at the prisoner do you believe that to be the person? - I saw the prisoner come with the mob when it first came; and when I saw the man hold up the keys at the fire and poke something with his stick I thought it was the same man, but I am not certain; I am certain the prisoner is the person whom I saw come with the mob.

Court. Are you sure you saw the prisoner come with the mob at first? - Yes.

Did you see the person who had the keys go into the jail? - I saw a man go into the jail at break of day; I believe it was the person who had the keys, but I am not certain that it was the same man.

Cross Examination.

You cannot positively swear to the prisoner? - No.

The man you saw with the keys go into the prison at break or day you believe to be the prisoner? - Yes.

Every body had cockades almost? - Yes.

The idle, the busy, the wicked, and innocent, all had cockades? - Yes.

You saw a great many persons there who were not doing mischief? - I did.

What sort of were they? - One was a large br key, brighter than the rest.

Where did they come from? - I cannot say, I did not see them till the man held them up.

That was the man you saw at break of day? - No; I cannot be sure; I think it was.

JOHN HALEY BRAZIER sworn.

I keep a wine vault in Market-lane. The prisoner lodged at my house.

Did you see him on Tuesday evening? - On the night the fire was at Newgate he came to my house in an hackney coach and brought something in his pocket, between six and eight o'clock I believe.

Are you positive as to the time? - It was about that time, it could not be later than that.

Was it dark or light? - It was light; he rattled them in his pocket when he came in and said I have got the keys of Newgate; he put them down upon the top of the table, and after that they were given to the servant, and she carried them up stairs into his own room; what became of them afterwards I do not know. I said, I did not like to have any thing to do with the keys; he desired me to lock them up; he said it was very possible that they might be advertised. He said, Mr. Smith, Mr. Akerman's brother, gave him the keys; I think that was the name.

You are not sure as to the name? - No.

Are you sure he said he received them from Mr. Akerman's brother? - Yes.

Jury. Are you certain to the time he came to your house? - Yes; it was between the hours of six and eight; he was very dirty about half way up his leg; he went up into his own room, put boots on, and went out again; the keys were carried up into his own room; I do not know what became of them afterwards.

Jury. How long did he stay at home? - Not above ten minutes I suppose.

Did he go out in the coach again? - No, on foot.

What part of the town is your house in? - Market-lane, the back part of the Opera-house.

Cross Examination.

You seem to say he came home dirty? - Yes.

Did curiosity never induce you to go out in the time of these riots? - Yes.

Could you go out without getting your shoes dirty? - There was no need to dirt one's shoes unless one was amongst some water, where one ought not to be.

Did he lie at your house that night? - Yes.

What time did he come in? - I cannot tell, I was a-bed.

What time did he get up in the morning? - I cannot tell, I was not up; the servant can tell you.

Did not you think it strange of this man if he was gone to burn Newgate, that he should tell you he had the keys of Newgate? - I did think it strange.

Did not he shew these keys to other people? - Yes, I believe he did.

Did he not want you to keep the keys till they were advertised? - Yes.

Did not you think it strange if he had been concerned in burning Newgate that he should want a person to keep the keys for him? - Yes.

What size were they? - They appeared to me to be large keys.

You would not touch them for fear they would contaminate you? - I would not come near them.

Counsel for the Crown. Was it after you would have nothing to do with the keys that he said he would advertise them? - No, before.

CHARLES SANDERS sworn.

I am cook at the St. Alban's Tavern. The prisoner was waiter there.

Do you recollect seeing him the evening of the 6th of June? - Yes; at about seven o'clock, I saw him opposite the Old Bailey.

Had you seen him before that evening? - Not in the city of London; I had seen him in the street where Justice Hyde's house was; and I saw him in the street afterwards, with Thomas Haycock .

Was any body with them? - They were walking sometimes by themselves sometimes with other people. They seemed to walk singly by themselves before the mob.

Jury. Leading the mob? - No, far from it.

Cross Examination.

Walking like other foolish spectators? - Yes.

You saw hundreds and hundreds in the same situation? - Yes.

Had they sticks in their hands? - Not a stick.

JOHN PITT sworn.

I am servant to Mr. Akerman; I saw the prisoner come up to the prison gate just after Mr. Akerman's house was broke open. While the mob were burning the goods he reached his hand over with the key in it, and said, D - n your eyes, here is the key of Newgate, open the door. I refused to open the door. He went down and I did not see him afterwards.

Jury. Where were the keys kept? - In my master's house.

Are you certain it was the prisoner? - I am positive to the prisoner.

Can you guess what time in the evening this was? - I believe between seven and eight o'clock, it was just after they begun burning the goods, but I cannot speak exactly to the time.

Cross Examination.

This was a very terrible night? - Very terrible.

You was of course a good deal alarmed and agitated? - Yes, we were.

There were a great number of people? - A great number.

You never saw the prisoner before in your life? - I cannot say that I did.

A person came up and said here are the keys of Newgate? - The prisoner came up with one single key, the main key of the gate.

Were these keys thrown out, or how did they get at them? - I cannot say how they were got out of Mr. Akerman's house.

Did the prisoner do any thing else? - No, he demanded the gates to be open; he said he had got the keys of Newgate and he would have the prisoners out.

Jury. Were the gates opened afterwards? - Yes, between eleven and twelve o'clock we opened them; the prisoners were all out then. We opened them to get out ourselves.

- CLARKE, Esq. sworn.

You are in the commission of the peace? - I am.

You are one of the magistrates whom the prisoner was brought before to be examined? - I was. The prisoner on the first examination was committed solely on account of what passed respecting his having the keys of Newgate. On his second examination the other matters came out relative to what the prisoner said. As to the keys, as far as my memory will serve, he said, he picked them up. He said when he found them to be keys of consequence, he went to Westminster Bridge and flung them into the Thames. I then mentioned to him that I thought that was acting exceedingly wrong, because the reason he gave for flinging them into the Thames was the very reason why he should have kept them, for he might make the parties they belonged to very uneasy on account of the loss of them. He did not say much to that. I asked him whereabouts he threw them in, and whether he threw them in together or singly; I think he said he threw them through the ballus-trades on the right-hand side into the middle of the stream, and he thought that they fell singly. There was a talk of endeavouring to find them, but I believe they have never been found.

Mr. RICHARD AKERMAN sworn.

How many sets have you of the keys of Newgate? - We generally have two of the main great keys; I kept one of them locked up in a bureau, in my one-pair-of-stairs room.

PRISONER's DEFENCE.

Curiosity led me as many other spectators to Newgate, hearing there was a riot there. I found these keys in the street. I did not offer to do any mischief, nor to destroy any thing.

For the Prisoner.

MARY CONSORT sworn.

Do you know the prisoner? - Yes, he lies in the house where I live.

When did he go out in the morning of the 6th of June? - I cannot say.

He was not out at day break? - No; he generally gets up between eight and nine o'clock.

Cross Examination.

What time did he go out that morning? - About that time I suppose; I do not know.

Did you see him go out? - I just got a sight of him.

Did you see him over night? - Yes, he went into the coffee-room, and had some rum and water, and then went to bed.

SAMUEL SHEEN sworn.

I believe you saw Mockford on the evening that Newgate was burnt? - I did. I met him in the Old Bailey about nine o'clock.

Was he peaceable or did he appear to have any thing to do with the rioters? - Nothing that I saw; I went to look at the fire, I met him; he asked me if I came to look at the fire; I told him I did. He did not appear to have any thing to do with the rioters; he walked away with me about a quarter before ten o'clock, and left me at my lodging in Great Russel-street, Covent-garden, at about a quarter after ten o'clock, and went towards his home.

Cross Examination.

Newgate was burnt down then and the prisoners were out? - They were coming out then.

CALEB SMITH sworn.

I have known the prisoner about five years; he is a very honest, careful, sober young fellow, and a very good servant.

Sir WILLIAM MOORE sworn.

I have known the prisoner I suppose five years.

What character has he borne? - I can speak no farther of him than as the waiter who attended upon me at the tavern; he appeared to be sober, clean, and civil.

JOHN KALENDAR sworn.

I have known the prisoner these eight years; he was a fellow-servant with me; he has a very good character, he always conducted himself very well when I lived with him.

Mr. Alderman WOOLDRIGE sworn.

You was I believe, at the time the riots happened, at Newgate? - I was in the Old Bailey from eight o'clock at night till half after two in the morning. I recollect the prisoner's face and some others who made way for me as I came into the Old Bailey from Ludgate I was at the other end of the town, and heard of the fire at Newgate, I immediately drove to the Old Bailey; as soon as I came to the end of it I saw the prisoner with some other very peaceable, decent looking men. Some said that is Alderman Wooldridge. I desired them to make way for me to come up to Newgate; I remember the prisoner with others taking hold of persons who had sticks in their hands, and making way for me to come up to the prison. Some of the mob, among whom was the prisoner, Desired me to ask the keepers if the rioters were out, that the engine might play against the building. I said I will ask that question and will give you such information as I receive. Then the prisoner called out, Let the engines play, let the engines play against the building. The prisoner and some other men, whose faces I knew, were the persons who made way for me up to Newgate, and walked before me up to the prison door.

Court. Let me understand you about the enquiry for the engines to play? - One of them, I believe the prisoner, called out That is Alderman Wooldridge, and desired they would make way for me. When I got facing the door of the lodge of Newgate, the prisoner with some others who had conducted me up to the gate, desired the mob to suffer the engines to play.

They made some enquiry about the rioters being out? - When those persons were conducting me to the prison door, there was a general voice, Let the Alderman go and desire to know whether the rioters are out. I understood by that, that they wanted to know whether the persons were in Newgate; I promised the mob I would go in and come out again, and give them a fair answer; upon that the prisoner with two or three others said that if I would go in they would guard the door (the door at that time was fast) and see that no mischief should happen to me.

The purpose you were to go in for was to enquire if the rioters were out? - Exactly so. Whilst I stood upon the steps, before the turnkey had opened the door, I heard the prisoners with some others cry out for the engines to play, and they did so before I went in.

This was before you brought out any answer whether the rioters were out? - It was before I brought out any answer. I went in; the prisoner with others called out, let the engines play. I only desired the mob to suffer the engines to play that I might go in. In the course of eight or ten minutes I came out again and stood upon the steps of the door and told them that the rioters were all out; in the mean time I desired Pitt to secure the arms in the right hand of the lodge before I would I suffer the door to be opened. When I came the prisoner at the bar with others was standing on the steps telling them the rioters were out I saw the prisoner and the party that conducted me up going quietly away. That is all I know.

Counsel for the Prisoner. Mr. Alderman Wooldridge, I did not want this long story, I only meant to ask one single question, did you at all see the prisoner active or doing any thing in the mob? - If I have not declared the contrary, I do not know what I have said; for I have said that he was a peaceable person, who made way for me through the mob up to the door, and protected me while I was there; I thought him the most peaceable spectator that was there. I shall never think any story too long in any information that I can give for a man in his situation, nor too tedious for a court to hear.

PHILIP TOWNSEND sworn.

I have known the prisoner six years; he has born an extraordinary good character. When his late master left the coffee-house, I meant to make application for him, being a favourite, to continue the business; several gentlemen offered 600 l. a piece for him to continue the tavern.

JOHN DICKERS sworn.

I have known him eighteen or nineteen years; he has an exceeding good character.

Mr. THOMAS HILT sworn.

I live at Brighthelmstone. I have known the prisoner from a boy, but these last three years I have not had much knowledge of him from that time to this summer; he was a servant in the house I am partner in; I thought him a very good character, or I should not have kept him a servant three summers.

Mr. CREASER sworn.

I have known him three or four years. I live in Soho-square. He has an unexceptionable character, to my knowledge, from the masters he has served, and from a respectable person. I have known him long; he has borne an unexceptionable character.

Mr. WOOD sworn.

I have known him four or five years; he has a most unexceptionable character.

JOSEPH WEADEN sworn.

I have known him by going backwards and forwards two or three years. He has a very good character by all account.

THOMAS LAW sworn.

I have known him six years; he bore a very good character, he was an exceeding good waiter, very diligent in his business, and very honest.

ROGER GILL sworn.

I keep the Star and Garter in Pall Mall: I have known him between two and three years; he has a general good character; he is spoken well of by every body who knows him.

GUILTY ( Death .)

Tried by the Second London Jury before Mr. Justice ASHHURST.

(He was humbly recommended by the Jury to his Majesty's mercy.)

397. GEORGE SIMS was indicted for that he together with five hundred other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Richard Akerman , against the form of the statute, &c.

JOHN PITT sworn.

I am servant to Mr. Akerman.

Was you at Mr. Akerman's at the time the mob came to Newgate ? - I was. On the 6th of June, at about seven o'clock at night we saw a vast concourse of people coming down to Newgate; they halloo'd Newgate a-hoy. The prisoner and some others came up to the great gate, down the Old Bailey; he swore a desperate oath that he would have the gates down; he either d - d his eyes, or d - d his blood he would have the gates down. Then they began at the gates, some with sledge hammers, and others with pick-axes; the prisoner had a large stick. I called to him because I had known him for some years; I said, Very well, George the tripe man, I shall mark you in particular. I had known him six or seven years. Then he went towards Mr. Akerman's house.

Was any mischief done to the gate or the hatch? - When they found they could not break the gate, they piled Mr. Akerman's goods up against it, and set them on fire.

Was any thing done at the hatch before you went away? - Some of the stones, part of the side of the hatch, were broken away.

You do not know then what was done to Mr. Akerman's house? - I saw the feathers fly; they had got some of Mr. Akerman's goods out, and they continued throwing them out; then they set them against the gate and set them on fire, and they would have burnt those gates down, but we kept throwing water against them to cool them, to keep the lead from melting, and letting the hinges out. Then Mr. Akerman's house was set on fire, that burnt into our fore lodge and into the chapel, and set the different wards on fire.

Are you or not sure that the prisoner is the person of whom you have been speaking? - I am positive he is the person; I know him as well as I know my own brother.

Prisoner. I beg the favour of your lordship to ask the witness the questions I have here upon a piece of paper.

Court. Let the paper be handed up to me and I will put the questions.

How long have you known the prisoner? - About seven years.

Had not you been in company with him some little time before the fire happened, in the Strand, and treated him with some punch? - I treated him with some milk punch, that was some months before; it was not in the Strand, it was in one of the bye-streets, near Clare-market.

Would you have thought him from his former behaviour a likely man to be concerned in mobs of this kind? - I have known him some time; he has always been forward in any quarrels in the streets or mobs.

At what hour were the keys of Newgate given up? - We never gave them up.

When were they demanded? - About seven o'clock they demanded them.

Was the prisoner there at the time when the keys were demanded? - He was one of the first who came up to the gate to demand their being opened.

Did you give him the key? - I gave no key.

You knew where the prisoner lived and might be found? - I did not know where he lived.

Did not you know where he carried on his business and might be found? - I knew he lived in Westminster. I met him one morning accidentally as I was going towards Clare-market.

How long after the 6th of June was it when you took him up? - I believe a week after.

Was it not nine days after? - I think it was the 15th of June when I took him up.

How came it to be so long before you apprehended him? - We were so busy that I had no time to look after him, I did not care to make any enquiry after him left he should get off. I knew we should find him.

Were you looking for him when you met him in the Strand, or was it by accident? - I was going up into St. James's-market and met him by accident.

Did you go to Westminster, or any of your friends and prevent any persons from offering bail for him? - Never.

Or say a thousand pounds would not bail him? - No, he served me with notice of bail. I showed it my master, Mr. Akerman.

When you took him up did not you know there was a reward offered? - No.

Did not you know of the king's proclamation? - I did not take him for the reward.

Did not you know there was a reward promised? - I did not know that there was for him.

Did not you know there was a reward? - I had heard of it.

Do you claim the reward? - No; I would not have any reward.

Do you disclaim any reward? - I do; I do not want any reward.

Jury. Did you mention this man as one concerned in the riot? - Yes, I did.

You say you have known him five or six years? - Yes.

Counsel for the Crown. It has already been proved that Mr. Akerman's house was demolished that night, I suppose I need not call the witnesses to prove that.

Jury. No, there is no occasion.

PRISONER's DEFENCE.

It is very unlikely that I should ask such a question of him when I knew no-body else but him in the jail. There are two other persons who remember my calling out to him though they did not know him.

Mr. RICHARD AKERMAN sworn.

Did the witness tell you any thing about the prisoner at the bar, and when? - I think it was the next day that he told me there was one man he knew very well, George the tripe-man, he called him.

WILLIAM SHEPHERD sworn.

You are a servant of Mr. Akerman? - Yes.

Was you at the main gate at the time the mob were attempting to force themselves in? - I was.

Was John Pitt there? - He was.

Did he say any thing to any person on the outside of the gate? - The mob who were assembled came to demand the keys of the jail, for the prisoners to be delivered out; he was with me.

Did Pitt say any thing to any one of the mob? - He spoke to several, so did I too.

Did he say any thing to any one in particular? - In regard to charging my memory to any thing of that sort, I cannot particularly say; I know he spoke to several at particular times, but I was backwards and forwards.

Court. You do not recollect any particular person whom he spoke to? - I saw a great many there whom I should remember again if I saw them; I believe he spoke to a grea many particular persons.

Court. Do you recollect any particular person he spoke to? - I wish to say no more than I know.

Then you do not recollect any particular person, only that he spoke to several people? - I cannot say as to any person in particular.

Jury. Did you hear him say he knew any one person in particular? - Yes.

When? - Two or three days after.

What did he say then? - He told me he new one George the tripe-man; as to his sir-name, he did not particularly mention.

Court. You say the people came up to the gate? - Yes a great many.

Did you see the prisoner there? - I cannot charge my memory, I believe I saw his face, but I cannot say positively.

Jury to Mr. Akerman. Is that man a constant attendant on the gate or only occasionally.

Mr. Akerman. There are three of them attend occasionally, they take it by turns.

BARNWELL MALE sworn.

Was you at the great gate of Newgate when the mob were endeavouring to force it? - Yes. I stood by John Pitt all the while he was there.

Did he say any thing to any one of the mob? - Yes, he said very well, you Mr. George the tripe-man, I know you very well, and I will mark you. That person was, I believe, the prisoner at the bar, though he was in another dress then than he is now.

What did the person to whom Pitt spoke do upon being so called to? - I do not know; I saw him near the great gate at the time.

Jury. Had that man any thing in his hand at that time? - I cannot say whether he had or no.

For the Prisoner.

GEORGE LACAM sworn.

Were you with the prisoner when he went to Newgate that night? - I was; it was about seven o'clock. I went with him from the end of Newgate-street; I met him at the end of Newgate-street, about seven in the evening. We stood together facing Mr. Akerman's house for, I believe, five minutes, then I missed him, but I met him again in about ten minutes after at the end of Fleet-market; I went away about a quarter after seven; I do not think I staid above a quarter of an hour in all.

What became of him after that? - I do not know, I parted with him then and wished him a good night; he was going towards Charing-cross; he crossed over directly when I bid him good night, and I did not see him again at all.

Was the street much crowded? - Very much.

How did he behave himself when you saw him opposite Mr. Akerman's house? - He behaved very quiet only just looked on as I did myself; he did not offer to throw any thing or break any windows.

You did not see him do any mischief? - No, none at all.

You met him in Newgate-street, which way was he going? - He was coming towards Newgate; I said there was a great mob; he said they were going to release the prisoners.

Had they begun to demolish Newgate when you came there? - They were thumping against the gate with a handspike; I came from Newgate-street, went down the Old Bailey, all along by Newgate, and met him again in Fleet-street.

What character has the prisoner borne since you knew him? - He lived servant with Mr. Smith, the tripe-man, in St. James's market; I know nothing bad of him, he is but a flight acquaintance of mine.

JOHN CROFTS sworn.

I know the prisoner very well; he lodges in the house of Mrs. Howell, where I lodge.

Where is Mrs. Howell to-day? - She is now very ill in bed at home, and is not able to come here; she has attended this week, and last week too.

Were you at home on the evening that Newgate was burnt? - I was.

What time? - At eight in the evening, I came from work; the prisoner came home about a quarter after eight o'clock.

How came you to recollect the time particularly? - Sometimes I work till eight, sometimes till half after eight; we have a clock upon the stairs, it was then a quarter after eight o'clock.

What became of the prisoner afterwards? - I did not see him, he went to his apartment; his room is on the same floor with mine.

You do not know whether he came down again? - No, I saw no more of him.

How do you recollect that it was that particular night? - It was on the 6th of June. I am sure it was the night that Newgate was on fire, because I heard the people talk of it.

Do you remember any thing particular that passed that evening after the prisoner came home? - I believe there might be a few words between him and his wife, as most people who are married often have, I know that case too much myself.

Was it above or below? - I cannot say whether it was above or below; I know they had words that evening, about his wife being out at work.

Do you know Sarah Davis ? - She is servant to Mr. Davis, a publican.

Does he serve your lodgings with beer? - Yes.

Did you see her there that night? - Yes, between eight and nine o'clock.

SARAH DAVIS sworn.

How old are you? - Sixteen last April. I am servant to Mr. Davis, a publican.

Do you remember the evening when New-gate was burnt down? - Yes. I carried the prisoner a pint of beer home about eight o'clock in the evening. He then paid me for that pint, and a pot he had at dinner.

(The prisoner called Abraham Wilkinson who had known him eighteen months; Ann Hind , who had known him two years and an half; David Davis , between two and three years; Aaaron Lawton, a twelvemonth; Anthony Free , two or three years; and John Pilkinton , who all gave him a good character.)

To Larcher. What time did you see the prisoner in the Old Bailey, and the corner of Newgate-street? - I believe it was about seven o'clock when I first saw him; I parted with him about a quarter after.

NOT GUILTY .

Tried by the First London Jury before Mr. RECORDER.

398. JOHN GLOVER was indicted for that they together with five hundred other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Richard Akerman , against the statute, &c.

WILLIAM SHEPPARD sworn.

I am one of Mr. Akerman's servants. I was at the main gate of the prison on Tuesday night, the 6th of June, when Mr. Akerman's house and the jail were attacked. At about seven o'clock in the evening the mob assembled in a very riotous manner armed with different kinds of things, bludgeons and pickaxes. At about eight o'clock in the evening, I believe it was, I saw the prisoner or rather before eight o'clock, at the main gate of the prison; I saw him through the chequers of the gate; he was very busily employed with the rest. He was not the first person who came up with the pick-ax to the gate, but he assisted with a pick-ax; there is a main gate goes over the lattice; he was not the first person who began at that gate, but I saw him there afterwards.

Describe particularly what you saw him do? - He took one of the pick-axes out of one of the men's hands, who had been employed at it before, and tried at it himself; there were others afterwards employed in the same way, but after all they could not penetrate the gate so as to get in. Mr. Akerman's goods being thrown into the street, when they found they could not get in by the pickaxes, and other tools, which they had, they placed Mr. Akerman's things up against the gate and set fire to them. I saw the prisoner employed four or five times in piling up the things; we endeavoured to throw them down with broomsticks, and to quench the fire with water.

Was the gate actually set on fire? - Several times, it might as far as I know be nine or ten times attempted.

How far was the prisoner from you? - Not above a yard or a yard and a half from me.

How long had you an opportunity of observing his person? - I observed his person as near as I can recollect from between seven and eight o'clock till near ten.

Are you able to say that is or not the man or have you any doubt about it? - I have no doubt about it, for I saw him both by day-light and fire-light.

Cross Examination.

You are one of the turnkey's? - I am.

How long have you been in that employment? - I cannot say particularly, five or six months, under or over.

What was you before? - Turnkey at New Prison till my master died.

Where was you before that? - I belonged to Bedlam Hospital.

This man had a pick-ax? - Yes.

All the time you saw him? - I cannot say all the time, he and others tried to break the lattice of the left hand gate to break in.

You say he got a bromestick afterwards? - No, I got a broomstick; I believe he might have something else at first in his hand, but he took the pick-ax in his hand at the gate.

He was not above a yard from you? - I said not above a yard and an half from me.

You speak now of the time the prisoner was a yard and an half from you at the time the things were on fire at the door? - Yes.

Was not the fire between you and the prisoner? - No; he was between me and the fire when he came up on the steps.

He piled up the wood at the door of the prison to set it on fire? - Yes.

We heard of an iron bar some time ago? - They were armed with different kind of weapons.

Have not you said the prisoner had an iron bar? - I said a pick ax.

Have not you said at other places he had an iron bar? - No, I did not say so; there was something mentioned of a gun barrel before the magistrate.

You said so? - From my fellow servant saying so.

Did you say any thing before the magistrate of the pick-ax? - It was mentioned there.

I ask you if you mentioned it, did you Sheppard before the justice of peace say that this prisoner at the bar had a pick-ax in his hand? - Yes, I believe I did say so.

Did you mention a gun-barrel? - No.

I heard there was a gun-barrel at Mr. Akerman's door.

By who? - Mr. Lee I believe.

Have you been out of England? - I have been in Yorkshire; I have never been but at the Isle of White.

