NUMBER VI. PART I.
Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.
Before the Right Hon. THOMAS HARLEY , Lord Mayor of the City of London, the Hon. Sir THOMAS PARKER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Hon. Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas +; the Hon. Sir RICHARD ASTON , Knt. one of the Justices of his Majesty's Court of King's Bench ||; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the said City and County.
N. B. The characters * + || ++ direct to the judge by whom the prisoner was tried; (L.) (M.) by what jury.
Henry Lear . I am a sugar refiner , and live in Water-lane, Black-friars ; on the 10th of June, about nine in the morning, going from my sugar-house to my dwelling-house, I met Cox coming out of my door, I asked him his business; he said he had been speaking to the gentlewoman; I suspected him, seeing him run I ran, and called to people to stop him, which they did, and brought him back; I missed a shirt from the table in the parlour, and a hat from a hook in the same; I charged him with them, he seeing me first put my hat behind the street-door in the entry, where I found it; he owned he had put it there; he said Child had the shirt; Child was taken up after that, and before the sitting Alderman he confessed he had taken it, and sold it to an old clothes-woman for half a crown, and carried a shilling of it to Cox in the Compter.
The prisoners in their defence both denied knowing any thing of the shirt and hat.
Both Acquitted .
408. (M.) Dorothy Allen , widow , was indicted for stealing a linen gown, value 9 s. a cotton gown, value 3 s. a silk cardinal, value 12 s. a duffel cardinal trimmed with furr, a linen apron, a cheque apron, a linen shirt, a pair of stockings, a black silk hat, and a pair of woman's silk shoes , the property of Peter Scott , May 24 . ||John Gibbons (the cloak and apron produced and deposed to;) a shift, handkerchief, and apron I found in her lodgings; she went with me to Mr. Keden and Mr. Needham's, two pawnbrokers, where several things were pawned (produced and deposed to.)
The two pawnbrokers deposed to the taking in the goods of the prisoner.
The prisoner said she had nothing to say in her defence.
Guilty . T .
Thomas Crofts . On the 30th of June I heard a hammering in a lighter that lay a long side a ship, Samuel Vaughan is owner, to which I belong; I went into the lighter loaded with sugar in Shadwell-dock, there I saw the prisoner hammering the head of a cask; he throwed down the hammer; I found two handkerchiefs of sugar, containing one hundred weight, about three or four feet from him; I secured him, he begged to be let go; I found the head had been taken off; the prisoner belongs to the lighter; there was another man in the lighter at the other end of her.
The sugar was lying there when I went down there, I was not hammering the cask.
Richard Speed . I live at Hackney ; last Wednesday I lost two live ducks about eleven o'clock in the day; the next witness can give an account how they were taken; the next day I had information there were two men in the field; we went and my men secured them, they were the two prisoners; one of them was down at the pond where the duck, were taken from.
Matthew Nicholls . I live in Hackney; I saw the two prisoners come down to the pond in Mr. Speed's field last Wednesday about eleven o'clock; I was in the foot-path coming through the field; Cruise was close to the pond washing his face, and wiped it with the lappet of his coat, the other about twenty yards distance; there were four ducks in the pond; when I came back I met Cruise with two ducks under his coat, and I saw but two in the ditch; the other prisoner was with him running cross not in the path; I went home, and in about ten minutes after I went and told Mr. Speed of it.
I was not that way that day; I never saw the other prisoner in my life before the day I was taken up.
I was at work that day which he says the ducks were taken.
Q. Where does he live?
Both Guilty, 10 d. W .
The prosecutor did not appear.
Mr. Oxlard. I live at Dulwich. On the 1st of June between nine and ten in the morning, I bought a pig of the prisoner at the bar for 22 s. and one Berier a labouring man bought another of him; they were both in a sty at Berier's; Mr. Clark's kinsman came and owned them.
Clark. My kinsman brought them both home to me at Lisson-green; my kinsman is not here.
Oxlard. I know Mr. Clark and his kinsman too.
Clark. I hearing where they were, sent my kinsman (named Ibord) for them.
Oxlard. The prisoner told me he brought them from Reading in Berkshire.
Thomas Berier . On the 31st of May I saw the prisoner driving the two pigs along the road at Dulwich; he said he was going to Sydenham to sell them; I bought one of them of him, and Mr. Oxlard came and agreed with him for the other; they were put into my sty; there were two clips on the shoulders on each of them, they were spotted black and white.
Clark. That is my mark, and they are as he describes them.
I bought these pigs at Hounslow fair on the Tuesday morning, of a man that had forty-seven pigs there.
Guilty . T .
The prosecutrix was called and did not appear.
415. (M.) Mary Conscollon , spinster , was indicted for stealing a silver watch, value 30 s. an iron chain, value 3 d. and a red glass seal set in Pinchbeck metal, value 3 d. the property of Nathaniel Puncheon , June 10 . ||
Nathaniel Puncheon . I am an upholsterer , and live in Meeting-house-court, Long-acre. On the 10th of June I got up to go to my business between four and five o'clock; in walking a little about, hearing a noise in Jackson's-alley, by Covent-garden, I saw two or three women, the prisoner was one of them; she asked me to come in, which I did; she asked me to sit down, I did; she asked me if I would give her a glass of wine; I said I was a working man and could not, I gave her some halfpence; she sent a woman for what she chose, I believe it was gin; I was leaning my arm over a chair; she took hold of my breast and snatched my watch out of my pocket, and gave it to another woman, and held me while the other woman whom she gave it to ran away with it; I said I would not quit the place till I had my property; she made me believe she would soon get it again, and went out to Broker's-alley; I followed her; she went in at a public-house there, and called for liquor and some brandy; two men came and joined her, who followed us from Jackson's alley, so I dared not detect her; we drank the liquor and went out; she made her escape to Chimney-sweeper's-alley, I saw her go into a house; I went to the door and alarmed the people, and told them I hoped they would deliver her up; I sent for a constable, she burst out at the door and fell to beating of me; she tore my clothes and made her escape before the constable came, but we found her and took her before Justice Welch, and she was committed.
Q. Where was you going to work?
Puncheon. In Fenchurch-street.
Q. What was your intent in going to Jackson's-alley, that was out of your way?
Puncheon. It was a frolick of mine.
Thomas Friend . I live in Chimney-sweeper's-alley. On the 10th of June in the morning about four o'clock, the prosecutor came knocking at my door; I got to the window, he told me he was robbed of his watch, and the woman was come into the house, (a carpenter had gone out to work and had left the door open;) I met the prisoner on the stairs; she said, for God's sake, don't let
Puncheon. The prisoner sent for me to come to her in Clerkenwell Bridewell, she wanted me to compound it; I told her I could not do it.
I know no more of the watch than they that are in France.
Guilty . T .
Peter Duffey . I am a victualler , and live at the Ship at Gun-dock, Wapping. On the 20th of June the prisoner came to me, and desired I would recommend him to somebody to go to the West-Indies; I desired him to wait on me on the morrow, and I would go with him to Lloyd's Coffee-house; he came; I recommended him; I had two gentlemen in the house; I ordered my boy to go and draw me a mug of beer in a quart mug, it was put on the table; I told the prisoner he was welcome to take a draught of it; I went to the door, and when I returned I missed my mug and the prisoner; he was found and brought back, and the mug with him; I imagine this might be his first fact, I had a very good character of him.
Mr. Etherington. I was in the prosecutor's house when the alarm was given of the mug being lost; we went out, some one way and some another; I met him in Milk-alley with the mug in his pocket; he said he was going to drink a pint with an acquaintance, and then intended to come back again.
Q. Was he walking or running?
Etherington. He was walking; when I mentioned the mug, he said he had it in his pocket.
Cou rt to prosecutor. Do you know there has been prosecutions for drawing in silver?
Duffey. I know it; I do not use it for my customers.
I went out to drink with an acquaintance, and intended to come and bring the mug back again; my acquaintance is Mr. Bromley.
Q. to Etherington. Was he going towards Mr. Bromley's?
Etherington. He was.
He called two witnesses, one had known him four years, the other seven, who gave him a good character.
Benjamin Ayres . On Whitsun Tuesday morning I missed eleven globe lamps from Spitalfields where I contract for lighting them; I had often seen the prisoner about with my men, and suspected him long before.
David Ruffey . On Whitsun Tuesday in the morning, I was called up and shewed three globe lamps; I knew them to belong to the prosecutor; I put the rims on them for the prosecutor, (produced in court.)
James Harman . I am a watchman; I stopped the prisoner with these lamps in Monmouth-street on Whitsun Tuesday in the morning; he offered me a shilling rather than be carried to the watch-house; he had a burner on his finger, one side of it was alight; before we got to the watch-house, he offered me a crown to let him go.
I had been drinking with my father and mother, uncle and aunt, and coming home about a quarter after one I found these three lamps, and knowing whose they were, I intended to give them to the prosecutor.
He called three witnesses, who said he was a journeyman weaver , and that they knew no harm of him.
Guilty . T .
418, 419. (L) James Harris and William Trubshaw were indicted for stealing four gold rings, value 20 s. the property of Mary Pearson , widow, and Mary Pearson , spinster, privately in their shop , May 26 . ++
Mary Pearson . My daughter and I are in partnership, and keep a toy-shop opposite St. Dunstan's church, Fleet-street . On the 26th of May I went in to dinner about a quarter after three o'clock, and came out again about four, and found my shew glass at the door broke, and four gold rings were taken away; my daughter went out, and seeing the two boys at the bar standing, she took them on suspicion and brought them in; I sent for a constable, who in searching found two gold rings in the lining of Harris's hat.
Thomas Reed . I am a constable; I found these two rings in the lining of Harris's hat, and in his left hand waistcoat pocket I found some wire, which I imagine he had to take things out through holes in windows.
Another lad took his hat and put it on my head, and ran away, I had never a hat of my own; I am but thirteen years of age.
I was going to my grandmother's, I met this lad (meaning his fellow prisoner,) I was asking him where he was going, and they came and took me and him.
Harris Guilty of stealing, but not privately in the shop . B .
Trubshaw Acquitted .
420. (M.) Esther Marks was indicted for stealing a Scotch carpet, value 10 s. a Pinchbeck metal watch, value 10 s. a steel chain, value 6 d. a cornelian seal set in silver, value 6 d. five pewter plates, and a copper stew-pan , the property of Elizabeth Maley , widow , April 21 . +
Eliz. Maley. I live in Duke-street, St. James's ; the prisoner was my servant about three quarters of a year; I missed some flat irons; I asked her about them, and she ran away; then I began to search, and missed the things mentioned in the indictment and more, this is about two months ago. About a month after I heard of her; I got a warrant from Justice Welch, she was taken up, and before Justice Welch, confessed the taking and pawning some at Mr. Gunston's and Mr. Brown's; the watch and seals were found at Mr. Brown's, (produced and deposed to.)
Richard Banister . I am servant to Mr. Brown a pawnbroker; a man brought this watch to pawn, his name is Broadey; he was bound over to be here, but he is not; the prisoner brought three pewter plates, and pledged them on the 30th of March for a shilling, (produced and deposed to by prosecutrix.)
- Banister. I took in the Scotch carpet of Broadey.
E. Maley. The carpet was pawned in the prisoner's name, she owned she sent it.
I offered to make satisfaction for every thing.
Guilty . T .
John Hubbard . I am a miller at Hillingdon ; I lost some flour, we guessed a bushel or more were missing; this was on Tuesday was se'nnight; we weighed the flour we found at the prisoner's, it weighed a bushel and a peck; we could see a person had got in at my mill window, by flour which he had trod in; we thought it the foot of the prisoner, on which account it was found; there we compared it with the flour in a sack where some were missing, it agreed; the prisoner has confessed he took it; we found it in about two hours after; he fell on his knees, and told me the way he took it; I made him no promise of favour; he has a wife and five children, and his wife near lying in.
James Brickman . I work in Mr. Hubbard's mill; I missed the flour on the Tuesday morning, I told Mr. Hubbard of it; we went and found the flour; he was suspected by the print of his shoes; the flour was of the same kind, I believe it to be the same; I heard him confess before the Justice that he took it, and I heard him confess at Hounslow the same.
I leave it to the mercy of the Court.
Guilty . W .
Edward Yardley . On Saturday the 11th of June I lost a silver shoe buckle from hanging up in my window in Ratcliffe highway , I am a pawnbroker ; when I was called I saw the window broke; the people called, stop thief; the prisoner was taken and brought back, then he owned he had taken it, and in the pursuit he had thrown it into Shadwell church yard; he went with us to look for it, but could not find it.
There was a coal-cart going by; they said I broke the window, but I did not; I am a box-maker, and had been that way with goods.
Guilty . B . and Imp .
423. (M.) John White was indicted for stealing a pair of leather breeches, value 20 s. a pair of silver shoe-buckles, value 12 s. a pair of leather pumps, value 2 s. four pair of worsted stockings, two linen handkerchiefs, and one silk ditto , the property of Thomas Herrick , June 20 . +
Thomas Herrick . I live at the Horse and Groom in Portland-street ; I had a fall from a horse, and while I was in the hospital these things were missing from my room over the stable; they had a suspicion of the prisoner, I went and found him, and took him up; I charged him with having taken them; he said he had got them, and would return them, he said he took them out of mistake; he fetched them to me out of his lodging-room, and some out of the hay (the things produced and deposed to.)
Prisoner. Before I plead I insist upon the things, I am tried for them, I shall not say any thing till I have them.
Q. Have you any body here to prove them your property.
Prisoner. No, I have not.
To his character.
Guilty . T .
424. (M.) Elizabeth Ransom , spinster , was indicted for stealing a black silk bonnet, value 1 d. a scarlet cloak, value 4 d. a pair of silver buckles, value 10 s. two pair of Bristol stone buckles set in silver, value 2 s. one coloured apron, value 6 d. the property of Samuel Watkins , April 2 . ||
Samuel Watkins . I live at Mile-end ; on the 2d of April I lost the things laid in the indictment (mentioning them) from out of my chamber and closet; the prisoner was my weekly servant about ten days, I suspected her; I went to Shoreditch work house, where her father-in-law was, and desired a person there to give me when he saw her, as she was absconded; on the 28th of May that person gave me notice of her being there; she owned to the cloak, bonnet, and apron; after that she took my wife down the yard, and owned to all the things; after that she owned the same to me; I got some of them again; she told me she had pawned the buckles at Mr. Bellamy's, where I found them (produced and deposed to)
Prosecutor. They are my property.
The prisoner said nothing in her defence.
Guilty . T .
The prosecutor did not appear.
Richard Atkinson . I live in North Audley-street , I lost the harness mentioned in the indictment, about the 26th of May, out of my yard; one of my coachmen said he saw a watchman take a man with some harness to the Round-house; I went there, and saw the prisoner and harness (produced and deposed to.)
Lawrence Abel . I am a watchman, I stopped the prisoner in the street between one and two in the morning, about a quarter of a mile from the prosecutor's house, with this harness, in Tyburn-road; I took him to the Round-house; he said he was carrying them to Bishopsgate-street, but did not say for who, or to what house.
A well-dressed man desired me to carry the harness to the Bull in Bishopsgate-street, he was a stranger to me; he said his name was Jourdan; I was to have eighteen-pence, and he gave me two-pence to get some drink.
To his character.
William Davenport . I am a serjeant in the guards. I have known the prisoner between eleven and twelve years, he did once work in the King's Mens, after that he went to sea; I never knew any ill of him, I look upon him to be an honest man.
Guilty . T .
Mary Mackavoy , widow , June 15 . ||
Mary Mackavoy . I keep a stall in Covent-garden ; on Whitsun Monday, between twelve and one, I lost a box, in which were six or eight yards of lawn, and a handkerchief, out of a little stall in the Garden.
Winifred Cavenhan . I live in White-hart-yard, Drury-lane; the prisoner desired the box might be left in my room while she went to her new lodging; I saw her open it, and put a gown in it; it was empty when she brought it.
Mackavoy. This box and handkerchief are my property.
I found the box empty in Covent-garden.
James Taylor . I am a gangsman belonging to Bear-key; on the 15th of June I went up into the warehouse between twelve and one, and met the prisoner with some sugar in a handkerchief, and some in his waistcoat-pocket; I secured him, there was about eight pounds of it, there was a hogshead of sugar near him that had been pilfered, it was of the same quality.
I happened to go into that warehouse; a man there desired me to carry this sugar out for him, and they came and stopped me.
Guilty . T .
William Henry Shute . I live in Cornhill ; about a fortnight ago the prisoner came to my house, I took him in from a person that rents a shop of me, he was their servant ; he staid with me from the Saturday till the Monday morning; then he went away out at the back-door into Pope's-head-alley without his hat, and at the same time four spoons were missing; he had been trusted with six to clean on the Monday morning.
William Kersill . I am a silversmith, and live in Aldersgate-street; the prisoner came to my shop last Monday was fortnight, and said he came from one Mr. Whitehouse at Islington to exchange these, a spoon for a stock-buckle, and to have the remainder of the money sent by him; I thought it proper to send a person with him to Islington, not knowing there was such a person, and ordered the person, if the prisoner offered to run away, to bring him back; he did offer to run away, and the person brought him back; then the prisoner, upon being charged with stealing the spoons, said he had robbed one Mr. Ward of Birmingham; I took him before Mr. Alderman Gosling, there he confessed the same; the next day there appeared an advertisement from Sir John Fielding , of a gold watch and four silver tablespoons being stolen; we went to the prisoner in the Compter, there we found a gold watch upon him, and likewise two table spoons; he had made away with one, as I heard in the Compter (three spoons produced and deposed to by the prosecutor, by a crest on them.)
The prisoner said nothing in his defence.
Guilty . T .
James Atkins . Coming down Fleet-street , on the other side St. Brides's church, on the 15th of last month, about half an hour after nine in the evening, there were two or three people assembled together; before I came to them I buttoned my pocket, and put in my watch chain; as I came by the prisoner took my handkerchief out of my pocket, I turned and saw it in his hand, as well as felt his hand in my pocket; I catched him by the collar, I saw him sting it behind him into the kennel; I went to stoop to pick it up, upon my stooping he got away from me; I recovered myself, and ran after him down Black-horse-alley into Fleet-market; he fell down at the corner going into Field-lane, there I catched him; he was never out of my sight; I had left my handkerchief upon the ground, and desired the people to take care of it; when I went to see for it, it was gone; it was a red and white striped one, I am positive it was my handkerchief.
