Daniel Damaree of St. Clements-Danes , Waterman , was indicted for High-Treason, for that he, on the 1st of March last, in the Parish aforesaid, did, with a great multitude of Men, to the number of 500, arm'd with Swords and Clubs, raise and levy publick War against the Queen . After the Councel for the Queen had open'd the Charge, the first Witness, was Mr. Talboy, who depos'd as follows: That going thro' the Temple, he saw some Thousands of People there, that had attended upon Dr. Sacheverell from Westminster-Hall, he heard some of them cry out, That they would pull down Mr. Burges's Meeting-House that Night; others were for pulling it down the ensuing Night, and a third sort not till they had seen the Event of Dr. Sacheverell's Tryal. They all agreed in the Design, tho' they differ'd to the Time of Execution, which however was the next Night, the 1st of March. For the 2d Witness, Capt. Orril depos'd, That about 10 at Night he was at Leonard's Coffee-House, and News was brought there, That the Mob had pull'd down Burges's Meeting-house, he then resolv'd to go about where they were, in order to do what Service he cou'd to the Government, in making Discoveries, &c. That the first Place he went to was Mr. Bradbury's Meeting-house in Fetter-Lane, where he saw the People rifling the same, and was there forc'd to pull off his Hat; And about half an Hour after Ten he went into Lincoln's Inn-Fields, where there was a Bon-fire made with the Materials brought from Mr. Burges's Meeting-house; and he saw at a Distance from him (towards Powis-House) a part of the Mob, headed by a tall Man: That he went up to him, and spoke to him, and found him to be the Prisoner, with the Queen's Coat and Badge on; That he saw him twirl his Hat, and cry, Damn it, I'll lead you on, God Damn ye, we will have all the Meeting-houses down; I'll lead you on. High-Church and Sacheverell, Hazza! He further depos'd, That that part was divided among themselves where to go next, and a Councel of Mob was call'd; some were for going to Wild-street, others objected against that, and said, That was a Hen roost, and propos'd to go into Drury-Lane, for that Meeting was worth ten of that in Wild-street: Upon which they all agreed to go to Drury-Lane, and the Mob not being so quick as their LeaderJoseph Collyer : He depos'd, That about 9 a Clock he saw the Prisoner bring the Brass-Sconce out of Mr. Burges's Meeting-house, and carry it to the Fire in Lincolns-Inn Fields, that was made with the Utensils of Mr. Burges's Meeting, and, in a kind of Procession, there go with it 2 or 3 times round the Fire, Huzzaing with the Mob, High-Church and Sacheverell! and then flung it in. He observ'd, the Prisoner had been there about two Hours, was positive to the Man, and said, That he was one of the principal Men in exciting the Mob, and went off with part of them to Drury-Lane just before the Guards came up. Several other Witnesses depos'd to the same Effect, That the Prisoner was very active in assisting, animating and exciting the Mob. The Prisoner in his Defence produc'd Evidence to prove, That he had been drinking from 9 in the Morning till 10 at Night, at which time he was very much in Drink; and one Wood depos'd, That he and the Prisoner drinking at an Ale-house in Water-Lane, about 10 at Night, News was brought thither, That there was a Fire in the Strand. The Prisoner then said, That there was a Lady in the Strand that used to buy Coals of him, and he would go to help her. That they immediately went to Temple-Bar, and stopp'd no where by the way; but at Temple-Bar they were stopp'd, and forc'd by the Crowd thro' Shere-Lane into Lincolns-Inn-Square, and from thence thro' the Wicket into Lincolns-Inn-Fields; That against the Wicket in Duke-street, the Mob seeing the Prisoner in the Queen's Cloth, caught him by the Cravat, and told him, They they would dash his Brains out, if he would not go with them, and as soon as they laid Hands of him, he left him and went Home. The Alehouse-keeper depos'd, that the Prisoner went away much in Drink a little after Ten, and being ask'd whether any News of a Fire was brought to his House? reply'd no. The next Witness for the Prisoner, was Charles Fisher , who depos'd that he was in Company of Wood and the Prisoner at the Alehouse in Water-Lane, and that the News of the Fire in the Strand was brought thither about half an hour after 8, and the Prisoner staid an hour, or an hour and half after, before he went away. The next Witness, was John Light , who depos'd that he brought the News of the Fire in the Strand, to the Alehouse where the Prisoner and his Company were about half an hour after 8. This Evidence further depos'd, That he came in a 2d time about 10, and found the Prisoner there, and it was between 10 and a 11 before he went away. The next Witness was Mr. Ward, who depos'd that he came out of the Alehouse with the Prisoner about half an hour after 10, and left him talking with one Mrs. Giles about 6 Doors from Water-Lane; who depos'd that the Prisoner was with her about a quarter of an hour. The next Witness was one Cummins, who depos'd that he saw the Prisoner at the Bonfire in Lincolns-Inn-Fields about 11 a Clock very Drunk, and the People hauling him, and making Sport, as he thought, with him. The next Witness was Mary Redding , who depos'd that going with another Woman to see for her Brother at the Bonfire in Lincoln-Inn-Fields, did see a Sconce carry'd about the Bonfire 3 times, and the Man that carry'd it, had the Queens Coat and Badge on, but that was a short Man in black Hair; and being ask'd how she could see the Man that carried the Sconce round the Bonfire, so as to distinguish him, there being a great Mob about the Fire? Reply'd, that she could see him through their Legs and Arms: She further depos'd, that going through Great Queen-street, half an hour after the Sconce was thrown into the Fire, she met the Prisoner going towards the Fire, that was almost burnt to Ashes. Sabella Prince , Redding's Companion, gave the same Account, but being asked how she saw him? replied, when the Mob opened the Ring to receive those that brought the Wood, she then saw him; being asked whether she saw the Prisoner that Night? replied, she met him in Great Queen-street coming to the Fire as she was going from it, and that it was about 11 a Clock when she met him. Rowland Walker deposed that he took the Prisoner up at Strand-Bridge, at half an hour after 11, and carried him cross the Water to his own House. Mrs. Hall and Mrs. Harvey deposed, they met the Prisoner in the Strand, going towards the May Pole about 11 a Clock. The last piece of Evidence for the Prisoner, were Witnesses to his Reputation, who gave him a good Character; notwithstanding which Defence, the Evidence for the Queen being very positive, and agreeing in all the Particulars of it; and that of the Prisoners agreeing with that of the Queens in many Points, and some of them on whom the greatest Stress seemed to have been laid, being very uncertain and contradictory, the Jury went out, and returning in a little time, brought the Prisoner in Guilty of High Treason.