You have never been in a country where Blacks are the inhabitants? - No.

Then you are only accustomed to see Blacks by accident as I am, where was you when you saw the prisoner by day-light? - At the gate of the prison; I was at the gate from morning till night. I saw several Blacks and Tawnies on the 8th or 9th of June. I heard there were a number of persons taken up who were in the Poultry-Compter; I went to see if there were any who had escaped from Newgate. I saw the prisoner, I said to my fellow servant that is the man who set fire to our gate.

Did you speak to the prisoner then? - No.

I asked him afterwards whether he knew me? He said he did not.

Did not the prisoner say in your hearing he had a gun-barrel in his hand? - No, he did not; I might hear the latter part, but I do not think I did.

You cannot remember what passed two or three days ago, yet you are come to swear to the person of a Black you saw by candlelight? - He is not dressed now as he was then but I know his face perfectly well.

Court. Did you see more than one or two Blacks in the riot? - Yes; there were more than one.

When he was examined before the Lord Mayor you went to give evidence against him? - I did.

Did you tell the Lord Mayor every thing you remembered which you thought material? - Yes; to all the questions which were asked me.

Were you not asked to tell all you knew? - I do not know that; I did tell all I knew at that time.

Did not you know it was your duty to tell the magistrate all you knew upon the subject? - Certainly.

Why did not you tell all you knew? - I told all the questions that were put to me, as far as I knew.

Was not you asked about the prisoner and what you had see him do? - Certainly.

Did you tell the magistrate that the prisoner took a pick-ax out of another man's hand? - To the best of my knowledge I mentioned it.

Is it true what you have said, now did you see the man take the pick-ax out of another man's hand? - It is true.

WILLIAM LEE sworn.

I am a servant of Mr. Akerman; I was in the hall at the great gate when the mob came, which was about seven o'clock, but the gate was not attacked at that time. When it was attacked I was at the debtors gate.

Did you see the prisoner in the course of that night? - Yes, but he was dressed in a rough short jacket, and had a round hat with dirty silver lace upon it. It was very near nine o'clock. When I saw him he was standing on the steps, thumping with somewhat, but I do not know what, against the gate, another man was chopping at it with a hatchet, which split it, and some pieces fell off. I was not half a yard from him at the time I was in the street; I suppose I staid five minutes at that time. I saw him at the Poultry Compter on the 8th or 9th of June, I believe. My master sent us to see if we knew any of the persons who were taken up. I saw the prisoner; I asked him how he came to behave in that manner with the iron bar? He said No it was not an iron bar, it was his master's gun-barrel. I am positive he is the man.

Cross Examination.

How many years have you been in this employment at Newgate? - About six years.

Was you ever out of this country? - Yes, I have been in Holland.

You was never any farther than that? - No.

You never saw this man above five minutes? - No.

You was but half a yard from him, and yet you could not discern what was in his hand? - No, there was such a mob, and I was a little terrified.

Is it very easy to know a Black? - I do not think he is a Black.

Did you ever see him before? - No.

Yet you could positively swear to him in the Compter? - Yes; I looked at him sometime in the Compter before I swore to him.

What time of day did you see him in the Compter? - In the forenoon.

The prisoner said very true that it was not an iron bar but a gun-barrel? - Yes.

You do not mean to make the jury believe that he said it was a gun-barrel he was thumping at the door with? - He said it was not an iron bar but his master's gun-barrel that he was there with.

You alter it every time, you said just now he said it was not an iron bar but his master's gun-barrel he was there with, now you leave out was there with? - I know he was there at the time.

Jury. Was the man in the Compter pointed out to you? - Not at all.

Did you see the prisoner any time in the day on Tuesday? - No not till eight o'clock.

Did not you say you saw him in the day? - I did not.

CHARLES BURKITT sworn.

I am a servant of Mr. Akerman; when the prison was attacked I was inside the press-yard; I saw the prisoner at nine o'clock, as near as I can guess, upon the steps which lead to the felons gate, which is the main gate; I observed him have, as I thought, an iron bar in his hand, which was afterwards confessed to be a gun-barrel; I looked through the lattice of the gate; he attempted to poke it in my fac. They said, D - n you, open the gate and let the prisoners out or we will burn Newgate down. I saw him again, about half an hour after, in the same place; there was then same fire before the gate, and with the instrument he had in his hand he pushed the fire against the gate in order to burn it.

How many days was it after this before you saw him again? - I think it was on Thursday the 8th. I then saw him in the Compter; I saw him through the gate. I said, that is the man who burnt the gate down.

Did you see any other Black there? - This I call a copper coloured person; I saw a different kind of Black; I spoke to him; I said, Friend, you are not in the situation you was in upon the steps of Newgate with an iron bar in your hand. He said no, it was not an iron bar it was his master's gun barrel.

Who was present? - Richard Hilliard .

Cross Examination.

This is the same gate Sheppard was at? - Yes; Sheppard was backwards and forwards throwing water to cool the fire.

Sheppard was at the same gate you was and employed in the same way? - He was.

It was quite dark, only the light that came from the fire at this time? - It was not very dark at that time of night.

Was there not a vast glare of light? - Yes; between nine and ten o'clock the gate was opened by the desire of Mr. Alderman Wooldridge; then I was close to him; I had a perfect view of him.

When did you see him on Thursday? - Between ten and eleven o'clock.

Was Lee with you? - Yes.

Court. What did you say when Mr. Alderman wooldridge was there? - He stood close to the gate when I opened it; I had a perfect view of him.

You would not have known this was a gun-barrel if the prisoner had not told you so himself? - I imagined by the sound against the gate that it was an iron bar.

Had he it when you opened the gate to Alderman Wooldridge? - Yes.

RICHARD HILLIARD sworn.

I am servant to Mr. West the keeper of the Poultry-Compter. We had a matter of a hundred prisoners brought in; Mr. Akerman's three servants came to see if they knew any of them; they went in; they pitched upon this Black before they had been there five minutes; some words arose between Burkitt and him about an iron bar; all the answer I heard the prisoner make was, it was not an iron bar but his master's gun barrel.

Cross Examination.

What time was the prisoner committed? - I do not know; if I had known I should have been called I would have brought my master's books.

- WEST sworn.

I am keeper of the Poultry Compter; it was on Friday the prisoner declared to his aster, in my hearing, that it was a gun-barrel; and that he took it out of his apartment.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

- SAVILLE sworn.

I am a watch-maker, and live in a court on Snow-hill.

Did you make any observation on the mob on Tuesday night as they came this way? - I did; about seven o'clock on Tuesday evenning, I think it was the 6th of June, I had heard the mob were determined to destroy Newgate. I heard the mob coming in a very formidable manner. I came upon Snow-hill and stood upon the kirb-stone, within half a yard of some of the mob, as they passed by to the amount, I believe, of five hundred.

Whether you saw any Black in that mob? - I did; a very remarkable person; I should know him ten years hence if I saw him.

Was he very active? - Yes, he had something which seemed to be the spoke of a wheel.

Do you think the prisoner is the man? - I do not; a gentleman told me his black servant was taken up; he desired me to go and see if the man in the Compter was the man I saw. I went and saw him, and am very certain it was not the prisoner.

If there was any other Black in the mob is it not probable you must have seen him? - Many of the mob had passed before I came out; I did not see any other; I saw the Black afterwards, who passed me, upon the top of Mr. Akerman's house, very active.

Cross Examination.

Do you mean to say there was but one Black in the mob? - I saw but one.

Court. Did you go to Newgate? - I did, about a quarter after seven o'clock; then I saw the Black there whom I had seen before; he had a piece of linen shaking out of the window of the one-pair-of-stairs; I was opposite Mr. Akerman's house.

He had something which looked like the spoke of a coach wheel, you could not see at that distance that it was the spoke of a coach wheel? - To the best of my knowledge it was.

JAMES M'MAHON sworn.

You are in the army? - I am.

Was you in the neighbourhood the night Newgate was destroyed by the mob? - I was on Snow-hill, within a few yards of St. Sepulchre's Church; as soon as the men with the pick-axes passed me, a Black came by me; he had a bludgeon in his hand, like the spoke of a coach wheel; he passed me smiling; he struck the ground with his stick and said, Now Newgate. As soon as I heard that a Black was taken I went into the Poultry-Compter to see if it was the same, but it was a different person.

They went directly to Newgate? - Yes.

Did you see any other Black? - No.

If there had been another do you think you could have distinguished him? - Very easily.

- PHILLIPS Esq. sworn.

The prisoner at the bar was my servant. He was ordered go to from my house in Westminster, to my chambers in Lincoln's-Inn to bring a drawer with some papers; he was ordered to bring every thing away but the heavy articles.

Was there any gun barrel? - Yes, with neither lock nor stock, it had been tried and had burst.

How long has the prisoner lived with you? - About twelve years; he was a quiet, sober, honest servant.

Had he any opportunities of being connected in any respect with these rioters, had he been out in the course of the day? - I believe, he had not indeed. I have trusted him with large sums of money.

It was in the evening he was sent for these things? - He left Westminster, I believe, about four o'clock in the evening to execute these orders.

This gun-barrel was in the chambers at the time? - Yes, I believe it was.

Cross Examination.

What time did he return? - He has never returned since.

GUILTY ( Death .)

Tried by the First London Jury before Mr. RECORDER.

399. JAMES KINGSNOOTH was indicted for that he together with five hundred other persons and more, unlawfully, riotously, and tumultuously did assemble on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Richard Akerman , against the form of the statute, &c.

(The counsel for the crown did not call any witnesses in support of this indictment.)

NOT GUILTY .

400. RICHARD WILSON was indicted for stealing a wooden cask, value 12 d. and two gallons of raspberry brandy, value 8 s. the property of Thomas Langdale , June 7th .

STEPHEN BROOM sworn.

I am a watch-maker. On Wednesday evening the 7th of June, at a little after seven o'clock, I was going towards Newgate-street; the mob were then destroying Mr. Langdale's house; I saw the prisoner come out of Mr. Langdale's with a two-gallon keg; he went towards Field-lane with it, and I saw no more of it.

Did you know him before? - Yes, he sells garden-stuff about the streets ; I have seen him several times; I am quite sure he is the man.

WILLIAM HOGGARD sworn.

I know the prisoner; I saw him at the Golden Anchor at the corner of some street on Saffron-hill, on the Wednesday evening that Mr. Langdale's house was destroyed, at about seven o'clock; he had a keg of raspberry brandy on his shoulder. I was in the house drinking a pint of beer; he insisted on my coming out and drinking some of it; I drank about a quartern.

Did you ask him where it came from? - No.

JOHN SEABROOK sworn.

On Wednesday the 7th of June, while I was sitting at the Golden Anchor door, Saffron-hill, the prisoner came by with a keg, what was in it I cannot tell, he dropped it out of his hand, and swore an oath and said Mr. Langdale owed him twenty pounds, and he was obliged to take that in part. He seemed very drunk; he dropped it at the door.

PRISONER's DEFENCE.

I have plenty of friends to my character. I never was in Mr. Langdale's house; I was coming along; there was a great mob at the house, they said, d - n your eyes, no Popery, no Popery, where is your cockade? I had no cockade in my hat; a man gave me this cask; I did not know what was in it.

For the Prisoner.

JOHN KAYSER sworn.

I live in Turnmill-street. I sent for the prisoner about eight o'clock, or a little after, on the Wednesday night, to assist me, because the next house was threatened to be set on fire; he came without his coat and stockings, and staid all night till ten o'clock next morning.

Cross Examination.

He came without his shoes or stockings? - Without his stockings, he had been in bed.

Was he in liquor? - No.

(The prisoner called four other witnesses who gave him a good character.)

GUILTY . Imp. 12 months .

Tried by the First London Jury before Mr. RECORDER.

401. SOPHIA OWEN was indicted for stealing a pair of linen sheets, value 8 s. and a child's linen frock, value 2 s. the property of William Tugwell , June 30th .

- TUGWELL sworn.

I am the wife of William Tugwell ; we lodge in Stone-cutter-street, Fleet-market . Last Friday I went out to the next door for about five minutes; when I returned I met the prisoner on the steps with the things mentioned in the indictment in her apron. I stopped her, and asked her what she had got in her apron? she said her sister's clothes. I desired to look at them. I found my child's frock and a pair of linen sheets in her apron. I charged the constable with her.

( William Wilson , the constable, produced the sheets and frock, and they were deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I was very much in liquor; I did not know the next morning what I was in custody for.

GUILTY . Imprisoned 6 months .

Tried by the First London Jury before Mr. RECORDER.

402. THOMAS LEWIS was indicted for that he, together with twenty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 2d of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Joseph Francis Lavana , commonly called Count Haslang , against the form of the statute, &c.

(The counsel for the crown informed the court that they had but one witness whose testimoney could affect the prisoner, and that witness's credit having been impeached on a former trial, they would not produce him in support of this indictment.)

NOT GUILTY .

403. ABRAHAM DAVIS was indicted for that he, together with thirty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of George Beckett , against the form of the statute, &c.

GEORGE BECKETT sworn.

I am a cabinet-maker , in Crown-court, Grub-street . My house was attacked, between four and five o'clock in the afternoon of Wednesday the 7th of June. I was in my garret. I heard a tumultuous noise; I ran down stairs; the first person I saw coming in at the door with that multitude was the prisoner at the bar; he had a bludgeon or stick in his hand, with which I saw him break the windows; he was the next person to me. I went out of the house and left him breaking the windows; and I saw no more of him. The mob demolished the furniture; they broke the closets and shelves down.

Did they break down the wainscoting? - The house has very little wainscoting in it; what there was they demolished.

Did you ever see the prisoner before? - No. I saw the prisoner again on Wednesday the 26th; I was coming home from Old-street; he was in White-Cross-street with a pea-cart; I immediately knew him again; he is so remarkable I could not mistake him; I am sure he is the man.

Did you mention that to any body before? - I mentioned it in my own family that one person struck me more than the rest.

PRISONER's DEFENCE.

The prosecutor swears I broke the windows I have but two fingers; I have persons to prove that I was at the Fleet prison from two till six o'clock.

For the Prisoner.

WILLIAM WILLIAMS sworn.

I keep an eating house in Grub-street; my father employed the prisoner to bring his goods from the Fleet; my father is in the Fleet; he came home and desired me to get some body to help to move his goods, as the Fleet was threatened to be set on fire. I went up to White Cross-street and got a cart. The prisoner was asleep in the stable; I waked him; that was a little before two o'clock.

What stables were they; - I do not know the name of the stables; there is a box maker at the corner of the yard. I drove the cart and he rode within side to Fleet-lane; it is a little potatoe cart.

Was the cart his? - Whether it was his or his master's I do not know; he mounted the cart while I went into the Fleet and helped to bring the goods down; when we had loaded the cart and came from it, it was past six o'clock; I believe the mob were then breaking Mr. Langdale's windows, because as we came to the top of the market we saw two men on the leads.

How far is Grub-street from the Fleet? - About a quarter of a mile.

Was he with you all the time? - Yes; from before two till almost seven o'clock; then I unloaded the cart.

Was you acquainted with him before? - No; my father bespoke the cart, and I went a little before two for it.

Cross Examination.

What evening was this? - Wednesday evening; the same evening the Fleet was on fire.

PATRICK WILLIAMS sworn.

I was a prisoner at the Fleet; on the Wednesday when this happened I was afraid of losing my little property; I ran to my children who were able to help me. I met my son William. I said come down and help me, as the Fleet is threatened to be set on fire; that was rather before twelve o'clock. I told him I had spoke to a man who keeps a little cart. I went back to pack up my things as fast as I could; about an hour or two after my two sons William and Thomas came; they helped to lead the things into the cart; I knew nothing of the prisoner before, only he was employed to carry my goods; he is a carman; he was employed from two o'clock. I did not get out of the Fleet till near six o'clock; I walked along by the cart all the way; the cart, I believe, belongs to one Armston; I know nothing of the prisoner; I spoke to Armston for the cart.

ANN ROWLAND sworn.

I saw the prisoner bring the goods from Mr. Williams's house on Wednesday the 7th of this month between six and seven in the evening.

Counsel for the Crown. There is so much doubt in this case that I desire the prosecution may proceed no farther.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice NARES.

404. DAVID EVANS was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 6th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of the Right Honourable William Earl of Mansfield , against the form of the statute, &c.

THOMAS PARKER , Esq. sworn.

You are in the commission of the peace for the county of Middlesex? - I am. I went to Bloomsbury-square about three o'clock in the morning; the mob was very violent. I read the riot act at about half after three; I saw the prisoner with people, some of whom had bottles and bowls of liquor, which I imagined they got from Lord Mansfield's house, endeavouring to make the soldiers drunk; the mob was very violent; in order to keep them off from the soldiers it was thought necessary to order the soldiers to charge their bayonets; the men were drawn up from the corner of the iron rails which surrounded the grass, to the Duke of Bedford's wall; the prisoner was then with other people near the watch-house; the mob were very troublesome, and endeavoured to force the lines, but they were repulsed by the soldiers. I then went up to the prisoner and spoke to him, knowing the livery; I saw he was in liquor; I desired him to go home, and told him I was very certain Sir Thomas Sewell would be very angry at a servant of his for appearing in such a riot. He attempted to break through the rank a second time after that, whether he succeeded or not I cannot say. It was not his way home to break through the ranks, because his way home was either by the Archbishop of York's house, or he might have gone down a little street which comes from Southampton-row, and King-street.

Could he have gone by the archbishop's house? - Yes, that was left open. After I had done that I went to the Secretary of State's office, and saw Mr. Frazier; I told Mr. Frazier I was very sorry that there were so many servants concerned in that riot, amongst which I mentioned that I had seen a servant of Sir Thomas Sewell's.

What was the part which the prisoner seemed to take? - He seemed to be animating the mob.

During the time you saw the prisoner there, what were the rest of the mob doing? - Behaving very violent, ballooing, crying No Popery! throwing stones and glass bottles. One of the privates of the guards was wounded exceedingly, and Mr. Lowton was wounded with a glass bottle; the mob were then pulling down Lord Mansfield's house and burning the furniture.

Cross Examination.

The prisoner was in liquor? - Yes.

He had no arms nor any weapon with him? - I did not see him have any.

Captain BARNET sworn.

I was detached to Bloomsbury-square about ten o'clock; I remained there till five in the morning.

Do you remember at any time in the course of that night or morning seeing the prisoner, David Evans ? - I do; I first saw him at half past one.

Did you observe him doing or saying any thing? - Not doing any thing, but talking much with other servants. There was a servant with him who was extremely insolent to me, and was abusing the guard.

How long do you think you saw the prisoner there? - I saw him there from half past one till five.

Had you occasion to observe his conduct at any other time? - Not particularly till the morning, when he attempted to pass the guard, and was told by them that he could not pass that way, he remained some time in front of the guard, then he forced his way through. Mr. Parker told him He knew his master and desired him to go about his business. Colonel Woodford , who was commanding officer at that time, and came with a detachment to assist me, said if he did not go on immediately about his business, he would take him into custody. I did not see him afterwards.

Cross Examination.

It was another person who was so abusive? - Yes.

He was outside the guard the whole time? - He was continually passing and re-passing my guard during the whole time, and he once came up and spoke to the serjeant of the guard; I told him to go away from the guard.

- ESCOURT sworn.

I was at Lord Mansfield's at about two o'clock; and I was there at three o'clock, and from then till between five and six in the morning. I was there when Mr. Parker came with a party of guards. Mr. Parker appointed me a constable; I remained there till between five and six in the morning, when the whole business was over. After the soldiers had fired between five and six o'clock, I think it was past five, I was called to by some of the people as a peace officer; they said, Sir, here is a servant making a great riot, I wish you would come and speak to him. The prisoner was then near the rails which surround the square on that side of the line of soldiers which came from the Duke of Bedford's wall to the rails; I went and told him I knew him very well, and I knew his master Sir Thomas Sewell . I advised him to go home, or I must take him into custody. He recollected me; he made no answer nor did I stay there any longer; I turned about and never saw him after.

At what time was that? - After the soldiers had fired; it was about five o'clock, I believe.

Court. Had you observed him before the people told you there was a servant very troublesome? - No, I had not seen him.

Cross Examination.

Then he went home? - I do not know; I saw no more of him.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

Mr. CRAGGS sworn.

I am an officer belonging to the Master of the Rolls. The prisoner has lived servant with Sir Thomas Sewell ever since December. He came from Mr. Clare; I enquired his character of Mr. Clare; he gave him such a character as induced the Master of the Rolls to take him. He lived with Sir Thomas till he was taken up. I never heard any other than his behaving very decently and properly from every thing I have heard from Lady Sewell and the family; he is a decent, orderly servant.

Do you know that he went to see a lady from the house that night? - I do not live in the family; I have heard so.

Mr. CLARE sworn.

The prisoner lived with me twelve months; he was very diligent in his business; he kept very much at home. He was a sober orderly man, and a good servant; I had a very good character of him from his last place; they parted with him because they were going to live in the country. I did not give him warning, he gave me warning and left me to go to a better place.

Mr. Parker. Lady Sewell had such an opinion of him, as Captain Sibthorpe informed me, that she put great confidence in him; Captain Siothorpe gave that account, he is now in the country.

Mr. MAY sworn.

I have known him four or five years; he is a sober, honest, peaceable man; he lived servant with a relation of mine two years and an half, who always spoke exceeding handsome of him.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice NARES.

405. GEORGE SIMPSON was indicted for that he did unlawfully, maliciously, wilfully, and feloniously set fire to the dwelling-house of Victor Amada de la Tour , commonly called Marquis de Cordon .

2d Count. For setting fire to an out-house.

3d Count. For setting fire to the house generally, June 2d .

JOHN ROGERS sworn.

I am a brick-maker, and live in Coffin-court. I came by the Sardinian ambassador's house between eleven and twelve o'clock. The chapel is in Duke-street , the house is in Lincoln's-Inn-fields. I heard a noise in Duke-street; coming along I saw a fire in the street. I came and stood at the east end of the chapel to look, as other spectators did; I saw several people and the prisoner bringing out books, benches, and the lining of the chapel, and other things, and throwing them upon the fire.

Did you know the prisoner before? - I never saw him to my knowledge before that night.

Are you sure it is he? - Yes. I stood by some stables facing the chapel door; the prisoner came up to me, laid hold of me by the collar, and said, D - n your eyes, or blast your eyes, where are your colours!

What did he mean by your colours? - My not having a cockade in my hat I suppose. I told him I had seen Lord Mountmorres in trouble in Parliament-street, that I offered him my cockade, and his lordship desired me to give it to his coachman, as somebody else had given him one, which I accordingly did; I threw the prisoner over my leg and threw him down; I begged his pardon; then he left me and went to the fire; he took up five pieces of board, about the length of my arm, which were on fire, and set them against the right-hand door-post going into the eastern door, immediately after that the door-post was on fire. It was then reported that the military were coming.

Court. You do not know for certain that the fire was occasioned by the boards he set there? - It was not on fire before he set the boards there, but I saw the post burning afterwards. When it was reported that the military were coming, the people who were spectators absconded, and I absconded myself.

How long do you think you was there? - I had not my watch. I am sure I was not there a quarter of an hour.

How soon after was the prisoner taken? - I do not know; he was in custody soon after before the Lord-mayor for a misdemeanour, and was discharged.

Are you able to say from your observation of his person that he is the man? - Yes, he had a cut in his coat; he has not the same coat on now. I wrote a letter to Lord Hilisborough when things were settled and they began to take up people, describing the prisoner. I took him to be a shoemaker or blacksmith, by the long apron he had on. I sent the letter about the 11th or 12th day of the month.

Was you the first who gave information of him? - I cannot say, I told the constable if he saw such a person to take him.

Was it on your information he was taken up? - I believe it was; I got a party of soldiers, and he was taken to the London Hospital.

Did you know of any reward at that time? - No, I did not know of it till I heard it mentioned by Mr. Chetham here. I wrote to Lord Hillsborough that I wanted no see or reward.

Do you claim the reward? - No, I never shall; I do not want the reward.

Cross Examination.

What business are you? - A brick maker.

Do you follow that business? - Yes, on my stock; I have not made any this year; I made five thousand last year.

You was going accidentally by, and stood at the stable opposite? - Yes.

There was I suppose a great quantity of people? - No great quantity of people, there were several there.

You never saw the prisoner before? - I never say him before excepting twice. When he was taken up for setting fire to this place, I happened to be mentioning it to this constable.

Did you see a great number of boys and lads there? - Yes, and some men.

How came you to observe this man in particular? - I should not have taken notice of him if he had not come up and taken me by the collar. I took notice when I threw him over my legs that he had bandy legs.

He was taken up for some offence? - By Mr. Langdale's clerk I believe, but I did not know he was taken up.

How long was it before you charged him with this after you had found out the man? - I had information from the master he served his time with, where he was. When I found where he was I went to Mr. Alderman Wilkes; I got a party of soldiers and took him.