John Boyden . The prosecutor and I were coming down Fleet-street together; we stopped to see what was the matter; he said somebody had picked his pocket, and turned about and took hold of the prisoner by the collar; I saw his handkerchief in the prisoner's hand, and saw it also fall in the kennel; Mr. Atkins stooped to pick it up; the
Q. What sort of a handkerchief was it?
Boyden. It was red and white striped.
I seeing a crowd of people stopped to look at them; this man laid hold of me, and said I had got his handkerchief; I thought he had a warrant out against me made me run, but when he cried, stop thief, I stopped immediately, I had not the handkerchief.
Boyden. The prisoner called stop thief directly as soon as he got into Black-horse-alley, as he ran.
Guilty . T .
Daniel Holland . On the 9th of June, between six and seven, I was in Leadenhall-street ; coming this way on the right-hand side, a little lower than the green-market, a young fellow was crossing the way with a pint of beer in his hand; he said that young man has picked your pocket; seeing the prisoner and another both run, I followed them into the green-market; I felt and found my handke rchief was gone; they wanted to turn into the leather-market, there I overtook them; then the prisoner delivered my handkerchief to me (produced and deposed to;) the people insisted upon my prosecuting; the person that told me my pocket was picked is a mathematical instrument maker, he is now in the hospital, and cannot attend.
I picked this handkerchief up, and the gentleman came after me, and asked me if I had got his handkerchief; I said I had, and delivered it to him; I am a lamp-lighter , but have been out of work this month.
John Mott the younger. On Friday the 27th of May, I saw the prisoner come down the Castle and Faulcon-yard ; (we having lost several glass bottles) I thought he was the man that took them; he went towards the warehouse where the phials lay; I ran up into a hay-loft which commands the warehouse, and saw him put his hand in the crate, and take phials out, and put them in his pocket.
Q. What is the crate?
Mott. That is what the glass bottles are brought in from Staffordshire and Worcestershire; I ran down, and told my uncle of it, and we took the prisoner in the warehouse, and had him before my Lord Mayor; we found eight phials in his pocket, and some in his hand.
He was Acquitted .
433. (M.) Joseph Hogwood was indicted for stealing a pair of linen-sheets, value 6 s. and a linen pillow-case, value 6 d. the property of William Read , the same being in a certain lodging-room left by contract , &c. May 21 .
The prosecutor did not appear.
434. (M.) William Ward was indicted for stealing one piece of new bar-iron, the weight seven pounds, value 2 s. and one piece of bolt-iron, the weight two pounds, value 4 d. the property of William Wilson , June 26 . ++
Thomas Invill . I am a wheelwright, and work for Mr. William Wilson at Mile-end; I saw the prisoner Ward come with this piece of new bar-iron (produced in court) to where I was at work, on last Monday se'nnight, between six and seven in the evening; it dropped from under his coat at my shop-door, where I had a proper opportunity to observe it, so that I knew it again by a crack at one end of it; he went away, and unlocked the old iron room door; then he came and took it up, and carried it and threw it in, and some little time after he went and opened that door, and took it out, and put it under his coat, and went out of the yard; I followed him to Church-lane, to the house of Elizabeth Smith , she keeps an old iron shop; I looked through the window, and saw her weigh it; she took it out of the scale, and gave him some halfpence, and took and threw the iron under her counter to some other iron; at his coming out I stopped him and said, Mr. Ward, how much money have you got for it; he showed the money to me, there was no more than five-pence halfpenny; this was before he had put it in his pocket; I told my master of it the next morning; then he and I, and another man, went to Smith's shop; when my master asked
William Wilson . This piece of new bar-iron is the very piece that I saw found at Smith's house; at my first asking her about it, she said she had not bought any such thing; I mentioned Ward's name to her; she said she bought none of no such man; I mentioned the time, she still denied it; then I desired Invill to go and look where she had put it; he did, and took it up immediately.
I was very much in liquor when I did it.
Guilty . B .
The evidence on the former trial were examined on this.
436. (M.) James Rackley was indicted for stealing a blue cloth coat, value 5 s. a light coloured cloth coat, value 5 s. two cloth waistcoats, value 5 s. a man's hat, value 2 s. a dowlas shirt, value 2 s. and a pair of worsted stockings, value 1 s. the property of Thomas Wakefield , Jan. 6 . ++
Thomas Wakefield . I live at Winchmore-hill in the parish of Edmonton ; on the 6th of January I had been at my daily labour, I met the constable, who told me the prisoner had been and stole my clothes, which I found to be true, and if he light of him he would lay hold of him, and examine him; he was brought to my house a month ago last Sunday; he upon being charged with taking the things laid in the indictment (mentioning them) he owned he had, and that he had sold them 20 miles beyond Reading in Berkshire; I never found them again; here is his old clothes which were found in an open hay-barn the day after my things were gone, I well know to be what the prisoner used to wear.
Anne Wakefield . I am wife to the prosecutor, I went out about half an hour after seven on the 6th of January, and left my key in a barn, where my husband knew where to find it; when I came home I could not find the key; in going on the back-side my house I saw my back-door open, I went in and up stairs, and found the things mentioned in the indictment were gone out of a chest of drawers.
William Weaver . I know these clothes produced here by the prosecutor, are the same the prisoner used to wear; he lay in that hay-loft where the clothes were found, and the very day the prosecutor was robbed he went away.
James Frazier . I overtook the prisoner at the White Hart on this side Newington, about five o'clock that morning that the prosecutor was robbed; I asked him where he was going; he said, to Leadenhall-market to see a friend; the coat he had on was blue-grey, with a black cape and black buttons, and a red waistcoat; he had a parcel in a sack on a stick on his shoulder.
Wakefield. One of my coats and waistcoat were as Frazier has described.
I did this thing, I was starving alive for want, having no friend in the world.
Guilty . T .
437, 438. (M.) Samuel Craycraft and Patrick Bourn were indicted for that they, on the king's highway, on Robert Nicholson did make an assault, putting him in fear and danger of his life, and taking from his person one guinea, one 5 s. 3 d. piece, and two shillings in money numbered , his property, June 26 . ||
At the request of the prisoners the witnesses were examined separate.
Robert Nicholson . Last Sunday was se'nnight, about twelve at night, I was going on board (I am a seafaring man ) when I was in Black-house-yard, Wapping , a little boy, seemingly about 16 years old, came up to me, and took hold of my jacket; said I, what do you want; he said, let me see what you have got in your pocket; I said, you little bastard, what do you want with me, and pushed him from me; then a person came behind me, and knocked me down (to the best
Q. What was you knocked down with?
Nicholson. I cannot tell whether with a stick or his fist.
Q. Did you ever see the boy before?
Nicholson. No, I described him to the watchman, and told him how I had been used; the boy was taken up a little after, that very night, and carried to the watch-house in Wapping; the next morning he confessed the fact, and said one was a tall man, and the other shorter, in a brown coat; that one went by the name of Jack, and the other Castleton; he said they had desired him to go along with them, and he should have better clothes; that he went with them, and they desired him to come over the way to me as I was going along, and ask what I had got in my pocket.
Q. Were there no other people going along at that time?
Nicholson. I saw none.
Q. from Craycraft. What house did you come out of at that time of the night?
Nicholson. I came out of Mr. Jackson's house, the ship in Distress.
Q. from Craycraft. Whether you did not go into any house where were women?
Nicholson. No, I did not, I only had a pot or two of beer at Jackson's, and changed a nine shilling piece; I had been with a shipmate.
Francis Sullivan . I shall be sixteen years of age on the 17th of August next. On Sunday was se'nnight I was at the Black-boy on Saltpetre-bank; I went there with other boys that had been out to pick pockets, one of their names was Terry Tinley; there was Craycraft in that house cursing and swearing, in a lewd woman's company; she was got away, and he swore if he could come at her he would searify her face, so that she should never go into company again; he did not know her name, but I do; the other prisoner sat by Craycraft.
Q. How many people were in the house?
Sullivan. There were one man and two women, the man was the waiter, and one of the women was the woman of the house's daughter; Craycraft called me Irishman; he said, here Irishman, drink; they had the Saturday before asked me to go with them; as soon as I had drank, Craycraft put his finger up to his nose and looked to the door, signifying I was to go out; I went out and staid at the corner of Blackboy-alley; he went out at the other door and made a noise after the woman, but could not find her; the other prisoner came out also; we all three went down Saltpetre-bank, about half way, a little below Terry Finley's, we met Terry, he asked me where I was going; I said, down the bank; said Craycraft, come along with us; we all four went down together, and went into Blackhorse-yard; there Craycraft told hold of my arm and searched me for money, and the other prisoner searched Terry Finley, but we had not a farthing about us; then Mr. Nicholson came by; said Craycraft, there is a sucking cull, that is, a drunken gentleman, go and ask him what he has got; he had something white in his pocket; I went up to him and said, what is that coming out of your pocket; he said, get away you little bastard; then Craycraft came behind him and knocked him down with his double fist; after he dropped, Craycraft put his hand to his eyes, and Bourn picked his pocket; the man said he had got but two-pence halfpenny in the world; then Craycraft said, hush, you thief, if you offer to speak a word, I'll cut your throat directly; the constable of the night was in the watch-house, which is close by the turning; I crossed the way, and we went up the bank to Mrs. Evans's at the Black Boy; I stood at the door while they went in and had a quartern of gin or aniseed, it cost two pence halfpenny; they had changed a six-pence, and they gave me the three-pence halfpenny; I returned it to Craycraft again; Craycraft told me the thief (meaning the man they robbed) had but a shilling.
Q. What became of Terry Finley?
Sullivan. As soon as Bourn let him go to Craycraft, after he had knocked the man down, Terry ran away; we went after this towards Tower-hill, and met a sailor, and robbed him; after that we came to the watch house, near where we robbed Nicholson; Craycraft put his head into the watch-house, and said, d - n you, blast you all together; when he was at a little distance he said, if they were to come after him he would cut their throats directly; Nicholson was in the watch-house; seeing me, he said, there is the lad; I said I will not run away; the two prisoners ran away, and they took me into the watch-house. The next day they brought me to the bench of Justices in Whitechapel; I confessed the fact and had my liberty, and was sitting in the constable's house;
Q. from Craycraft. Whether you are hired, or had the clothes you have on to tell this story?
Suilivan. I had not a shirt to my back, I was full of vermin; these clothes I have on were then in pawn, and they were got out for me; I worked very hard for this coat, but as for the money that bought the shirt and waistcoat, it was not got honestly.
Q. from Craycraft. Whether the constable is not to put you apprentice.
Sullivan. No, the Justices said to the constable, mind after this thing is over, do you take care of this boy, as he says he has friends in his own country, send him over to them, they live at Waterford in Ireland.
Q. How long have you followed picking of pockets?
Sullivan. I have followed it about two or three months; I have been almost six years from my own country.
Margaret Quist . The two prisoners came into my mother's house, the Black Boy on Saltpetre-bank, (my mother's name is Evans) about half an hour after nine last Sunday night was a week, Craycraft called for a pint of beer; there was a woman named Margaret Wright , came in much in liquor; he said to her, you had better be quiet; he began to be very quarrelsome, the woman went through the house and went away; he called for more beer, an unfortunate woman, one Frances Etherley came through the house; he pulled her into a box to sit down; she went out; the prisoner Bourn said she has tipped you the double, to Craycraft; Craycraft said, by the holy Jesus, I'll mark her, she shall not go into company a good while; he went out and came in again, and could not find her; then I went and awaked my mother, she would not draw them any more beer; they went out about a quarter after eleven.
Q. Do you remember seeing this boy Sullivan at that time?
M. Quist. He came in, I served him with a pennyworth of aniseed at better than half an hour after ten.
Q. Is that Mrs. Evans do you mean?
Gisby. It is the same woman, she has two husbands; the two prisoners came in there last Sunday was se'nnight before eleven o'clock and had some beer; they had one pint after eleven; then my mistress cleared the house, and we went to bed before twelve.
Q. Did the prisoners come again that night and had some gin?
Gisby. I do not remember that they did.
Q. to Sullivan. When you went again and they brought you out three-pence halfpenny, what time was that?
Sullivan. That was about half an hour, or three quarters after eleven.
Gisby. I give change to so many people, I very seldom take notice to whom.
Susanna M'Lean. I heard the two prisoners ask this boy to go along with them, and be a good boy; they said they would give him a new suit of clothes; I was drinking with them then at the Black Boy; it was on a Sunday in the afternoon, the boy was taken up that night.
M. Quist. This is not the woman that Craycraft made a noise about.
Thomas Chambers . I am an officer belonging to St. John's; Wapping; last Sunday night was a week about a quarter before twelve, I was at the watch-house door; I saw two men and this lad come down from Saltpetre bank; then I went to the chair; one of them came to the watch-house and said, d - n you, blast your eyes all together; the lad said some bad word to that purpose; then I spoke to one of the watchmen to come along with me, thinking they were going about some bad work; we went down a thoroughfare into Nightingale-lane, and stood at a corner about ten minutes; hearing no disturbance at all we returned to the watch-house; I laid my arm upon the watch-house door, up came the lad and the two prisoners; the lad crossed the way and said, indeed, Sir, I did not go to run away, I did not go to do it, crying and whining, as much as to say he was an apprentice to one of them; one of them talked to him as though he was his master, but I cannot be positive as to the words; then they went up Saltpetre-bank; I said to the watchmen, these people have done something amiss, this was just as the watch was going out twelve; about five minutes after this, one of the watchmen found the prosecutor and brought him in; we asked him what was the matter; he told me he had been robbed; then I took two of my watchmen and went, and searched every corner about Saltpetre-bank, but
Q. to Sullivan. Do you remember what was said as you went by the watch-house after the robbery?
Sullivan. I did sham a cry, and talk as if one of them was my master, that they should not mistrust us.
Chambers. Then I had a warrant to apprehend them; the lad said he never had been concerned with them before; he told the Justices how the robbery was committed, that the two prisoners stood at a corner, and they said to him, there is a sucking call, go to him; that he went up to Nicholson and asked him what he had in his pocket, and that the tall man came behind him and knocked him down, and put his hand upon his eyes, and said if he spoke he would cut his throat; that Nicholson said, for God's sake, spare my life, take my money, and something about his saying he had but two-pence halfpenny.
Q. What time was the boy taken?
Chambers. I believe he was taken a little after one o'clock; I took the two prisoners the same day, being Monday; there were two men singing ballads about Wilkes; the lad was then in my kitchen; he saw the prisoners go by, he told my wife they were the men; my wife sent my apprentice for me, I had a cutlace under my coat; the lad had told me they were blood-thirsty men, and desired me not to go unarmed; I went, they were talking to some paviours and two other people; I with assistance secured them.
Q. Did the lad tell you any thing of another lad being with them?
Chambers. He did, he said his name was Terry Finley of about twelve years of age, but he ran away when the man was knocked down; that lad follows picking of pockets; I do believe Craycraft was the man that looked into the watch-house and said, d - n you, blast you all together; they had the same coloured clothes on as now; one wore lighter clothes than the other, with flapped hats; I took particular notice of the boy, I can swear to him in particular.
The prisoners said nothing in their defence.
Honor M'Carty. I have known Craycraft seven or eight years; I was in company with him last Sunday was fortnight in Rosemary-lane, from about five in the afternoon, and continued in company with him till about two in the morning; between eleven and twelve I sent him in at Kennedy's at the Black Boy for a pint of beer, he and the other prisoner came out of that house together; we brought half a gallon of beer from there, and sat and drank it at another house; then they both set out for Deptford, I parted with them at the foot of London-bridge about two in the morning.
Q. to Quist. Do you remember any thing of this?
Quist. The woman went out with the beer, the men were turned out at about a quarter after eleven.
Q. to H. M'Carty. At whose house did you drink the beer?
Q. What is Craycraft?
H. M'Carty. He is a seafaring man .
Mathew Tanner , John Grant , Mrs. Newman, - Sullins, Jerrat Bourn , William Robinson , Samuel Cook , and - Dunn, appeared for Bourn, who had all of them known him about a year, the time he lived with his brother, who keeps a coal cellar in Bedfordbury, who said he was a native of Ireland, and had a good character.
Both Guilty . Death .
439. (M.) Philip Blake was indicted for unlawfully, knowingly, and feloniously shooting off a pistol loaded with gunpowder and a leaden hall at Phillis Ewen , widow , she being in a certain garden ground of her the said Phillis , May 2 . ||
Phillis Ewen . I live in Brumpton-lane, opposite the Bell, in the parish of Kensington , and keep a garden-ground; I was married to the prisoner six years ago, it will be the 17th of this month; I tried him in this court for bigamy last March sessions, he was found guilty, and branded (see his trial, No 245, in this Mayoralty;) since that heJohn Fielding last Friday se'nnight.
Q. How did you live when you were together?
P. Ewen. A very unhappy life, he was a very bad husband.
Q. Did you apprehend him to be in his senses?
P. Ewen. I did, as much as I am now.
Q. Did he make proposals that time to you that he might come and live with you?
P. Ewen. He did, and I told him I would sooner beg my bread.
Q. Why did you imagine he had made away with himself?
P. Ewen. Because he must imagine justice would overtake him.
Q. Did you fall when he shot you?
P. Ewen. No, I was supported by two persons.
Q. Was he never out of his senses while he lived with you?
P. Ewen. No, only when he was drunk, he was then as other drunken men are.
Elizabeth Freeman . I lodge in the house, I was in my own apartment, I heard a great cry of murder, I thought there were thieves below murdering the people, and if I go down they will murder me; I listened at the window, and heard Mr. Blake's voice, which I knew very well, I was at his wedding at Kensington; I hearing the maid
Q. Do you know who fired the pistol?
E. Freeman. I am sure it was the prisoner that fired it; I went down into the entry, she met me, and said, O Mrs. Freeman, he has shot me, he has shot me! I said, God forbid; she said, the bullet is in me, send for a doctor; I saw blood running down her neck: after this I heard another pistol go off in the garden.
P. Ewen. It was not this gentlewoman that saw the prisoner fly from the window, she is gone into Essex, that was she that said she saw the pistol come out of his pocket; as soon as she heard he was coming out of the hospital she was in great terror, and would not stay.
