Offence: Killing > murder
Verdict: Not Guilty; Guilty
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86,87,88, Edward Dalton , Rich. Griffith, alias Sergeant , and William Belt , alias Worrel , of St. Giles's in the Fields , were indicted for the Murder of John Waller . Dalton by assaulting, striking and kicking the said Waller on the Head, Breast, Belly,
Cartwright Richardson. I went to see John Waller in the Pillory. The Prisoner Will Belt brought him out from Redgate's House and put him into the Pillory, where when he had stood about two or three Minutes, Dalton and Griffith got upon the Pillory Board, Griffith took hold of Waller's Coat, and Dalton of the Waisthand of his Breeches, and so they pulled his Head out of the Pillory, and he hung a little while by one Hand, but pulling that Hand out they threw him on the Pillory-board. Belt took him up and endeavoured to put him in again, but the hung-an-Arse, upon which Belt gave him a Knock or two over the Back, with his Hand, (for I can't say that he had any Weapon) and I believe to get him into the Pillory, but the other two Prisoners and a Chimney Sweeper laid hold of Waller, and stripped him as naked as he was born, except his Feet, for they pulled his Stockings over his Shoes and so left them; then they beat him with Collyflower-stalks, and threw him down upon the Pillory-board. The Chimney-Sweeper put something into his Mouth, and Griffith ramm'd it down his Throat with a Collyflower-stalk. Dalton and Griffith jumpt and stampt upon his naked Body and Head, and kick'd him and beat him with Artichoke and Collyflower-Stalks, as he lay on the Pillory-Board. They continued beating, kicking, and stamping upon him in this manner, for above 1/4 of an Hour, and then the Mob threw down the Pillory, and all that were upon it. Waller then lay naked on the Ground. Dalton got upon him, and stamping on his Privy Parts, he gave a dismal Groan, and I believe it was his last; for after that I never heard him groan nor speak, nor saw him stir.
Council. Did you see any body else stamp upon the deceased?
Richardson. After he gave that dismal Groan the mob said he was dead, and they push one another over him; but I did not see any Body stamp upon him besides Dalton and Griffith.
Council. And don't you think they might have avoided it if they would?
Richardson. Yes, they might; but they did it designedly, for while they were stamping upon him, Griffith said to Dalton, Well played Partner, Dalton. And Dalton said, Aye, Damn him, I'll never leave him while he has a bit of Life in him, for hanging my Brother. After the Deceased had been used thus near an Hour, and every Body thought he was dead; he was taken up, and the Prisoner Belt assisted to carry him to St. Giles's Round-house, and then a Coach was brought and he put in, and carried back to Newgate, where his Mother waited to see him. Dalton and Griffith followed the Coach. As Waller was dead, those who belonged to Newgate refused for some time to take him in again, upon which his Mother went into the Coach to him. As soon as Dalton, and Griffith saw her go in, they cryed out here's the old Bitch his Mother, Damn her, let's kill her too. So they went to the Coach-door, huzzaing and swearing that they had stood true to the Stuff. Damn him, says Dalton, we have sent his Soul half way to Hell, and now we'll have his Body to sell to the Surgeons for Money to pay the Devil for his thorow Passage. Then they try'd to pull him out of the Coach, but were prevented.
Court. Did this Witness give the same Account before the Coroner?
Coroner. The Jury not being satisfy'd as to the Identity of the Persons who committed the Fact, (for Dalton was not present at the Examination, and there might be more then one of that Name) and the Fact being then charged as done by Persons unknown, I was not so curious in examining the Witnesses, and therefore no Indictment could be grounded on my Inquisition; but I believe the major Part of what this Evidence swears now was sworn by him before me.
Richardson. I did not so much mind your Cloaths, but I took particular Notice of what you said, because you spoke about your Brother.
Griffith. Do you know what Cloaths I had?
Richardson. Yes, you had an old blue Coat tore down behind; and Waller before he was stripp'd, had a great Coat and two Waistcoats.
Griffith. Was Waller alive when he was brought back to St. Andrews Holbourn ?
Richardson. I can't say, for I thought he was dead before.
Dalton. I would ask the Coroner if Waller had any Bruise upon his Privy Parts?
Mr. King, the Coroner. I viewed the deceased the next Day, and I never saw such a Spectacle. I can't pretend to distinguish particularly in what Part he was bruised most, for he was bruised all over: I could scarce perceive any Part of his Body free. His Head was beat quite flat, no Features could be seen in his Face, and some Body had cut him quite down the Back with a sharp Instrument.
William Birch . As I came out of Mr. Britland's, where I had been drinking, I saw Belt put Waller into the Pillory, but the Colly-flowers flew so thick about, that Belt was forced to get off soon after he had put Waller in. Then I got upon a Post before an Oyl-shop, but one getting up upon a Lamp-post just before, hindred my seeing what post farther; and so I got down from thence, and got upon some Palisades, and then I saw Belt putting Waller into the Pillory again, and 2 Men beating Waller with Colliflower-stalks, but I don't know who they were, nor did I hear any thing they said, for I was a pretty Way off. Soon after, the Pillory was thrown down.