Court. How came you to find him out? - I was in a publick-house describing him, particularly to a constable, his size, his clothes and his legs, if he met with such a man to secure him, and send to me, and I would appear against him, for his impudence in collaring me. There were two persons sitting in a box, one said, that is our George. I did not take any notice only hearing him say it is our George, till the Monday following, then I happened to be in the house again about the hour of four o'clock, drinking a pint of porter; his master who was in the house on the Thursday before, happened to come in; he said he never heard a man describe another so near in his life as I described his servant. I asked him if he knew the man? He said yes, he served part of his time with him. I asked him where he was? He said there was no occasion to enquire, for he was far enough from here now, for he had been in prison and been discharged, and was far enough off by this time. With that I asked him if he had worked for him lately? He said no, the last place he worked at was for a widow in Shoe-lane, who was now married again. I enquired there for the prisoner, describing his person; she said his name was George Simpson , but he had been in prison, and was discharged, and she and her husband were not willing to discover where he was to be found. The next morning as her husband and I were going together to Mr. Alderman Wilkes, we happened to meet Mr. Wilkes in the street; I told Mr. Wilkes the whole affair; he granted me a warrant, and I got a guard of soldiers and took him up.

Jury. Was it not dark when you saw the prisoner first? - It could not be dark when there was a fire for the length of this sessions house.

He had a long apron on? - Yes.

How do you know he had crooked legs? - By throwing him down over my leg.

JOHN GOODRIDGE sworn.

I am a carpenter, in Shoe-lane; the prisoner lodged with me three months; on Friday night the 2d of June he left my house about nine in the evening and was not at home again till the next morning; I saw him the next morning between eight and nine o'clock. I asked him, George, where have you been all night? He said, Master I have been to the fire. I said George, you had better been at your work, or sitting for your work, and not lie out of my house. I asked what fire? He said, at the Danish ambassador's; he said, D - n my eyes, master, we have burnt it down, we have had fine fun! and then he said he would go home to bed; he said, if you live two or three days longer you will see half London on fire. He went home and went to bed; he lay till two or three o'clock in the afternoon; he got up again, and did a little work till about seven; he said he was so ill he could not do any more that night, but if I chose he would do a little in the morning to make his work up, which he did; he had some roll and tea for breakfast and went to bed on Sunday all day; on the Sunday night he came out about eight or nine o'clock; he said he would go out and get him something to drink and go to bed, which he did.

Cross Examination.

What are you? - A carpenter.

What is he? - A shoe-maker.

He worked for you? - Yes; I carried on both businesses.

This conversation happened on the 3d? - Yes.

Did not this strike you as a very wicked thing? - It did very much.

Did not you go to an alderman directly? - No, because it was only his words; I did not then, I did afterwards.

Then you went and gave him a good character? - No, we were afraid he had been concerned in oivers robberies.

When he was taken up why did not you tell the alderman this? - I thou ght it did not signify as it was only his words.

Can you read? - Yes.

You heard there was a reward before he was taken up? - No.

Did not you read it? - No.

The first time he was taken up he was discharged? - Yes; he was taken up for picking a gentleman's pocket; they asked if I was his master? I said yes.

Did he keep good hours? - No; and because I was his master he was discharged; that was all I was asked.

You live in Shoe-lane? - Yes.

How long have you lived there? - A twelvemonth.

He lay at your house? - Only one night after this.

How came you not to get rid of him? - At this time I was afraid of apprehending him.

Are you and your man upon an equal footing? - No.

He came and told you he had done this, and meant to burn down half London? - Yes; he told me this publickly in the street, but a few yards from the door.

Who heard this besides yourself? - I do not know that there was any body nigh me.

Perhaps he mentioned it to others as well as you? - Not that I know.

Who did you mention it to? - Mr. Wilkes.

Did you not tell it before? - No; I did not know any consequence could arise from his words.

You do not know that what a man says is evidence against himself? - No.

How came you to be a witness if you had not told it to any body? - I was sent for by means of Rogers coming to see for him.

Then you told him this? - No, I did not.

How came it into your mind to tell it at last? - When was before Mr. Wilkes he told me to tell all I knew of him, and then I told it.

You never read this proclamation which was pasted at the corner of every street? - I did not.

JOHN BATES sworn.

I am a carpenter.

Do you know the situation of the Sardinian ambassador's chapel and house? - Yes.

Is the Chapel joining to the house? - Yes, it is on the north side.

Is there a communication between the house and the chapel? - There is on the south side a covered passage, which leads from the south side of the house, from the one-pair-of-stairs; underneath that is a place for bottles, for the use of the butler; and there was a door into the chapel below stairs from the butler's closet, which is now closed up; there is also a communication on the north side which goes into the sacristary for the servants and other people to go into the chapel.

Does the chapel appear to be of equal date with the house? - The Chapel was built in the year 1763; it had been burnt down.

Is the chapel now burnt down entirely? - The north side of it is injured by the fire; the galleries are injured, and I believe six pillars were burnt and a part of the floor.

Cross Examination.

You are a carpenter? - Yes.

This chapel is a distinct building from the house? - There is a communication with the house.

As one house communicates with another? - There in an immediate communication with the vestry, which is a part of the house.

There is an eight foot passage between the house and the chapel on the south side? - Yes.

Then there is eight feet distance, I understand, between the house and the chapel? - There is; a projecting wing; I have made a sketch of it, if it will be any information to you (producing it).

Court. There are, I see, three communications; one up stairs from the ambassador's apartment to the chapel, one which has been stopped up, for the use of the servants, and one to the sacristary.

The chapel was built since the house?

Bates. In the year 1763, when the chapel was built, these communications, I under stand, were made, which were not before.

It might be separated from the house without injuring the house at all? - Yes.

Take away the chapel and make windows of the doors, and the house will be complete? - Yes, they were windows before; they are taken out and reversed and put on the south side.

As a builder do you suppose this chapel a dwelling house or a building adjoining to a house? - I look upon it as a building adjoining to a house.

LEONARD LOBAS sworn.

I am servant to the ambassador.

What is the ambassador's name? - Victor Amida , Marquis de Cordon de la Tour.

Was the Marquis in possession of this dwelling-house on the 2d of June? - Yes.

What is the ambassador's family name? - Victor Amida , Count de la Tour, Marquis de Cordon, his father is called Count de la Tour.

PRISONER's DEFENCE.

This Mr. Rogers says he never saw me before; he lives up the court next door to where I work; he used to bring jobs to me and stay while I did them.

To Rogers. The prisoner says he lives next door to you? - Yes.

Did you know he worked there? - No,

I never was in the house three times in my life; when I sent shoes to mend I always sent my children; I never saw him in the shop, to my knowledge, in my life.

For the Prisoner.

Mr. THOMAS THORPE sworn.

I keep the Globe-tavern in Fleet-street.

Do you know Rogers who has been examined as a witness? - About three months ago John Rogers applied to me to sign a paper in order to recover some money at the Assurance-office.

Give us an account of what is his general character? - The report was that he wilfully set his house on fire.

What is his general character? - He is a man of a very bad character.

Do you know any thing of the other man? - No.

Cross Examination.

Have you ever heard any thing against his character but what alludes to this transaction? - In our neighbourhood his character is very bad.

Has it arisen from this transaction - Yes.

Mr. JELLICO sworn.

I am an upholsterer in Fleet-street.

Have you known that man Rogers? - I never saw him in my life.

What is his character? - I know nothing of his character further than concerning a fire.

Do you know the other witness Goodridge? - I do not.

Mr. FENNING sworn.

I am first clerk in the Royal Assurance-office.

Do you know any thing of Rogers? - Only officially; we enquired his character in consequence of a fire.

Counsel for the crown. This certainly is not evidence.

Cross Examination.

Do you know any thing of him? - Only from this transaction; he is a very bad man and ought not to be believed.

Court. So far as your knowledge goes he is a man of bad character? - Yes. It is intended to prosecute him for perjury.

Why do not they do it? - The information is very recent.

- BRISCOE sworn.

I am a printer.

Do you know Goodridge? - I have seen him; he lives along with Mrs. Tiller; I do not know whether he is married to her.

Do you know any thing of his character? - I do not know any thing particular of his character; his character is very indifferent in the neighbourhood.

Do you know the prisoner? - He has been in my shop; I do not know much of him.

Cross Examination.

Is his bad character owing to his living with a woman of a different name? - I cannot say; I do not say it was from that.

WILLIAM FARDING sworn.

I have known Simpson upwards of five years; he lived with me; I had a very good character with him; I believe him to be a very honest lad; I have trusted him to receive money for me, and I never missed a farthing.

What are you? - I keep the Golden Horse, Aldersgate-street; he has left me three years.

Have you known him since? - Yes, he has always kept to work and never been beholden to any body I believe.

RICHARD KENDRICK sworn.

I am a plumber. I have known the prisoner four years; I never heard any thing against his character. I lodged in the same house. I never saw him in liquor, nor never heard any harm of him.

- READ sworn.

I am a shoe-maker, I have known Simpson these ten years; I never heard any thing amiss of him; he served me five years; he is a very honest lad; I never knew any thing to the contrary.

Cross Examination.

How long has he left you? - Five years.

Have you seen him frequently since? - Yes.

Have you had any reason to alter your opinion of him? - No.

RICHARD BENSON sworn.

I have known the prisoner from a child; he has a very honest general character; he was under my care eight years; I was guardian to him. He was apprentice to Mr. Read; I never heard any thing dishonest of him.

JOHN JOHNSON sworn.

I am a watch-maker. I have known him near fourteen years; he is strictly honest, and as to disposition, I believe, he is quite free from any thing of riot.

Cross Examination.

Do you live with him now? - No; I did eight or nine years ago; I have seen him frequently.

JOSEPH BRADDS sworn.

I am a peruke-maker. I have known him upwards of two years; I never heard any thing dishonest of him in my life.

JAMES FARMER sworn.

I have known him upwards of twenty years; I lived in the same house with him eight or nine years; I never heard any thing against his character till this time.

Cross Examination.

How long is it since you lived in the house with him? - I believe about twelve or thirteen years; I have seen him frequently since; I never heard any thing against him.

WILLIAM TUKE sworn.

I am a distiller. I have known him ever since he was born; I never heard an ill word of him in my life before this time.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

406. RICHARD EVANS was indicted for stealing sixteen pounds weight of brass, value 5 s. the property of John Reynolds , June the 26th .

THOMAS BIRD sworn.

On Monday the 26th of June I had been into Fore-street upon some business, between four and five o'clock; I went into the King's Head opposite Cripplegate Church; the prisoner and another man came in and called for a pot of beer; they sat down and drank. I observed the prisoner had something under his coat, which he frequently attempted to secrete; when he took out his money to pay for his beer I observed he had a large brass cock under his coat, what they call a stop cock. I suspected he had stolen the cock. I asked him what he was? He said he was a labourer. I asked him where he worked? Then he said he worked with Mr. Beardmore, did I know him? I said Beardmore and Reynolds in Barbican I knew very well. I went up to the landlord and told him my suspicion of the prisoner; then I went to Messrs. Reynolds and Beardmore and brought their clerk, Mr. Wilkins, with me to the publick-house. I showed him the prisoner and said that is the man. He said Richard, what is the reason you have not been at work? The prisoner said he had got too much liquor. Mr. Wilkins asked me if I was sure the prisoner had got the cock? I said he had. I went up to him and said, Friend, you have got a cock under your apron unless you have given it to the other person. The prisoner immediately took it from under his apron and laid it on the table. Mr. Wilkins asked him where he got that? He told him had it from the shop. He asked him what business he had with it? He said he had no particular business with it; he had taken it from the shop, and they might do what they would with him for they could not hang him.

Was he drunk or sober at that time? - He might have drank some liquor, but he was far from drunk at the time. Mr. Wilkins went and got a constable, and I stood with the prisoner while he was gone; some thing in his right hand coat pocket struck against the legs of a corporal in the militia. He said he had something else, and took it out of his pocket; it was a piece of metal; when that was taken out of his pocket I told the constable I thought it was his duty to search him; he was searched and we found another stop cock in his left hand pocket; then the constable said he thought it was necessary to send for his master, which we did. Mr. Reynolds came and talked to him about it; the prisoner again said, he had taken them; he might do what he would, he could not hang him.

- EDWARDS sworn.

I am a constable; the prisoner was stopped. I found a large cock on the table; the other cock and this piece of metal I took from him. (They were produced in court and deposed to by the prosecutor).

Reynolds. A piece of metal was found upon him which was broke off another piece which fitted exactly.

PRISONER's DEFENCE.

I tossed up with one of the men on Monday and got a little intoxicated; I have no witnesses.

GUILTY . W .

Tried by the Second London Jury before Mr. RECORDER.

407. THOMAS DOWNS was indicted for that he together with forty other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of John Lebarty , against the form of the statute, &c.

ELIZABETH FRAZER sworn.

How old are you? - Going of fifteen. I am servant to Mr. Lebarty, in St. Catherine's-lane . I was a-bed in the house when the mob came; there was only my mother and me and another fellow servant in the house. I went to bed about eleven o'clock and went to sleep; my mother waked me. I got up and did not know which way to get down stairs the mob came up so fast; my room is adjoining to my master's; I was getting up at the head of the bed to get my petticoat and tumbled into my master's dining room where I saw the prisoner; I was very much terrified; I knew the prisoner a long time before; I went down stairs as soon as I could; the prisoner is one of Mr. Clark's runners; he was in the house that night and had change for half a guinea.

What were the mob doing at that time? - They broke the stairs below; they made their way up stairs as soon as they could.

What was the other part of the mob doing to the house? - They broke all the window frames and the brick wall down, and then they threw out the furniture, some of it was carried to the fire on Tower Hill, and some people carried some home to their own habitations; I did not go to see the fire.

Cross Examination.

When did you first charge this man? - My mother first charged him, and Mr. Sherwood's runners took him.

Do you recollect when he was taken? - No.

You and your mother told this immediately, I suppose? - Yes.

He was taken up immediately, I suppose? - No, he was not; he was before the justice about a week after.

Instead of going before the justices to charge this man you ran away and left him there without making any charge against him? - No, I did not go away, nor my mother, till we gave charge against him; Moses Benjamin , the constable, was the man who was with the prisoner at my master's house, at nine o'clock that evening, when I changed him half a guinea; I went and fetched change for half-a-guinea.

When you got up, when the mob came in, you were very much frightened? - Yes.

Why did not you go the next day to the justice? - We went to Benjamin, the constable, he was afraid to take him up; my mother did not know there was to be any law then.

Did you go to the justices more than once? - No.

You did not charge him then, did you? - Yes; we said we knew him.

Then you was not there once when you run away? - No, I did not run away.

Do you know a constable of the name of Whitway? - No.

Do you know the other constable you told it to, I do not mean Benjamin? - I do not know a constable of that name; I told it to no constable but Benjamin.

Did not you go in company with Lebarty, your mother, Mr. Whitway, and the prisoner? - Yes; I went with a man, I did not know his name was Whitway.

At the time you went with him, Lebarty, your mother, and the prisoner, did not you at that time run away and would not make a charge against the prisoner? - No.

Did not your mother and all of you refuse to make a charge against the man? - Yes; my mother did, because she wanted to speak to her master; Mr. Sherwood's runners said my master was coming, and he was not come; the two runners of Mr. Sherwood well knew where my mother lived, because they had some apprehension my mother knew something against the prisoner; my mother went with Mr. Sherwood's runners the first time they came about it.

Court. Then you went away without giving a charge? - Mr. Sherwood's runners ordered us over the way till my master should come to us; we waited there from six till seven, and my master never came; my mother and I went both over the way, the justice said he did not want to hear what I had to say, but he heard my mother.

When your master did not come you went over the way to the justice's without him? - Yes; the next day I was examined at the Rotation-office in Whitechapel.

Where was this? - I cannot tell, I was a stranger; I did not know the place.

To what justice was it you went, if it was not to Whitechapel, and where did he live? - I do not know the justice we went to then, but the next day I was examined at Whitechapel Rotation-office.

Don't you know where it was? - No.

Counsel. I mean a week before this when you went with Whitway to the Rotation-office, and you and your mother went away and the justice discharged him? - I went with two of Mr. Sherwood's runners; I do not know where to.

You know Mr. Sherwood very well? - Yes.

Counsel for the crown. How soon after your master's house was demolished did you first see your master? - I did not see him at all for four or five days after his house was destroyed; I did not know where he lodged or where he was; my mother and I went the next day to find him out, but we could not.

Where did you first tell this story? - In Whitechapel, at the Rotation-office.

When was the prisoner taken up? - I do not know.

To whom did you first give any evidence against the prisoner? - First I went to Mr. Benjamin, then to the Rotation-office in Whitechapel, where Justice Sherwood examined me.

Was that the first time you was examined? - Yes.

MARY FRAZER sworn.

I am the mother of the last witness. I lay at Mr. Lebarty's the night the mob came. I came about ten and went to bed about eleven o'clock; I went to sleep; when the mob came I jumped out of bed and opened the fore window; no sooner had I opened the window but there was a boy at the window; we had put lights in the window. I said I would open the door if they would not break it; before I could get to the top of the stairs the mob were up stairs; we lay in the back room; the mob thrust us into Mr. Lebarty's bed chamber; some boys opened the door of the fore room up one pair of stairs and the prisoner took a gun from the boy, and swore he would blow my heart out unless I would tell him where my master's money and papers were! after that another boy brought a sword or cutlass out of the same closet; the prisoner took that and pulled it out of the sheath; he held it over my head and said, he would split me in two if I did not tell him where my master's money and papers were. I said, gentlemen, don't do any mischief and cause murder, if you will go down stairs with me I will show you; the prisoner said I must stay a little till they had done their business there and then they would go down with me; we staid till they had destroyed what was in that room and thrown the furniture out of the window; I saw the prisoner beat out the frame of the window and throw the bed out I had laid on. He said D - n you, you old Papist bitch! come down stairs and show us where the money is; he several times called me a Popish bitch! I went down stairs; he followed me; I showed him the bar where Mr. Lebarty kept his liquor and money; I saw the prisoner go into the bar, and I came out immediately; that was the first opportunity I had of getting out of the house, and I saw no more of the prisoner; the back part of Mr. Lebarty's house was broke; whether he went that way or not I do not know; I saw him in the street by himself on the Sunday following in the forenoon. I knew him directly, because the chief thing I did in the room was to observe him. On the Sunday afternoon my daughter and I were in the house of one Mrs. Roberts, in East Smithfield; the prisoner then passed the door; I immediately told Mrs. Roberts that was the man who used me ill at Lebarty's; she said he is one of Justice Clarke's runners, and his name is Thomas Downs .

What did your daughter say upon that? - I believe she was in the yard playing with Mrs. Roberts's boy. That was not far from where I lodged. I went home and set down his name. On Monday I went to seek for Mr. Lebarty, and left word that I had seen one of the people who had been concerned in pulling down Mr. Lebarty's house, and had got his name; I went to one Mr. Brumett, a milk-man, in St. Catherine's, where I thought I might hear of Lebarty, and to a Jew officer, at the top of St. Catherine's-lane; I believe his name is Benjamin. As I was returning home, I met the beadle of Aldgate parish, and told him of it; he said why did I not go and make an information at the justice's. I went to the justice's; there was a guard of soldiers; I attempted to go in; they would not let me; that was on the Monday forenoon after the house was destroyed. My daughter was with me, there was a guard of soldiers brought from the Victualling office to Justice Clarke's in East Smithfield, to take a parcel of prisoners. I did not find Mr. Lebarty, till the Wednesday following.

When did you give the first information against the prisoner? - On the Wednesday at the Rotation-office in Whitechapel, which is almost opposite the church, I went with Lebarty; the Jew constable and the prisoner were there; as soon as I saw him, I said that is the man I saw in Lebarty's house, who pulled down the window. Lebarty, I, and my daughter went to the Rotation-office together.

Was your daughter with you when you endeavoured to get admitted to Justice Clarke's office? - She was.

Do you know any thing more? - I was sitting at the Fountain in the Minories; two of Justice Sherwood's runners came in a great hurry, and said Justice Sherwood had sent them for me.

When was that? - Some time after, I believe it was a week after; they said Lebarty was there waiting for me; my daughter was with me then. When I went there Lebarty was not there; I said I would not stay any longer, and then I was made a prisoner of, and was detained from my washing, in the publick-house, by these runners; I was kept till ten at night; then the justice examined me, and I swore to the prisoner.

Was your daughter examined then? - She was.

How long did your examination last? - Not a great while.

How long did your daughter's last? - Not long; we were only sworn that he was the person. I am certain and sure that he is the person.

Cross Examination.

You did not know him before but by sight? - Only by sight, my daughter knew him for many years.

Why did you enquire of any body else if you daughter knew him? - My daughter was not in the room when he used me ill with the gun and sword. She said she saw one of Justice Clarke's runners there, but then I did not know his name.

You knew Justice Clarke and Justice Sherwood too? - No, I did not.

You have been before them both before now? - No, I have been before Mr. Clarke, not Mr. Sherwood.

Your daughter has known this man's name for these two years? - Yes, I believe she did.

Why did not you apply to her? - She was not present when I saw him and he presented the gun and sword to me.

Did not you go to Mr. Clarke's to complain? - Yes, but was not admitted into the office. I did not go before Monday.

From the Wednesday to the Sunday, you never went to enquire after him? - I was not able to hold up my head hardly, I was so ill used in Mr. Lebarty's house.

How came you to recollect so readily that your daughter was at play at the moment the prisoner went by when you was at Roberts's? - I am not sure she was at play, I was stagnated at the sight of him.

If your daughter knew him before why did not you call her? - I was too stagnated at seeing him. I was at the Rotation-office, I believe it was on the Wednesday, and on the Thursday se'nnight.

Was your daughter there? - Yes.

Do not you recollect your daughter and you going away, and you would not give evidence? - No; I was there but I did not give evidence nor my daughter, because Mr. Lebarty did not choose to have any thing to do with the matter.

She knew the reason I suppose as well as you? - It was not the reason because I would not give evidence, but because Mr. Lebarty would have nothing to do with it.

So you and your daughter went away without giving any evidence? - We saw the prisoner, and said he was the person.

When you saw the prisoner there you made no charge against him nor your daughter? - No.

He was discharged? - No, he was not in custody, he was doing his duty, he had prisoners in charge I believe.

How soon after this was it that you chose to give evidence against him, it was a week after was it not? - I cannot tell, the justice's runners came to fetch me, it was some time after.

That was the 22d I believe? - I do not know, I saw no more of him till I was sent for.

If this man was so well known to your daughter, and the name told you by Roberts, how came you to go and get a pen and ink to write it down? - That I might not forget it.

But Roberts said he was one of Mr. Clarke's runners, and your daughter said the same, and she knew the name? - She knew him, I do not know that she knew his name.

You knew Justice Clarke's office, and Justice Sherwood's office, and all their runners very well I dare say? - No, I do not; I have been at Justice Clarke's office.

Have you all your warrants at Justice Clarke's office? - I never had a warrant in my life.

When you was so industrious to tell this in St. Catherine's-lane, why did not you go to the justice's? - I did not know the nature of law, I could not get in at the justice's.

When the runners came for you you say you was in prison, what was that for? - They said they would keep me till they went and took Thomas Downs .

Was you locked up? - No, I was in the room, they would not let me go out.

And your daughter too? - Yes.

Was not that because you had run away before? - No, I never ran away before.

Do you know Whitway? - No, I do not know him by name.

Court. Where was your daughter from the Wednesday the house was destroyed to the Sunday? - In lodgings with me all the time.

I suppose you naturally had a good deal of talk respecting that terrible night? - At that time I was too ill to be talked to. I was greatly hurt in Mr. Lebarty's house; I did not talk about the rioters all that time that I know of. My nose began bleeding from that time to Sunday; then it stopped bleeding, and I went out to Mrs. Roberts's.

Was you speechless all that time that you spoke nothing about it? - No, but my nose kept bleeding; I had a blow on the back of my head; we might speak that there were such riots, but not to any purpose.

When did she tell you she saw one of justice Clarke's runners there? - On the Friday she told me she saw some runners, some butchers, and Jews, in Mr. Lebarty's house.

Though she told you on Friday she knew one of Justice Clarke's runners was there, you never once asked her if she knew his name? - No.

You have heard I suppose there is money to be got in this way? - I never heard there was money to be got this way, I know nothing of it.

If you convict this man you are entitled to fifty pounds? - I do not want the fifty pounds.

Who told you you were not to wish to have the fifty pound, the attorney? - No, I heard the runners were to have fifty pounds for taking them.

Did not you expect to have some of that fifty pounds? - No.

Did you hear no talk of it? - No.

Did not your friend Moses the constable tell you of it? - No, he is no friend of mine.

You say that the boy the man took the gun from brought it out of the closet and the sword too? - Yes.

Whose property were they? - Mr. Lebarty's, I believe.

Counsel. Was your daughter in the room when the prisoner did what you speak of? - No, she went down stairs.

You was not in this room till your daughter went down stairs? - Yes, when she went down stairs.