She came to my lodgings about three or four days before this happened; I asked her for a few things that were planted in the garden; she said I should have none; I desired to have a few of some that were mine when I married her; she would not let me; I made over some houshold goods to her, and have not had them to this moment; I also made over some houses to her, one at Hyde park-corner, and another at Knights-bridge, and the house she lives in; she has a silver punch ladle that was mine.
P. Ewen. These were my houses before I was married to him, the ladle was bought with my money.
Prisoner. I did not think of any such thing as firing a pistol; I went there and sat down, and asked for a little small beer; she would not give me any; I asked for a little water; she denied it me, and said she would turn me out of the house; I said I would not go out till she turned me out; I said, will you be friends with me; she said she would; I went to buss her, and going to put my mouth to her she snatched her head away, and the pistol went off accidentally; as for another pistol, I had never another about me; when she cried out, she was killed, I was so frightened that I did not know what I did; I intended to make away with myself, if she would not let me be with her, that was the reason I carried a pistol; when I married to her, the other woman was parted from me 26 or 27 years, and had married another man.
The record of his trial and conviction for bigamy was read in court, and also his receiving his punishment for the same.
Guilty . Death .
441. (M.) He was a second time indicted for stealing 200 pounds of lead, value 34 s. the property of Samuel Adams ; and Phebe, wife of Charles Dodson , for receiving the same, well knowing it to have been stolen . ++
Both Acquitted .
442, 443, 444, 445. (M.) John Murray , Isabella, otherwise Bell Mayor , Anne, wife of Thomas Cunningham , and Mary, wife of Thomas Shields , were indicted for stealing 100 pounds. weight of lead, value 18 s. the property of Alexander Murray , the same being fixed to a certain dwelling-house ; and Phebe, wife of Charles Dodson , a 2d time, for receiving the same, well knowing it to have been stolen , June 2 . ++
All five Acquitted .
The prosecutor did not appear.
His recognizance was ordered to be estreated.
447. (M.) Christiana Phinias , spinster , was indicted for stealing a silver tankard, value 20 s. two pair of silver shoe-buckles, a silk handkerchief, a pair of women's callimanco shoes , the property of Jane Gee , widow , June 19 ++
Jane Gee . I live in High-street, St. Giles's ; the prisoner was servant to me, I missed my silver tankard the 19th of June, she had then lived with me about ten days, I had no suspicion of her till last Tuesday morning; then when I went to get up I missed my shoes and buckles, I taxed her with taking them; she denied it some time; at last she gave me my shoes and buckles out of her room; then I taxed her a good deal about my tankard; she said, if I would not hurt her, she would tell me where it was.
Q. What did you say in answer to that?
J. Gee. I told her I would not hurt her if the law would not; then she told me the tankard lay in a cellar in King-street; I sent my son there, and it was found.
My reason for telling my mistress the tankard might be in that cellar was, I myself had found a pair of my own shoes there, from which I did suspect the tankard might be there.
Guilty. Recommended . B .
Q Did you know her before?
Campbell. I had seen her long before.
Q. Had you been with her before?
Campbell. I had, she was sitting at her own door, and I went into the house with her.
Q. Where had you been drinking that afternoon?
Campbell. Why with company that I met with, I had been drinking a good deal.
Q. Can you recollect what past?
Campbell. There was a good deal past between me and her, I was not so stupid in liquor but I remember what she did; she took away my purse and four guineas.
Q. What room did she carry you into?
Campbell. The ground floor in the kitchen.
Q. What money had you in your pocket?
Campbell. I had eight guineas and a half in my purse, she took four guineas of them.
Q. Did she give you the rest again?
Campbell. She dropped it on the floor, and went out to an alehouse opposite where she lives.
Q. How long was it before you discovered she had robbed you?
Campbell. I soon discovered it, I went after her immediately, and charged her; she pretended she had given the money to another, and she would endeavour to find it out; she left me there, and ran away; I took her up, the next day I got a constable, and searched all over for money; she denied it.
Q. How many times had you visited this lady before?
Campbell. I never was in her house but once before.
Q. What was the occasion of your going there the first time?
Campbell. She pretended she knew me, I having been in the army last was she called me serjeant, so upon the account of that, and the effect of liquor, I went to see her again.
Q. Are you quite sure you have not lost your money somewhere else.
Campbell. I am quite sure that I did not.
Q. Did you see her take the four guineas out of the purse.
Campbell. I saw her working about it.
Henry Burton . I am a watchman, the prisoner was quite drunk; I went there, there came a woman in with half a pint of gin; I heard the prisoner say to her, d - n his eyes, I had but four guineas of his money, I might as well have taken it all, and have suffered for the whole tote.
The Tuesday before that the prosecutor came and gave me a quartern of gin, a pint of twopenny, and a shilling; after that he came again, and desired me to go to the Boot in Cross-lane to drink some hot; there he went with another woman, I never had a farthing of his money; that evidence once swore me a bawdy-house keeper, and kept me in Newgate six weeks out of spite.
Q. to prosecutor. How was it you lost your other money?
Campbell. I was pretty much gone for it, the other woman pretended to be my friend, and she would get this woman for me, so I went along with her to that lane, and she picked my pocket of the other four guineas and a half when I was asleep.
For the prisoner.
Honor Geary . I live in Cross-lane; the prosecutor was robbed by another woman, named Margaret Cox , who lives in a ground-floor under me, he went to bed with her; the prisoner came and told him, if he went to bed to her, he would be robbed; in the morning the man got up, and made a hue and cry that he had been robbed of his clothes and money; he was locked in the room, and had neither shoes, stockings, or breeches to put on, and it rained very hard; he stood looking out at the windows complaining; the neighbours asked him what he had lost; he said, all his money and clothes.
Jane Leigh . I am a house-keeper in Well-street, Hackney . A fortnight ago last Tuesday I went out about ten o'clock, and a woman that lodges with me, to make hay; I locked the door and put the key in my pocket, we left nobody in the house; we were but about two stones cast from my house; I came home between twelve and one, and found the door open, the lock was not broke, but it was unlocked; then I missed all my things, (mentioning them by name,) and within four hours the camblet gown and cotton handkerchief were found upon the prisoner, (produced and deposed to)
Q. Did you know her before?
J. Leigh. I never saw her before to my knowledge.
Elizabeth Saram . I live at Hackney; after the house was broke the prosecutrix was frightened; I went to London to the pawnbrokers to enquire, and at Mr. Townsend's I found the prisoner there with this gown; I sent for an officer and charged him with her; I sent for the prosecutrix, she met us as we were going before the Justice; she swore to the gown and handkerchief that was taken out of the prisoner's pocket; the prisoner said the gown was given her in Shoreditch to pawn.
Thomas Kiner . I am headborough of Bethnal-green; betwixt two and three o'clock that day I was called to go to the Crown in Cock-lane, there was the prisoner, this handkerchief was found in her pocket, she was very unwilling to be searched.
George Whitley . I live servant with Mr. Townsend, a pawnbroker in Shoreditch; on the 21st of June, between twelve and one, the prisoner brought this camblet gown to me, and wanted twelve shillings upon it; I went up to fetch a shirt which she had in pawn, and in the mean time came Elizabeth Saram , and said that was one of the gowns she was looking after; the prisoner said she met a woman at the turnpike, who asked her if she knew where a pawnbroker lived, and that she delivered it to her to pawn, and she had left her at the White Horse; my master sent me out with the prisoner to look for her, but no such person could be found as she described.
I never was out of my room till about twelve that day, then I borrowed a hat and cloak, and went out to get my dinner; I met a woman on the New-road, said she, do you know of ever a pawnbroker; I said, yes, here is one; said she, will you be so good as to carry this gown to pawn for me, she told me her name was Wilson; I went with it to Mr. Townsend's, there they stopped the gown and me.
For the prisoner.
Guilty of stealing the goods only . T .
Charles Horton , the prosecutor, is a cabinet-maker in Bartholomew-close ; the prisoner was employed in sawing mahogany , he being suspected was watched by the prosecutor, who saw him put three pieces of mahogany boards into a sack of saw-dust, who stopped him when he was got about 2 or 300 yards carrying them off.
Guilty 10 d. W .
Thomas Steward . I keep a linen draper's-shop at the bottom of the Minories, Tower-hill ; the two prisoners came into my shop on the 27th of May, about five or six in the afternoon; they desired to look at some handkerchiefs; by their shuffling behaviour I had reason to suspect they had stole something after they were gone; I followed them about 200 yards; they went and leaned over some rails, I told a young man I suspected they had got some of my property; I went to them, and told them I believed I had got some handkerchiefs that would suit; in the mean time I turned up Eades's cloak, there I found a piece of cloth, containing twelve handkerchiefs, my property; then I took them to my house, they were searched, but nothing else found upon them (produced and deposed to.)
Jonathan Ball . I was standing at the door where I live in Postern-row, Tower hill; the prosecutor came and told me he believed them women had got something out of his shop; they were standing against the rails, I saw him take the piece of handkerchiefs from Eades; she said, if he sent her to prison, she would have a coach, for she would not walk.
I had been servant at Dolwich, but being sick I came away; my mother gave me a trifle of money, I went to buy a petticoat and a couple of handkerchiefs; I went into the shop with Eades, what she did I cannot tell, I am innocent of it.
The gentleman knows I never handled a handkerchief; after I was got a little way from his shop I picked up that piece of cloth.
Brown Acquitted .
Eades Guilty . T .
John Stephens . On the 2d of June, at a quarter past nine at night, coming from Prescot-street, Goodman's-fields, as I was just come to Leadenhall-street , I was shoved; I immediately thought of my pocket, I put my hand in, and missed my handkerchief, I had had it in my hand about five minutes before; coming farther on I saw two boys standing, I looked over their shoulders, I saw one of them, the prisoner, had my handkerchief in his hand; I took him into a pastry-cook's shop, he told me he had found it in Leadenhall-street, and before my Lord Mayor he said the same; I had not been in the street before I missed it, I was just got to the street end (produced in court with the letters J. S. upon it) it is my property.
I was going to see a lad home to the Minories, he let my arm go, I wondered what it was for; I looked down, and saw the handkerchief lying; he took it up, and I snatched it out of his hand; his name is Moses Paz .
455. (M.) Mary Braim , spinster , was indicted for stealing a pair of brass candlesticks, value 4 s. two other brass candlesticks, value 5 s. and five iron keys, value 10 d. the property of Benjamin Collyer , April 20 . ++
The prisoner lived servant with the prosecutor, who is an ironmonger and brazier ; he received information of some candlesticks, which were supposed to be taken from his house by the prisoner; he went as directed, and found them; the prisoner was taken up, and acknowledged she had taken them, and the keys which were found in her box.
Guilty 10 d. W .
456 (L.) Jane Haley , spinster , was indicted for stealing a canvas bag, value 1 d. two 36 s. pieces, five half guineas, one 27 s. piece, and one 6 s. 9 d. piece, the property of Richard Slogden , privately from his person , June 18 . ||
Richard Slogden . On the 18th of June I happened to be in liquor; I picked the prisoner up, I do not know the place she took me to; I met with her in Cheapside; I know my money was safe in a canvas bag, buttoned in my pocket, the same as laid in the indictment (mentioning the separate pieces) as we walked together talking of things in our way; I believe I had not been in her company above half an hour, it may be not a quarter of an hour, before my purse and money were gone; I told her she had taken it, she denied it.
Q. What house had you been in?
Slogden. We had been in no house, I told her if she would return it, I would give her half a guinea, and let all drop; she still denied it; I took her down to the corner of the street, I was so much in liquor I do not know the street; upon that a watchman that heard the dispute between us came, I told him I had lost my money; he walked back with me to the place in the street where I missed it; we took her with us, we could not find it; I then charged the watch with her, they sent for a woman to search her in the watch-house; the woman found the money and purse upon her; she kicked and scratched a good deal, and was very unwilling to be searched, it was not in her apparel.
Q. Where had she concealed it?
Slogden. It was found in her body, the bag and money was all turned out in the watch-house; then the prisoner did not deny taking it.
They searched me in a very indecent manner, I picked the canvas bag up not far from the place where the gentleman and I were together; he gave me six-pence, I do not know that he dropped his purse; then he took it out of his purse.
Guilty of stealing, but not privately from his person . T .
Elizabeth Watson . I was twelve years of age the 20th of last month; I live with my father and mother in Windsor-street, Spitalfields; the prisoner is my father's brother-in-law, he married my mother's sister, and lives in Catherine-wheel-alley, Whitechapel.
Q. Is your aunt alive?
E. Watson. She is; I went up to his house and asked for a bit of bread, he gave me a bit; then he shut the door and pushed me down on the bed, nobody was there but he and I; I asked him why he shut the door; he said nothing; I asked him to let me go, because I had been playing by the way going to school, and it was then past one o'clock; after he got up I did, and went home; I did not go to him for some time after; when I went again he served me the same as before.
Q. How did he serve you?
E. Watson. He put his hand up my coats.
Q. How long is the first time ago?
E. Watson. That is three quarters of a year ago.
Q. How do you know that?
E. Watson. Because I told the quarters.
E. Watson. With chalk in my own room on a piece of board.
Q. How many quarters are there in a year?
E. Watson. Nine.
Q. How came you to know to set the second chalk up?
E. Watson. I asked my mamma when the quarter was, and she told me.
Q. Did he do any thing on the bed to you?
E. Watson. Yes, he made me wet on my private parts and on my shift; he said if ever I divulged it, or told it to any body, how he would serve me; the next time I sat in a chair.
Q. What did he do?
E. Watson. He put his impudence into my hand.
Q. Where was your aunt?
E. Watson. She was gone out with old clothes; the last time was three weeks ago from this time.
Q. What month was it?
E. Watson. I do not know.
Q. How long has there been a difference between your mother and him?
E. Watson. My mother has not spoke to him since yesterday was a week.
Q. Is this all he has done to you?
E. Watson. Yes, this is all.
Q. How came your mother to know any thing about it?
E. Watson. That was because I could not walk nor sit in a chair.
Q. When did your mother find it out?
E. Watson. She found it out yesterday was a week; he has given me a disorder, my mother and the doctor say so.
Q. Has he done any thing to your body?
E. Watson. He has.
Q. With what?
E. Watson. With his finger the first time, and a great many times after; that was the time he made my linen so wet, I was afraid to tell my mother.
Margaret Watson . I am mother to the child; she told me this yesterday was a fortnight; she sat very uneasy on a chair; I said, what is the matter you are so uneasy; she said, I am very bad, I wish you would let me go to bed; she put her finger to her private part, and brought something very odd from her; I asked her who had been meddling with her; she said nobody had.
Q. Did you look at her?
M. Watson. No, I did not indeed; my sister came and was kind enough to send for a quartern of gin; when my husband came home I said, I am afraid something is the matter with your daughter, and told him what I suspected; my brother the prisoner came in, he was three halfpence and I the same, and we had a quartern of gin between us four; I said to the girl, now if you do not tell me who has been meddling with you, I'll cut you to pieces; her uncle took the whip and looked severe at her; she said, mother, I will tell you the truth, it is my uncle; I clapped my hands together and made bold to call her b - h; I said what uncle; she said that uncle, there he stands; I let fly with great vengeance, and asked him how he could be guilty to lie with that child; he went up
Q. was the prisoner ever searched to see what condition he was in?
M. Watson. No, he never was.
Q. How does he live with his wife?
M. Watson. As well as other people, they jar sometimes as the best of people do; I never heard no harm of him, he is a working man.
I went in at her mother's, there was another woman drinking a dram; they said, brother, will you drink, my wife was there, (the father and mother have both had the misfortune to have the soul disease between them;) said the mother, what do you think, my daughter has got so and so; then said she, we are all alike; there lay the horsewhip on the floor; said I, if she has got that distemper I would take the horse-whip and whip all the skin from her bones; the girl sat a little while and said, uncle, if I must tell you, you gave it me; she lay along with her father and mother every night; had it been as she said so long ago, must they not have found it out; there is a boy of about eighteen years of age lives in a room above them, and whenever the mother stirs out they are together; the mother has catched him on the stairs with her, and licked him for it; I have told her mother several times the girl would be ruined.
George Reynolds . On the 23d of June, about five or six in the evening, I was standing at the Rose and Crown door facing the Custom-house; the prisoner made a false stagger against me; I did not know that I had lost any thing; a little boy said, that man has picked your pocket; I went and took him by the collar; my maid s ervant will give a farther account, she found my handkerchief in his pocket, I saw it taken out (produced in court and deposed to.)
Elizabeth Pollard . My master and mistress were at the door, somebody said, that man has picked Mr Reynolds's pocket; my master got him by the collar; I put my hand in the prisoner's pocket, and took out my master's handkerchief.
I seeing the handkerchief lying on the ground, took it up, and the gentleman ran after me, and clapped his hand on my shoulder, and said I had got his handkerchief.
Guilty . T .
460. John White was indicted on the coroner's inquest for killing and slaying Mary his wife , by throwing her down stairs, by which means she received many mortal bruises, by which means she died on the 23d of May .
No witnesses appeared, he was acquitted .
461, 462, 463, 464, 465, 466, 467. (M.) John Grainger , Daniel Clark , otherwise Clarey , Richard Cornwall , Patrick Lynch , Thomas Murray , Peter Flaharty , and Nicholas M'Cabe , were indicted for being ill designing and disorderly persons, of wicked and malicious dispositions, on the 21st of April , with force and arms, with certain guns loaded with gunpowder and leaden bullets, feloniously, wilfully, and maliciously did shoot off at John Green , he being in his own dwelling-house, in the parish of St. Paul's, Shadwell , against the peace of our Lord the King, his crown and dignity, and against the form of the statute in such case made and provided . +
John Green . I live at the bottom of New Gravel-lane, Shadwell; Mr. William Russel was concerned in the execution of the act of parliament for regulating coal-heavers, he employed me as his deputy agent; I was sent for by Mr. Alderman Beckford, when I came there he told me he had employed Mr. William Russel to be his agent, and he sent me to Mr. Russel; Mr. Russel told me he was very glad I came from Mr. Alderman Beckford; Mr. Beckford had the appointing both the agent and the deputy agent.
Q. Before this were any body else employed in this business?
Green. Before this Justice Hodgson had these men under his direction; the circumstance of their first proceeding was, they were under a set of people called coal-undertakers ; they revolted from them, and insisted upon bigger price.