Rich. Fuller. I stood in a Cart, in the middle of the Street, a pretty Way off. Belt put Waller's Head in the Pillory, but it did not say long there; for Dalton putting his Hand in the Waisthand of Waller's Breeches, tore them down, and pull'd his Head out of the Pillory: for there was such a Mob that Belt could not make the Pillory fast upon his Neck. I saw Griffith and Dalton go by me a little before. Dalton had a Blue-gray Coat, and Griffith such a Waistcoat as he has now; for I saw no Coat, as I remember.
Cartwright Richardson. He had a blue Coae tore down behind.
Fuller. When Waller's Head was out, he hung by one Arm for a Minute or two, and then fell on the Pillory Board. They went to put him in again, but he was obstinate, and fell down again. Then they beat him with Artichoak Stalks all over.
Court, They! Who?
Fuller. I can't say that I saw the Prisoners beat him, for there was a great Mob then, and I was a pretty Way off.
Richardson. I stood close to the Pillory.
Fuller. On the Thursday before (the Tuesday that) Waller stood in the Pillory, as the Carman (who was to carry the Pillory) was coming by Newgate, Griffith asked him where were his Orders for carrying the Pillory? and told him, that he had carried almost a Sack full of Artichoaks and Colliflower-stalks in readiness; and swore that he would do Waller's Business, and he should never live to stand at Hick's Hall. And a Day or two before this I met Dalton in Smithfield, and he said he wou'd be revenged on Waller, because Waller had hanged his Brother. I knew Dalton by seeing him often about Smithfield, and being always at Pillories; but I don't keep him Company, for I'm very honest. And afterwards when I and Mr. Britland a Sollicitor (who was Waller's Uncle) took Dalton in Smithfield, and thrust him into an Alehouse, he said, If Waller's Mother had stood in the Pillory, he would have served her the same.
William Wills , On Whitson-Friday, I was standing in Bow-Fair by Ned Dalton , and some others, who were tossing up for Money, and a Man said, that Waller was to stand in the Pillory. By God, says Dalton, he shall never come out alive, for I'll have his Blood.
Grace Welsh . Ten Days after Waller was kill'd as my Brother and another Man and I were drinking in Smithfield, Griffith came in, and would have sate down by the Man. Says the Man, I don't like Rebels Company, you are
Martha Smith . I am Mother to the Deceased John Waller . I did not see him till he was brought home dead in a Coach to Newgate. There was a Man in the Coach, and they put me in, and I laid my Son's Head in my Lap. Dalton stood on that side the Coach next to Newgate Lodge, and Griffith stood on the other side. Dalton call'd out to Griffith, There's the old Bitch his Mother, kill her, because I have kill'd her Son. - I have stood stiff. My son had neither Eyes, nor Ears, nor Nose to be seen; they had squeezed his Head flat. Griffith pull'd open the Coach-door, and struck me, pull'd my Son's Head out of my Lap, and his Brains fell into my Hand. Soon after my Son was convicted here, Dalton said, he had spent Half a Crown for Joy the Rogue was to stand in the Pillory, because he had hang'd his Brother, and he swore he would have his Check The Day before my Son was kill'd, as I was going up the steps. at Newgate, Belt stood there, and said to one that stood by him. That's Waller's Mother. What's that to you? says I. What, says the Man, be that's to stand in the Pillory? Yes, says Belt; but bill stand but once. He had better be hang'd, for he shall never come back alive.
Court. Did he say, he never shall, or never will ?
Smith. He said, never shall. He said those Words if I never was to go into the Kingdom of Heaven.
Belt. I never saw the Woman there; but she has often thrown Colliflower stalks at me.
Dalton. I have had my Witnesses here every Day this Sessions, but now they are gone.
Court. Carwright Richardson ! Are you any Kin to Waller?
C. Richardson. No. I never saw him but thrice before he was kill'd.
Robert Nash , Middlesex-Officer. Waller was under my Care; and while I was with him at Redgat's Alehouse in Kinestreet, Belt came to me, and I employ'd him to P Waller in the Pillory, which he de did, and I paid him for it. I was present, and neither saw nor heard that he abused Waller.
Edward Chaise , Serjeant. I was there, and neither saw nor heard of any Hurt that he did to Waller, but so far from it, that he run the Hazard of his own Life, by endeavouring to put Waller's Head in twice. It was not in his Power to prevent the Abuses the other Prisoners committed, for he was forced to get off the Pillory to save himself. Other Officers deposed to the like Effect.
Ann Harwood . I live with Mrs. Belt the Prisoner's Mother: And one Day since Waller's Death, Martha Smith (Waller's Mother) came by my Mistress's Door, and threw in Artichoak-stalks, and said she would have her Son's Blood, right or wrong.
The Jury acquitted Belt, and found Dalton and Griffith guilty of the Indictment. Death .