What did the man do with the gun and the sword? - Threw them out at the window.

JOHN LEBARTY sworn.

Did you see the prisoner at any time on Wednesday the 7th of June? - Yes, I saw him, I think he was at my house to the best of my remembrance, between eight and nine o'clock, he came to get change for a half guinea.

That was on the evening your house was demolished? - It was.

Did you go to the justice's with Mary and Elisabeth Frazer , to give information against the prisoner? - I did not give information against the prisoner, I was summoned by the justice to go there, and I went.

What time was that? - I do not recollect the day, I was so disturbed in my mind I cannot recollect.

Did you say any thing to Mary Frazer for her not to give information against the prisoner? - I spoke that I would let it alone, I would have nothing to do with it, as I was a stranger in the nation I thought I would let it alone.

Cross Examination.

You say you saw him between eight and nine o'clock, you are not exact to the time I suppose? - I do not know, he and two more came in for change for half a guinea.

You knew him before? - I certainly did.

Your servant knew him and knew his name? - I believe so.

Court. How came you to leave your house so early that afternoon? - A message was brought to me that the mob were going to burn my life, therefore I left the house between ten and eleven o'clock.

You did not think of arming yourself against them? - What could I do, they were all against me?

Had you any arms in the house? - I left a gun in the closet I believe.

Prisoner. I leave my defence to my counsel and my witnesses.

For the Prisoner.

WILLIAM WHITWAY sworn.

Do you know Mary and Elisabeth Frazer ? - I have seen them before. On Thursday the 15th of June, in the morning, they came to the King's-Arms, East Smithfield, opposite Justice Clarke's office; they and Lebarty came together, and began to relate the matter about the prisoner to me and some others; I told her I had seen him that morning, and if I had known it I would have stopped him. I understood she was going up to the Rotation-office about some other business concerning the rioters.

Who said so? - I do not know, I believe all three, that they were going up concerning the examination of other rioters. I was going up there myself. I told her to go up and I would endeavour to find Downs, and if I found him I would bring him up.

What did they say to that? - They said it was very well; if I found him to bring him up. I went to his house; he happened not to be at home; as I was going I saw him on the opposite side of the way; I beckoned him; he came to me; I told him what the woman said; he declared he was innocent, and went with me voluntarily. When he came there the women were at the Rotation-office; there were some altercations between them, but the particulars I cannot remember; there were Justice Sherwood and Justice Clarke; I related the story to them; the magistrates ordered me to bring the prisoner up; I did so. When I brought him up, I thought the woman was following me; when I came up she was not there. The magistrates asked where the woman was who was to make the charge? I went down to look for her, and the woman and her daughter and Lebarty were all gone out of the house. The magistrate then dismissed him, and desired he would be ready to be called for whenever he was wanted. He told them he would. He then went away about his usual business, and I heard no more about it till the Wednesday following, which I think was the 21st, then the woman went down to Mr. Sherwood's and laid an information, and Mr. Sherwood's people came and took him. He was at large all that time up and down with the prisoners; he is a servant to Mr. Newport.

JOHN SADLER sworn.

I attend the publick-office in East Smithfield.

Do you know Downs? - Yes.

Do you remember the night Lebarty's house was burnt? - Yes, Wednesday the 7th of June. I was in company with the prisoner and Wilkinson that night at the Ship, till ten o'clock. Mr. M'Kenzie keeps it; I left the prisoner there.

Cross Examination.

You attend the publick-office? - Yes, as an headborough of the parish of Aldgate. I went to the Ship that evening between the hours of nine and ten; he staid with me from that time till near twelve.

That was the first time you saw him that evening? - No, I saw him before in East Smithfield, pretty near the Maypole at the King's Arms. I made an agreement to meet him at the Ship? - About nine, or a little after, and staid with him till near twelve.

Who were with you? - John Wilkinson , Sarah Aldin , Sarah Hart , and Mr. M'Kenzie.

Who did the prisoner go away with? - I cannot tell, I left him there; Wilkinson went with me.

Court. How far is the Ship in East Smithfield from Lebarty's house? - Three or four hundred yards. As I was going home I met one of Lebarty's lodgers; he called to us and said the mob were pulling Libarty's house down. I said if we can be of any service I will get our men to try and disperse the mob; he said it was of no use; they were then pulling it down.

JOHN WILKINSON sworn.

I was at the Ship the night Lebarty's house was pulled down; I was there between nine and ten in company with Sadler, Downs, Mr. M'Kenzie, Armstrong and his wife, Sarah Aldin and Sarah Hart . I left the house about a quarter before twelve o'clock; going home we met one of Lebarty's lodgers; he said they were pulling Mr. Lebarty's house down.

Cross Examination.

What are you? - A runner.

Did the prisoner go with you? - No, we found him there.

What liquor did you drink there? - Nothing but porter. We drank I suppose four or five pots; I paid for one. We left him there.

MARY M'KENZIE sworn.

I keep the Ship, a publick-house.

Do you know Sadler, Wilkinson, and Downs? - Yes, they were at my house on Wednesday night the 7th of June. Downs came in about nine and staid till about half after twelve o'clock; just about half after twelve he desired to have another pint of beer, and paid me for it; I saw him to the door and saw him turn round the corner to go home; he went home with Mr. Hart.

Cross Examination.

When did Sadler and Wilkinson come into your house? - Between nine and ten o'clock.

What time was Lebarty's house pulled down? - I cannot tell. About half after twelve they said there was a great fire on Tower Hill; that the mob were pulling down a house in St. Catherine's-lane.

People came in after nine o'clock? - Yes, some.

A great many? - No; our house is not so overflowed with business.

You could not see Lebarty's house from your house? - No; only the blaze of the fire on Tower Hill.

THOMAS ARMSTRONG sworn.

My wife and I were at the Ship the night Mr. Lebarty's house was destroyed; we went there between seven and eight o'clock; the prisoner Downs came in I believe rather before nine and staid till near twelve; we left him there; the watch was going twelve as we came out.

Cross Examination.

What are you? - A lighterman, and live in Artichoke-lane at the bottom of Virginia street.

Did you see Sadler there? - Yes.

Was Wilkinson there? - Yes.

Did they all come in together? - No; Downs came in first, I believe; Sadler and Wilkinson came in together.

What liquor did the prisoners, Sadler and Wilkinson, drink? - Beer, I believe; I did not see any thing else.

Did you see the fire at Lebarty's? - I did not see it; I d id not hear of it till the next morning, if I had gone out perhaps I might have seen it, but I did not take any notice about it.

Were there a good many people in the Ship? - I cannot say how many.

Twenty or thirty? - I cannot say.

Did no-body say any thing to you about Lebarty's house being destroyed that night in the Ship? - No, no-body said any thing to me.

SARAH HART sworn.

I was at Mr. M'Kenzie's, the Ship, the night Mr. Lebarty's house was destroyed; the prisoner and I went home together at about half after twelve o'clock.

What became of him then? - He went to bed and did not get up till between seven and eight next morning.

Cross Examination.

You live with the prisoner? - Yes; I have lived with him nine years.

Are you married to him? - No.

- CLARKE sworn.

I am servant to Mrs. Hart.

Do you recollect what time your master and mistress came home the night Lebarty's house was destroyed? - Yes; they came home, as near as I can guess, at half after twelve o'clock, and went to bed; I locked the door; the prisoner never went out again till seven or eight o'clock in the morning, for I had the key in my pocket.

Cross Examination.

How came you to be so exact to the time? - The watch hung up, and I saw what time it was when he went to-bed.

HANNAH SMYTH sworn.

I work at my needle, and lodge at Mrs. Hart's.

Do you recollect at what o'clock Sarah Hart and Downs came home on the night Lebarty's house was destroyed? - Between twelve and one, I was up at the time.

Who was the first who got up in the morning? - I was; Mr. Downs got up about eight or rather sooner.

Cross Examination.

Do you always take notice what time Downs goes to bed and gets up? - Being always in the house I do.

What time did Mrs. Hart go to bed last night? - I believe about the same hour.

What time did she get up this morning? - About eight o'clock.

What are you? - I work at my needle, or any thing else I can get to do among the neighbours.

- NEWPORT sworn.

I am keeper of New-Prison; the prisoner has been a servant of mine three or four months; he has behaved with the strictest honesty, according to the best of my knowledge; he was very attentive to my business; he was at Justice Clarke's office when he came to me.

How long have you been keeper of New Prison? - Six or eight months.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

WILLIAM DOWNS was indicted, for that he, together with 40 other persons and more, did unlawfully, riotously and tumultuously assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Cornelius Murphy , against the form of the statute, &c.

(The counsel for the crown did not call any witnesses in support of this indictment.)

NOT GUILTY .

409. WILLIAM GOODCHILD was indicted for stealing 4 lb. of black pepper, value 6 s. the property of William Smith , William Smith Campbell , Joseph Nash , and Joseph Travers , June the 29th .

Mr. JOSEPH TRAVERS sworn. I am a grocer, and am in partnership with Messrs. Smiths and Nash, grocers ; the prisoner was a servant of our's. On Thursday the 29th of June, as the prisoner was going home to dinner, the warehouse man detained him, saying, he had something in his pocket. I took him into the cellar and asked him what he had in his pocket? He replied nothing at all. I lifted up the flap of his pocket and saw the pepper and asked him what that was? He artfully replied I have been working this morning without my coat; and one of my fellow servants, having a malice against me, has done this. I replied, that would not do; I was happy I had discovered the thief for the sake of the reputation of my other servants, and that he must come along with me. He instantly threw off his coat and said, The pepper was not his property, and he would not have the property of another about him. I laid hold of the coat with one hand and the man's arm with the other, left he should get away; and turning round to the cellar door I observed my partner, Mr. Campbell, coming towards me. I said Mr. Campbell this is the man who robbed us; while I was conversing with him the prisoner slipped out of my hand, and escaped into the lane by another door of the cellar, and left his coat behind him; we all pursued him into Thames-street, where we missed him; then we divided, and when I returned he was brought into the compting-house. Mr. Campbell called upon him to confess, but prior to his making confession, he was told that the way to expect favour was to discover his associates. My lord will it be proper to mention his confession after that.

Court. It will not; you do very right to mention it.

What is the value of the pepper? - Six shillings.

WILLIAM DUETT sworn.

I am warehouse-man to Messrs. Smith, Nash, and company. On Thursday was se'nnight I ordered the prisoner to go to dinner; he was at work without his coat; he went backwards to the place where his coat lay, and staid about ten minutes; when he came forwards I met him and saw his pockets were very full, and could discern it was pepper. I called Mr. Travers and he took him into the cellar to search him.

Do you know where his coat had been lying? - Yes; upon some lump sugar in the back part of the warehouse. I had an information of him and concealed myself in the desk. I had sent all the other men to dinner before him, in order to see whether he would do it or not; there was no-body there but our cooper's little boy in the front shop; when the men were gone to dinner I went and put my hand in his pockets and they were empty.

Had the boy been backwards after that time? - I believe not.

Prisoner. If you can say upon you oath there was no man went backwards into the warehouse after you felt in my pockets and had sent the men to dinner? - I am upon my oath, there was not one.

AARON COATES sworn.

I am a constable; hearing the cry

"Stop thief," I helped the last witness to secure the prisoner and bring him back.

PRISONER's DEFENCE.

My lord, and gentlemen of the jury, I was recommended to the prosecutor by one of the first merchants in London. I served him a considerable time as warehouse-man, and quitted his servitude with a character unblemished. I served the prosecutor with the same integrity, but with fellow servants who were full of malice against me, and to complete their diabolical design have done this; finding my coat heavier than it used to be I put my hand into my pocket and found it was black pepper. I thought it was done out of a joke, but I found it was meant to destroy me. I went to put it out into the tub but I thought I would go to Duett to show it him in order to find the person out who had put it into my pocket; he told me immediately that Mr. Travers wanted to speak to me in the cellar about some fruit. I went down into the cellar; he asked me what I had in my pocket, and threatened to hang me. I thought it was to be done in the cellar, and therefore I made my escape but was taken and brought back; and then they talked again of hanging me; there was a soldier's bayonet lying; I thought they were going to put an end to my existence. I begged they would suffer me to be tried by the laws of my country. Mr. Travers then promised I should, and sent for a constable. I have a disconsolate wife near the time of her delivery. I leave myself to the mercy of the jury, trusting they will make a just sentiment.

Mr. Travers. I did not say I would hang him, nor to my knowledge I did not threaten him.

GUILTY . Imprisoned 6 months .

Tried by the Second London Jury before Mr. RECORDER.

410. SARAH COLLOGAN was indicted for stealing a printed cotton gown, value 20 s. the property of Elisabeth Murray , spinster , June 6th .

JAMES HYDE sworn.

I belong to the Rotation-office in Litchfield-street; I was at Lord Mansfield's house with the magistrates a little before four o'clock on the Wednesday morning on which the house was destroyed; at about half after four I had an information that some of Lord Mansfield's property was at the house of the prisoner. I went to the house, and told the prisoner I was come to look for some things which came from Lord Mansfield's. While I turned my back to look in the lower room she went to the stair-case; I followed her immediately up stairs.

Who gave you the information? - I took two people who used to lodge in the house with some of the property on them; they gave me an information that there were more things in the house. I saw the prisoner put this gown under the head of the bed; I laid hold of her and the gown together. She said that was all she had; she said it was given her by a man she did not know at Lord Mansfield's house. This is the gown (producing it.)

HENRIETTA CASSMAJOR sworn.

I am lady's woman to Miss Elizabeth Murray ; I know it to be her gown, having made it myself; I saw it in the house at ten o'clock over night, it was locked up in a press.

PRISONER's DEFENCE.

I went that night to see the fire, as many more did; a man came down the stairs with an arm full of linen and this gown; he put the gown up to my face, and said if I would not have it he should throw it into the fire; he threw the rest of the things into the fire.

GUILTY . Imp. 12 months .

Tried by the First Middlesex Jury before Mr. RECORDER.

411. ELIZABETH GRANT was indicted for stealing a copper pot, value 30 s. a copper-plate warmer, value 3 s. and a copper dripping-pan, value 10 s. the property of the Right Honourable William Earl of Mansfield , June 6th .

JOHN DIXON sworn.

I belong to the Rotation-office in Litchfield-street; I went to the house of one Mr. Gocart, in Hog-lane, three or four days after the fire at Lord Mansfield's, there I found these copper things (producing the several articles mentioned in the indictment). Gocart said he knew nothing of them. The prisoner said she bought them when he was out of the way. I believe she is a servant in the house; it is an old iron-shop; I found some on the compter and some behind it, and some were in the back shop; I took the goods, and left the prisoner. Two or three days after that, when Lord Mansfield's servants came to town, and saw these things, they said they were Lord Mansfield's, I went and told the prisoner she must come to the office. She said she would come as soon as she had put on her cap; she came there soon after me.

JAMES HYDE sworn.

I went with Dixon to Gocart's; we found this copper, some in the fore and some in the back shop.

( George Wilkinson and Henry Richards , two of Lord Mansfield's servants, deposed, that the several articles produced were the property of the Earl of Mansfield.)

PRISONER's DEFENCE.

I am servant to Mr. Gocart. Four or five fellows came in with blue cockades, and brought this copper; I said I did not buy any thing; my master keeps an open shop. They said if I did not buy them they would say we were papists, and would have the house down. They demanded money; I gave them what money I had, and should have given them more, if I had had it in my pocket. When my master came home he asked me how they came there; I told him. He said, Let them lie there, for I suppose they come from some of the demolished houses. The next day he went out to market, and the officers saw the things and took them. There is a person here, who lodges in the house, that saw the men in the shop.

For the Prisoner.

SARAH PHILLIPS sworn.

I lodge in the house where the prisoner lives. On the 7th of June, between eleven and twelve o'clock, while I was in my chamber, I heard a noise, I came down stairs, and saw five or six men in the house with blue cockades; they insisted upon the prisoner buying these things; she refused to buy them. They told her, if she did not buy them they would set fire to the house, because they were papists.

Is the man of the house a catholick? - Yes, he is a Flemish man.

Did she buy the things? - I went up stairs to look after my children; when I came down stairs again I saw the woman give them money, but I do not know how much.

Prisoner. I have somebody here to prove my master is ill of the gout.

JOHN GRAY sworn.

I am an apothecary in Bartholomew-Close, I attend the prisoner's master, he was ill of a fever; the fever is now gone off, and he has a white flux.

The prisoner called John Slaide and - Majorby, who gave her a good character.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

412. ELIZABETH TIMMINGS was indicted for stealing five china dishes, value 20 s. five china plates, value 5 s. a linen sheet, value 8 s. a linen napkin, value 10 d. a pair of leather gloves, value 1 s. and a muslin cap, value 2 s. the property of the Right Honourable William Earl of Mansfield , June 6th .

JOHN DIXON sworn.

I found the things mentioned in the indictment (producing them) in Timmings's house; we had an information that a great many things were carried to that house; we found her packing some of them up; we took her into custody; when she was at the office she said she had had them a great many years; she said the sheet was given her by an aunt of her's in Ireland; she said she bought some of the china at Bristol, and had had the things in general a great many years; that they were her own property; that she took the sheet to Ireland, and brought it back with her.

Cross Examination.

This confession was taken down in writing, was it not? - I believe not.

Did not she tell you that Ann Charlotte , Mary Gardener , and Esther Kelly , brought these things there? - No.

You took every thing you could lay your hands on, and her own things too? - Yes; I do not know that she had so much of her own.

Was there not an application made to the court to deliver her her things. You never heard that Charlotte, Gardener, and Kelly, had given her the things? If they had given her the things, why did not she say so? they were in the house at the time.

Have they not been charged with this offence? - No.

You never heard her charge these three people with bringing the things? No.

JAMES HYDE sworn.

I belong to the office in Litchfield-street.

Was you at Timmings's at any time? - Yes; I am not positive to the time; we searched the back room, and found a parcel of linen and some china. I took her into custody. I think she said they were her own things, and that she had them from some relation. About three or four days after she had been committed I was at the jail; she said she wanted to speak to me; we went into the wine-room in Tothill-fields; she said Ann Charlotte , or Charlotte Ann , I cannot say which, brought the things to her; that girl was in the house when I took the things. I advised her to send to the magistrate; I believe she afterwards sent to the magistrate.

Cross Examination.

Did not she tell you that Ann Charlotte , Mary Gardiner , and Esther Kelly , brought the things? - No; but I was told something of that was mentioned at the office. Ann Charlotte , I believe, was taken up, but it was for something else. She was put to the bar for somebody to look at her, and she went away again.

GEORGE WILKINSON sworn.

I am servant to Lord Mansfield; I believe all these things are my lord's property.

Was you present when the prisoner was examined at the justice's? - Yes; she said that she had had some of them from Ireland, and others a great while, but I cannot say the time; they were in Lord Mansfield's house on Tuesday the 6th; they are plates that are made use of every day.

HENRY RICHARDS sworn.

I am cook to Lord Mansfield. I know the two sallad dishes, and two of the plates, to be my lord's property; they were in the house on the Tuesday night; the prisoner, upon her examination before the justice, said, she had had some many years in Ireland, and some from Bristol.

HENRIETTA CASSMAJOR sworn.

I am Miss Murray's maid. I know the linen to be the property of Lord Mansfield, by having often seen it there. I am certain of it.

Was you present when the prisoner was examined before the justice? - I was. I understood her in general to say, that they had been in her possession some time, I do not know how long, some were given her by a relation, and sent from Ireland. They were in Lord Mansfield's house on the 6th of June.

PRISONER'S DEFENCE.

When I was taken up I told them Ann Charlotte and Mary Gardiner brought the things to me, and desired they would go and take them, and I would pay them for bringing them the next morning to me, but they did not bring them. When I went to Tothill-fields there were two men; we sat on the bench; I was telling them how I was brought in by those people; they said if I brought them, and swore against them, I should be cast myself. I said what must I do; they said, say you had them from Ireland, or any where; so I did, and they laughed at me.

WILLIAM TILCOCK sworn.

I am a driver belonging to the Artillery. I lodged at the prisoner's house in June.

Do you remember the night Lord Mansfield's house was burnt? - Yes When I went to bed at ten o'clock she was at home.

Cross Examination.

How came you to recollect that night? - Because the next morning I went off early to camp.

Did you see any thing of Mrs. Tilcock after you went to bed? - Yes, between twelve and one she came into my room; I heard the lodgers come in.

Does she lie in the same room? - No, in the next room.

Does any body lie with you? - Yes, Perry.

Does any body else lie in the same room? - Yes, another woman; Perry lodges there.

SARAH PERRY sworn.

I lodge in this house. Tilcock lodges there. The prisoner was at home all that evening, all night, and next morning between twelve and one o'clock. Ann Charlotte, Poll Gardiner, and Esther Kelly came in and asked the woman where I lodged if t hey should leave the things; there was a sheet, some china, and some trifling things, I cannot recollect what, I was in bed there; she said they should not leave them then. They said where should they leave them but in their lodgings? that they came honestly by them, and would leave them there.

What sort of china was it? - Long dishes, two soup plates, and brown plates all full of colours; it was burnt-in china I believe.

Cross Examination.

What are you? - I have been out of place three months; I have lodged with Mr. Timmings ever since.

Who lodges in this house besides? - Several young men; sometimes strangers every night.

How came you to take such particular notice of that night? - Because I looked at the things particularly.

How came you not to recollect these things when those gentlemen asked you about them? you said there were a sheet and china, and some trifling things you could not recollect? - Some cups and such things; I did not recollect the china; I was always with Timmings every night.

Have you been there ever since you lodged with her? - Yes, I have never been out of the house since.

Court. Are you sure they brought all the things which were brought? - Yes.

Did they bring the silk gown there? - No, I must have seen it if they had. I was never out of the place.

Did you ever see the watch brought there? - No, I did not. Some things were taken away in the morning; these were kept.

MARY HARGRAVE sworn.

I lodge in this house too; I was there between twelve and one o'clock, on the 6th of June. Ann Charlotte , Gardiner, and Kelly knocked at the door; Mrs. Timmings let them in; they brought some things with them, and desired she would let them leave them there. She refused. They said they came honestly by them and where should they leave them but in their lodging. After some persuasion she let them bring them, and they left them below stairs, and went up to bed; she called to them afterwards to take them away. There was a cloak with fur on it, two sheets, one longer than the other a petticoat, and some other linen.

Did you see any plates there? - Not till next day. She was going to bed when they came in. She was not out that evening.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

409. ELISABETH STEWART was indicted for stealing twenty nine yards and an half of thread lace for ruffles, value 10 s. a muslin handkerchief laced, value 20 s. a pair of treble lawn ruffles, value 10 s. twenty-four yards of lace, value 10 l. a child's cloak laced, value 10 s. seven yards of silk, value 30 s. a sattin gown and coat, value 10 s. a muslin apron, value 5 s. another apron, value 2 s. a sattin cloak, value 3 s. a man's camblet riding cloak, value 3 s. a linen gown, value 5 s. a black silk handkerchief, value 2 s. a necklace made with stones, set in silver, value 5 s. a cotton gown, value 5 s. a cotton work-bag, value 1 d. and four pounds ten shillings, in monies, numbered , the property of Margaret Holbird , widow , April, 9th .

MARGARET HOLBIRD sworn.

I live in Mitre-court, Leadenhall-street . The prisoner was my servant . On Sunday morning, the 9th of April, I went into the country, and left a Mrs. Hussey and the prisoner to take care of the house. I came home on the Wednesday, and found the maid was gone; Mrs. Hussey told me she went on the Monday. I did not miss any thing then. The next day, Thursday, about five or six o'clock in the afternoon, I went to the closet and could not at first open it; at last I got it open, and immediately missed my box of money. I then missed my handkerchief and laced ruffles, and the next morning I missed my bag with all my lace in it. I then went to enquire after the prisoner; I found she had been at Mrs. Cole's, a dyer in Ratcliff-highway; they informed me she had fetched some things out of pawn which were at a pawnbroker's opposite. I went to the pawnbroker's to know if the prisoner had fetched any thing out of pledge, and enquired in what money she had paid for them? They said all in half crowns; my money was all in half crowns, except a five shilling and three penny piece of George I. I heard she was gone on board a ship; I got a warrant to go on board to find her. I sent a man to enquire, and was informed the ship was gone. I then concluded it was all over, and thought no more of it. On the 24th of May a young man came and told me that the person who had roobed me was in the Compter. I went to the Compter and saw the prisoner. I asked her about the things; she owned the fact; she said she had the lace; that she had sold the handkerchief and cloak to Ann Fieldhouse for three shillings, and Mrs. Fieldhouse had pawned the remainder of the things.

Did you make use of any promise to induce her to confess this? - No; after she had confessed, I said, I want nothing but my things, if I get them I will do you all the service I can. I got a search warrant to take up Mrs. Fieldhouse. I went to Ann Fieldhouse's to look for the things, and a constable with me, as soon as I got the warrant. I believe I found my child's muslin cloak cut and part made into a cap, the remainder was there; it was a muslin cloak worked with lace all round it; I found my bag there.