Q. Do you speak this from your own knowledge?
Green. I do, I shall mention nothing but what I know of myself, I was in the denomination of an undertaker myself; the coal-heavers wanted sixteen-pence a score, the undertakers would not give it; they kept off from work three or four days, then the undertakers were willing to give it; after that the coal-heavers would have eighteen-pence a score, then in a day or two they would have nothing to do with the undertakers, but would have it under the act of parliament.
Q. How long is it ago since this disturbance began?
Green. I think it began about the month of February last, several of the coal-heavers applied to me; then I got a recommendation to the Alderman, I was represented as a proper person, that I was in some degree master of it; upon which the Alderman sent me to Mr. Russel; in that time Justice Hodgson had taken them under his management: then Mr. Russel and I went down to Justice Hodgson, Mr. Russel made him acquainted that he was appointed agent by Mr. Alderman Beckford; they went into a room together, what discourse they had I cannot say; then Mr. Russel and I came home to my house, and to see for the most convenient place for an office for these men; it was our opinion Justice Hodgson's office was at too great a distance from the water-side; Mr. Russel naturally expected Mr. Hodgson would direct these people to him, as we let him know we had fixed upon an office at Billingsgate; the next day no coal-heavers came to be registered.
Q. When was this?
Green. I really cannot tell the day of the month, I believe it might be about the beginning of March; Mr. Russel then sent me down among these men, to let them know he was ready to register them at the office at Billingsgate, or any place where they should appoint; I went down and told them, several of them told me they had no objection to Alderman Beckford's appointment, but as they were under the direction of Justice Hodgson, they understood he was the Alderman's agent, and they would be directed by Justice Hodgson; then I was
Q. Had Mr. Hodgson any deputy?
Green. Yes, he had one Dunster, who had served him as clerk before, I have seen him in the Justice's office, giving receipts for ships loaded with coals, and likewise taking down the obligation for that payment, when the ship should be set to work; I have seen Dunster walking the streets with no less than 300 or 400 of these men.
Q. When was that?
Green. That was two or three days after that; then Mr. Russel advertised in the paper for men to come, still none of them came; then he advertised for them to come by such a time, or he would employ such able bodied men as chose to come; then many did come, and they were put in the gangs: this Dunster saw me doing this at Billingsgate, and he brought to my door I believe no less than 3 or 400 of these men; a great many of them threatened they would pull my house down; they said I had better be quiet, or they would do for me; this was one evening, between six and seven o'clock; they went away, some howling, some hallooing, and some pointing to me; I said, what I am doing is nothing at all; Mr. Alderman Beckford has appointed one, and I am accountable to Mr. Russel for what I shall do, and he will not suffer any mean thing to be done; Dunster was at the head of them; when they first came they did no mischief that time, several of them came back to the window (when it was coming dark) howling, saying they would have my life, and they would have my house down.
Q. What were these?
Green. They were coal-heavers, I knew a great many of them, my wife and family were very much terrified; I did not imagine but that they would act as they have; I had no arms in my house, only a brace of pistols; I loaded them, then I went to the Mansion-house to my Lord Mayor, in order to let him know the danger I was in; I did not see his Lordship, but I saw a gentleman that went to him; he said he could be of no service to me, and directed me to go to some magistrate thereabouts; they assembled four or five times before ever they attacked me.
Court. Drop all that happened from this time to Saturday the 16th of April.
Green. On that Saturday morning these men had put up some bills, a neighbour's servant went and pulled down one; the coal-heavers cried out, Green's maid has pulled down one of our bills; the girl ran over to her master's house.
Q. What was the purport of the bills?
Green. The purport was, that the advertisement was a libel upon Mr. Alderman Beckford, and that what was done was Mr. Russel's own doing; then directly they came running from different parts of Wapping-wall, and other parts, to my door; in less than fifteen minutes time I believe there might be upwards of an hundred at my door.
Q. What time of the day was this?
Green. It might be about nine in the morning, I asked them what they wanted with me; they cried, by Jesus they would have my life if I offered to meddle with any of their bills; I said I had not meddled with any, nor none had that belonged to me; one of them cried, by Jesus he shall have a bill put up at his own window; he took up a handful of dirt, and put it upon the window, and put the bill upon it; another of them laid hold of my collar, and dragged me off the step of my door; another said, haul him into the river; said another, by Jesus we will drown him; I got from them, and retreated back into my house; I then said, gentlemen, you had better go about your business, for you may bring yourselves into trouble, one way or other; it is very hard people cannot be at quiet in their business, for such a pack of abandoned rascals as you; after that I went to Billingsgate, and met several of them there; there they threatened they would have my life, it was my business to go there on my duty; when I came home it might be between four and five in the evening; I think in about an hour after that I saw a great many of these people running from their different habitations, some with bludgeons or broomsticks, and weapons of that sort; they did not collect themselves in a body, but were running to the head of New Gravel-lane, I believe about 4 or 500 of them came within 200 yards of my house; they went to Mr. Metcalp, a neighbour of mine, and threatened him; there
Q. Did any thing happen on the Sunday?
Green. No, not in particular; I saw a flash of a pistol among the rioters, but it did not go off.
Q. At what distance might that flash be?
Green. It might be about twenty or thirty feet from me.
Q. What room was you in?
Green. I was in my dining room in the front up one pair of stairs, the stones came in as thick as hail; I stood behind things as well as I could, to keep myself clear of them, from being knocked on the head.
Q. What number of them might there be?
Green. It was dark, I cannot form any judgment of the number: on the Monday I went to Billingsgate about eleven, I saw several of them there; they threatened me there, I saw Dunster there; they told me they would do for me if I did not desist in my proceedings, that was to register such people as applied; there were always some of the coal-heavers about Dunster, he talked of the advertisement that had been in the paper, and said they were mine; for he said Mr. Russel had told him he totally declined having any thing to say in it, and it was my doings only; I said, do not deceive these men, that is very wrong of you; I asked him, if Mr. Russel did not tell him he would advertise to this effect; I began to be afraid, as many of them came about me, I left them.
Q. Did any of the prisoners ever threaten you?
Green. I cannot speak to any particular person that did, only the prisoner Cornwall and Flaharty; these two men were at Billingsgate among the others at that time; I knew Flaharty by fight before, he has a mole upon his face; I had seen Cornwall before, I know his person, but not his name.
Q. Did either of these two men use any threatning words to you at that time?
Green. Yes, Cornwall did; he held his hand up and shook it, and said I had better be easy or I should be done for; I saw Grainger there, but do not remember he said any thing in particular.
Q. How many coal-heavers might there be at that time?
Green. I believe there might be between fifteen and twenty. Nothing happened after that till the Wednesday night, that was the 20th about seven in the evening; then I saw a great many of these coal-heavers assembling together about three, or four hundred yards from my house, going up Gravel-lane; I went into my house again and heard a body of people hurrying; after I had been in about ten minutes, I saw them coming from Wapping-wall, there might be about four hundred of them; they went up Gravel-lane after the others; I heard they had been threatening to burn Thomas Metcap 's house; I went out and saw the woman crying; she said she was afraid they would come and murder her and her children, and pull down her house.
Q. What is he?
Robert Davis , an old seafaring man of sixty years of age, brothers, what assistance you intend to give me to night, (which I hope you will) take care you do not fire without my order; for I don't mean to fire for having a few panes of glass broke; I went and looked out at the dining room window, there were not many people there then; I foresaw I must be attacked; I called out and said, neighbours, I beg every one of you to keep in doors, I beg you will not stay in any riot if any should happen, for I am determined to defend myself and house as far as in my power; while I was speaking, some stones came in and broke the windows; I returned from the window and sat down in a chair in the back part of the room; the stones came in, so that my servants could not put up the candles; the windows were all full of candles, except that I was talkin g out of.
Q. How many candles might be then lighted?
Green. I believe they might have got about nine or ten lighted against the windows; the candles could not stand upon the first story; I said, go up and light candles in the second story, let these stand as long as they will; she went; while I was standing there I heard a gun go off; they cried out in the street a woman with child was shot; I told them out at the window I knew nothing of any person being shot, or any gun fired, for no gun had been fired in my house as I knew of; Robert Davis was in the other room upon the same floor backwards, I was in the front room; I don't know where Gilberthorp was at that time, he had left me about two or three minutes before that.
Q. Do you know now where that gun was fired from?
Green. No, I do not indeed, it was not fired in my house as I know of; if it was, it was quite contrary to my orders; there was a very great mob assembled about my house; they came round the alley and threw stones into my first and second story windows; I went to the window and begged of them to desist, and said if they knew any thing particular of me, I was willing to resolve any thing they wanted to know; I seeing I could not defend myself, I disguised myself and put on an old watch-coat and a Dutch cap, and went down stairs in order to get a magistrate to come and prevent my house from being pulled down; I had one Dunderdale a shoemaker that lodged in my house, he went down with me; when I came down to the back door I heard them threaten they would have me and have my life; I then found it impossible to get out of the house; I ran up stairs then, fully dermined to defend myself as long as I was able; I spoke to them again in the street from the window, and begged of them to desist from what they were about, and said I could not think why they were acting against me in so violent manner; I desired them to tell me what I had done; they called out in the street they would have me and hang me over my sign-post; others said they would broil and roast me, and words to that effect; stones came up very fast. I used to shelter myself against the wall behind the window, and at different times put my head out and talk to them from the sides of the windows; I saw a pistol fired, but it did not go off, that was about the time I ordered the lights in the second story.
Q. What time of the evening?
Green. That I believe might be about half an hour after seven, or very near eight; stones came up very fast, they calling out, d - n you, Green, why don't you fire; others called out, where is your powder and ball; they said they would do for me before morning; stones were coming up quick and fast as they could; I said, I find my good lads, good words nor bad words would not do for you, come have at you; I took a brace of pistols from the table and fired among them, loaded with powder only; I then had recourse to
Q. What size balls did they fire?
Green. They were larger than buck shot, they were what may be called common musket ball; there were none came in at the rear of the house, the alley being narrow they could not stand to fire at distance enough to fire in to hurt me.
Q. How long did this firing continue?
Green. It continued all the night and all the morning at different periods.
Q. How many balls might there be fired into the room where you was?
Green. I saw many balls about the room the next morning; I remember I fired four of their balls back again; I never did count the balls; I heard them say at the time of the firing they would have my heart, and they would hang me over my signpost; I could not affect the mob from the back windows, the alley being so narrow, what I fired there went over their heads; when I attacked them backwards, I used to crawl out of the window on my belly, and lie upon the wash-house leads with my arms; I have heard them say, you that have arms are to fire upon him, and you that have stones are to heave, and so many to break the door, and so many to climb the wall; if they got up there they could get in at the window from the leads; I had Gilberthorp below to guard the door, for part of the front door was broke.
Q. Have you since made any observations about how many balls came into your room?
Green. There is the appearance in the cielings in the first and second stairs, of about 260 shot in the front, that is bullet marks, the ceilings are torn all to pieces; there are several small shot lodged in the window shutters below, they are without number; the pannel of the door that Gilberthorp guarded was broke that night; I got off I believe about nine in the morning, they continued so long firing, the longer the more desperate; they fired from the opposite windows; I saw them firing likewise out of the street door of Axford and Maplan; I could see them come to the door, and hear them say, there he comes, this might be about one or two in the morning; Axford lives at the Swan and Lamb, and Maplan the sign of the Ship; they held a continual rendezvous in the street and in the houses; they would stand in the entry, they would say, now you will have him; then there was firing; the lights of the houses were of service to me, those that discovered them to me, they ordered the people to take their lights down; they shot from the rooms opposite me between six and seven very desperately, and on till towards nine.
Q. How far are those windows from your windows?
Q. How long had you been there before the guards came?
Green. They came in about half an hour after; then one of the shipwrights came to me and said the guards were come, and desired to know what to do; I did not know what to do, fearing they might shoot me from one of the chamber-windows as I went along; he went and consulted, and said he would take their opinion; after that he came to me and told me it was Mr. Mereton's opinion, it would be best to surrender to the guards; my opinion was to lie there till high water, that it came up to the wharf, then to go and surrender to my Lord Mayor: I was told if I should be found there they would cut me to pieces; then I said, go and tell the officer to draw his men up and come into the yard, and I'll surrender myself to him; the soldiers came, and I came out of the saw-pit; I had nothing but my handkerchief about my head; I had been wounded between ten and eleven at night; I surrendered myself to the officer; Justice Hodgson said, Mr. Green, you are one of the bravest fellows that ever was, who do you intend to go before, me, or Sir John Fielding ; I said, I do not care who it is; then said he, you will go before me; accordingly we went, and when I came there he committed me to Newgate.
Q. You say you heard a woman with child had been killed?
Green. I heard so, there was such an expression made use of.
Q. What time of the night was it?
Green. I believe it was about eight o'clock.
Q. Did not you say at this time there were Gilberthorp and Davis in your house to act under your direction?
Green. Davis never fired a gun the whole night.
Q. How many times might Gilberthorp fire?
Green. I believe he did fire five or six times.
Q. Did you hear a gun go off before you heard that expression?
Green. I did.
Q. Will you take upon you to say that gun was not fired from your house?
Green. I cannot take upon me to say whether it was or was not.
Q. How soon after this was it that you saw the flash in the pan of a pistol?
Green. I saw the flash of a pistol before that.
Q. What time was it that you took the resolution to fire among them?
Green. That might be nine, I cannot justly say, it was after I gave them notice that I would fire several times.
Q. How many balls might you fire away that night?
Green. I believe I fired away 108, I fired at every opportunity I had, to keep them from attacking my doors and window-shutters; I told them I would do it, and bid them take care of themselves.
Q. What time was the pannel of the door broke?
Green. I think that was broke about ten; sometimes they would cry, d - n the bouger, all his powder and ball is gone; as soon as I discharged my piece, I supposed the door was broke; I ran down stairs, intending to fire out at the hole; I placed myself under the broken pannel, then I saw it would not do for me there; I said to Gilberthorp,
Q. What time did they begin to fire?
Green. I believe they began to fire about twelve o'clock; they flung a number of stones, there are a wheelbarrow full of stones of a heap now that were throwed into my room.
Q. Can you guess where that ball came from that struck the cieling just over your head, was it from opposite or from one side?
Green. It seemed to be from rather on one side, it was from out of the street.
George Crabtree . I keep the Black Bull, about 60 or 70 yards from Mr. Green's house. On the Thursday morning, the 21st, was the first time I went there, I found a very large mob at about half an hour past six; when I opened my door, I saw Cornwall there, he fired a musket several times towards Mr. Green's windows.
Q. Where did he stand?
Crabtree. He stood on the opposite side to Mr. Green's, I think he went into Mr. Axford's house, and returned again, and fired several times; this I saw as I stood at my own door; I saw the prisoner, David Clarey , go up a passage opposite my house, and fetch a musket, and go to Mr. Green's house, and fire it against his house.
Q. At what distance was he from Mr. Green's house when he fired it?
Crabtree. He stood on the opposite side the street, and fired it upon an angle, or aslant, he stood about ten yards from Mr. Green's house.
Q. Did you hear him say any thing?
Crabtree. I think, as he came through the passage, he said he would be revenged of Green; he then was crying.
Clarey. Mr. Green had shot my brother.
Q. What was the general cry of the mob?
Crabtree. There were so many cries I cannot recollect, there were a great many fired that I did not know.
Q. Did you see any of the other prisoners there?
Q. Did you see either of them fire?
Crabtree. No, I did not, I saw Grainger heave a stone or a brickbat from towards the end of Wapping-wall at Mr. Green's windows.
Q. Did you see the other two or either of them do any thing?
Crabtree. I cannot say I saw either of them heave any thing; Lynch had a musket in his hand, but I did not see him fire.
Q. When was the first time you saw Cornwall fire?
Crabtree. That was about six o'clock; I heard firing before I opened my door, or got out of my bed; I saw Mr. Green fire several times, in order to drive them away, and I saw them attempting to break his door with an ax; there was a gun fired out at the door that did no execution; the second fire from thence I saw wound a man in the cheek; I saw him drop the ax, and run over the way; then he dropped himself.
Q. Did you know who that was?
Crabtree. That was Clarey's brother?
Q. Do you know when the cobler was shot?
Crabtree. I believe he was shot on the Wednesday night about eight or nine o'clock.
Q. Did you see him killed?
Crabtree. No, I did not, I heard the firing, but I did not go out of my house: afterwards I stepped out, and found a man was killed; the people were then breaking Mr. Green's windows.
Q. What was Clarey that was killed doing with the ax.
Crabtree. He was cutting with it at Mr. Green's pannel of the door.
Q. What time might that be?
Crabtree. I believe that night between eight and nine in the morning.
Q. Are you sure Cornwall did not fire up in the air?
Crabtree. I saw him firing slanting, pointing towards Mr. Green's house, as by the levelling of the musket it seemed to be; I do not think he intended to fire up in the air.
Q. Did you know Cornwall before that time?
Crabtree. I knew him some years before.
Robert Anderson . I am a publican at Shadwell, I live within about three doors of Mr. Green's house; on the 20th of April at night I heard a great firing, I cannot speak to any thing done then, because I kept my door shut; but between seven and eight on the Thursday morning, I saw Cornwall and David Clarey there; when Mr. Green fired out at the door, and killed Clarey's brother, I was at my own door; I heard the discharge of the guns; I saw Clarey's brother drop, it took him in the cheek and neck; Clarey said, O my brother, my brother is killed, I will have satisfaction, I will have blood for blood! after that I saw him with a musket in his hand.
Q. How soon after?
Anderson. That may be about half an hour after; he went to fire it opposite Mr. Green's house at
Q. How far distance is your house from Mr. Green's?
Evenerus. There are three houses between my house and his, I live on the same side the street; I saw Clarey fire several times at Mr. Green's house; he was sometimes by himself, right opposite Mr. Green's house, and sometimes nearer my house; he missed fire about three times, he stood watching for Mr. Green's head coming out at the window, a s I apprehended; at another time I saw him with a cutlace, and another time with a pistol that he pulled out of his pocket, but I did not see him fire it; I heard him say the rogue had shot his brother, and if he could have him out he would hang him on his sign-post; there were many people standing by my house, fearing Mr. Green should fire upon them.
Clarey. This man is come to swear my life away.