Was the prisoner there at the time? - No, she remained in the Compter; I went to a pawnbroker's and there I found five yards of my silk, and three pieces of lace; they denied every thing else. I went in a coach with Mrs. Fieldhouse to her sister's; there I found a gown and coat. The prisoner had told me that the person where she lodged had sold all the things to Mrs. Fieldhouse's sister.

When was it the prisoner told you this? - The first time.

Before you had made her any promise? - I made no promise till the next day, I went again. I went to Fieldhouse's sister on the Friday night. She keeps a pastry-cook's shop on Snow-hill; her name is Jane Thompson . I found there a garnet colour sattin gown and coat, and a black cloak pulled all to pieces, and a necklace.

JANE THOMPSON sworn.

I have here some things I bought of Mrs. Clark, by the consent of the prisoner, who was present; she said they were her's; the prisoner lodged with her. She told me that they were her mother's and that she brought them from Ireland, that Mrs. Clark had fetched them out of pawn, and was to keep them till she could pay for them.

Are these the things you bought of Clark by the prisoner's desire? - Yes, no more nor less.

(They were produced in court and deposed to by the prosecutrix.)

JOHN CRAWFORD sworn.

I am servant to Mr. Windsor. I have about three yards and a half of silk and two remnants of lace; they were pledged at our house in the name of Ann Fieldhouse . I never saw the prisoner.

(They likewise were produced in court and deposed to by the prosecutrix.)

- HUSSEY sworn.

Mrs. Holbird went into the country, on the 9th of April, about nine o'clock; as I worked for her, she desired me to stay in the house with the prisoner till she came home; the prisoner went away, on Monday morning at eight o'clock; she told me she was going to a gentleman, expecting to get some money to carry her over to Ireland, she would come back before dinner, but she did not come back.

ABRAHAM SOLOMONS sworn.

I am a constable. On the 24th of May Mrs. Holbird brought me a warrant for Ann Fieldhouse . I have here the things which were found in Ann Fieldhouse's house; here is a bag, some pawnbroker's duplicates, and a white cloak; the duplicates were brought to the Alderman; they were first pawned in the name of Fieldhouse, and then altered to the name of the prisoner; when she came before the alderman she brought the lace with her. (That likewise was produced and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

On the Monday I went to Mrs. Clarke's. I was there three days; then I went to Mrs. Fieldhouse's, and she took and pawned the things; I gave her the laced handkerchief to pawn for seven shillings, and she would not own it afterwards. I have no witnesses; I rely upon the mercy of the court.

GUILTY . Imprisoned 6 months .

Tried by the First London Jury before Mr. RECORDER.

413. THEOPHILUS BROWN was indicted for that he, together with an hundred other persons and more, did, unlawfully, riotously, and tomultuously, assemble, on the 5th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Mary Crook , widow , against the form of the statute, &c.

Mr. THOMAS GATES sworn.

I am the city-martial. On the 5th of June I was almost all the day at Mrs. Crook's door. Mr. Kirby and I had an order to attend there; the mob were pulling down the two houses before the mass-house; one of which was Mrs. Crook's.

Did you see the prisoner there? - Yes. Mr. Kirby and I turned him out of the house several times; he was pulling up a board of the floor. Mr. Kirby said the soldiers were coming, and bid them get away; he did not mind that but pulled up the board and was coming out by me with it. Mr. Kirby gave him a push, upon which he dropped the board off his shoulder and said, D - n my eyes, there shall be no Popery in the country. I made an observation that his eyes were almost blasted already, they were remarkably small, and what with that and the dust he could hardly see out of them; he threw the board on the fire; he was remarkably impudent; he came before the sheriff's face and damned his eyes, and said, there should be no Popery; when I understood that the military had taken up a number of persons I went to the Compter and pitched on the prisoner immediately.

Prisoner. At what time time do you swear I was there? - When he was pulling up this board it was a little before eight in the evening.

Court. Mr. Kirby and you turned him out several times? - Yes.

How long had you seen him before you saw him pulling up the board? - I dare say I saw him two hours before and remarked him.

What distance of time might there be between the times you put him out? - Sometimes ten minutes, sometimes more.

(Mr. John Kirby who was with him confirmed Mr. Gates's evidence.)

MARY CROOK sworn.

When was your house destroyed? - I went out on Sunday; it was destroyed on the Monday. It is the first house out of Little Moorfields .

PRISONER's DEFENCE.

I was not there on the Monday night; I never was before a justice in my life.

(The prisoner called Ann Evans , with whom he lodged; Thomas Fortey , who had known him five or six months; and Solomon Stark , with whom he had worked twelve months, at different times, who all gave him a good character.)

GUILTY ( Death .)

Tried by the Second London Jury before Mr. JUSTICE NARES.

(The prisoner was humbly recommended by the Jury to his Majesty's mercy.)

415. RICHARD HYDE was indicted for that he, together with five hundred other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Richard Akerman , against the form of the statute, &c.

Mr. RICHARD AKERMAN sworn.

Do you know the person of the prisoner Hyde? - I do. He called upon me about five o'clock in the afternoon of the 6th of June; he knocked at the door and asked me if I had enquired of a prisoner about a crown which he had left with him, as earnest for a fiddle. I was agitated a good deal, having had an information that the mob was coming to visit me, I was packing up my plate; I told the prisoner I had been busy and was very busy now, and had not enquired of him. He d - d my blood, upon which I was going to strike him, but my niece laid hold of me and prevented me. He then ran on the other side of the way, held up his hand to me and said, You say you have been busy, you shall be more busy presently. He paraded about the street. I went in and saw no more of him.

How long was it after this before he was apprehended? - I believe it was the Saturday following, I took him myself in the Old Bailey.

About what time in the evening of that Tuesday was your house attacked? - I believe between six and seven o'clock. The house was completely destroyed that night in a short time; I was not there at the time.

Cross Examination.

His business with you was about a fiddle? - No, if I had tried to get five shillings of a prisoner for him, which he said I had promised to get for him. I believe I might say, I would try to get it.

MARY CLARK sworn.

I am servant to Mr. Akerman.

Do you remember putting to the window shutters of the parlour that evening? - Yes, I likewise barred the door, chained it, and bolted it with two bolts. Between six and seven o'clock; I was alarmed by the mob I was ironing; I ran and put up the shutters. The mob began to break the windows; we staid in the house till they broke the hall door open, and broke the lamp, then we made the best of our way over the top of the house, for they threatened they would do for me if they got in.

Which door are you speaking of? - We have only one door to the street, that was barred and bolted with two bolts. While I was fastening the door one of the fellows dashed the glass over the door into my face.

JOHN STEEL sworn.

I live at the Magpie, in Newgate-street.

Do you remember the Tuesday evening when Mr. Akerman's house was attacked? - Yes, I do; I saw the prisoner there, as I was going down the Old Bailey, on an errand for my father. Before I could get to Fleet-lane, I saw a parcel of people come with great sticks in their hands and great spokes of wheels. I went of my errand, and as I came back I saw the prisoner and another man with a long pole on their shoulders.

Prisoner. Look at me again, are you sure I am the man? - Yes. I staid a little while to see what they were going to do; I saw the prisoner at the sore part of the pole; another man came and took hold of the end of it, and the third man jammed it up against Mr. Akerman's furthest window, and broke the window shutters, and forced out the window frame. I staid a little while and saw a lad bigger than me in a blue jacket get in at the window. The lad in the blue jacket jammed his head against one of the shutters that was not quite down and pushed it down. Then I saw a chimney-sweeper's boy get in, and then the prisoner got in; he was the third person who got in. I went down a little farther facing Elliot's-court. I saw the prisoner go up into the one-pair-of-stairs, and I saw him fling some pictures with gilt frames, and other things out at the window. Then I went home and called my father, and did not see any more.

How long was it after this before Mr. Akerman's house was all in flames? - Not quite half an hour after, I believe.

Were there a large number of persons assembled upon this occasion? - The Old Bailey was quite full.

What did you take this pole to be? - I think a scaffolding pole, such as they put into the walls to hold the scaffolding up. It was too heavy for one man to carry.

- WOTTON sworn.

I am a stable-keeper. I live directly opposite Mr. Akerman's.

Did you see the prisoner there? - When Mr. Akerman took him I thought I remembered something of his face.

Prisoner. Look at me always while you speak? - I cannot positively swear to him.

Did you see any persons remarkably active in the mob? - I cannot say I did.

Do you remember Mr. Akerman apprehending any person? - I remember Mr. Akerman apprehending that man by the side of Newgate.

But you cannot say whether he was in the mob or not? - I thought at that time he was in the mob, and if he was he was the man who carried the pole, and put it up against the window.

How was the man dressed who carried the pole and put it up against the window? - He was dressed in soldier's clothes, and if that be the man his hair was tied behind.

Cross Examination.

You cannot undertake to swear that he is the man? - I cannot.

JOHN PITT sworn.

I am one of Mr. Akerman's servants. I remember seeing the prisoner on the 6th of June.

Prisoner. Are you s ure you know me? - I know him very well. At half after ten o'clock the prisoner came in with a great many more; he went backwards and got one of our cutlasses, which was drawn; he saw me, and said, d - n my eyes, here is one of Akerman's bloody thieves, let us do him first, and we will do Akerman afterwards.

How was he dressed at that time? - He had a red soldier's jacket on. I thought it had been a marine's dress.

You are sure the prisoner is the man? I am certain to the person of the man; I knew him well. Some body in the place took the cutlass out of his hand; he afterwards got a broomstick; then he with a number more went out.

For the Prisoner.

The counsel for the crown informed the court, that Dr. Monro having attended the court several days with great inconvenience to himself, he (the counsel) had consented to admit Dr. Monro's account of the prisoner's state of mind to be read. It was read accordingly. The substance of the paper was that the doctor was called to attend Mr. William Hyde (the father of the prisoner) about the latter end of October, 1771, who was then in a state of insanity, but his son (the prisoner) was perfectly sane. That in the year 1772, the doctor observed the son Richard Hyde (the prisoner) to be in a state of insanity, which in the space of a fortnight or three weeks encreased upon him extremely.

JOHN YETHERD sworn.

I am an embosser and a printer of woollen cloth. I have known the prisoner and his family ten or twelve years; his father is a man of considerable property.

Have you known Mr. Hyde, the prisoner, much these twelve last years? - I have known him at intervals; I always looked upon him as insane, and his actions have demonstrated that he was so.

Have you seen his father lately? - Not for three or four years; I understand he is in confinement.

His uncle, I believe, too, is insane? - I have heard so.

Prisoner. It is a mad family; they drove me mad by sending me to Bridewell.

Yetherd. Prior to this affair I have always told my friends that I understood him to be insane.

Cross Examination.

How has he lived these two or three years last past? - I have heard his father allowed him a guinea a week.

What the insane father allow him a guinea a week? - Yes.

Have you looked upon him as a man who could distinguish right from wrong? - At intervals I have.

But there has been a difference in him in your observation at times? - There has.

Sometimes you looked upon him to be in this condition, at other times as having reason enough to guide him? - I have so.

Prisoner. I beg to ask that gentleman a few questions. Do you recollect my coming to your house about the 15th or 16th of May? - I believe I do some day or other.

And that I asked you for two half-guineas for a guinea? - You did so.

And then I left you? - You did so.

You never saw me again after that? - No, not till the day this affair happened. I saw him the day of this affair at five or six o'clock in the evening; I said, what are you just come out of Bedlam? I did not at first recollect him till he spoke to me, he was so much changed with his dress, and one thing or another.

Court. Was he with the mob there? - He was in the mob as well as the rest; he was talking with a soldier; a friend of mine said who is that fellow you was talking with? I said, I believe he is a mad man; he has been so, and I think he is so now, he was so strangely dressed.

Prisoner. It is a queer dress I have got now.

WILLIAM FAULKNER sworn.

I am a haberdasher in Bishopsgate-street.

I believe you know the father of the prisoner? - No, I never was acquainted with the father of the prisoner.

What is the father? - I always understood the father was a corn-factor.

Have you known the son the prisoner? - I have.

Did you think him a man out of his mind or of a sound understanding? - I always conceived him to be a man out of his mind; I have often said so, and was so well convinced of it that I thought his friends highly to blame in not confining him; the last time I saw him was, I believe, about two months before this affair; he was telling me some circumstances of a transaction; I observed to some persons I thought he was going into his old way, meaning by that into insanity.

Cross Examination.

Sometimes, you say, you have considered him as a man distempered in his understanding? - I have at times.

Have not you at other times considered him as a man of remarkable good sense and quickness? - I have often said that I thought him a man of good sense at his lucid intervals.

When he was not distempered he was remarkable for his quickness and good sense? - I thought that he was a very sensible man.

During these last two months you have not known what the state of his mind has been? - I have not seen him since that time.

Dr. COMBES sworn.

How long have you known this unfortunate man? - I came to England with him eighteen or twenty months ago; I have seen him twice within that time. He called upon me the 19th of last May, and his behaviour, looks, and conduct, indicated him to be mad, insomuch that, in a little diary I keep, I took down that he had called upon me and was very flighty in his behaviour; his whole conversation was wild and incoherent; and I was exceedingly distressed for him.

Do you know any thing of his family, what persuasion are they? - I have heard they are Quakers; I do not know his father.

Justice HYDE sworn.

You are not the least related to the prisoner? - No.

Do you remember his being before you and when it was? - He was brought before me on the 29th of May last, upon suspicion of robbing a coach yard of some coach glasses, and a hammer cloth; I believe a night or two before that the coach yard had been robbed of those articles, and on the 28th in the evening he was found hid in a coach, and they put him in the watch-house.

Did you look upon him to be a man in his senses at that time? - Certainly so at that time; I committed him for further examination for three or four days; he wrote me several letters; my house was destroyed and every thing in it, or I could have produced them; he was very sensible.

Did not you discharge him from this cause? - I discharged him for want of evidence, if I had discharged him for insanity I should have sent him to the work-house.

CATHRINE DAVIS sworn.

I have known Mr. Hyde four years.

What has been his conduct? - A very bad one in regard to madness; I saw him on the 6th or 7th of June, he was then very bad indeed; it was either the Tuesday or Wednesday, but I am almost persuaded it was on the Wednesday; he had an old grey coat on, a flapped hat, which was covered with paint. I asked him where he was going? He said to pay his addresses to some noblemen. I said you will never go to noblemen with that hat? let me take it off and dry it for you. He said, No, you are a fool; my hat is blue; it is the colour of the heavens; I would not have it dried for the world. He had a very old great coat on. He said I did not understand what was genteel. I asked him if he had dined? He said he had not. I asked him if he would eat a bit of lamb? He said, If I would shew it him if he liked it he would eat it; when I shewed it him he took it into his fingers and drawed it through his mouth in a very indecent manner; I fetched him a pint of beer; he drank once and then tossed the beer on one side; he pushed the pot away in a cross manner. He said, I have tasted it once, I must taste it three times; it is against the heavens to drink only once out of a pot.

Prisoner. That was foolish, sure enough, for if a man was dry he would drink as hearty as he could, though I have heard that supping quenches the thirst best.

Davis. He drank twice more out of the pot, but very little; he then asked me If I had got any message cards in the house? I told him I had not. He said If I had no message cards would I give him some playing cards? I said I had some but they were very dirty. He said, I must give seven or five to a nicety; he wrote upon them four or five different noblemen's names; cut them into square bits, as big as two fingers, and said, he was going to them; he wrote Richard Hyde , Esq. on every card. He said, if he could not see them he would leave the cards; but he said he was persuaded that he should see some; he went away about seven o'clock.

Prisoner. Who did I tell you I was going to see, what noblemen? - I do not remember what nonsense you said.

Prisoner. The Duke of Richmond's porter said I was an impudent fellow and would not take it in; when I went to Lord Nugent's the man bid me write down; I sent to Lord Stormont, he sent me his answer, sealed with his coat of arms, and the king's messenger brought it; it was his compliments and would be glad to see me directly; he forgot I suppose that I was double locked and hand-cuffed, and under a stout man, named Richard Kirby ; one man swore I was in four or five places at once, another swore my name was Richard Hyde ; I was never christened in my life; my father gave me a true name, it began with an S, and then a D, and then an H; how the Devil can you make Richard out of that!

Cross Examination.

Where do you live? - In Bedford-court, Covent-Garden.

Are you an housekeeper there? - No; I have a first floor there; I have lived there four years, at a cutler's.

Do you follow any business there? - No; I have a friend, who was an acquaintance of Mr. Hyde's, whom I live with.

Did he appear to you to have been drinking that day? - He was not at all in liquor; he was remarkably poor; he had not an halfpenny in the world; he said he had not tasted any thing all the day.

Prisoner. This is a curious way of trying people without any commission; they won't let me go to the privy counsel, because they know I should tell the truth.

JOHN UNDERWOOD sworn.

I am a grocer in Bishopsgate-street. I have known Hyde more than seven years.

Do you look upon him to be a man subject to insanity? - At different times I have seen him insane.

What was the last instance you recollect of insanity? - About five or six weeks ago I was at Dr. Butler's Head, in Coleman-street, he came there, as he frequently had done, to see me; he sat down, and called for some rum and water. He turned round to me and said Jack, you know they said I was an Atheist, but I believe in God the Father, God the Son, and God the Holy Ghost; repeatedly striking his feet and knees; then he asked several people who were there how old they were, and he cast their nativity; some he said had two hundred and forty years to live, some three hundred. He took out a pencil, made marks, and summed up figures; he said, Sir, you will live so many years, you will live so many years; and that is philosophy.

Prisoner. So they might live three hundred years if they knew how to live, but they gorge themselves like aldermen. Callipash and Callipee kills half the people.

Do you know the father of this young man? - I have no acquaintance with him; I have seen him at his uncle's.

The family are Quakers? - They are.

You do not know what the rank and situation of the father is? - I know he is a man of a genteel estate.

Do you know his uncle? - Yes.

Has he been in a state of insanity? - I do not know as to insanity; he has been extremely low and melancholy.

Prisoner. I am raving and they are melancholy; that makes a junction in uno - Mr. Underwood, when I lodged with you, do you recollect a circumstance of my going to burn a bible? - I was not present, but I believe he did.

Prisoner. Did not I pull you three times by the nose for calling me unprincipled scoundrel, or the like? - I believe you might.

Prisoner. Did not you strip yourself stark-naked upwards in order to sight me? - I did.

Prisoner. And did not I give you two black eyes? - You did in the upshot.

Prisoner. Now I would have you answer me one more question upon your oath, that is, whether you did not practice at a bag of sand in order to be able to beat me. You know you took me before Mr. Wilkes, and Mr. Wilkes said you had taken the law into your own hands, and there was no remedy for you. You was, you know, to have been a common council-man but on account of this you turned an Anti-Wilkite, as I did an Anti-atheist.

Mr. RICHARD KIRBY sworn.

You are the keeper of one of the Compters? - Yes, of Wood-street.

I believe this man has been committed to your care? - I brought him here this morning.

What is the situation of his mind? - I have seen him in general as he is now; he was brought to me on the 18th of May very genteelly dressed. I had not seen him for some time before; I have known him these ten or twelve years. When he was brought to me; he did a great deal of mischief; we were obliged to handcuff him. We knew him extremely well. Mr. Holder and the other gentlemen had him discharged; they said what can we do with a madman. I always looked upon him to be a madman; he came to me, a few days after, in a marine's coat.

Counsel for the Crown. If any means can be devised to secure the prisoner from going at large, I shall for my part wish to stop the prosecution. Is there any body here who is acquainted with the family.

Prisoner. They say my father is dead; if he is, there is money enough for me; if he is not there is money enough for us both. He had reduced me to half a guinea a week, because I kept two women instead of one. I do not know whether I am right or wrong. Mr. Kirby and his wife are very good polite people, and have very good accomodations, I shall be glad to go there. But I hope I may be permitted to make my defence as well as other criminals.

Counsel for the Crown. I consent, without your making any defence, that you shall be acquitted.

Prisoner. then I may put my pen and ink away.

NOT GUILTY .

(The prisoner was delivered to the care of Mr. Kirby.)

Tried by the Second Middlesex Jury before Mr. Justice NARES.

416. JAMES JACKSON was indicted for that he together with five hundred other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Richard Akerman , against the form of the statute, &c.

JOHN LUCY sworn.

I am an hair-dresser, in St. John's-street, Clerkenwell. On Tuesday the 6th of June in the afternoon I was at Westminster; about the hour of five o'clock, as near as I can recollect, I observed a very large mob in Palace-yard, and a very great tumult; a party of horse rode amongst them; as I was informed, by the order of Justice Hyde; the prisoner hoisted a black and red flag, which was upon a pole; he stood the next man to me, or next but one. He cried Hyde's house, a-boy; he was seconded by several of the mob. They proceeded immediately there; I followed at a distance. I had known the prisoner some years, which made me take the more notice of him.

What is he? - A sailor I believe for the latter part of his life; the mob followed him, and I followed him at a distance. I saw the flag at Charing-Cross; I followed into St. Martin's-street, where I understood Justice Hyde's house was, and the mob followed the flag to Mr. Hyde's house. I do not lay any thing to the prisoner's charge that he did there, only walking through the mob; they staid there near an hour, as near as I can recollect; the prisoner still had the flag. Then he cried out Newgate, a-boy; that was about six o'clock, as near as I can recollect; he went down Orange-street coming towards Newgate; great numbers of the mob followed him. I went into Leicester-fields and staid some time; I then made the best of my way towards where I live in St. John's-street, Clerkenwell; when I came into Holbourn I was informed the mob was just gone by to Newgate. I went there, where I observed the same kind of flag at a distance; I saw the people attempting to break in at Mr. Akerman's windows; the flag was prety near, but I could not see who had it; I was opposite Mr. Akerman's house; the flag was close to Mr. Akerman's house; I continued to see the flag at a distance till the house was entered.

Did you see any other flag of that kind there? - No; after the goods were all thrown out I saw the prisoner at the bar inside the house waving the same sort of flag out of the parlour window next the Sessions-house; the windows were then all broke away.

Are you sure that it was the prisoner? - I am sure it was the prisoner; I have known him fourteen years; I had a distinct view of his person; it was very light and I had a full view of him.

At that time they had, I believe, demolished a great part of Mr. Akerman's house? - They had demolished the goods and the window frames.

And the door? - They had broke in at the door, I do not know that they had demolished the door.

When did you first give information against the prisoner? - The Thursday following, to Mr. Bond who keeps the tap at New Prison; Mr. Bond told me I had better stay a few days, it was not safe yet to take him into custody.

Cross Examination.

It was not Mr. Bond at Sir John Fielding 's whom you gave the information to? - No, his brother.

You are the discoverer of this? - Yes.

And you are entitled to the reward? - No; I do not expect any reward.

When did you give any information to the magistrate? - There was no magistrate sitting at that time till the 12th; then he was taken up and carried to the Artillery Ground.

Did not the magistrates act every day? - I understood they did not at that time.

Do you mean in London or Middlesex that the magistrates did not act? - In Middlesex.

How large was the flag? - About a yard square.

How high was the pole? - About two feet perhaps above their heads, but I did not take particular notice.

Jury. Was the flag so much above the mob that they might see it? - Yes.

Did they appear to be led by it? - Yes.

How was the man dressed? - In a brown coat, a round hat, a checque shirt, and a pair of long trowsers.

Did you see no other flag at Newgate? - No.

At what o'clock did you see him at St. Martin's-street? - I think between the hours of five and six; it was about six when they went off. I saw him at Newgate at near seven o'clock; I think it was a little before eight when I left the place.

Have you ever been into the prison since he has been there to look at him? - I went there about a little business, but I did not see the prisoner there.

Did those who were with you see the prisoner? - I believe one of them did. I have had some threatening letters about this business.

Did not some other persons go with you? - One James Bayes did; I went to see Mr. Bond, I did not see the prisoner; I believe he did.

Court. What did Bayes and you go there for? - Bayes came to me and told me he knew the same person who carried the flag.

And you went to know whether the person Bayes had seen was the person you had seen? - I had described him to him; he knew him before, but did not know his name.

JAMES BAYES sworn.

I work for Mr. Price, a tinman, in Holbourn; I follow lamp-lighting. At rather more than half after six o'clock, while I was standing at my master's door, which is two doors from Fetter-lane, I saw the prisoner come by with a blue and red flag. I went to the prison with the last witness; Lucy did not go in; but I pitched upon the prisoner as I saw him through the wicket.

What number of people were there in Holbourn? - I believe two or three hundred people followed him; I followed them to St. Andrew's Church; the prisoner stopped a little bit there, while the others came up, and while they drank some beer; when they stopped he said Newgate, a-boy; he then waved the flag and went on; I saw no more of him; I went to my work.

Are you sure the prisoner is the person? - Yes, I am; he had a round hat on, a yellow Barcello handkerchief, a brown bath coat, and a pair of long trowsers.

You did not observe his shirt? - No.

Cross Examination.