Cummings. There is no need to wonder at his saying that, he knowing I saw him; on the Wednesday night I saw him throwing stones and brickbats at Mr. Green's window, and I saw Peter Flaharty throwing stones or brickbats in; I saw Cornwall, Lynch, and Murray there on the Wednesday night, all throwing stones and brickbats at Mr. Green's windows.
Q. Did you see any of these five there the next morning?
Cummings. I did, that was the Thursday morning; I saw Flaharty, Clarey, Lynch, Cornwall, and Murray, all on that morning firing at Mr. Green's house.
Q. Mention what you saw of each separately.
Cummings. I saw Clarey fire several times at a very little distance from the house; he fired into the house when he saw Mr. Green coming to the window.
Q. At what time of the morning was this?
Cummings. This might be from near four in the morning till towards seven at times; he pointed his gun up to Mr. Green's window; I saw Murray fire several times at Mr. Green's house; I happened to be down at King James's stairs, and there saw him buy powder and swan shot that same morning a little before six; he bought them of Mr. Potts. I saw him load his piece as he stood cross the way from Mr. Green's with them; I said to the boy that had sold him this powder and shot, sirrah, do you know what you are about; he said, O dear, call him back again; I answered, do you think I want to be killed myself; he came to the corner of Wapping-wall, I followed him; he stood there some time to see if Mr. Green came towards the window; then he went a little farther to Murphy's door; when Mr. Green came towards the window, he called, d - n his eyes, I have him now, and fired his piece at him.
Q. Did you see Mr. Green at that time?
Cummings. I did.
Q. Did you see Murray fire any more?
Cummings. I saw him fire a dozen times after this, all at Mr. Green's house; when Mr. Green came towards the window, Murray would swear and blaspheme all the time; I saw Peter Flaharty fire at Mr. Green on that Thursday morning, between four and five o'clock; whether it was a musket or a fowling-piece I cannot tell; it was a gun, I saw him firing at his house, both forwards and backwards, and I heard him make use of such expressions as are not proper to mention; he said he would have his heart, liver, and lights, and hang them cross his sign-post; I heard Clarey, Thomas Murray , and Flaharty, all three make use of the same sort of expressions; upon my coming out I left my door open, and Flaharty got in and fired out at my garret.
Q. How far is that from Mr. Green's house?
Cummings. It may be about twenty feet; I saw Lynch fire at Mr. Green's house between the hours of four and seven that morning, both backwards and forwards, and likewise out of my own garret once or twice; he made use of much the same expressions as the rest; I saw Richard Cornwall fire before four o'clock from the street; I saw him fire afterwards upwards of a dozen times, I cannot say I heard him make use of any expressions; I saw him there twice backwards and forwards.
Q. How far was he when he fired from Green's house?
Q. Have you at any time declared you have a resentment against this man Clarey, and would swear his life away?
Cummings. No, never, he attempted to take my life away; he cut me down with a cutlace, by which means I lost two quarts of blood.
Philip Oram . I live opposite Mr. Green's dwelling-house; on the 21st of April I saw Richard Cornwall fire two times, once he took the opportunity of firing at Mr. Green as he put his head out at the window, and once in at the pannel of the door; this was between the hours of six and nine.
William Burgess . I live almost opposite Mr. Green's house; on the 21st of April I saw a great mob of people firing at his house at day-light in the morning about four o'clock; I saw Richard Cornwall fire several times at Mr. Green's house with a musket; every time he saw Mr. Green he fired at him, I saw him level at him; more than that I saw the shot graze the house, sometimes on one side the window, sometimes above, and sometimes below; I also saw M'Cabe and John Grainger (these he pointed to, knowing their persons, but not their names.)
Court. Go down and touch them.
Burgess. (He did) M'Cabe asked me for my sleeve-buttons to load a piece with to fire it at Mr. Green; he examined my coat, and more than that he asked me to feel in my pocket for something to load his piece with; he had a musket, I had seen him fire it several times before that morning at Mr. Green's, whenever Mr. Green showed his head out at the window; I had an opportunity of seeing Mr. Green when he could not, I being in a room level with him up stairs: I live next door to Mr. Axford, I was standing in Axford's house when I saw Cornwall load his piece, there was an ax produced in that house; then I ran out of the house, and got up stairs in my own house; they were to cover the men breaking the door with an ax with their pieces, when Mr. Green was looking out of the window, to level at his head; they sometimes missed fire, but sometimes I saw them discharge their pieces, particularly Cornwall, he would run to the door; the word was called out, fire, there is the bouger, and when the piece missed fire he ran directly into the house again; M'Cabe enquired for some shot, he asked for some pewter spoons to cut in pieces for shot; the answer was, they had had them already; some of the others, who they were I cannot tell, said, pray let us have the pots, we will pay for them; I saw Grainger fire several times, but where he loaded his piece I cannot say, neither can I particularly say how many times he was in the street.
Q. How far distance was he from you?
Burgess. He was about the breadth of this court-room from me.
Q. How far distance from Mr. Green do you live?
Beckett. I live about 5 or 600 yards from his house; I saw Patrick Lynch load his musket at Mr. Axford's door; as soon as he saw Mr. Green put his head out at the window, he discharged his piece at him directly; I heard him say he would have Mr. Green if possible; I saw Clarey there between seven and nine; I saw him fire after his brother had been wounded.
Thomas Tuckfield . I am a hat-maker, and live near Mr. Green's; I was there on the 21st of April in the morning; I saw Cornwall there in the street, I saw him fire two or three times at Mr. Green as he was in his house; sometimes Mr. Green looked out at the window.
Q. Did you see him look out at the time Cornwall fired?
Tuckfield. I do not know that he did.
John Humphreys . I am a lighterman, I live near Mr. Green; I was at his house about a quarter after 11 on the Wednesday night; I went in at Axford's and had a tankard of beer; while I was there I saw Cornwall load a piece in that house, and fire it off at Mr. Green's house, I had not seen Mr. Green then; the next morning I got up about half an hour after five, I went there, the riot was not over; I saw Cornwall at Axford's again; he missed fire twice; he went in and charged again, and fired at Mr. Green's window; I saw him also standing over the dead corpse at Mr. Green's house; I am sure I saw him fire once over night, and twice the next morning; in the morning I say David Clarey , otherwise Clarke, fire about half an hour after six, several times at Mr. Green's house; he went in at Mr. Maplan's house, it is a public-house, to charge and fire against the front of Mr. Green's house any where where they could, to get at Mr. Green to destroy him or his house, the pieces were levelled at his windows; there wasJohn Grainger there also with a broomstick in his hand, and I also saw him throw stones or brickbats.
Q. Who was the dead corpse?
Humphreys. He was a soldier, his name was Wake, he was a coal-heaver.
Q. How was he killed?
Humphreys. I cannot tell that.
Q. How many times did you see him fire?
E. Garret. I saw him fire a good many times.
Q. Where was you at the time?
E. Garret. I then was got into the opposite house, my master sent me out the night before about nine o'clock.
Q. Did you see any more of the prisoners there?
E. Garret. I saw Lynch there, I saw him fire upon Mr. Green between six and seven; he watched Mr. Green's coming to the window, and then fired upon him; then he went round the corner and charged, and then came again, and kneeled upon his knee under the window to fire; I also saw Richard Cornwall fire several times at Mr. Green that morning.
Thomas Lecorn . I am a constable of St. George's; I was there over night, and likewise in the morning; we heard there was a disturbance at Mr. Green's house of firing; I went there between ten and eleven; the high constable and I took a walk down, there we saw Mr. Green firing out at his window.
Q. Was there any firing in the street then?
Lecorn. No, there were stones throwing up, who they were that threw them we could not tell. In the morning about seven I came there again, then I saw Cornwall standing over the corpse which was in a shell, with a piece in his hand, and look up at the window divers times, and kept it levelled over the cove of Mr. Green's window; at last he fired, and I heard the shot slap against the window or sign-post; then he said, d - n him, I have done for him. I also saw John Grainger there with a piece in his hand; he presented it two or three times, but I did not see him fire.
Q. Which way did he present his piece?
Lecorn. He presented it towards Mr. Green's window.
Q. Did you see the cobler shot?
Lecorn. No, but I saw him lying dead
Q. Did it appear to you the shot came from Mr. Green's window?
Lecorn. It seemed impossible to me that he could be killed from a shot from Mr. Green's window.
Q. What corpse was that which Cornwall stood over?
Lecorn. That was Wake a soldier; I saw bits of pewter and one ball in Mr. Green's fore chamber up one pair of stairs the next day; I took one of the principal rioters and carried him before Justice Hodgson, and he cleared him directly; the bits of pewter seemed to be doubled and slatted by the force of the firing.
Catherine Club . I saw this rioting both over night and in the morning; I saw Flaharty and Grainger firing in at Mr. Green's window in the morning; they continued firing from the hour of five till seven; I saw Mr. Green look out at his window very often; there were orders given by the mob not to fire till Mr. Green looked out, then to level at him; that was after the man was killed at Mr. Green's door: some man among the rioters said he believed Mr. Green would kill forty, before they should be able to get at him; Flaharty and Grainger both fired after that order once, but I saw them fire more than once each before that order.
Q. Where was you standing?
E. Castle. I was up at a two pair of stairs window; I saw Grainger and Cornwall come out of a house together, but I saw none but Grainger fire.
Thomas Burk . My house is right opposite Mr. Green's house. On the Wednesday night about eleven o'clock, I saw the soldier named Wake killed by Mr. Green's door; I saw Cornwall and Murray there; I shut my door up about ten, and went to a room up one pair of stairs, and looked through a pane of glass that was broke, and between three and four in the morning I saw Cornwall from the street firing into Mr. Green's house; he stood on my side the street slanting, and fired at the one pair of stairs window, the lower sashes were up, it was the dining-room.
Q. How many times did you see him fire?
Q. Did you observe any more of the prisoners there?
Burk. I saw Murray fire in at the window in the same manner as Cornwall did; there were two men got into my house the back way, I did not know either of them; they came in with two pieces, and said they must go up stairs; they fired from the first pair of stairs.
Q. Are they here?
Burk. No, they are not.
Q. How was the soldier killed?
Burk. There was a man breaking Mr. Green's door with a hatchet; the soldier came and stood behind him, he made a motion to stop down, and seemed to have a mind to help him, and I believe it was Mr. Green fired down from a window and killed the soldier.
Q. What time was this?
Burk. This was I believe about eleven o'clock over night; he shot the soldier down right.
Q. Do you know any thing of a cobler being killed?
Burk. No, I do not.
I am as innocent as the child unborn; I have people here who will swear I never fired a pistol in my life; I hope God will forgive them; here is a woman gave her evidence against me that was locked up in a closet all the time.
Clark, otherwise Clarey's defence.
What I am here for I am as innocent as a child unborn; I never charged a gun in my life.
Mr. Green at first did not know me because I had not any soldier's clothes on, I have not had a soldier's coat on since I have been in the army; that night when this affair happened at Mr. Green's, I was drinking a pint of beer at a distance in the same lane where he lives, at the Wheat-sheaf; we had nothing to do; we heard a great noise of men with cutlaces going along the streets, they knocked them against the sides of the houses and stones; we went to Mr. Blow's and drank a pint of beer, and eat a mouthful of victuals; there were four or five people came in with cutlaces and bludgeons, and told us if we did not come out directly we shall all be murdered, Mr. Green had killed two or three people; they drove us out before them, the landlord went with us; word came that the soldier was killed; when Justice Hodgson came I went to him and said, here is a soldier killed, will you give me liberty to go to the Tower and fetch a party of soldiers; he told me, no, it was too late; this was done I believe about half an hour after ten o'clock; I said, I knew if I went to the Tower they would send men, especially as there was murder committed; he told me he would give no order; I said, perhaps by the morning the murderer will be gone; he said, then let three or four surround the house all night; before I went up there that man was in the shell; when I was drinking at Axford's house I had never a sword, stick, or cutlace, or any other instrument as I shall answer it to the great God. I saw three men with muskets in their hands, one of them is here at the bar, the other two are not; they were loading them with something, I do not know what; I saw nothing but powder; one of them said, why don't you take a gun or pistol, you have been in the army, you see one of your brother soldiers is killed, you ought to have your brains blown out; I own I did put powder in a piece; I went over to the shell, (Mr. Green said to me he believed he had killed thirty, and that he believed they were buried in some hole,) I said that man shall never go so, I'll die by him first, I will stand over him till the guards come down; I went and stood over him with the musket in my hand till they did come; they asked me what I was doing; I said I was standing there that he should not be buried, as it was reported many had that Mr. Green had killed; I went home with the musket in my hand, and a man came and said it was his musket, who it was that brought it to Axford's I know not.
When I heard of this affair I came about six in the morning to Mr. Axford's; I called for a pint of purl, there was one musket, but I did not discharge either musket or pistol.
Thomas Smith was shot from Mr. Green's house by Mr. Green himself, and we came and desired him to surrender for killing that man; people in general were forcing the door, and William Wake a soldier came to the door, he was shot dead; Green continued firing till morning, many were
I was at my lodgings between six and seven over night, and went out the next morning at six, but I had neither cutlace or weapon of any sort; the woman that has charged me she does not appear herself, but has hired two more to swear against me to take my life away; I never was guilty of a riot in my life.
I know nothing at all about it, I never fired out of a gun in my born days; I suppose Mr. Green has bribed them to swear this; if they were to give me never so much money I could not fire out of a gun.
Q. Do you undertake to abide by that?
C. Murray. He was backwards and forwards, sometimes with me, and sometimes in the street; I never saw a sword or gun in his hand in my life.
Callick Chambers. I have known Grainger from a child, I never heard a bad character of him.
- Euneros. Grainger saved a sailor's life that ran into my home when the coal heavers were running after him.
For Clark, otherwise Clarey.
Mary Holland . David Clarey was a lodger of mine: I have known him and his brother three or four years, I have nothing to say against him, I never knew him to ill use man, woman, or child, in my life; he behaved extremely peaceably.
Martin Penny . Flaharty lodged in my house about two years and eight months, he never lay out of my house one night; on the Wednesday night that was Green's riot, he came home a little before nine, and took a candle, and went to bed about ten; I never saw him after that till the next day; he was an honest peaceable man in my house.
Sarah Jones . Richard Cornwall has used my shop three or four years, I never saw nothing by him but what was honest and just, I never saw him quarrelsome; the day the riot was he came into my house for a pennyworth of bread; two men came in, and asked him if he would go with them; he said, if they would stay till he eat his stake, he would go along with them; he said he was going to Greenwich out of the way; they had a pot of beer, and went out of my house together; I saw no more of him.
Q. When was this?
S. Jones. This was one day when a riot was, but not that day that Green's riot was; the other said he deserved to be ducked, and they would duck him if they could catch him, because he would not go with them that day.
Mary Leach . Cornwall lodged in my house about twelve months, I never knew any harm by him.
All seven Guilty . Death .
468. (M.) Edward Castle was indicted for that he, together with divers others to the number of one hundred or more, their names unknown, on the 10th of May unlawfully, tumultuously, and riotously assembled to the disturbance of the public peace, did demolish or pull down, or begin to pull down a certain out-house called a saw-mill, the property of Charles Dingley , Esq ; against the peace of our Lord the King, his crown and dignity . ||
Christopher Richardson . I am principal clerk or superintendant of this work, that is Mr. Dingley's saw-mill, it is at Limehouse , almost in the center of his timber-yard; it had been erected about 14 months; there is a brick counting-house joins to it where the books are kept relating to the mill; there is a room under the mill for the two watchmen to sleep in by turns; there is a fire-place in each, and under it is a chest in which was a place to lay the arms; it is all one building, they opened one into the other; the mill was to saw large pieces of timber, oak, deal, or wainscot, it could saw larger quantities of timber than could be done any other way; the mill was built of wood, the counting-house of brick. We had information on the Friday before Tuesday the 10th of May last, it was in writing sent to Mr. Dingley, to inform him a number of people were assembled together with intent to pull down this saw-mill; I immediately went down to Limehouse and got assistance; I had not been gone above half an hour before one of our servants came and told me they had entered the yard; I met the mob of sawyers and other people pretty near the mill; I asked their demands, what they came there for; they told me the saw-mill was at work when thousands of them were starving for want of bread; I then represented to them that the mill had done no kind of work that had injured them, or prevented their receiving any benefit; I desired to know which was their principal man to whom I might speak; I was shewed one; I had some conversation with him, and represented to him that it had not injured the sawyers; he said it possibly might be so, but it would hereafter if it had not, and they came with a resolution to pull it down, and it should come down.
Q. Should you know that man again?
Richardson. I should if I could see him again, but I have not seen him since.
Q. What time of the day was this?
Richardson. This was about eleven o'clock in the morning after they had entered the yard, when they were got pretty near the mill.
Q. What might the number of the people be?
Richardson. As near as I can guess there might be about 500 come into the yard; immediately they went to work and broke into the mill; they did not pull it down, but destroyed the inside; one man had a long adze, another a hatchet; I did not see a saw; one of our men says he saw a saw; I saw them at work demolishing the mill, they cut the shafts of the sail, and several other things; they destroyed all the saws and frames, and pretty near demolished the brick building, that is the counting-house; I cannot speak to the prisoner; they surrounded me immediately.
Benjamin King . To the best of my knowledge I saw the prisoner among the men that were destroying the mill; I think it was he that I saw with his head out at the place where the shaft came out at, with a cross cut saw in his hand, waving it about after the shaft came down; there were a great number of people about at the time, the greatest number were in the field or yard pulling at the sail; I saw the counting-house demolished.
Q. Did you ever see the prisoner before?
King. No, I never did.
Q. How far was you from him when you say you think you saw him?
King. Upwards of sixty yards.
Richard Johnson . I was at the mill at the time they were destroying it; I will not be sure of knowing the prisoner; I saw a man at the top of the window of the sails with a saw in his hand, some part of his body out of the mill; he pulled off his hat and waved it, it was like the prisoner,
Q. How near was you to him at the time?
Brown. I might be about thirty yards from him.
Q. Did you know him before?
Brown. No, I did not; I never was in the yard before in my life.
Alexander Forbes . I was there at that time; I saw the prisoner, I am sure the prisoner is the person I saw out at the shaft window with a saw in his hand, waving it backwards and forwards, I was about thirty yards distance.