When was you examined by the magistrate? - I was examined at Hick's-Hall; I was not examined when Lucy gave the information.

How long have you been acquainted with Lucy? - I have known him two years; we were not much acquainted; I used to see him some days, as I go by his door, two or three times a day. I acquainted Mr. Dickins of it, and he acquainted Lucy.

How long was that after the proclamation of a reward? - I know nothing of the proclamation for the reward, I don't do it for that; I did not know he was taken up.

Did you see more than one flag in Holbourn? - No. I was talking with Dickins, and I said I saw a man with a flag go down Holbourn; I described the prisoner to him; he told it to Lucy; and Mr. Lucy called upon me, and desired me to come to him the next morning.

Jury. Did Lucy help your recollection? - No.

Nor was not with you when you pointed him out? - No.

Had the prisoner the same clothes on when he was in New Prison which he had on in Holbourn? - He had not the trowsers on.

Did not Lucy and you compare notes before you went? - No.

You did not know him before you saw him in Holbourn? - No.

Are you sure the prisoner is the man you saw in Holbourn? - I am.

You did not observe his shirt? - No; his handkerchief was tied round his neck I could not see his shirt.

CHRISTOPHER PARKER sworn.

I was at Mr. Hyde's house when the mob were there; I was overtaken by the mob at the end of Hedge-lane as they were going to Mr. Hyde's house.

Did you hear a person with a flag say any thing? - I heard a person, but I do not know him, cry a-boy for Newgate; there were three flags; one a green silk flag with a motto, one was a black flag with a red cross, the third flag was the Union.

Did you observe the persons bearing the flags so as to know them again? - No, I could not.

Cross Examination.

Did the cry a boy for Newgate come from one person only? - I heard it from more than one.

WILLIAM DICKINS sworn.

I am a constable of the Parish of St. James's, Clerkenwell; I apprehended the prisoner on the 12th of June.

What clothes had he on when you apprehended him? - A brown coat, and white breeches; his coat was buttoned; I cannot say what stockings he had on. I found a pair of trowsers in his lodgings.

Jury. Had he an hat with him? - Yes; I cannot recollect whether it was round or cocked. Lucy gave information of him; I knew him and his father before; I saw him come from his father's; I did not choose to take him in the neighbourhood; I followed him to an house in Compton-street; I did not know that he lodged there; I waited till he came out and then took him in Woods-Close.

Cross Examination.

You and Lucy live in the neighbourhood of the prisoner? - Yes.

You knew he wore trowsers openly? - I have seen him in trowsers.

You found him publickly in the street? - Yes.

Justice HYDE sworn.

On the 6th of June I saw the prisoner in Palace-yard; he was exceedingly daring and impudent. He lifted up his fist several times.

Had he any thing in his hand? - No.

Did you see such a flag as has been described? - No.

PRISONER's DEFENCE.

I am innocent of the crime I am charged with. I had been ill of a fever some time and was totally unable to carry a flag, or even to walk with the mob. The prosecutor has sworn I had a cheque shirt and trowsers on; I had neither cheque shirt nor trowsers on, nor did I leave work till six o'clock at night, when I went to my brother's lodging in Compton-street, and ate a bit of bread and cheese and returned to my father's to work, till six o'clock; then I went to Cloth Fair to buy a file, and returned to my brother's; my brother's wife came home, and a man who carries milk for him, says he, Jim, Newgate is on fire by G - d. I said, that is false, for it is all stone. I had promised to go to the King's-Head, in Newgate-street, to drink a pint of beer with my brother, who is a printer; unfortunately I went. The people as I was going along, said, Newgate was on fire. I went down with the people, and staid some time. I went to see for my brother, but could not find him. The prosecutor came on Friday, I think it was, to look at me, as they pretended something was amiss with my irons; they viewed me; there was nothing amiss with my irons, and then I went back.

For the Prisoner.

JAMES CLARK sworn.

When the the mob came down Holbourn, on the 6th of June, I stood at the steps of St Andrew's-church, and saw the mob; I took particular notice of the man who carried the flag; I am certain the prisoner is not the man; that man was more lusty, of a fair complexion, and pock-fretted; he had to be sure a brown coat but he had no trowsers on.

Cross Examination.

What are you? - A serjeant at mace. I belong to the Compter. I never saw the prisoner in my life; as to his being the person who carried the flag, I am sure he is not.

Do you know the prisoner at the bar? - No, I never saw him, I do not know his name now.

What time was this? - Six o'clock to the best of my knowledge. I came down Turnagain-lane to avoid the mob, and came down Breakneck-steps; the mob over-took me, and before I had got up there they had reached Newgate.

Was there any body with you? - Not that I know of.

You did not see any body you knew? - No, I cannot recollect any body.

Jury. What kind of flag was that? - A dirty looking flag; black and red; it looked as if it had been taken out of the kennel.

Jury. Who applied to you to give this evidence? - Nobody at all, only being here, I made mention, as the witnesses were giving their evidence, that I thought it was not true.

How near was you to the flag when you was on the steps? - As near as to the back of the jury box.

Did you follow it with your eye at all? - I did not stop at all; I stood till most of the mob past me; I heard them say they were going to Newgate. I went up Turnagain-lane, and went up Breakneck steps, thinking to get to Newgate before them; but they got there before me.

Did you then go your way or come opposite to Newgate? - I went to Newgate.

Counsel. When you came to Newgate did you observe the same man you saw with the flag in Holbourn? - I cannot say, I saw the flag at Newgate. I saw a man with a pick-ax at Mr. Akerman's door.

Court. Can you describe the colour of the flag? - It was black and red or black and blue; it was a dirty looking flag.

Did you see more flags than one? - No.

HENRY JENNINGS sworn.

I saw the man with the flag in Holbourn, at the back of Middle-row. I took particular notice of him.

Is that the man at the bar? - He is not. It was a tall, stout man; he had a dirty brown great coat on, a new shirt, his breast was open; and he had a pair of long trowsers. His skin was a copper colour with dirt and nastiness. I am certain the prisoner is not the man who carried the flag.

Cross Examination.

What are you? - A bookseller in Middle-row, Holbourn.

What sort of flag was it? - A silk blue flag taken out of St. Giles's; there was one flag with a red cross on it. There were two flags, one was silk with a coat of arms. What arms I cannot say it was a green ground. The other was a very dirty flag; I should think it had been blue, but it was so abused by the weather. I could hardly see what colour it was

Are you sure the man who carried the dirty flag had a pair of long trowsers on? - Yes.

Do you keep a shop in Middle-row? - I do. They took the green silk flag from a publick house in St. Giles's. What coat of arms it was I cannot say; nor will I say whether there was a motto or not.

You took particular notice of the person who was carrying the dirty flag? - I took notice of his face.

Had he trowsers on? - I think he had not but I will not take upon me to swear that he had not.

Did not you swear he had? - I think he had not. I know he had a brown coat on; he had a dirty ragged great coat unbuttonned. His face was very pale.

- JACKSON sworn.

I am brother to the prisoner.

Do you remember seeing your brother on the afternoon of the 6th of June last? - Yes.

Be careful what you say, remember you are upon your oath. Where was it you saw him? - By Hick's Hall, about the hour of six in the afternoon; he was dressed in a brownish coat, a whitish waistcoat, and white breeches.

What shirt? - I cannot say. I saw him at a distance, going up in a hurry to Cannonbury-house.

Was you in court when the prisoner made his defence? - No.

ANN GILL sworn.

I am servant to Mrs. Jackson, a milk-woman, with whom the prisoner lodged.

Not the prisoner's wife? - No.

Where does your mistress live? - In Compton-street, Clerkenwell. On the night when Newgate was burnt, the prisoner was at our house at three o'clock in the afternoon. He staid about three quarters of an hour. He came again between six and seven o'clock, and staid till past eight, and ate a piece of supper before he went out.

How was he dressed? - He had black stockings, white breeches, waistcoat, and shirt.

Cross Examination.

Who is your mistress? - Mrs. Jackson, she is sister-in-law to the prisoner.

What made you take such particular notice of the time? - Because the people came and said Newgate was on fire.

How came you to know the exact time of the prisoner's coming in and going out? - Our carrier comes at three o'clock and goes out about four, and then comes between six and seven; and the clock struck eight before she came home.

Any other day have you been exact to the time of the prisoner's coming in and out? - Yes, mostly when the carrier is at home we do not go to dinner till between three and four o'clock.

Was he at home in the morning? - Yes.

What time did he go out or come in in the morning? - I do not know.

ESTHER HENSAW sworn.

On the day when Newgate was burnt I remember seeing the prisoner at my mistress's when I came down with the milk about three o'clock. I went about a quarter before four and left him there; I returned home about a quarter or half after seven; I found him at home; then I went away at past eight o'clock, and left him at home.

You are a milk-carrier? - Yes.

Cross Examination.

Where do you live? - At Islington.

Where did you see him that afternoon? - At my mistress's in Wood's-close.

What room was he in? - The kitchen where we live.

Has he a room of his own there? - Yes, he lodges there, he and his wife, in the two-pair-of-stairs; I found him in the kitchen both times.

Are you sure he has a wife? - Yes.

THOMAS HALSTON sworn.

I have known the prisoner from his infancy. I never knew any thing to affect his character before this time; he used to work with his father at watch-wheel cutting. I lived next door to him.

Has he been at sea? - Once. I am not speaking to his character for this twelvemonth.

Has he been ill? - I do not know that.

JAMES WHISKIN sworn.

I have known the prisoner from his cradle. I never heard any thing bad of him till this affair.

He always bore a good character? - I never heard to the contrary.

What are you? - A glazier.

Have you known the prisoner lately? Not within ten or twelve months; he has been at sea; I have not known him since he returned.

SARAH FITTER sworn.

I have known him from a child; the last time I saw him was the day Newgate was on fire; he had a pair of black stockings on, a white shirt and white breeches, and the same dress he has on now. I have lodged in his brother's house eight months.

Do you know of the prisoner having been ill before he was taken up? - He came out of the country very ill.

And was weak in consequence of that illness? - Yes, he spit blood for a good while.

EBENEZER JACKSON sworn.

I am the prisoner's brother; he had been ill of a fever some time; he had not been out but a day or two before Newgate was burnt down.

(The prisoner called William Hawkins who had known him eleven years. John Groff fourteen years. - Redman between three and four years. Mary Tuffnell three years. Eliza Davis nine years, and six other witnesses who had known him from a child, who all gave him a good character.)

GUILTY ( Death .)

Tried by the First London Jury before Mr. RECORDER.

417. THOMAS BAGGOT was indicted for that he together with one hundred other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 5th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Mary Crook , widow , &c.

Mr. THOMAS GATES sworn.

At about six o'clock, on Monday the 5th of June, I saw the prisoner very busy among the rioters at Mrs. Crook's; he was helping to pull up some of the joists of the house; I admonished him to get away. I knew him before. I said you skin gathering rascal, get away, or I will take you up some time or another. He seemed a good deal stupified with liquor; he did desist at that time, but I could not get him out of the house. I could not particularly attend to him afterwards among such a multitude.

You are perfectly sure to the person of the prisoner? - Yes. I have seen the boys after him in Newgate-market making game of him; he is almost an idiot; I know him to be very weak. He used to gather skins in the market.

How long did you observe the prisoner there? - For two hours.

For the Prisoner.

JOSEPH GREGORY sworn.

I come to prove the prisoner was at work with me on the Monday; he came about nine in the morning; he continued with me till eleven o'clock at night.

Court. I caution you to be careful what you say? - I am very careful, and very sure he was employed in the yard till dinner time.

What did you employ him at? - Jobbing at the skin-market in Wood's-close.

What Monday morning was that? - The first Monday in June the 5th day of the month; he never went out of the yard till he went out with me between four and five o'clock in the evening; he went with me about Newport-market, St. James'-market, and Oxford-market to fetch sheep skins, and was with me till we came home to my master's at ten o'clock; he went down to my master and had a shilling of him for his supper. My master is Mr. Morgan Austin; he is a salesman, and deals in sheep-skins. We did not come into his gates till past ten o'clock. The last market we were at was Bloomsbury-market; that was about half after nine o'clock. My master is in the country now.

THOMAS ISAACS sworn.

Mr. Austin has attended here every day to prove what this man has said; he left a book with me last night to prove he paid him money that day.

Cross Examination of Gregory.

How came you to be so sure of the time? - I am certain to the time; he was taken up soon after. He is a poor foolish lad, he will work sometimes, but when he has got a few halfpence in his pocket he will not work.

How happened you to come here as a witness? - My master said I was to prove the time he was with me to serve a friend, not to forswear myself.

Mr. Gates. His mother and another woman offered to swear at the Mansion-house, that he was ill on the bed all that day; that he was ill in bed both Monday and Tuesday.

ELISABETH ALDIN sworn.

I work for Mr. Austin. The prisoner came to work at nine in the morning and worked with me down the yard till one; then we went to dinner; he returned from dinner, and was in the yard till five o'clock and then he went out with Gregory to gather skins.

(The prisoner called John Woolley , a cheesemonger, who had known him from his infancy; Joseph Hands , fourteen years, and - Dawson, eighteen years, who gave him a good character; and further deposed that he was weak in his understanding; was at times insane, and when he had drank a little liquor, did not know what he did.)

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

419. JOSEPH FARRINGDON was indicted for that he together with forty other persons and more, unlawfully, riotously, and tumultuously did assemble on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Cornelius Murphy , against the form of the statute, &c.

(The counsel for the crown informed the court that they had no evidence to bring the charge home to the prisoner, except an accomplice in the crime.)

NOT GUILTY .

420, 421, 422. THOMAS PRICE , JAMES BURN , and JOHN THOMPSON were indicted for that they, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of John Bradbury , against the form of the statute, &c.

JOHN BRADBURY sworn.

I keep the Crown, a publick-house, in Golden-lane . On the 7th of June, at about two o'clock, fifty or more people came to my house armed with bludgeons; Price was the second man who came into my house. I know all the prisoners; I believe Burn was the next; the first who came into the house is not taken up. Thompson came into the house with a bludgeon in his hand; Burn and Price went up stairs.

Did you see Thompson at the time when you first saw the other two prisoners? - I did not; the mob broke the bar windows, and a little window in the front, frames and all; then they went up stairs and threw some bolsters and chairs out at the window, and a glue pot, which I use sometimes; they broke the glass, frames, and sashes, and all out of that room; then they broke out part of the wainscoting in the two-pair-of-stairs, and all the locks off the doors.

Did you see any of the prisoners do any thing in the house? - I saw Price and Burn but not Thompson, assisting in breaking the windows and the sash frames. I was up stairs with them; when I came down I saw Thompson in the tap-room; he demanded a glass of some spirits of my wife, but what spirits I cannot tell; she gave him a glass.

Did he pay for it? - I saw him drink, but I did not see him pay for it.

How long were the mob in the house? - They continued till between three and four; they came about two.

Did Thompson appear to be in the company of the others? - I did not see that he was in the company of the other two prisoners.

Cross Examination.

Have you ever said you would make good your loss by rewards? - No.

Did you know all the prisoners before? - I knew Burn very well, I do not know that I saw Price before.

Did not you know he lived in your neighbourhood? - No; he may have been in my house, but I do not know it.

Was not you very much frightened? - To be sure I was.

You only saw him as he passed by you, and you was very much frightened? - I saw him before at Mr. Lynch's, that night at about twelve o'clock. A gentleman desired me to give them a gallon of beer for them not to burn the goods there. I knew him again when he came into my house.

Might not you be mistaken in the person, when you say you saw him come up the second person? - I was with him in all the rooms of the house; I am sure he is the person.

Did you first inform against him? - I did not know it till I was sent for.

Are you sure the three persons at the bar are the persons of whom you have been speaking? - I am sure.

CHARLES LEE sworn.

I lodged at Mr. Bradbury's, in Golden-lane; I was there at the time the mob came. I took particular notice of two persons.

Which two? - Those two (pointing to Price and Burn.) Thompson I know nothing of. I saw the mob come to Mr. Lynch's, the next door but one; I heard some of them, but I do not know which, say, the next shall be Mr. Bradbury's. I went to Mr. Bradbury's and said, for God's sake! remove what goods you can. I got some acquaintances to help me away with my goods; they had done at about a half after one, then they came to Mr. Bradbury's house; I begged and prayed of them, when they came to Mr. Bradbury's house, and I hung out a blue ribband and told them there was 10 Popery. I brought down a large church-bible I had; I went into the street and held it up and said, This is my religion; here is no Popery; for God's sake do not pull the house down; they made a ring and swore me to my religion; there were pails and barrels full of beer in the street, and they drank very freely; then they went into the house and had liquor at the bar; then a tall lamp-lighter went upon the stairs and said, Blast you, come along, and let us go up stairs and see what is there; the mob followed him. I went up stairs, I suppose I was the third who went up; when they came up the first pair of stairs they saw the bed-steads, the beds were removed. They said Blast their eyes, there is Popery here, else they would not have moved; then they began to break the windows; then they went from the one-pair-of-stairs into the two-pair-of stairs to my room; when they were in my room there was only a case of a chest of drawers left; they went to stamp out the partitions of the case of the chest of drawers; and then they broke the windows and part of the window frames. Price and Burn were into my room and in every room of the house assisting in doing the mischief. I stopped their hands several times and said, they did not know the consequence; they had bludgeons in their hands; there was a door between Mr. Bradbury's lodging room and mine, they burst that open and broke down part of the partition; they they proceeded into the garret; the tall lamp-lighter began breaking the windows in the garret, and then looked out at the window, pulled off his hat, and huzza'd, No Popery! There was a box locked, they broke it open; there was a fiddle in it; there were eight hands, I suppose, in the box at a time. Bradbury took up the fiddle and music books; they broke the garret windows. Then they came down into the club-room, and broke the chairs, and threw the things out of the windows into the street.

Are you positive to Price and Burn being there? - Yes; they were in the house from the top to the bottom of it. I went away with my wife and children.

Cross Examination.

You saw the first who went into the house? - No; the first who was on the stairs; I cannot tell who went first into the house.

Where was Mr. Bradbury when they came into the house? - I do not know; the second time I saw Price was about three or four days after in Clerkenwell Bridewell; they took me to see if I knew him; I described the colour of his coat and his hair, before I saw him.

Can you recollect how often you saw him? - Why should I recollect that; can that counsellor prove that he was not there, then I have done. My lord have you done with me?

Court. Not while the prisoner's counsel has any questions to ask you; you must answer that gentleman.

Counsel. How long after was it you saw Price in Clerkenwell? - I do not know, it might be two or three days.

ROBERT REMINGTON sworn.

I was at Bradbury's at the time the mob were there. I knew Burn and Thompson; they were in Bradbury's house; I saw them go up stairs and throw the chairs out at the window; Burn pulled off his hat and balloo'd No Popery! the chairs were taken and broken to pieces.

Did you see Thompson do any thing; - He was in the house but I did not see him do any thing; they made Bradbury show his books; after the things were destroyed at Lynch's house they went back again; that was about half after one, and began to throw the furniture out; they left the house at near two o'clock. Thompson went up one-pair-of-stairs, and then to the two-pair-of-stairs.

Was he there as one of the mob, or as a spectator? - I did not see him do any thing, he was talking about religion on the outside of the door.

Cross Examination.

Was you there all the time the mob was in Bradbury's house? - Yes, I stood opposite.

Did you know Price? - Yes.

You did not see him there? - No.

If he had been there must you not have seen him? - Yes.

Do you know where Bradbury was when they first went into the house? - I believe in the house.

Do you know where Burn was when the mob rushed into the house? - I went into the house with the mob myself and saw Burn go into the house.

How many were gone in before Burn? - A great many; there was a great mob round the door.

If Price had gone in at the same time you must have seen him? - Yes.

Price lives in that neighbourhood? - I believe he does; his father lives in Golden-lane, and keeps hogs.

MARY CROSLEY sworn.

I was at Bradbury's when the mob was there; I was coming by at the time. I saw James Burn in the one-pair-of-stairs room; he was looking out at the window and throwing a great many chairs out; when the mob came about the door, he pulled off his hat and cried, No Popery! I saw Price in Lynch's house.

(Price called Ann Savage , who had known him upwards of three years; Elisabeth Woodbridge , six years; Mr. Henry Avers , with whom he lived servant; William Wiley , who had known him between ten and eleven years; Robert Miller between thirteen and fourteen years; Jane Castleday , a great many years; Ann Useless , and John Castleday , who had known him from his birth, who all gave him a good character.)

(Thompson called John Holland , who had known him a dozen years; Charles Lockwood , four or five years; Francis Bailey , four years; and Alexander Young , who had known him two years, who all gave him a good character.)

(Burn called John Clarke who had known him ten years; Phabe Fisher five years; Edward Jesson , a great many years; and Edward Hale , near twelve months, who all gave him a good character.)

PRICE GUILTY ( Death .)

BURN GUILTY ( Death .)

THOMPSON NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

423. JONATHAN STACEY was indicted for that he, together with twenty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 5th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Richard Dillon , against the form of the statute, &c.

JAMES CROSSLEY sworn.

I am a clock-maker, and live at No. 29, in Christopher's-alley, Moorfields. Mr. Dillon's house is in White's-street, Little Moorfields, between Little-Moorfields and Grub-street . On the 5th of June, at about nine o'clock in the morning, I took a walk across the fields to see the damages which had been done over night. When I came there I saw the prisoner, with a few boys, first on the roof of the house. It was then about nine o'clock in the morning; there were then many people in the house tearing the inside of the house down. The prisoner began pulling the tiles down and throwing them into the street; after they had cleared a good part of the tiles away, they threw the lead down, and then took each a piece of timber which the lead was nailed to and pushed down the parapet wall, till it was even with the lead, then they shoved the lead of the gutter off into the street; it was a very great weight. I went home then, and returned again in about half an hour. As I was going on an errand to Temple-bar, I saw the prisoner still at work upon the house. The mob were upon several parts of the house throwing and tearing down the timber; I looked at them for the space of an hour. I heard a mob in Grub-street talk of going to demolish an house in Christopher's-alley. I thought it then more prudent to return home, and so I went back again. As I was going home I saw the prisoner at Mr. Dillon's house, taking down a large window, which was difficult to pull down. The principal piece of timber, which went from one wall to the other, four of them took hold of it, the prisoner was one; he took hold of it, and broke the garret room in the middle. One was a barber, another appeared to be a jack tar, and the other was a twine spinner. They took hold of it in the middle and swayed it till they broke it in two, which brought down all the roof together into the street; that was all I saw the prisoner do.

Who gave information about this prisoner? - I went to work in the afternoon, and told my shopmates, that I saw the prisoner Jonathan. We made a joke of it; it came to Mr. Taylor's ears. Mr. Taylor's and Mr. Dillon's houses were both beset.

Did you know the prisoner before? - Yes, I have known him four years. It passed on till Wednesday, then, when I was going to see the ruins, some part of the mob said, d - n it we will have the clock-maker's house down next. That is the man I work with. I sent one of his apprentices to tell him that the mob were going to destroy his house. We sent word we would come into the house one by one backwards; we did so. There were a great many of the mob in the shop; they found we were too strong for them; they did not manage it that night nor the next day. On the Friday it began to be rumoured about, one of the apprentices told our master what I had seen the prisoner do. The neighbours had determined to prosecute all they knew who were concerned. My master asked me if if I had seen the prisoner, and what he was doing; I told him. He said he should be taken up. Some time after that I was called down out of the shop; there were three soldiers; they asked if I was the man who was to show them the prisoner. Then they bid me walk before them, and deliver the prisoner to them. We went towards the skittle-ground the prisoner uses; I went in half a minute before the soldiers. I called to the prisoner, who was lying upon a bench, Jonath an get up, for here are the soldiers coming to take you. He was lying in a narrow place; he endeavoured to make a run; a window pushed him back; the soldiers came up, saw who he was, and took him directly. The soldiers said, is this the man? I could hardly speak. My master said, is this the man? I said yes. Then the soldiers said, deliver him to us; and they took him away.

What day was this? - This was on the 10th, the Saturday I believe.

Had you heard any thing about the reward then? - I had not heard any thing of it till I got to the Artillery Ground, when I was sent for, which was about half an hour after he was taken; I knew him four years before. I am very sure the prisoner is the person.

Prisoner. He offered Mr. Bull, the constable, that he would give him half the reward if he would appear against me - What dress was I in at the time you saw me? - He had a green coat on, and his own hair.

Now he has a wig, has not he? - Yes.

Prisoner. I have witnesses to prove that the evidence did say in their hearing he knew no man at the place.

- BECKET sworn.

Do you know the Roman Catholick chapel in Moorfields? - Yes.

Do you know the house adjoining? - It goes in the name of Mr. Dillon but Mrs. Crook pays the taxes; she was housekeeper to them; they did not like to be troubled with it; the taxes are commonly paid in her name, but the house is called Mr. Dillon's; I was in the house at the time the mob came.

Did Mr. Dillon live in it? - Yes, till Saturday the 3d of June; the house was destroyed on the 4th and 5th.