469. (M.) Mary Gannon , spinster , was indicted for stealing a silver watch, value 4 l. one moidore, one 4 s. 6 d. piece, eleven guineas, two half guineas, and two quarter guineas, the money of Edward Lambert , privately from his person , June 23 . ++
Edward Lambert . I am a bargeman . On the 23d of June about seven in the evening, I was going along East Smithfield , there stood a girl at a door; she asked me whether I would give her a dram; I stopped and said, my girl, will you drink a dram; she said, yes, if I would give her one; I went in and gave her money to buy a quartern of gin; she gave it to a person to fetch the gin; while she was gone for the gin, another girl said to me, what will you give me to do so and so; I said she was not big enough; she said, then I'll send for a girl that is big enough; then the prisoner was sent for; she came, and asked me what I would give her; I told them both they might take the shilling between them that I had given to send for the gin; I sat down on the bed, and the prisoner by me, there were two other girls in the room at the time; in about half a minute I went to get up, I catched her hand pulling my watch out; I said, my girl, you are going to rob me of my watch; she let it fall on the floor and break the glass and minutehand; I having a mistrust she had been about my pocket, I whipped my hand to my pocket and found my money was gone, 11 guineas, two half guineas, two 5 s. 3 d. pieces a moidore, a 4 s. 6 d. piece, and some silver all, all in a brown canvas bag; I stopped her and said my girl, you are not to go off till I search you, I sent for an officer, we searched two of them, but there was no money to be found, they denied every thing; we took the prisoner to the watch-house; I never had my money again.
Q. Was you drunk or sober?
Lambert. I was not drunk, I had drank more than I needed.
Q. Where did you take that shilling from which you gave them for gin?
Lambert. I took it out of my purse; I am certain my money was in my purse then, I put it into my right-hand breeches pocket.
George Shadow . I am a constable; I was sent for to take these girls into custody; I searched the prisoner and another; I found nothing upon them but a few halfpence, and I gave them them again; I took the prisoner before the Justice the next day, and carried her to prison; she confessed to me she picked the man's pocket.
Q. Did you make her any promise before she confessed?
Shadow. I said if she would confess, it would be the better for her; she said she was concerned with him when she picked his pocket, and she handed the money to Hannah Trevit ; I have searched for Hannah Trevit but never could find her.
There were two girls with the man before I was, and he gave them 3 d. each; upon our getting off the bed the watch fell down out of his fob, I never touched the chain of his watch nor money neither; there was little Peg, she ran away with his money; they let her and the other girl go off and took me; I am but 15 years old.
Shadow. I asked the prosecutor who he could swear to that took his money; he said he could swear to none but the prisoner.
470. (M.) George Bignell was indicted for stealing a pair of silver shoe-buckles, value 8 s. half a guinea, a quarter guinea, and fifteen-pence in money numbered , the property of Samuel Standish , May 10 . ++
Samuel Standish . I lodge at the sign of the Royal Exchange, Adams's Meuse, Grosvenor-square ; the prisoner lodged there to, and lay with me; he went out about five on Tuesday the 10th of May in the morning; he is a plaisterer's boy ; he came home again, and said he was too late for work, and he lay down again; he started up again, and said, Sam, do you know how much money you spent last night; I said, yes; I took my breeches from under my head, and told my money, and all was
Q. Did any body lie in that room besides the prisoner and you?
Standish. They were all gone out to work, when he came back there were no body but he and I, then my money was safe in my breeches.
Henry Bingham . I live in Bond-street, I bought a pair of silver buckles of the prisoner on a Tuesday morning, I cannot tell the day of the month, I have melted them (as he described them, the prosecutor said his were such.)
Allen Farringdon . I took the prisoner up in a public-house with a warrant from Justice Spinnage; he confessed taking the prosecutor's buckles and money, and carried him to the house where Mr. Bingham lives, who knew him directly.
Guilty . T .
The prosecutor did not appear.
The recognizance was ordered to be estreated.
This did not amount to a felony, it was more properly a debt upon contract.
Henry Westfield an accomplice gave an account, that be and the prisoner took the things mentioned, and carried them to Mrs. Wallis's at Cow-cross at different times; the first time about Christmas lost, who received them of there, and secreted them under same rogs, where some of the things were found, as appeared by the evidence of Nicholas Love , foreman to the masons at the bridge; but there was no evidence of credit to confirm the testimony of the accomplice, as to the fact of taking them, the prisoner was Acquitted .
And he was a third time indicted for removing without authority, &c 199 iron plates and 199 iron nuts belonging to Black-friars-bridge .
There being no other evidence as to the facts but the accomplice only, the prisoner was Acquitted .
475, 476. (M.) Thomas Dunn and Caleb Brannan were indicted, for that they, together with three other persons unknown, one Thomas Morgan wilfully and of malice aforethought did make an assault; that the said Dunn with a large stick which he had in his right-hand, on the forehead of the said Morgan did strike, giving him a mortal wound, the depth of half an inch, and length two inches, and for trampling on his body with both his feet, by means whereof he the said Dunn the said Morgan did kill and murder; and the said Brannan for aiding, assisting, comforting, and abetting him to do and commit the same ; they stood charged on the Coroner's inquest for the like murder, May 14 . ++
Thomas Magennes . One Sunday morning about a month ago, between seven and eight o'clock, I met Caleb Brannan , he was flourishing a stick in a street near Tottenham-court-road; I asked him if he would give me any beer or purl; he said he would; we walked together, coming near a dead wall he shewed me a puddle of blood, and said, I have done for one you know; I asked who; he said Thomas Morgan ; he said Thomas Dunn was along with him at the time; I would not stay with him, but went away, and between nine and ten the same morning I met Thomas Morgan the deceased; I said, how came you to get to fighting; he said he was pissing against a wall, and they came behind him and knocked him down; he had a handkerchief about his head; we are paviours
Thomas Gunter. Morgan the deceased was my wife's own uncle, he was a paviour's labourer; I know nothing at all of the fray; I heard of it about a week after it happened, which was about the 14th of May; I went to see him; I found him in bed very ill, he complained of bruises he had received on his side; he had a large wound on his forehead, as near as I can guess about two inches long; he desired I would take down a few words that he had to say; I did; the words are these on this paper which I took from his mouth.
Produced in court, and read to this purport:
"me when he was in his perfect senses.
"He went to make water in a court, that five
"men came out of a house, and Dunn was the
"first man that struck him on the side of the
"head with a stick or poker; that he held up his
"hand to save himself, and that he tried to run
"away, but his foot struck against a stone and he
"fell down; then they gave him a mortal blow
"on his back, and another on his head, and then
"they jumped upon him when he was down.
"These are the words he told me the 2d of June,
I was with him about two or three hours that day.
Q. In what state of mind did he appear to be, was he calm and serene?
Gunter. Quite so, and sober; he had been confined to his bed about a fortnight or three weeks.
Q. Now recollect yourself, and tell what condition you found him in when you saw him a week after he was ill?
Gunter. He was in bed, and complained of bruises, and he had a wound on his forehead two inches long; he got up to have his wound dressed, and when he returned from the surgeon's he was obliged to go to bed again; I never saw him after that out of bed; I saw him every day after this, I always found him in bed; I did not go soon enough to see him when he went to the surgeon's; he grew worse and worse; he had mentioned Brannan, but I had not presence of mind to ask him what he did; I know he charged him with being concerned with Dunn; he said it was done in Bambridge-street, he had taken the prisoners up and they were upon bail.
James Travey . I am a paviour, I am brother-in-law to the deceased Morgan; I heard of his being used ill, and I went and saw him the Monday following at his lodgings: I desired him to come home to the house where I lodge, that my wife might take care of him, his head was tied up; he came and continued at my lodgings till he died; he was very bad, and complained greatly of his inside and head; he worked but one half day after he received the hurt, he lived about three weeks after it; he told me he was drinking along with one Fanning, and this Fanning had occasion to ease himself; and that he, that is Morgan, went a little way up in the court to make water, and that Dunn came out of a house with some beer, and asked Fanning what he was doing there; he said he was easing himself; Dunn said, I will ease you presently; Fanning got up, and ran away without having time to put up his breeches; he could not catch Fanning, but he came up and hit him a blow over the head with a stick or poker, the blow almost stunned him; that he attempted to run away, he kicked his foot and fell down, and fell in attempting to get up again; Brannan knocked him down, and then either one or the other jumped upon him, and gave him several kicks on his side; we got a warrant for the assault about ten days before the deceased died; we took them up, they bailed it; I took them up a second time after my brother died, I cannot tell the day he died, but we took them up the day after; I did not see him for a day or two before he died, he was in such agony I could not bear to see him.
Mr. Sheldon. I am a surgeon, the deceased came to me first the 16th of May, about four in the afternoon; he desired I would dress his head of the wound he received on the Saturday before at night; I found it to be a wound on the middle of his forehead, betwixt one and two inches long; it was pretty deep, as deep as it could well go; it was only through the flesh, it did not appear to have affected the scull; there was a good deal of clotted blood, it seemed to me to be a wound that might have been received by almost any kind of instrument by a cut, by a fall against wood or stone; I concluded it was by a fall, I dressed it; he came regularly I think for 14 days to be dressed, it mended considerably till about the last day of May, or first of June; he had some fresh symptoms; I found he had a fever, I desired he would not come out any more; I attended him at his home from I think Whitsun Tuesday to his death; I found him in bed continually with a very bad fever; he continued to grow worse and worse till
Q. Did he never complain of any injury he had received.
Sheldon. The first day he said he had hurt his back with a fall, and that was black and blue; the next day he said it grew better, I never asked him any thing more.
Q. Did he never complain somebody had done him any injury?
Sheldon. I do not remember that he did; he gave me a very incoherent account, that I rather thought he was drunk when he received it.
Q. Did he not complain of his inside?
Sheldon. No, not till he had the fever.
Q. When he first came to you to have the wound dressed, how did he say it came?
Sheldon. He said it was done by two men, but he did not mention what men to me.
Q. You say it was an incoherent account, I wish you would tell what kind of a story he told you.
Sheldon. He said he had been hurt by two men.
Q. What led you to think that an incoherent account?
Sheldon. Because he said he had a warrant in his pocket, and he never mentioned their names to me.
Q. Did you ever ask their names?
Sheldon. I asked him if he knew who they were, he did not tell me then.
Q. Did he tell you one way or the other?
Sheldon. I do not recollect that he told me any names.
Q. Did he say he knew them?
Sheldon. He said he did know them.
Court. I shall take it for granted, by your account, that you think he died of a fever.
Sheldon. I think he died of the fever.
Q. If the fever was occasioned by the wound, would there not be an alteration in the wound?
Sheldon. I should have thought there would have been an alteration in the state of the wound much more than there was, or a swelling in the head or eyes, and there never was any swelling there; I looked upon him to be a man of a bad habit of body.
I was taken up the day after he was dead, I never saw the man in my life before I saw him before Justice Welch; I have witnesses to prove I was in bed at the time this was done.
I have witnesses enough to prove I was in bed when he was struck.
For the prisoners.
Mr. Raney. Dunn has worked for me twelve months in paving the streets, and Brannan two years; they have behaved exceeding well, two as innocent men as ever I employed; I have reason to have a bad opinion of the witness on the other side.
Magennes. There was a witness had three guineas not to come here to give evidence against them; I had a guinea myself, I did sign a note not to appear against them.
- Tracey. I have enquired after Fanning, he has been bribed, and is gone to Ireland; he had but four shillings to take that Saturday, there have been several people after him, but he is gone.
Matthew Murphy . I have known both the prisoners twelve months; I keep the Ship in Bambridge street, I was told the next morning how it happened; Morgan was there after the thing happened, I never saw two better behaved men in my life than the prisoners are.
Both Acquitted .
477. (L.) Joseph Sterne was indicted for breaking the dwelling-house of Thomas Royle , on the 17th of October, about two in the morning, and stealing three silver table-spoons, value 30 s. two silver tea-spoons, value 4 s. a pair of tea-tongs, value 2 s. a silver pencil-case, a linen shirt, two linen aprons, two linen towels, two linen handkerchiefs, a pair of leather breeches, the property of the said Thomas; and one linen handkerchief , the property of Margaret Gregory . ++Margaret Gregory , who is our washerwoman , had been washing, and she had a handkerchief missing; she said afterwards she saw her handkerchief upon a woman's neck at Newington in Surry; I desired her to enquire her name; she did, and came and told me her husband was named Sterne; I then thought it was likely to be him that got in, he having lived servant with me twice before; I took a warrant, and went to his house; we found some old aprons of my wife's, and two towels in his apartment; he had on him my breeches, and my buckles, and my handkerchief; he said, he hoped I would be merciful to him, and not take away his life; I told him I would be as favourable as the nature of the case would admit; he told me he had pawned two spoons at a pawnbroker's in Leather-lane, Holbourn, which he had afterwards sold out and out to the man; I went there, the pawnbroker acknowledged that to be true, and remitted me the money in the room of them.
Mary his wife deposed to that of the things being missing; and
I am guilty of the fact, I did it at a time of necessity; I was just come out of Guy's-hospital, my wife was just brought to bed; I lived two years with my master, I dare say he will give me a good character; I found the door open as I was going by.
Royle. The time he lived with me I thought him a very honest fellow.
Guilty 39 s. T .
Thomas Warner . I live in Compton-street, St. Anne's, Soho, I am a hatter; I was going by Monmouth street, I saw a tumult, I was curious to go and see what was the matter, this I think was last Thursday about eleven or twelve at noon; I heard a constable called for, I saw a person pull out two pair of breeches, one of leather, the other stocking breeches from out of a sack.
Abraham Butler . I am servant to Mr. Kilby, he is a draper and salesman at the corner of King-street, St. Giles's ; the prisoner came to our shop that day about eleven o'clock to look at a scarlet waistcoat; I shewed him several; then he asked for a strong coat, after that a waistcoat with sleeves, I had never a one to shew him; then he asked for a boy's coat and waistcoat of about fourteen years of age, I shewed him some, he said he did not like them; I looked at his sack, and asked him if he had any thing to sell, seeing he had something in it; he said, no; I observed the mouth of the sack was not in the same position it was when he came into the room; I asked him over again whether he had any thing to sell; he said, no; I looked on it again and saw a pair of stocking breeches, which breeches I had taken in change of a customer, and they had been to the taylor to be rectified in something they wanted, that was two or three holes mended, and to be dearned at the knees; I asked the prisoner whether he had bought them at any shop; he made a hesitation, and I think he answered at last, yes; I did not care to challenge him with them, because I was not certain they were ours; I put them into the bag again and we came down stairs, he went away; I then asked my fellow servant if he had marked such a pair of breeches; he walked up stairs, and said they were gone; I said I was sure that man had taken them away; we both went cross the way, the prisoner was gone in at our opposite neighbour's; he was then coming down stairs; I asked him if he had such a pair of breeches, he said he had a pair; there was in his bag a pair of stocking breeches, a pair of buckskin breeches, and an old great coat.
Q. Can you of your own knowledge swear the stocking breeches are your master's property?
Butler. I can, I took them in change, and when I came to examine them again, I knew them to be the same.
Q. Who sent them to be rectified?
Butler. I saw the defect in them myself; it was my master I believe that sent them to be done.
Q. Are there any dearns in the knees of these breeches?
Butler. Yes, there are.
John Dyke . I marked the black stocking breeches, (it is now upon them,) I did it after they came from the taylor's, and put them up close by the window; when my fellow servant desired me to go up, I looked and they were gone: they were there at eight in the morning, and the prisoner at the bar
Q. How are they marked?
Dyke. They are marked with the letter N with a pen and ink.
It was a wet day, my master said I could not go to work; I came to London to buy me a surtout coat and a bit of bacon; a man gave me a tap on the shoulder and said, countryman, do you want to buy a bargain; he said he had got a pair of breeches, he asked me 15 s. for them; I told him they did not fit me, and I should not try them on; he said I should have them cheap; I offered him 9 s. for them; he went a yard or two, I offered him 9 s. 6 d. then he came back and said I might have them; I bought them and put them in my bag, this was in Tottenham-court-road in the street; then I went into that gentleman's shop and asked him if he had a surtout coat to sell; he said he did not think he had; I asked him if he had a good waistcoat; after that I came down and went into a shop opposite to him; while I was looking after a coat there, the man came and took hold of me, and said I must walk into his house, he said I had stole some breeches, then I shewed them to him.
To his character.
William Payne . I live in Houndsditch; the prisoner lived servant with me part of two years, he was very honest at my house, I trusted him with goods, he always gave me a good account; I was then in the baking business.
Q. Have you known him in town?
Hinchman. No, I only knew him in the country.
Guilty 10 d.
Thomas Partington . I am servant to Mr. Tims at the corner of Monmouth-street ; the prisoner came to me and asked me for a second-hand surtout coat, this was the same day the other breeches were stole; I took him up into the warehouse in a one pair of stairs room, I thought I had a coat that would do for him that was below stairs; I went down and left him there; he pulled off his coat and waistcoat in order to try this coat on; it did not fit him; he asked me if I had a second-hand strong waistcoat with sleeves; I said I had not one that would suit him; I opened the door in order to let him go down stairs, Mr. Butler came and challenged him with a pair of stocking breeches; as they were going before the Justice, I thought I would go and see if he had any thing belonging to my master; there were a pair of buckskin breeches produced, the Justice asked me if I knew them; I said I did, they were the property of my master; they were taken from off a shelf almost facing the door he came in at, they were marked Ry, I was not present when they were taken out of his sack.
Q. Did you take notice of the mark?
Warner. No, I did not.
Mr. Leighton. I was present when the buckskin breeches were taken out of the sack; I took notice of the mark upon them, I can swear these here produced are the same.
Guilty . T .
479, 480, 481, 482, 483, 484, 485, 486, 487. (M.) James Murphy , James Dogan , Thomas Carnan , otherwise Carne , John Castillo , Thomas Davis , James Hammond , Hugh Henley , Michael Doyle , and Thomas Farmer , otherwise Terrible , were indicted for the wilful murder of John Beattie ; the first, that is, James Murphy , for giving him a mortal wound with a drawn cutlace on his head; and the others for being present aiding, assisting, comforting, and abetting him the said Murphy to do and commit the said murder , May 24 . ||
James Beckett . I am a watermen, I know all the prisoners at the bar; I have known Castillo six or seven years, Murphy about three months, Carne about two or three years, Farmer about four months; I have not known Davis above a month; I have known Hammond six or eight months, Henley about six months, Doyle about three or four months, Dogan I have known but a little while. On the 24th of May I saw them all about two o'clock; they came down outrageous, hallooing, with sticks and cutlaces, for the sailors to come on shore to engage them; there were some sailors in boats, they found they would not come on shore, they walked back again; then in about half an hour they gave them three chears, and desired them to come on shore; Grainger took a boat and went off, then a ship's boat put off to him; then he said, you shall not kill me, and he rowed on shore again; they stood about half an hour, hallooing and knocking their sticks and cut-laces against the wall; at last they laid down their sticks and cutlaces, and called out, they would not hurt them; then two boats came on shore, six in one boat and eight in the other; when they came on shore, the sailors asked what was their intent in coming on shore, why did they not stay on board and work; the coal-heavers said, one ship was at work, and they should not long, for no body should work it but themselves; they were thus holding a bit of an argument: one Peter Pratt , a sailor, came on shore; one of the coal-heavers came and shoved a stick against his throat, another came and said, if he did not hold his tongue, by Jesus he would cut his head off; then Pratt walked down the stairs again, and took to the boat; one of the coal-heavers came down with a cutlace in his hand, and ran and struck him; as soon as they saw that all the coal-heavers began striking, directly there were some of the sailors on shore close by the boat; the coal-heavers began to cut and knock about as fast as they could; some that were in the boat were knocked over-board, some of the coal-heavers got into the boats, and fell to cutting them; some of the sailors jumped over-board, some lay under shore bleeding; Peter Pratt got overboard into a lighter; the deceased, John Beattie , was knocked over the stern of the boat, and it being a stood-tide he got upon a raft of timbers, and one particular man got up after him, and began to cut away as fast as he could.
Q. Which boat was the deceased in?
Beckett. He was in that which had the six men in it; I saw Murphy strike him once or twice with a cutlace, I cannot justly say whereabouts he struck him, there were so many of them about him; it was much about his head and shoulders: I saw also James Dogan upon the timbers with a stick in his hand, he struck the deceased once, twice, or three times, and afterwards flourished his stick over his head; he had the stick in his left-hand, he is very remarkable, his right hand is lame; the deceased lay on his face ging for mercy; I heard him say, for God's sake do not take away my life, do not kill me, gentlemen;
Q. How many might there be on the timbers?
Beckett. I suppose there might be sixteen or twenty, there were no sailors there but the deceased.
Q. Did you see any of the other prisoners there at that time?
Beckett. I saw Carne on the side of the dock in the mob on shore, he got a blow on the right-side his temple with a stone; there were many stones throwed, I do not know who throwed them; I saw Tom Farmer there, he had a drawn cutlace in his hand; he offered 5 l. for a sailor's head for supper, and 10 l. for a merchant's, that was in the streets, walking down towards the water; about three or four minutes before this was done, he came down at the head of them, but I did not see him after; and Michael Doyle was at the head of them also with a cutlace in his hand, he said the same; I saw Hugh Henley there with a cutlace in his hand; I took to my boat, and went fifteen or twenty yards off from shore.
Q. Were any of these sailors armed at the time this happened?
Beckett. No, none of them were, if they had any I must have seen them, this was between three and four o'clock; I saw Thomas Davis there, he was armed with a broomstick, he was in the water, about ten yards from the deceased when he was murdered; he was one of those pursuing the sailors, the mob was so thick that I could not see all; I saw John Castillo there, he had a drawn cutlace; I saw him in Thomas Spikes 's boat, a waterman, he wanted to talk to the sailors; this was after the sailors had taken to their boats, he was pursuing them.
Q. Had the sailors stones with them?
Beckett. No, they had not, I did not see them throw any; I saw the coal-heavers walk all away together after the murder; Murphy flourished his hanger, and some of the others did the same, I saw Doyle do it.
Q. Did you ever quarrel or fight with Murphy?
Beckett. No, I never did.
Q. Had none of the sailors been on shore before they called to them to come on shore, and engaged them?
Beckett. I do not know that any of them had, I am sure none of them had been on shore before the coal-heavers had called to them to come on shore; there had been no conversation between the sailors and coal-heavers as I knew of before; this was the first I ever heard or knew of; when they came on shore, I am sure none of the sailors made any attempt upon the coal heavers; they were talking about five minutes, then I saw the sailors run away, and in about six or eight minutes the deceased got upon a rast of timber; I saw Murphy upon the rast, he cut the deceased.
Q. How far was the raft from the causeway?
Beckett. It was about ten yards from it; the timbers were masts, one end lay upon the shore, and the other lower in the water; it was about an hour's stood.
Q. Are you sure Dogan was there?
Beckett. I am, he struck the deceased upon the timber; there were a great many people there out of curiosity,
Peter Pratt . I am a sailor belonging to the Thomas and Mary, Richard Codling , master, she lay in Shadwell-dock; there were a great many colliers lay in the river, and no coal-heavers to be got, then our master employed the ship's company to unload; the coal-heavers came on board, and were going to murder us, and opposed our working; this was on Monday the 23d of May; I cannot say I know any of the prisoners, we continued to work. The 24th there came a gang on board, whether it was a false gang or not we did not know, and therefore we would not deliver the ship up to them to work; they went on shore again, there were twelve or thirteen; some of us went on shore between three and four o'clock in two boats, to know why they left off work; we wanted them to go on board their ships where they were at work; they called us to come on shore from our vessel, which lay 2 or 300 yards from shore; Beattie, the deceased, was with us in the boat I was in, he belonged to the Freelove; our ships lay in one tier close together; when we came to the shore I got up stairs, and shook hands with many of them; one of them came and ran a stick at my gullet, I had given no provocation for it; three or four words passed, and I went down again directly, we had no arms with us; in about ten minutes after that we were all attacked and knocked down by the coal-heavers; a great many of them had sticks and cutlaces, there were none on shore but myself as I know of; the rest were in the boats, one end of the boats was on shore; they came and got hold of them, and drawed them farther on shore; I was taken up for dead, being wounded on my head, and all over my body; they hoved us out of the boat into the water; I got into a sculler, and got off into a lighter, there
Q. Was not your intention, when you went on shore, to have a battle with the coal-heavers?
Pratt. No, what with 3 or 400 men, we did not go for such a purpose.
Q. Was there not a flag hung out for a signal for others to go and assist against the coal heavers?
Pratt. There was a flag out.
Richard Robson . I belonged to the ship Amity, I left her the 20th of May; I went then on board the Thomas and Mary, Capt. Codling, I remember there were a good many coal-heavers on shore; the 24th of May I went in one of the two boats, Beattie was in one of them; we went to see what was the matter; the coal heavers had left off working in the ships that they had been at work, they were standing on the shore; as soon as they saw the boats coming they laid down their sticks, and shook hands with some of us as we were near shore; several of them ran into the water, and with a cord hauled the boats on shore; Peter Pratt was got on shore; the rest of the coal-heavers came down with sticks, and paid us over our heads; they knocked me down three or four times, I had three or four wounds, my head was either bruised or cut; I lost my senses, and was carried in a chair to the hospital.
Q. Had you any arms in the boats, or stones?
Robson. No, we had no arms in the boats, nor stones neither; I did not fling a stone, nor none of our men in the boats.
Elizabeth Moncoe . I was between Shadwell-dock stairs and James's stairs, I saw all the prisoners there; on the 24th of May, between four and five o'clock in the afternoon; I was frightened, seeing stones throwed at the sailors at coming to the shore; Murphy and Hammond were so severe in flourishing their cutlaces, and striking the poor lad that lay upon the raft; I saw Murphy strike him several times with a cutlace, he had a stick in one hand, and a cutlace in the other.
Q. Which did he strike him with?
E. Moncoe. I do not know with which it was, there were a great many people throwing stones, there might be 20 or 30 of them throwing stones and brickbats; I saw Hammond among the crowd, flourishing a stick, saying, he would have the first sailor's head that came on shore; there were a great many of them upon the rast with the deceased, I cannot say I saw Hammond upon the rast; I saw Murphy several times on shore, I have seen him several times and in different dresses, I knew him before, though he changed his clothes.
Mr. Grindal. I am a surgeon, I attend the London-hospital. On the 24th of May in the afternoon, between six and seven, to the best of my remembrance, the young gentleman that attends to take in accidents, sent me word a very dreadful one was just come in; I went to the hospital, and found John Beattie there, he was very sensible; he had received a blow, which he said was by a broomstick that broke his nose; he said there were several of these men set upon him; he said one knocked him down with a broomstick, another cut him cross the head (the wound began at the temple, and went quite to the back part of the head through the skull) done with a cutlace; it had broke a piece of bone in about the bigness of a shilling, which I took out, it went through the scull into the brain; he said he thought they left him for dead, but seeing him struggling another came up, and gave him a cut cross the shoulder ( which went into the joint of his shoulder;) he languished ten or twelve days in a deplorable situation, and then died.
Q. To what do you impute his death?
Grindal. I impute it to that wound on his head, they were either of them enough to have killed him.
Q. Did he mention who they were that did him this injury?
Grindal. He mentioned no names, but said they were coal-heaver, and that there were a great many of them.
William Andrews . I am a waterman, I was at Shadwell-dock on the 24th of May last, I saw from the beginning to the end of this affair; I saw the two boats come on shore, I believe there were three, they seemed to be very sociable together while the watermen were in the boats, that is, the coal heavers and sailors; after they began, which was in half an hour, I saw the coal-heavers beat the sailors in such a barbarous manner they were obliged to jump overboard, whether they could swim or not swim; I saw three of them jump over board, one Ashley and I were in a boat together, near Shadwell-dock; I saw several people on the timbers, with sticks and cutlaces, using the deceased in a most cruel manner; I saw a great number of cutlaces, I saw the deceased struck several times with cutlaces.
Q. Do you know either of the prisoners?
Andrews. I know Murphy, I have carried him on board, and brought him on shore when he has left work; I saw him come down Shadwell-dock
Q. What time was this?
Andrews. I believe this was about four o'clock in the afternoon; I cannot say who struck the deceased, nor who did not; I was at about 100 yards distance, the chiefest man that I took notice of was James Hammond ; after the man was murdered I saw him about twenty yards from the timber, they were then all coming huzzaing up to the shore, he was one of them.
Q. How big was the raft?
Andrews. It was four or five times as big as this table in the court (that is, near four yards long and one over;) I was obliged to keep off, searing the brickbats which were throwed; the coal-heavers went huzzaing, daring the sailors to come on shore, some crying 50 l. for a sailor's head, some threatening they would rip them open; there might be 2 or 300 of them all.
Q. What time did you see Murphy?
Andrews. I saw him at Shadwell-dock before I saw the people on the rast, that was about half an hour or three quarters before I saw them upon the rast; they were sometimes disputing with the sailors, I thought they were all agreeable together: I would have shoved my boat, and took some of them up, which were overboard, if I could, but the stones came so that I could not.
Q. How long were they upon the rast?
Andrews. They were there about a quarter of an hour.
Thomas Touchfield . I remember this affair at Shadwell; I saw Thomas Davis there, I saw him go into the water, and take hold of the sailors boat, with a stick in his hand, as the boat was going off; he was among the coal-heavers, I cannot say I saw him strike any body; he hauled the boat back again, the people were so thick upon the shore that I could not see through them; I saw some blows pass from the coal-heavers when Davis took hold of the boat, they struck the people as they lay in the boat; there were two men lay down for dead in the bottom of the boat.
John Mason . I live with Daniel Burk , a ship-chandler, on Wapping-wall; I saw it from the beginning to the end, I was on a barge near Shadwell-dock, I observed some sailors in some boats coming to land; the sailors began to call to the coal-heavers to shake hands in a friendly manner, till about ten or a dozen might be on shore; this might be about three o'clock: as soon as they had got on shore the coal-heavers marched down the stairs, some with sticks, and some with cutlaces, and fell upon them in a most desperate manner; they struck the sailors as fast as they could; it is impossible for me to tell how many sailors came down, there were as many as could fill the stairs, and more behind; then some of the sailors got into the boats again, and pushed off into the water; they were all got in, except one young man; when he was got in the boat they throwed a stone, and knocked him down; he was in a boat by himself, I mean the deceased, I believe it was him, he could not get the boat off I imagine; he then went into the water, and got out upon some timber; then one man threw a stone, and knocked him down upon the timber, that stone came from the crowd; he got up again, and made a slip; then one of the fellows came up to him with a drawn cutlace, and took him a knock upon the head, I saw it bleed, that fetched him down; I was then within ten yards of him, it may be less, he cut him several times; he struck him with the cutlace, and sometimes with the stick, and several others came and struck him while he was down at the same time.
Q. Can you mark any among the prisoners that you saw strike him?
Mason. There is one of the prisoners (I believe his name is James Dogan ) I saw him upon the timber at the same time they were cutting the man; Dogan had a stick in his hand, brandishing it; he has a lame arm, I took particular notice of him, he turned the stick over his head; when I came home I told our people I saw such a man.
Q. Did you know Dogan before?
Mason. I have seen him several times before, I knew his person before, though not to be certain of his name.
James Green. I know the prisoner Farmer, I do not remember that I noticed any more; I was afraid of looking at them, it put me into such terror; I knew Farmer before, he had a very bright hanger in one hand, and a very large bludgeon in the other not longer I believe than my arm, but it was very thick; he headed this mob, he was running at the head of them; this was about three in the afternoon, they were running to Shadwell-dock stairs, it was the time the sailors were attacked; when they ran down I went a little way to the stairs, I was afraid of going too
Q. Do you know which of them made that answer?
Green. I think I remember Farmer speaking, I think I heard him, but there were four or five spoke.
John Paine . I saw the riot at Shadwell-dock, I saw Thomas Davis there with a stick in his hand, he swore he would have 500 sailors lives; he ran up to his knees in water, pursuing the sailors with stones as they sat in their boats, there might be about a score boats.
Q. How many boats did you see stones flung at?
Paine. Davis had stones in his hands, saying, he would have their lives if he could; I saw him the next day, I told him he had better be a lamp-lighting (he did use to go a lamp-lighting) than be in the riot he was in; he said, I was a villain, and that I went on board to inform the people that they were coming on board them; he said he would have my life besides, this he said to me the next day; he said the next day he did not care who they killed, rather than his family should starve; he did not deny being in the riot.
Richard Etherington . I knew the deceased Beattie, he belonged to the ship Freelove, I am mate of that ship; when I saw the coal-heavers coming down I bid them all stay on board, I feared some danger; I saw the deceased twice after this in the hospital, but he could not speak to me; I believe he did say Richard, but if he did it was very low.
James Robinson . I saw Thomas Davis there on the 24th of May, between four and five o'clock; I saw him in the water above his knees with a stick in his hand, striking the people in the boat; I saw one of the sailors jump overboard; the next day he came and made his brag, and said he had but one life to lose, and he did not care if he killed 500 others (he could mean no others but the sailors;) I was rowing up just come from Greenwich, and was about the length of this court-room distance.
It is all false that is said against me, I never had a hanger or cutlace; these are villains, they are swearing our lives away for a little money.
I was not there.
I had a stone hit me on the temple, I never struck to man.
I was at the other end of the town at that time; coming towards home I met a mob, I asked them what they were about, because they were all peaceable and quiet the day before; they said there was a bloody flag at a mast-head; I went down to see that, I had never seen one in my life before, I saw some boats coming on shore.
Attorney General. Carnan has had but one witness spoke to him, whatever we may any of us think, I do not desire to put him to the trouble of making a defence.
I have nothing to say as they have swore to me, let me go, let my life lie before my Maker, the Lord is my witness, and will bear me record another day, I am innocent.
I have witness here to shew where I was when that happened, I was not there at all.
I had not a drawn cutlace at all, indeed.
It is very false that they have said against me, I have witnesses to prove that I was not there at that time; I hope the Lord will do me justice and honour to show that I am not a villain, nor a thief; I suppose all that is said against me is, because I was subpoened a witness against Mr. Green * for the murder of William Wake ; I am as innocent as the holy God above.
* See the trial of Mr. Green, No 386, in last Sessions Paper.
It is all false that has been said against me, I was on board a ship that day, and worked very hard; there were a boat full of coal-heavers came along side us, we let them pass by, we went to work, we had not time to do the seven fats of coals; we saw a flag of defiance hoisted, as they called it; they were armed with guns, and cut-laces, and broomsticks; I had an old waistcoat upon me, I left my coat on board the ship, andTom Kelly , then I heard a great noise, and seeing a great crowd of people going down towards Shadwell-dock I followed them; I met a man with an old rusty cutlace in his hand, I said, what business have you with that; said he, I will do mischief, I do not care who I kill or destroy with this cut-lace; I took and broke it all to four or five inches, and struck it against a post; I am as innocent as the child unborn, I never saw a stroke given at Shadwell, no more than the child that is to be born; I never wronged man, woman, or child.
Mary Murphy . I am no relation to Murphy, I have known him between two and three months; I remember the time the disturbance happened between the sailors and coal-heavers, on the 24th of May, between three and four o'clock; I saw him with a stick in his hand, I never saw him with a hanger, I cannot say what became of him after that.
Mary Fleming . I live at Shadwell-dock, I know Murphy by sight, no farther; I was coming out of my house on the 24th of May, betwixt four and five o'clock, I saw him just at the corner of the alley, he turned down, and I went up directly towards Shadwell-stairs; he had a stick in his hand, he bid me take care of myself, because a drunken man was coming swaggering his stick; I saw a great number of people go into a yard, so I went in; this was before the death of the boy that I saw Murphy: I saw a man cut the boy on the rast, he had white cotton stockings on, and buckskin breeches, and a white frock, much like a gentleman's servant.
Q. How do you know that was the time of the day?
M. Fleming. Because I looked at the clock, expecting my husband at home, and I asked Mrs. Filburdy, she said it was between four and five.
Arthur Moore . I remember the night the fray was between the sailors and coal-heavers; I did not see Murphy there, I was upon the top of Lawrence's warehouse, I saw the man that was killed, I saw a man strike him with a cutlace in his left-hand; he had a white frock on, and white breeches and stockings, with a little hat, and a piece out of it behind; he was a slim man.
Q. How near was you to the deceased at that time?
Moore. I was within about 80 yards, I saw none but one man strike him, he had strait sandy-coloured hair, I did not take him to be a coal-heaver.