Why did Mr. Dillon leave the house on that day? - Because he had notice the mob would come to destroy it.

In what condition was the house when the mob came? - In perfect good condition. I went out when the mob came in, and on the Tuesday it was quite down to the ground.

Court. This house was generally reputed to be Mr. Dillon's? - It was.

PRISONER'S DEFENCE.

My business called me that way; the mob would not let me pass; conscious I had done no harm I never absconded though I had six days to do it in; the evidence at the Artillery Ground swore he saw me there at ten o'clock, now he swears he saw me there at nine.

For the Prisoner.

WILLIAM RODNOR sworn.

I believe the prisoner to be a very honest young man; he worked for me some time; he always behaved very honestly and faithfully while he was me; I have known him about ten months; I heard Crossley declare that he knew no man at that place; I believe it was a week ago last Thursday; it was at the Fox in Moorfields.

Crossley. One night after I had been attending here; when I went home my wife told me I had been sent for to the Fox in Moorfields. I went and asked the landlord who wanted me? He said the prisoner's mother, but she was gone; this man and a great many more abused me and called me a Roman Catholick dog, and wished my bowels might drop out, and every body's who swore against him; this man asked me if I saw him himself there? I said no, nor any man there; at last they brought out a long paper to prove my religion, which was sold about the street for a penny; and the first question they asked me was, what was paid for absolution?

Was you talking about Dillon's house when you said you had not seen the prisoner, nor any body else there? - No; the Artillery-house.

JOHN EDGER sworn.

I think it was last Thursday se'nnight I happened to go into the Fox alehouse, in Moorfields, for a pennyworth of beer; Crossley and two other people were there talking about the prisoner; knowing the prisoner I listened to their conversation. I heard Rodnor ask Crossley if he knew any body who was there? Crossley said, no, he did not know any person there. It exasperated me a little. I said to Crossley how can you be such a villain to swear against this man when you say you know nobody who was there.

Had he sworn against him? - The man had been apprehended before this; I asked him how he could be so base to go and swear against this poor fellow when he did not see him there? He did not know directly what answer to make me; presently after he said, there! where do you mean? Why says I the place we are talking about; it was not the Artillery-house we were talking about; I did not hear him mention the Artillery-house, it was the place in White's-alley.

Cross Examination.

Was no mention made of the Artillery-house? - Not while I was there; it might be mentioned before I came in; I had no thought of being called here, if I had I might have taken more notice.

This was after the prisoner was apprehended and Crossley had sworn to him? - Yes, when he said there! where do you mean? He seemed very angry; some words ensued on the matter. I thought it an unjust thing; he went away and said he would fix us all; I do not know that he had any right to say so of me.

Court. What did he say when you said they were talking of him? - I believe he was ashamed; he ran out of the house and said he would fix us all.

Counsel for the Crown. Have not you been threatening the witness since he came into court; I have been told you have? - Then you have been told a very false thing.

You shook your head at him? - I may shake my head without any design.

JOHN PETERS sworn.

I was in the Fox, publick-house, when the evidence came in; the witnesses who have been examined were asking the prosecutor.

Who asked the prosecutor? - Mr. Edger and Mr. Rodnor. Mr. Edger asked Crossley if he had seen him at the place where the riot was? He said no, nor any one whom he knew.

Where did Edger mean? - At a place in Ropemakers-alley.

That is not White's-alley? - White's-alley is a street which turns up in Ropemakers-alley.

Dillon's house was not in Ropemakers-ally? - I do not know where Dillon's house was; that was the conversation between him and us.

Do you know the house which is pulled down in White's-alley? - I cannot say I do.

How came Edger to ask Crossley whether he had seen either of them in Ropemakers-alley? - I cannot say what was the reason of his asking that question; the prosecutor came into the ale-house, the prisoner's mother had sent for him; they were talking of this, how the prosecutor could be so base to take a man up and swear against him without being sure.

Jury. Are you one of those who called Crossley a Papist? - No.

Did your hear him abused and called a Papist? - I do not remember his being called a Papist; there were some high words arose but nothing of abuse.

(The prisoner called William Orton who had known him seven years. John Valentine eight years. Joseph Syther fourteen years. Richard Bodear many years, and Richard Hall who had known him eight years, who all gave him a good character.)

GUILTY ( Death .)

Tried by the First London Jury before Mr. Justice ASHHURST.

424. LUKE HAND was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of William Gerrard , against the form of the statute, &c.

ELIZABETH COUCH sworn.

My husband keeps horses and carts to let out; we live in Pear-Tree-street, in the Parish of St. Luke's , almost opposite to Mr. Gerrard's. Upon the 7th of June, between ten and eleven o'clock, the mob came by our door; the first person I saw was the prisoner and a man in blue drummer's clothes; the prisoner had an ax over his left shoulder; the mob got very thick to Mr. Gerrard's door. Then the prisoner called shew a book, and a bible was put out; presently after I saw two pannels of the door broke with the thick part of the ax, I believe; I did not see him break any other part of the house; then the mob got in, and the first man I saw at the one-pair-of-stairs window was the prisoner at the bar; he leaned out of the window, waved his hand, and said buzza! all Popery! A very little after that I saw him bring a drawer of linen and books to the window, and he cried again buzza, all Popery. Our house is opposite; our yard adjoins Mr. Gerrard's house; they wanted to burn the things in our yard. I desired they would not, as there were wooden things in the yard. The furniture was thrown out at the windows, the windows were broke, and the wainscoting torn sadly by the side of the windows; and two of the middle pannels were broke. The prisoner, I believe, continued there three quarters of an hour; I did not see him come out but I saw him go down the street with something to burn, but what it was I do not know.

Cross Examination.

How long had you known the prisoner before? - I never saw him before; I knew him because he was so tall.

When did you see him again? - The Monday after in New Prison. My husband said I should go to see if it was the same person I had given a description of him before to my husband, and one Mr. Hawei, that he was a very tall man, and had some defect in his mouth.

Are you sure it was an ax, was it not a bag of tools? - No, it was not a bag of tools, I believe it was an ax.

What sort of hat had he on? - I did not take notice of his hat. I am sure he is the man whom I saw the night of the riot.

Court. What sort of coat had he on that night? - A lightish loose coat.

How came you to take such particular notice of his mouth? - I thought he looked odd with it.

Counsel. Did you see the defect as he went along or when he spoke? - I did not hear him speak.

Can you see a defect of his mouth as you stand there? - Yes, any body may see it if they look at him.

Court. Upon your oath did you not first perceive that defect in his mouth when you saw him in the prison? - No, I saw it first as he came up the street.

When the prisoner came to the window he spoke? - Yes, he cried huzza, all Popery. I did not hear him speak in the street.

Upon your oath is the prisoner the man you saw in Gerrard's house? - Upon my oath I think he is; I know he is.

ALICE BRIDGES sworn.

I live in Peartree-street. On Wednesday evening, when the mob came there I was standing at my door. The prisoner was the first man I saw; there were a great number of people with him hallooing all up the street; I did not hear what they said; I afterwards saw the prisoner at Mr. Gerrard's one-pair-of-stairs window; he put his hand upon the ledge, and cried out huzza, all popery by G - d. I saw him break the glass of the beauset, and pull the wainscoting out of the window and throw it into the street; he then went to the next window and took the top drawer out of a chest of drawers which was full of linen; and he brought it upon his head to the window, and threw it out and huzza'd; he then threw out a quart bowl full of some thing, and huzza'd. I did not see him afterwards; I am perfectly sure the prisoner is the man; it was near eleven o'clock at night when I saw him; I went afterwards with Mr. Crouch to the prison, and saw him, and I knew him directly by a disfigurement I observed in his teeth.

Was you very near him when you observed that? - Yes, the window was not very high; I was opposite, not above seven or eight yards off. He had a light great coat on quite open, a leathern apron, and he had an ax in his hand. I staid there about ten minutes.

Court. How long was you with this man in the prison? - Not long; he was in the yard; I had no conversation with him; he was talking to a number of persons in the prison.

Upon your oath was not the time you saw him in the prison the first time you observed the defect in his teeth? - No, I observed it when I saw him at the window.

THOMAS MAYES sworn.

I am a tailor and salesman; I live in Golden-lane. I have known the prisoner four or five years, or more.

Was you in company with him on Thursday the 8th of June? - Wednesday or Thursday, I do not know which, I was at the Crown Alehouse with him in the morning, at about eleven or twelve o'clock, in company with John Bradoury , the landlord of the house, and two other persons, John Lynch , and a Mr. Barton, a carpenter; there were several others, whom I cannot name. It was I believe the morning after the fire at Mr. Lynch's. The prisoner said he was at the pulling down of all the houses in London and burning them at the fires. I saw him at Lynch's the night before, but did not see him do any thing.

Cross Examination.

Do you know the prisoner? - Yes, very well.

Was he drunk at that time? - No, I do not think he was.

Then he must be mad? - I do not think he is a madman; I think he is a man who knows things very well.

He said he was at the pulling down and burning all the houses in London, how came that to be the subject of conversation? - I cannot say; I heard him say only that.

You saw him at Lynch's doing nothing at all? - Yes.

Counsel for the prisoner. Then you could have contradicted him as to that fact at least.

JOHN BRADBURY sworn.

I keep a publick-house in Golden-lane. The prisoner was at my house on Thursday, Friday, or Saturday. I do not know which, but it was after Mr. Lynch's and my house were demolished. He said, he had been at all the fires in London. That was all I heard him say; He did not say it to me, he said it to other people.

JOHN LYNCH sworn.

I was in company with the prisoner at Mr. Bradbury's two or three days after my house was demolished. I did not remark the day. Mayes, the prisoner, and some others were drinking. Mayes and he had some words. The prisoner said he had been at all the fires, and all the houses which had been done. I looked very earnestly at him, but did not recollect seeing him at my house. He said, he had been at all the fires, and pulling down the houses in London. Those were the words as near as I can recollect.

Can you recollect how long this conversation was after the demolishing of your house? - It was the same week. My house was pulled down on the Tuesday; I am sure it was not the Wednesday.

Did he speak as if he had been active in it? - He did not say he had been doing it; he might be a spectator.

EDWARD BEVAN sworn.

The prisoner came to my house on the 7th of June, about midnight with the mob, he came into the house and said to the mob, there was no Popery there, the house should not come down. He seemed to have the conduct of the mob. I never saw him before. He was brought to me when he was taken, and I said I could swear to him; I am sure he is the man.

PRISONER's DEFENCE.

I do not want to make a long and tedious defence. I am innocent of the things laid to my charge. I hope this court will not convict the innocent by the evidence of persons of notorious bad morals.

For the Prisoner.

RICHARD REYNOLDS sworn.

The prisoner is a carpenter and joiner; he was at work at Mr. Scott's, on Holbourn-hill, on the 7th of June, with me, from one o'clock till between six and seven when we parted, but where he went I cannot say.

MARY KEMP sworn.

I live in Crown-court, Golden-lane. The prisoner lodges next door to me. He was at my house on the 7th of June, to the best of my remembrance it was at near eight o'clock. He staid about half an hour, and by the desire of the neighbours he chalked, No Popery on all the shutters in the court. The neighbours said Mr. Murphy's, the sign of the Sun was pulled down. He said, it was sad work.

ANN HAYWARD sworn.

I am daughter to the last witness; I live at No. 14, Crown-court. The prisoner has lodged with me two years. On the 7th of June he came home about half after seven o'clock, with his tools on his back; he staid about half an hour; then he went out and returned about twelve o'clock.

Was he drunk? - No, I never saw him drunk, he is a very sober man.

Cross Examination.

Was you gone to bed when he came home? - I cannot recollect whether I was or no. My husband was gone to Mr. Langdale's at Holbourn. My husband generally fits up to let him in; I believe I was in bed; I cannot be sure whether I saw him.

JAMES HAYWARD sworn.

The prisoner has lodged with me between two and three years. On the 7th of June, between ten and eleven o'clock at night, I met him with one Martin Harrison , on Snow-hill, coming towards home; I tapped him on the shoulder, and asked him where he was going; he said, home; we stopped about ten minutes at the end of Fleet-market to look at Mr. Langdale's house, which was then on fire, and then came home together. He and Harrison then went out to get a bit of supper; I let them both in between twelve and one o'clock; they lodged at my house. The prisoner is an honest industrious man, never accustomed to stay out late.

Cross Examination.

Was your wife up when you came home? - Yes, and let us in.

Who generally sits up for the prisoner? - He never stays out late, except by chance, then he lets us know.

MARTIN HARRISON sworn.

I live at No. 74, in Fore street; on Tuesday the 6th of June, the prisoner and I went to Peckham, we supped there at eleven o'clock; then I came home to his lodging, and slept with him that night; I got up in the morning and went to work; about a quarter after seven in the evening on Wednesday, I met him with a bag of tools on his back, he asked me to go home and have a bit of supper with him; when we came to the end of the court, in sight of Murphy's hous e, Murphy's house was very near down, it was between seven and eight o'clock; he made use of an oath and said, Who would have thought they would have pulled his house down! he shook his head and said, Bad work! bad work! we went up the court to his lodging; Mrs. Hayward was quite frightened, and said,

"Mr. Hand, they will certainly come up this court," and she got him to write No Popery on the window-shutters; we staid near half an hour, and then went out to the end of the court; they said the mob were going to pull down Mr. Cassaday's house, which is higher up; we went to Mr. Cassaday's; Mr. Hand said, he hoped they would not pull the house down, he would try to pacify them. The mob came round there twice; they gave the mob beer, and pacified them; we staid to supper, and went home to his lodging a little before twelve; St. Paul's struck remarkably loud as we went down the lane; I observed to him, that St. Paul's struck remarkably loud; he replied, there will be rain. Then we went to his lodging; we saw Mr. Hayward, I believe Mrs. Hayward was in bed, I did not see her, nor ask where she was. My Lord, I forgot to remark, that when we had been at Cassaday's about half an hour, we went to Mr. Langdale's, hearing his house was on fire; the prisoner lives in Union-court; he said his master's house would be burnt down, and he should lose all his tools; we went to Mr. Scott's, as his chest and some of his tools were there; Mr. Scott said there was no danger. We then went to Mr. Woollaston's, and asked if they wanted any help; they said they wanted all they could get; we staid and assisted them about half an hour; I believe it was near ten o'clock when we came away. We then went up to Mr. Cassaday's; we met Mr. Hayward near Mr. Woollaston's, we went with him to Long-lane, and bought a pig's head, or part of a pig's head; Mr. Hayward then went home without us, and we went immediately to Cassaday's, and staid till twelve o'clock.

(On his cross examination, he said he frequently slept with the prisoner when he was out late; that he was constantly with the prisoner that night till twelve; that the prisoner was in no riot; that he (the witness) was a serjeant in the yellows; that he frequently went home with the prisoner, but could not particularly mention any other day when he had done so.)

WILLIAM GERRARD sworn.

I left my house about eight o'clock, and did not return till the next morning; I left William Wildman and Thomas Travers in the house.

WILLIAM WILDMAN sworn.

I was in Mr. Gerrard's house when the mob came; I staid till it was all over; I never saw the prisoner in my life, to my knowledge, till I saw him afterwards in prison. Mr. Gerrard went out between seven and eight o'clock, and left the keys with Mr. Travers and me; we staid in the house till about ten o'clock; then we came out and locked the door, and staid at the door till the mob came; then a tall man came and knocked at the door, but not the prisoner, to my thinking he was a great deal older, he had a thin face, a black beard, a wig on, and he had a light drab frock: that man would have set the house on fire if it had not been for me and some of the neighbours; I did not observe any thing in his hand; he appeared cool, but very resolute to set the house on fire; I told them there was nobody in the house, and then two brewers servants broke two pannels of the door with a pump handle.

Had either of those two, or the tall man, an ax? - I saw an ax, after it was done, in a drummer's hand; that was after they had got the goods down into Goswell-street, and set them on fire.

"On his cross examination he said the

"door was broke open about twenty minutes

"after eleven o'clock; that when they had

"broke the pannels, somebody said Mr.

"Travers had the key; that they got it

"from him, opened the door, and went in;

"that he saw the drawers thrown out; that

"there were several persons in the one-pair-of-stairs;

"that one leaned out and said,

"Huzza! all Popery! but he did not know

"who it was; that he did not see any one

"person there that he knew; that if the

"prisoner had been there, and taken an active

"part, he thought he must have seen

"him."

THOMAS TRAVERS sworn.

I live in Pear-tree-street; I had the key of the street-door and beer cellar left with me; Mr. Gerrard left the house about eight o'clock; we were moving some things out; we illuminated the house, and hung a blue flag out; Mr. Wildman and I came out, and were at the door when the mob came up; they knocked at the door two or three different times; there was a tallish man in a smock frock, which covered his clothes, and he had a wig; there were only two tall people, one in a drummer's dress, the other a shorter man; first they knocked at the door, then they began to break the pannels; I cannot say what with, but I afterwards found a pump-handle in the house.

When they first came up did you observe any of them to have an ax? - I did not, indeed my flurry was very great; Mr. Couch informed me a person was taken up, and desired me to go with him to see him; I said I could not be certain to the person, I think the man that was there was something shorter than the prisoner, and had a wig; I do not think the prisoner is the man. When they had broke the pannels of the door I resigned the key to a Mr. Berry, and went away to a relation's of Mr. Gerrard's, to enquire for him; when I returned they were bringing out the goods to burn in Goswell-street.

Was Berry so situated as to observe the people who were there? - He was at the door, and opened it to let them in.

WILLIAM JONES sworn.

I am apprentice to Mr. Wood, a watch-maker, in Norman-street, Old-street; I went on Wednesday the 7th of June to see Mr. Gerrard's house, which I heard was pulled down; they were taking things to the fire; some men were beating on the bottom of a kettle for the mob to go with them; they said they would go to Golden-lane; there was a tall man and another with an ax, but neither of them were the prisoner; I did not see the prisoner there.

Do you know the prisoner? - No, I never saw him to speak to him till I saw him in the bail-dock.

ABRAHAM HUBBART sworn.

I belong to Mr. Wood, a watch-maker, in Norman-street; on Wednesday the 7th of June, at about eleven or twelve o'clock, I went to Mr. Gerrard's house, they were just pulling it down; I then went into Goswell-street to the fire of Mr. Gerrard's goods; I saw several people carry goods, but do not remember any person in particular; there was a tall man in a white coat and his own hair, but I think he was older than the prisoner.

(The prisoner, in his defence, called Richard Gilbert , John Cassaday , William Kemp , Henry Dennis , John Frazier , Thomas Pearson , William Wyley , Phoebe Free , William Champ , Thomas Smith , William Scatherwood , Mary Kemp , Jane Cassaday , and Sarah Tinam , who had all known him for some years, and who gave him a good character.)

JOHN BERRY sworn.

I am a watch-motion maker. I live opposite Mr. Gerrard's. I was at the door when the mob first came up; there were about six. I went over and expostulated with them; I made an observation on two persons in particular one was a middle sized man, in the habit of a drummer, the other was a tall man, in a drayman's jacket; the same man I had before seen at the Sun. I did not observe any other tall man; I spoke to the drummer and told him of the impropriety of his conduct. He said, he was forced by the mob to come there; he had a bar of iron or something headed with iron with which he broke the frames of the sash and the glass in the one-pair-of-stairs room; he broke one of the pannels of the door, and I fetched him the key from Mr. Travers to prevent him doing any further mischief. I talked to him a good deal and told him the hoose belonged to a Protestant but without effect; he seemed to be determined to do all the mischief he could; after the door was broke open I heard a boy ask what books there were? I went up to the one-pair-of-stairs floor with them, and staid with them till they went away. There were in the one-pair-of-stairs boys, in all about seven or eight; they destroyed the glass and window frames, and threw what goods there were into the street.

Do you remember any person in the one-pair-of-stairs window calling out to the mob All Popery here? - Yes; the man in the drummer's jacket did; the man's face, who called out all Popery, was so dirty with the work he was about that I do not think I should know him again.

Jury. You say the man had an iron bar or something headed with iron, was that strait or crooked? - I apprehended it to be an ax; the prisoner is not the person who had it, he has not the most distant resemblance to the man I have been speaking of; the person who did the mischief had larger features and was a taller man; there is so little likeness that I do not think it possible to mistake the one for the other.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

LUKE HAND was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Cornelius Murphy , against the form of the statute, &c.

(There was not any evidence given on this Indictment.)

NOT GUILTY .

425. EDWARD MILLER was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of John Lynch , against the form of the statute, &c.

ROBERT REMINGTON sworn

I keep carts and horses now; I live in Hartshorn-court, Golden-lane. I was at Mr. Lynch's house when the mob attacked it, on Tuesday night the 6th of June, at about a quarter after ten o'clock, the mob went in at the back door, and threw every thing out of the shop; then they went up stairs and threw out the furniture, and pulled down part of the house; then they took the things into Old-street Road and burnt them. I saw the prisoner several times take the things from the door and carry them to Old-street Road to have them burnt; he helped to throw the goods out at the window before he took them away. The mob went from thence to Mr. Bradbury's; that was after twelve o'clock; I saw the prisoner take a paper out of a chest, which was carried to be burnt; I thought it was a paper of halfpence. I said to him, about half an hour after, you have got a crown-paper of halfpence. He said it was only a paper of buttons.

JAMES YOUNG sworn.

I live at No. 37, in Old-street. On the evening of the 6th of June, about nine o'clock, I saw the mob gathering round the turnpike. I went up to them and saw the prisoner come from Golden-lane with some fire in one hand and a bed-tick, or a piece of a bed-tick, in the other; I saw him put the light under it; I heard Mr. Lynch's house was pulling down; his goods were bringing up at this time. I have known the prisoner exceeding well a great many years; he carries garden-stuff about the street.

BENJAMIN BLAKE sworn.

I am a tin-plate-worker, and likewise a constable. I went with Crouch and Hawes, two other constables, to a room where I was told the prisoner lodged in the house of Mrs. Blank, in the Wooden-World, behind Golden-lane; there I found a tea-kettle, a blanket, and twenty buttons, and two tea-kettles in the passage of the outside on the door; the prisoner was not at home at the time.

Young. The prisoner told me about six weeks ago that he lodged at Mrs. Blank's, in the one-pair-of stairs. (The things were produced in court by the constables.)

( John Crouch confirmed the testimony of the last witness and added that there was some apparel in the room which he had seen the prisoner wear.)

JOHN LYNCH sworn.

My house in Golden-lane was attacked by the mob on the evening of the 6th of June; it was in good repair when they attacked it; when they left it the wainscoting and frames of the windows were beat out. (looks at the buttons) I know these buttons; they were in a drawer when the mob came; they came off a coat of my son's. I cannot swear to the blanket; but I can to one of the tea-kettles.

PRISONER's DEFENCE.

The first time I had a hearing before the justice that gentleman would not swear to me; the second time they fetched Lynch and Bradbury and neither of them would swear to me; Crouch said, now, you dog, I will be revenged of you. He ran and fetched this Remmington; and he asked Crouch, as he was leaning against the place, how much money am I to have for swearing.

(Crouch being interrogated as to the reward, said, if it came legally to him he should accept of it.)

(The prisoner called Thomas Stocks who had known him from a child. Richard Monday seven or eight years, and George Stock fourteen or fifteen years who all gave him a good character.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

EDWARD MILLER was indicted for stealing a copper tea kettle, value 2 s. a blanket, value 8 s. and twenty metal buttons, value 2 s. the property of John Lynch .

ROBERT REMINGTON sworn.

When Lynch's house was demolished, as the prisoner was carrying things to burn, I saw him have a paper in his hand; I could not see what was in it. I said to him he had picked up a paper of halfpence. He said, it was nothing but a paper of buttons; the prisoner lodges in the Wooden-World, in Bell-yard, at Mrs. Blank's.

( John Crouch , the constable, produced the buttons which he deposed he found in a one-pair-of-stairs room in Mrs. Blank's house.)

Jury. My lord, we do not think the evidence sufficient to convict the prisoner.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

426. MARY STRATTON was indicted for stealing two blankets, value 10 s. a cotton window curtain, value 2 s. a silk cloak, value 10 s. a linen apron, value 2 s. a linen cap, value 6 d. and a muslin apron, value 2 s. the property of Christopher Conner , June 8th .

ANN CONNER sworn.

I am the wife of Christopher Conner ; he did keep the sign of the Red Lion, in Black Lyon-yard, Whitechapel . On the 7th of June, in the evening, when our house was demolished, I saw the prisoner go in and out of the house, and bring out some things, part of which I have here (producing the apparel mentioned in the indictment.) She lodged in a room of mine, opposite our house. I thought she was going to save them for me; I followed her to the stairs; there she met Mary Pickott and gave them to her and bid her take them to her own house. Pickott said, what must I do with them? Then the prisoner said, carry them to-morrow morning to pawn, and you shall have half what they fetch. I went to her on the Friday following and asked her whose the black cloak and the other things I saw her have were? I told her I would be obliged to her to tell me. She said, yes, She would blow Mary Pickott for she had not given her half the money. She gave me a direction to Pickott. I went to Pickott; she gave me the things out of pawn on my paying for them; the blankets cost me sixteen shillings about six months ago.

MARY NESBIT sworn,

I saw the prisoner come out of Conner's house with some things in her lap; I followed her a little way, but the mob was so great I could not follow her far.

PRISONER's DEFENCE.

Nesbit was in my room and wanted to lie there with a man.

Nesbit. It was my husband.

Prisoner. No, it was not; I would not let her lie there, and she went down stairs and picked up these things and put them in my room. Mrs. Conner came up and had what things I had saved, and the next day she asked me if I knew any thing of her cloak? I said, I did not. She went to this girl's house and found the things, and she said I gave them to her. I know nothing of it.

GUILTY . Imp. 6 months .

Tried by the First Middlesex Jury before Mr. RECORDER.

426. ANN SHERWOOD was indicted for stealing a child's linen shift, value 3 s. two linen gowns, value 5 s. a stuff petticoat, value 1 s. a pair of men's leather shoes, value 3 s. a linen handkerchief, value 1 d. and a cheque apron, value 2 s. the property of John Hill , June 19th .

CHARLES TOWNSEND sworn.

On Monday was three weeks, as I was going to work, Sarah Hill, the prosecutor's wife called out, stop that woman, she has stole my things! I followed the prisoner and stopped her in Penny-field, Poplar, with the things mentioned in the indictment, in her apron. She said they were her sister's. I brought her and them back to Mr. Hill's.

(They were produced in court and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I leave myself to the mercy of the court.

GUILTY . W .

Tried by the First Middlesex Jury before Mr. RECORDER.

427. EDWARD M'CLOUD was indicted for stealing a wooden cask, value 2 s. and five gallons of English geneva, value 25 s. the property of Richard Hooper and William Hooper , June 27th .

RICHARD HOOPER sworn.

I live at the Cross Keys-Inn, St. John's-street , there is a communication from the inn into Charter-House-lane. On the 27th of June I saw the prisoner going out into Charter-House-lane with this cask of geneva. I followed him and stopped him; he trembled and dropped the cask.

CHARLES NAYLOR sworn.

I live at Mr. Hooper's; while I was on the necessary, I saw the prisoner take a six gallon cask and go out; when I came out my master had him in possession.

PRISONER's DEFENCE.

Going through this place, a young man asked me to help him with this cask.

GUILTY . Fined 1 s.

Tried by the First Middlesex Jury before Mr. RECORDER.

428, 429, 430, 431. SARAH WEGION , JANE GOFF , HANAH DYALL and MARY the wife of William BLANK were indicted, the three first for stealing a copper pot, value 5 s. two copper tea kettles, value 3 s. an iron vice, value 2 s. 24 lb. weight of lead, value 18 d. a linen sheet, value 2 s. two cloth coats, value 10 s. two cloth waistcoats, value 10 s. two pair of cloth breeches, value 5 s. a brass fender, value 3 s. a brass skellet, value 1 s. and two bed ticks, value 5 s. the property of John Lynch , June 7th ; the other for receiving part of the above goods, well knowing them to be stolen .

ROBERT REMINGTON sworn.

I was at Mr. Lynch's house when it was attacked by the mob. I saw Hannah Dyall take a blanket and sheet, and two red curtains from Mr. Lynch's door, and carry them through Playhouse-yard.

MARY CROSSLEY sworn.

I saw Dyall take a sheet, two red curtains, and a tin kettle from a heap of things by Lynch's house. Goff took half a ticking; of a bed, a whole ticking, and a counterpane, she sold them to Mary Blank for five shillings, and a copper pot and two copper tea-kettles, for two shillings; that was the 7th of June; about seven in the morning. She took them from the house about ten o'clock at night. Sarah Wegion helped her. Goff and Wegion told me they had sold them. The brass fender and skellet were found in Wegion's ground.

Goff. Did you see me take any property from Mr. Lynch's? - That cloak.

JAMES COUCH , a Constable, sworn.

I found two tea-kettles in the house of Mrs. Blank on the landing-place, up one-pair-of-stairs.

BENJAMIN BLAKE sworn.

I found the fender and skellet in Wegion's yard; they were underground. I dug them up in consequence of an information. She lives in the Wooden World, Bell-court, Golden lane. The garden is fenced with wooden rails. We found the rug on Goff's bed.

(They were produced in court.)

JOHN LYNCH sworn.

I cannot swear to the fender, I can to the rug; it was lost the 6th of June, after ten at night. The skellet is my property.

WEGION's DEFENCE.

I know nothing of what she has laid to my charge.

GOFF's DEFENCE.

She said at the Artillery-ground, if I would back her evidence, she would give me half the reward. She said she had done the thing that was very wrong, and unless I would back her oath she should be ruined. A woman who lodged in the house brought them up about nine in the morning, and desired to leave them. She came and opened the bundle, and said it was not worth much, I might throw it on my child's bed; I took it not knowing she came dishonestly by it.

ALL FOUR NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

432. ANN GRANT was indicted for stealing a black silk laced cloak, value 10 s. and a linen shift, value 3 s. the property of Timothy Farrell , July 3d .

(The prosecutor was called, but not appearing, the court ordered his recognizance to be estreated.)

NOT GUILTY .

433. JOHN BENNETT was indicted for stealing a silver watch, value 3 l. two gold lockets, and a diamond ring , the property of Charles Bremham , June 27th .

Mr. CHARLES BREMHAM sworn.

I came from Oxford on Tuesday the 27th of June. I put up at an inn in Piccadilly, and went to see a friend in the city; he was going to the masquerade. I was coming back from the city to Piccadilly; my friend was going to Carlisle-house ; I went with him to put him towards the door; when he got near the step of the door, I put my hand upon his shoulder, and said, good night. When I thought to return back I felt some one in the crowd pressing violently on the small of my back, and he cried get on, get on, as if an ox or a carriage was coming; I saw nothing to justify this. I felt a hand at the flap of my waistcoat, taking my watch out of my pocket. As I saw the hand come from my fob, I catched the man by the waistcoat and said he had stolen my watch; he put his hand over the shoulder of a man who stood before him; I called a constable and told him the prisoner had taken my watch and given it to another person. We secured him and took him to the watch-house, there was nothing but a few half pence, a knife, and a bit of silk, found upon him.

PRISONER's DEFENCE.

I never had the watch.

Prosecutor. I think it my duty to say some thing for the prisoner. There is but one evidence against him, that is me; I may be mistaken. When the watch was taken from me it was eleven o'clock at night, in the dark, and in a crowd. The same voice which cried, get on, as it hurried me on, might have burried another person. If the jury bring him in guilty, I hope they will recommend him to mercy.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

434. ELISABETH HUMPHREYS was indicted for stealing a blue linen apron, value 1 s. and 28 lb of cherries, value 4 s. the property of Hugh Wright , June 29th .

(The prosecutor was called but not appearing, the court ordered his recognizance to be estreated.)

NOT GUILTY .

435. GEORGE RAWLIN otherwise RAWLINGS was indicted for receiving three trusses of clover, value 3 s. five trusses of hay, value 5 s. two trusses of straw, value 10 d. and a peck of beans, value 6 d. the property of Joseph Bolden (for the stealing of which Chapman was convicted in April session) well knowing them to have been stolen , January 28th .

(A copy of the record of the conviction of Chapman was produced in court and read.)

JOSEPH BOLDEN sworn.

On the 28th of January I saw a parcel of clover, in a lost belonging to one Giles Ray , which I believe by the circumstances to be mine, it was a part of the rick which stood to the very last; there were a great many oats intermixed with it. I sent for some of the last load from London, and compared them, and it exactly resembled that which I saw at Ray's; I believe it to be mine; my clover had been missed about two days before.

JAMES TALBOT sworn.

I work for Mr. Bolden, at London Style farm, at hay-binding, and any thing he has got to do; I missed clover out of the rick-yard several times. On the 28th Mr. Bradmore informed us some had been carried over the road. We had a mistrust where it went to, and I went the next morning with Joseph Bedding to Mr. Rawlins the King George III 's Head a publick-house opposite London-Style Farm. We found two trusses of second-cut clover in his garden, about the middle as near as I can guess.

Was Rawlins there? - I saw him as I went up the yard.

Have you any reason to know whose clover it was? - Only by the confession of Chapman before the justice. The prisoner brought it back and put it in the place it came from, and d - d Chapman's eyes for bringing it there.

Was the prisoner present when Chapman confessed he carried it there? - I cannot say whether he was there or not.

JOSEPH BEDDING sworn.

I went with the last witness to the prisoner's garden, and found the clover. The prisoner said he did not know who brought it there.

WILLIAM BRADMORE sworn.

On the 27th of January about half after five in the morning, I saw a man go a-cross the road with a bundle of some thing upon his back from Mr. Bolden's yard, to King George III 's Head. It appeared to me to be a bundle of second-cut clover. I was about twenty yards from him when I saw him. I went to the rick which I thought he came from, and saw some fresh second-cut clover dropped off the rick. I saw him go up a passage with it behind the prisoner's house. I went behind the prisoner home and saw some fresh second-cut clover lying on the bench.

Who carried it to Rawlins's? - I do not know the man.

JOHN STEVENS sworn.

I am a constable of the parish of Acton. I had a warrant, and took Chapman for stealing the clover on the 29th of March.

THOMAS WATSON sworn.

On the 28th of January, between seven and eight o'clock, I stood at the gate by Mr. Bolden's yard. I heard Chapman say to the prisoner, do not let it stay here, take it away. I do not know what they were talking about. Rawlins came out, and went up his yard, and then came by me with a truss of hay, and put it into Mr. Bolden's yard; he said Chapman had left some hay there, and it should go to where it came from; that he could not think what he left it there for.

GILES RAY sworn.

I am a gardener. I have known the prisoner two or three years. I never knew but he was a very honest man. I had two or three bundles of hay of him. I gave him the full value for it. I do not know where he had it.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

436. GEORGE BRADLEY was indicted for burgariously breaking and entering the dwelling-house of William Jones , on the 13th of May , about the hour of ten in the night, and stealing thirteen yards of black silk lace, value 30 s. the property of the said William .

WILLIAM JONES sworn.

I keep a shop in Tottenham-court road . On Saturday the 13th of May, about half after ten at night, I was in the shop; I heard a pane of glass break; they had fastened the shop-door on the out-side with a cord; a person who saw the prisoner run from the window, pursued him, and brought him back in about two minutes; his finger was cut, and bled very much; he was searched, but nothing found upon him.

MATTHEW WEST sworn.

Coming down Tottenham court road, on the 13th of May, about half after ten o'clock, I heard a window break. I looked across the way, and saw the prisoner run. I ran after him, and made a blow at him, at the top of Tavistock-street; he popped his head down, and ran back again down the mews in Tavistock-street, there I knocked him down and secured him, and brought him back to the prosecutor's house; there was nothing found upon him. I saw nobody else run from the window; his finger was off before, the stump was cut with the glass.

Jones. The lace mentioned in the indictment was lost out of the window. I saw it about half an hour before. There were thirteen yards at half a crown a yard; it was on a card; it was picked up by a gentleman.

JOHN BROWN sworn.

On the 13th of May, between ten and eleven o'clock, coming down Tottenham-court road, I saw a mob at the prosecutor's house, and in Tavistock-street I found this card of lace (producing it). I took it back to the prosecutor's; he said it was his property.

(The lace was deposed to by the prosecutor.)

PRISONER's DEFENCE.

Coming down Tavistock-street three boys ran by me, a gentleman laid hold of me, and said I had stolen a piece of lace. I know nothing of it.

NOT GUILTY of breaking and entering the dwelling-house, but guilty of stealing the lace . N.1 Year .

Tried by the First Middlesex Jury before Mr. RECORDER.

437. ABRAHAM DANSON was indicted, for that he, together with forty other persons and more, did unlawfully, riotously, and tumultuously, assemble on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of the Right Honourable William Earl of Mansfield against the form of the statute, &c.

SUSANNAH MOORE sworn.

I was in Bloomsbury-square on the morning of the 17th of June, with Mr. Danson, Mr. Keene, and Mr. Moore; a great mob were throwing furniture out of the window. I saw Mr. Danson assist forty or fifty more in pulling down the rails; as he was pulling them down he fell backwards. I knew him before. He brought out two bottles of wine, and gave them to Mr. Key, and bid him carry them home to his, the prisoner's, house.

"On her cross examination she said, that

"the prisoner went with her, and Mr.

"Keene; that she and her husband were

"taken up, and charged with having been

"concerned in the riot, but that no prosecution

"was carried on against them;

"that she was told, before she made any

"discovery as to the prisoner, that he had

"charged her with taking wine out of the

"house, and likewise had charged her

"husband, who had been taken up; that

"when they first set out she did not know

"they had any intention of going to Bloomsbury,

"but hearing there was a fire they

"went to see it as innocent spectators; that

"they drank some wine in Bloomsbury-square;

"that she did not see the prisoner

"in the house; she further said, that the

"prisoner called at their house; that from

"thence they went to the prisoner's house;

"that when the witness signified her intention

"of going with them, Danson said it

"was not a place for women to go to, but

"the witness said, if her husband went she

"would go."

GEORGE KEENE sworn.

I went out with Mr. Danson. Going across Holborn I lost my company. When I got to Bloomsbury-square I stood there ten or twenty minutes. Danson came up, and gave me two bottles of wine, and desired me to carry them to his house; this was a quarter of an hour after I had first parted with him. I left the two bottles at the Coach and Horses; two or three days after I took one to Danson, and the other I have myself at this time; when I went down to Danson's I gave the bottle to him; when I returned to the square I observed the prisoner there with Mr. and Mrs. Moore. I was not taken up upon this affair. I was last in the square, and set out from Danson's in Clare-market, and not from Moore's. I did not see the prisoner do any act while I was there.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

ABRAHAM LONGBOTTOM sworn.

I am a fireman to the Westminster-office; I have been a fireman twenty years. I have known Mr. Danson these twelve years. When Sir John Fielding 's house was on fire I went there; after that fire was out we went to Lord Mansfield's, when we came there I saw Mr. Abraham Danson ; he said namesake I am glad to see you, here is great confusion and distress, and I will assist you all that lies in my power. I said be so kind as to take the hose and assist all you can; he did take it, and did as I desired him to the fire-plug; he screwed them on, and carried them to Lord Mansfield's house, to go down into the area for the water to pour in. We were not permitted to play the engine. We put the engine into the carriage by the fireman's order, and drew it round the next street. This was, I believe, about half after four o'clock.

Did he appear there as a person active in doing mischief, or as one very desirous to prevent it? - He prevented it as far as I saw; when we had orders to put the engine into the carriage he assisted us to lift it in; after that he and I went into a publick-house, and had each a glass of Pepperment a piece; then he shook hands with me and departed.

Counsel for the crown. All was done before that time; the house was then on fire, was it not? - Yes it was, before we had the alarm. I have known him thirteen or fourteen years; he kept a publick-house in the Borough-market before he removed to this end of the town. I never heard any thing against his character.

How long did you see the prisoner before you parted with him? - He was with me an hour and an half.

THOMAS LARKIN sworn.

I went with Mr. Danson to Bloomsbury-square; it was near two when I got there.

And with Moore? - No; I do not know any other person that I went with but Mr. Danson; we staid there a considerable time; at last an engine came. Mr. Danson said, there is a man come with an engine, who I know well; I wish it was in my power to assist him; this is the man that came with the engine (Longbottom.)

Had Danson before that done any act whatsoever to encourage the mob? - I saw none.

And you was with him? - I might be five or ten minutes now and then from him. I saw him go up to his acquaintance, and endeavour to assist him; the mob did not seem as if they would let the engine go to work. I drew back, and did not see Danson any more till after the engine was going to be put upon a carriage, then I saw him assisting Mr. Longbottom to put it on. We went from thence; we had not got far from the house before we met a man who looked like a porter with some wine; he had, I suppose, four bottles in each hand, and one tucked under each arm; he said, will you relieve me from my burthen, if not I must break a bottle; he had not got the word out of his mouth before he dropped one. I believe Mr. Danson did release him from the two bottles under his arm. The man said I will come back in a very few minutes and fetch them; this was between three and four o'clock.

Did you see any body else in Danson's company? - No; not that I know of my own knowledge.

From the time he came into the square you came in with him, and staid till he went away, did you ever see him pulling at the rails of Lord Mansfield's house, with an intent to pull them down? - No, never; whenever I saw him he never attempted such a thing as that.

If he had been so active you must have seen it? - I think I must.

Cross Examination.

Did you take any of this load of wine from the poor man that was so encumbered? - I did not.

Then he did it as a serv ice to the man to take two bottles from him? - He asked him to do it.

Did he put them into his pocket? - I cannot say, I left him behind me there.

Were the iron palliadoes pulled down while you staid there? - I head a snapping and cracking, whilst I was there, like something of the kind.

Who and what are you? - My name is Thomas Larkin .

That is a very good travelling name; what business are you? - Clerk to a wharfinger at Smart and Dyce Key.

How long have you been clerk to a wharfinger? - Since last Christmas.

Because the last time I had the honour to see you, you was clerk to an attorney. You are the same man that came to be bail in the King's Bench for 3000 l. and was rejected? - I was.

Was not you clerk to an attorney then? - No.

Was not you clerk to Mr. Bowstead? - No.

You served notices and writs for him? - Yes.

How long? - Not since last November, then I left Mr. Bowstead.

The long vacation is a dead time, and you amused yourself with serving writs? - I never served writs, I carried notices of bail.

Mr. Bowstead has a great deal of business in the bail way. You used to carry notices for bail, and offer yourself for bail perhaps? - Offer myself for bail?

When the bail did not appear perhaps? - I beg no such reference may be made.

You did that for nothing, merely for amusement? - I intended to have served a clerkship to an attorney.

What, at your time of life? - Yes.

What, is a clerk to an attorney so much preferable to the wharfinger business? Why did you not prosecute it? - I found my abilities were not sufficient to carry it on.

Had you, before you was rejected as bail, determined not to be clerk to an attorney? - The rejection made no kind of difference to me.

I only ask you the question about the time when you determined not to be clerk? - Before then.

Then you was not with Mr. Bowstead at that time? - Not at all.

And not clerk to him in any respect then?

In no respect whatever.

When did you offer to be bail? - In the last term.

And you are now clerk to a wharfinger, are you? - Yes.

WILLIAM BLICK sworn.

I have known the prisoner a year and a half, he was a servant of mine, I never heard any but a good character of him.

JOHN DUKE sworn.

I have known Danson about seven years; he has as honest a character as any I ever heard in my life. I was at his house the Monday after Lord Mansfield's house was destroyed. Some officers came to enquire after him; he was not at home. When they first came he was informed of it by his wife. He said,

"Now I am come home I will stay and see what these people want with me."

Cross Examination.

Did these people leave their business? - No.

( John Levinge , who had known him six years; Kendall, two years; Hemmings, two years; Thomas Martin and John Stevens , between six and seven years, all gave the prisoner a good character.)

EDWARD LUCAS sworn.

I am a cornchandler, I know nothing of this affair, only I heard Mrs. Moore say, an hour ago, that she should not have appeared against the prisoner, but that if he was not convicted she was afraid he would impeach her and Mr. Moore in something.

Cross Examination.

You were not subpoenaed here as a witness? - No.

Was any person present at this conversation? - Another person was by. I asked him what he was doing here.

Was this conversation in court? - It happened at the door here, before the prisoner came to the bar.

Are you acquainted with her? - I do not know; I have been at the house where she used to sell Sevinge; she has seen me there, that was all the acquaintance I had with her.

To Mrs. Moore. Have you heard what this person says? - Yes; it is very false.

Lucas. That is the man (Keene) who saw me speak to her.

Keene. I did not observe him speak to her, nor see him near her.

Counsel for the crown to Keene. Is Mr. Lucas an acquaintance of Mr. Danson's? - No.

Lucas. I have no acquaintance with him.

Counsel for the crown to Lucas. What brought you here? - I came along with Mr. Blick.

Counsel for the prisoner. And you are a stranger to Danson? - Yes.

Counsel for the prisoner to Keene. Mr. Lucas did speak to you, did he not? - He did, and might speak to the woman, but I did not observe him.

NOT GUILTY .

Tried by the Second London Jury before Mr. Justice ASHHURST.

Dennis Rearden , for the murder of his wife, was executed at Tyburn, on Monday July the 3d.

William Macdonald , Charlotte Gardiner , and Mary Roberts were executed on Tower-hill, William Brown in Bishopsgate street, and William Pateman in Coleman street, on Tuesday the 11th of July.

Thomas Taplin and Richard Roberts were executed in Bow-street, and James Henry on Holborn-Hill, on Wednesday the 12th of July.

Enoch Flemine was executed in Oxford-Road, and Christopher Plumbley at Tyburn, on Thursday the 13th of July.

John Gamble was executed at Bethnal-Green, Samuel Solomons in Whitechapel, and James Jackson in the Old-Bailey, on Thursday the 20th of July.

Thoman Price , James Burn , and Benjamin Waters were executed in Old street, opposite Golden-lane, George Staples and Jonathan Stacey in Moorfields on Friday the 21st of July.

Charles Kent , and John Gray were executed in Bloomsbury-square, Thomas Kelly , Andrew Gray and James Earls at Tyburn on Saturday the 22d of July.

The TRYALS being ended, the Court proceeded to give Judgement as followeth:

Received sentence of death. Thirty-seven.

William Brown , James Henry , William Pateman , William Lawrence , Richard Roberts , Thomas Taplin , George Kennedy , William M'Donald, George Banton , Edward Dennis , Enoch Flemine , John Morris , John Gray , Mary Roberts , Charlotte Gardiner , Richard Foster , Thomas Kelly , Andrew Gray , George Staples , John Glover , Benjamin Bowsey , Thomas Haycock , Francis Mockford , Theophilus Brown , James Jackson , Jonathan Staccy , John Gamble , James Buckley , Samuel Solomons , Benjamin Waters , Joseph Markess otherwise Marquis, Charles Kent , Leritia Holland, William Avery , John Burgess , Thomas Price , and James Burn .

Navigation 5 years. Two.

John Jennings and Joseph Spencer .

Navigation 3 years. One.

Leonard Sullivan .

Navigation 1 year. Three.

George Lee , William Smith , and William Bolton .

Whipped and imprisoned 12 months. One.

Rose Fitzpatrick.

Imprisoned 12 months. Four.

Ann Powell otherwise Midgley otherwise Harvey otherwise King, William Storer , Amelia Hall, and Jemima Stafford .

Imprisoned 6 months. One.

Thomas Perkins.

Imprisoned 3 months. One.

Ann Lavin .

Whipped and imprisoned 1 month. One.

James Smith .

Fined 1 s. One.

Joseph Larcher .

Dennis Rearden , for the murder of his wife, was executed at Tyburn, on Monday July the 3d.

William Macdonald , Charlotte Gardiner , and Mary Roberts were executed on Tower-hill, William Brown in Bishopsgate street, and William Pateman in Coleman street, on Tuesday the 11th of July.

Thomas Taplin and Richard Roberts were executed in Bow-street, and James Henry on Holborn-Hill, on Wednesday the 12th of July.

Enoch Flemine was executed in Oxford-Road, and Christopher Plumbley at Tyburn, on Thursday the 13th of July.

John Gamble was executed at Bethnal-Green, Samuel Solomons in Whitechapel, and James Jackson in the Old-Bailey, on Thursday the 20th of July.

Thoman Price , James Burn , and Benjamin Waters were executed in Old street, opposite Golden-lane, George Staples and Jonathan Stacey in Moorfields on Friday the 21st of July.

Charles Kent , and John Gray were executed in Bloomsbury-square, Thomas Kelly , Andrew Gray and James Earls at Tyburn on Saturday the 22d of July.

(The execution of the remainder of the convicts was respited during his Majesty's pleasure.)

This Day is published, Price Half a Guinea, DEDICATED (with Permission) to the KING, BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

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*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

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This Day is published, Price Half a Guinea, DEDICATED (with Permission) to the KING, BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED ( After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY,

DEDICATED (with Permission) to the KING, BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

ALSO BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, (DEDICATED with Permission to the KING) ADAPTED (After more than For ty Years Practice ) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

ALSO

BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, (DEDICATED with Permission to the KING,) ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

ALSO

BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, (DEDICATED with Permission to the KING,) ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

ALSO

BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, (DEDICATED with Permission to the KING,) ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

ALSO

BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, (DEDICATED with Permission to the KING,) ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by Mr. GURNEY, No. 34, Bell-Yard, Temple-bar.

The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

ALSO

BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, (DEDICATED with Permission to the KING,) The NINTH EDITION, considerably improved according to the present Method, By JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

ALSO

BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, (DEDICATED with Permission to the KING,) The NINTH EDITION, considerably improved according to the present Method, By JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

Sold (Price Half a Guinea) by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.