Q. Was the deceased standing or lying on the rast?
Moore. He was standing upon it, and after that he was lying down; the man struck him with each hand one after another.
Q. How many blows might he give him?
Moore. He might give him an hundred for what I know.
Q. Do you think it could be so many?
Moore. I am sure it must be 20 or 30.
Q. What time of the day was this?
Moore. I take it to be about noon, it was about the middle of the day; I saw the sailors getting ready from ship to ship, to get their hands on board with sticks.
Q. Are you sure it was before two o'clock.
Moore. I am sure it was.
Joseph Gylan . I have worked with Murphy, I remember this affair between the sailors and coal-heavers. On the 24th of May Murphy went with me from King James's-stairs, about eight that morning; we worked on board the ship called Molly, a collier, we did fourteen chaldron of coals on board her, we came on shore together, I do not know whether he came on shore in the same boat as I did; I believe, when we came on shore, it was about ten o'clock; there was a rumour spread that the sailors were coming on shore at Shadwell-dock; Murphy to be sure was along with me, there were numbers of coal heavers; I was expecting to go to work again, I followed the mob of coal-heavers to the stairs, for I was not in safety to go home; I saw a red flag hoisted on board one of the ships, Murphy and I waited till about twelve; I saw nothing of him after twelve o'clock, I had been hard at work on board about one o'clock, and the affair was about ten or eleven o'clock.
Q. What colour were his stockings?
Magoury. I did not observe his stockings.
Q. How near was you to the deceased?
Magoury. I believe I was about thirty yards distance.
Q. How long was this after you had seen Murphy?
Magoury. It was not half an hour I am sure; there was nobody on the raft but the deceased and that man that cut him, he made several blows at him with the hanger and stick.
Q. Was the deceased standing or down?
Magoury. He was down before the blow hit him; he crawled to shore and came to me, and leaned on my shoulder, and asked my help: I helped him a little way and then left him with some women; the man that cut him went thro' the yard and out upon the raft; I can't say I ever took notice of the man that cut him before.
Q. What are you?
Magoury. I am a lumper, and go to sea sometimes; after this I saw the man that cut him going along, I said that is the man that cut the man upon the raft; the other said, it is a shame for him to kill him, I could kill a thousand of him; this was one Smith Owen that said so.
Q. How long was this after the man was cut?
Magoury. This was not an hour after.
Q. Was any body with you when the deceased came and leaned on your shoulder?
Magoury. No, nor nobody near me.
James M'Daniel. I was standing at the landing place at the back of the Noah's Ark; I had seen the people going down upon the causeway, Murphy had a stick in his hand, and I saw him after the fray; he then had nothing else but a stick; I saw him on the causeway at the time of the fray, it was a black stick.
Q. When was this?
M'Daniel. This was the 24th of May between three and four in the afternoon; the sailors and coal-heavers were engaged in a battle, I saw them during the whole time.
Q. Where was the battle?
M'Daniel. It was about low water mark; there was a man wounded at the time of the fray; first the sailors got the better of the coal-heavers; before they got into the water, the coal-heavers got more force, then they got the better of them; three of the sailors jumped overboard, two were taken up with a boat, one jumped over on the other side and got upon the timbers, and two men followed him; one of them cut him with a cutlace in one hand, and a black stick in the other.
Q. When was the time the sailors got the better?
M'Daniel. That was when the coal-heavers were in the water; at last they knocked them backwards and forwards; then three jumped overboard, and there were two in a boat wounded.
Q. Did you see the man wounded upon the raft?
M'Daniel. I did.
Q. What became of him afterwards?
M'Daniel. He was carried up afterwards by some people.
Q. Did he not walk at all?
M'Daniel. He crawled in a manner, then he was assisted by other people.
Q. Was he standing or lying when the man struck him?
M'Daniel. He was standing upon his legs; the man had a cutlace in his hand, but he knocked him down with a stick; he cut him when he was down with the cutlace, he struck him again with the stick.
Q. How many men were upon the raft?
M'Daniel. There were two men, but the other was not close to him; there were three upon the raft in all when the man was wounded; I did not see the others do any thing; the man that out him on the raft was the beginning of the fray, he was dressed in a whitish coat and a flapped hat; he came down the stairs swaggering with the sword and stick in a terrible manner; he made them sheer off; they hawled this man in the water by his coat; one man got in up to his neck and catched hold of the boat, and I don't know who had the first blow; I am sure and certain I saw Murphy on the causeway at the time.
Q. What are you?
M'Daniel. I am a publican; I was coming from Wapping Old-stairs at the time to my house; I live on Cock-hill, at the sign of the Pewter Dish.
Q. Where does your landlord live?
Q. What were the arms the sailors had?
M'Daniel. The first man had a cutlace, the rest had broomsticks; they reasoned the affair before they began; the man leaned his elbow over the bow of the boat, they asked what was the matter; the coal-heavers said they did not want to hurt never a person; then the fellow came down with a cutlace in one hand and stick in the other; I guess the sailors were in dread of him, and shoved the boat off; then another ran and hauled the boat in.
Q. What is Mrs. Doyle's husband's christian name?
John Magoury . I have known Castillo two years, I saw him before the fray began, he was down upon the causeway; I saw him and James M' daniel both together; he asked M'Daniel, or the other asked him to go and have some beer; this was at Shadwell-dock between two and three o'clock, a long time before the man was wounded upon the raft; they went in at the Noah's Ark, and I thought to go with them; I saw them drinking in the box near the stairs; I never saw them the day afterwards.
James M'Daniel. Castillo brought two sailors in at the Noah's Ark, and treated them with a pot of beer; I saw him go down to the bottom of the stairs and come up to me again; I said, how bad they behave to one another, then he went and took me into the Noah's Ark again; we were there at the time of the fray, and after that I went home. Hammond lodges at my house, he came to my house when the fray was over, and said there had been a fray; said he, I don't care, I happened not to be among them; I was at the Hoop and Bunch of Grapes in the Highway, he is a very honest man.
John Adams . I have known Davis about ten years, he is a very honest labouring man; he is remarkably useful in his employ, that is a lamplighter, till he turned into this of a coal-heaver; I am an oilman, he was my servant, he is not a quarrelsome man.
Gray. No, I do not; he always behaved like an honest peaceable man, he has as good a character as any man in London.
John Welch . I have known Doyle near ten months. On the 24th of May I was in company with him from between twelve and one till eight in the afternoon; I saw him first at King James-stairs, Wapping; he spoke to a number of people and desired them to desist, that I believe was between 1 and 2 o'clock; this was upon hearing the sailors were to come to fight the coal-heavers; he desired the coal-heavers to desist, otherwise the Justice would send somebody to take them; after that he and I went to Stepney Gardens together, there we remained till between five and six, I never was out of his company.
Q. Was any body else with you?
Welch. Yes, there was a woman, I don't know her name, but I believe I should know her was I to see her, this is she, ( pointing to her) her name is Christian Foot , (she was ordered out of court till he had gone through his evidence.)
Q. What are you?
Welch. I live in Nicholas-lane, Lombard-street.
Q. What day of the month was this?
Welch. It was Whitsun Tuesday.
Q. Are you a house-keeper?
Welch. No, I am not.
Q. What are you?
Welch. I have been a clerk.
Welch. In Dublin; I came over here to be preferred by the interest of my friends.
Q. What was you a clerk to?
Welch. I was a clerk to an attorney.
Q. What is Mr. Doyle?
Welch. I think he was bred a shipwright, he is a coal-heaver now.
Q. Had you seen him fighting that day?
Welch. No, I had not; I heard him speaking to a body of coal-heavers, and after we come to Stepney Gardens I heard say there were a parcel of coal-heavers killed by the sailors; after that I heard say the coal-heavers had killed some sailors.
Q. What was the reason he chose to go Stepney Gardens that afternoon?
Welch. I don't know.
Q. Was you ever with him there before?
Welch. No, nor no other gardens.
Q. Was you ever at his lodgings?
Q. Did you appoint to meet him that day?
Welch. No, it was accidental.
Q. How came you to be with him that day?
Welch. I met with him in the street by the waterside in Wapping, in the street that he desired the coal-heavers not to fight.
Q. Had you seen the sailors?
Welch. No, I had not, I only heard they were coming; I saw people running, and I went there to see what they were about.
Q. Where was you going?
Welch. I was going to see my acquaintance.
Q. Who proposed going to Stepney Gardens?
Welch. I really do not know.
Q. Whose acquaintance was the woman?
Welch. She was his acquaintance.
Q. Where did you meet with her?
Welch. He met her by chance.
Q. Before or after he met you?
Welch. After he met me, we had agreed to go there before we met her.
Q. Who invited her to go?
Welch. I imagine she went upon his invitation.
Q. How long have you been in London?
Welch. I have been in London twelve months.
Q. Are you got into employment?
Q. What street did you meet him in in May last?
C. Foot. It was in King-street by the water side, where I saw a multitude of people.
Q. Was he alone?
C. Foot. I think there was another gentleman along with him, I did not know him; Doyle desired the people to get home, or the Justices would send people to take them up; after that we went to the gardens at Stepney.
Q. Who went with you?
Q. How was he dressed?
C. Foot. He was in second mourning (such was the clothes of Welch.)
Q. Did any body else go with you?
C. Foot. No.
C. Foot. To the best of my knowledge it might be past five.
Q. Where do you live?
C. Foot. I live in Litchfield-street at the other end of the town, I was out of place then.
Q. Where was your place of abode?
C. Foot. I lodged at a place called Meeting-house-alley.
Q. Where was you going when you met with these men?
C. Foot. I was going to see an acquaintance in King-street.
Q. Did you go there after you met Doyle?
C. Foot. No, I did not; he proposed to take a walk, there was a gentleman in white went with us.
Council. What became of the gentleman in second mourning?
C. Foot. We lost him.
Q. What dress had the gentleman on that was with you when you saw the mob?
C. Foot. That was a gentleman in white.
Q. What time was that?
C. Foot. That was in the forenoon after breakfast, between seven and eight.
Q. Where did you meet the gentleman in second mourning?
C. Foot. I cannot tell.
Q. What time did you get into Stepney Gardens?
C. Foot. That was at the time of dinner.
Q. Did you dine there?
C. Foot. No, we did not.
Q. Was the gentleman in white with you all the time?
C. Foot. Yes, he was.
Q. Did you see the gentleman in second mourning after you lost him?
C. Foot. No.
Q. What might you be doing all the time?
C. Foot. Walking about and drinking (no eating) I parted with Doyle in Farthing-fields at past five o'clock.
Q. Where did you part with the gentleman in white?
C. Foot. I parted with Doyle and him together.
Q. Do you know the gentleman you met in the morning?
C. Foot. Yes, (she points to Welch) that is he.
Q. Then you do not know where you dropped him, do you?
C. Foot. No, I do not; I did not know whether he was of our party or not, I had no conversation with him.
Q. Then can you tell whether he was any where with you besides King-street?
C. Foot. No, I cannot.
Q. Was he in company?
E. Campbell. There were men with him, but I did not know them.
Q. Were there any women?
E. Campbell. I cannot tell whether there was or not; I have known him by sight some time, but I have never spoke to him in my life; a woman with me knew him, and let him know that I saw him, so he came to the knowledge of me.
Q. What is that woman's name?
E. Campbell. Her name is Mary.
Thomas Wall. I have known Doyle four years; he lodged with me a year and a half, he has suppressed riots and quarrels in my house.
James Shannon . I have known Doyle from his infancy; I keep a stocking-shop in Smithfield; I never heard of a warrant being out against him in my life, only once for a bastard child; I have such an opinion of his honesty, I would be bail for him for a thousand pounds.
Sarah Magee . I live in Ratcliffe-highway; I am servant at a public-house; I have known Farmer six months, he always bore a good character. On the 24th of May I saw him talking to a man with a cutlace in his hand; I heard the other man say, d - n your blood, if you speak to me I'll serve you the same; after that I saw him take the cutlace out of his hand and break it against a post; this was betwixt twelve and one in the day.
Mary Cooper . I saw Farmer take a cutlace out of a man's hand and break it, and throw the handle away.
Robert Kelly . I have known him about twelve months; he has behaved well, he was always ready to work; the reason of his being called Terrible is, he being a very stout man, he had a gallon of beer thrown over his head, and so called by that name, that is a method of nick naming coal-heavers; I am a coal-heaver, and they christened me by the name of Bandy, I not going strait with my legs.
Murphy and Dogan, Guilty . Death .
This being Saturday they received sentence to be executed on the Monday following, and their bodies dissected and anatomized.
The other seven Acquitted .
488. (M.) Samuel Gillam , Esq ; was indicted, together with a certain person to the jurors unknown, for the wilful murder of William Redburn ; for that the certain person to the jurors unknown, with a musket loaded with gunpowder and a leaden bullet, on the 10th of May, on and against the said William Redburn , feloniously, wilfully, and of malice aforethought, well knowing the musket being so charged, did discharge and shoot off, by the force of the gunpowder, him the said Redburn, in and upon the hind-part near the middle of the thigh, did strike and penetrate, giving to him one mortal wound, the breadth half an inch, and depth one inch, of which mortal wound, as well in the parish of St. George the Martyr, Southwark, as in the parish of St. Dunstan, Stepney, by which means the said William Redburn , from the 10th of May , did languish till the 13th of the same, and then died; and that the said Samuel Gillam , Esq; feloniously, wilfully, and of malice aforethought, was present, aiding, helping, abetting, comforting, and maintaining him the said person unknown, to do and commit the said murder . * + || ++
John Taylor . I live in High-street, Mile end, New-town, I am a journeyman weaver , William Redburn was the same; he lived in High-street, I have lived next door but one to him 18 years; he and I went from home about two o'clock in the afternoon on Tuesday the 10th of May, we were going to Westminster, we went over London-bridge through St. George's-fields.
Q. Was that your nearest way?
Taylor. I believe it was.
Q. Did you stop any where in your way?
Taylor. Yes, we light of a couple of acquaintance the Borough, and drank a couple of pots of beer with them.
Q. Did your acquaintance go with you?
Taylor. No, we went into St. George's-fields.
Q. What time did you get there?
Taylor. It might want about a quarter of three o'clock, the horse-guards were just come; they were clearing the people out of the fields, for that reason we staid.
Q. Where did you stop?
Taylor. We stopped in the causeway towards the Hay-market.
Q. How far from the King's-bench prison?
Taylor. I believe fifty yards or better from the soldiers when they fired.
Court. The question is, how far from the King's-bench prison?
Taylor. I believe it may be about an hundred yards or more.
Q. How far might you be from the foot-soldiers?
Taylor. About fifty yards.
Q. How far from the horse?
Taylor. I cannot tell, they were mixed, the horse had been in and cleared the people out of the fields.
Q. Did you make any stoppage there?
Taylor. Yes, we stopped about five or six minutes, and in that time there were two or three of the foot-soldiers fired.
Q. Was there any rioting?
Taylor. I saw no rioting, nor nothing done in the time I stood there; I was not there above five or six minutes before the firing was.
Q. How long did you continue there in the whole?
Taylor. Not above five or six minutes.
Taylor. When two or three of the soldiers fired off, he said to me, Taylor, let us go; we came out of the causeway into the road, our backs were towards the soldiers.
Q. What road?
Taylor. The road that leads to Westminster from out of Blackman-street; we turned our backs, and in that time he received a ball.
Q. Do you mean he received the wound the instant he returned back?
Q. Where was he wounded?
Taylor. In the hind-part of the thigh.
Q. Was he running or walking, or was it at the time he was turning?
Taylor. At the time he was running I believe, but I cannot justly say, I did not know it till the time he stopped; I had not power to help him along, though a great many did; he went to a surgeon in Blackman-street.
Q. Did you see the wound examined?
Taylor. The surgeon probed it, it went in behind and came out before; I was told the ball was found in his breeches, but I did not see it.
Q. What number of people might there be?
Taylor. A vast many, a great concourse of people.
Q. Did you observe what the people were doing of?
Taylor. They were standing, looking on, I saw nothing else.
Q. Did you see the defendant, Mr. Gillam, at the time.
Taylor. No, I cannot say I did.
Q. What was you looking at?
Taylor. At the soldiers and the mob.
Q. Was there any thing you saw between the soldiers and the mob previous to the firing?
Taylor. No, I did not see any thing at all.
Q. Did you see the mob do any thing?
Taylor. I did not see them do any thing, I did not see any body make any disturbance during the whole time I was there; it was but a short time I was there.
Q. Can you give any guess what number of people might be there?
Taylor. No, I cannot.
Q. Was there five or six thousand?
Taylor. I cannot tell, there was a vast number.
Q. Had you heard before you set out that this mob was assembled?
Taylor. I did hear there was a mobbing.
Q. Where did you hear of this disorder?
Taylor. I was at home when I heard it.
Council. So you chose to go that way?
Taylor. We did it for a walk, we did not mean to stop.
Council. What only to pass through this five or six thousand that were looking at one another in your way to Westminster, and you did not see the least rioting, no mischief done, no stones throwed, no indecent expressions of any sort, but the people all civil and obliging to one another?
Taylor. All very quiet while I was there.
Richard Nicholl . I am a rope-maker by business, and am a constable of St. George the Martyr; I was posted at the King's-bench prison the 10th of May, I came there at half an hour past two in the afternoon.
Q. Whereabouts was you posted?
Nicholl. Near the door.
Q. Was you near Mr. Gillam?
Nicholl. I was.
Q. Give an account what number of people there were, and what was going forward, as well as you can, at the time you came there.
Nicholl. I was there between two and three, but that was not the first time I came.
Council. I mean to ask you the first time you came?
Nicholl. I came first between ten and eleven.
Q. Did you keep pretty much in the same place?
Nicholl. No, I was walking about.
Q. What number of people do you think there was?
Nicholl. There was a vast quantity of people.
Q. Was there five hundred, or a thousand, or five thousand, speak as near as you can?
Nicholl. There were a thousand or more for what I know.
Q. Whereabouts were the soldiers when you first came?
Nicholl. They were up against the King's-bench, they were foot-soldiers.
Q. Do you remember when the horse came?
Q. What time was that?
Nicholl. About two in the afternoon.
Q. Endeavour to give an account, as near as you can recollect, of the general behaviour of the people?
Nicholl. When I first came down before the King's-bench I went nigh the brick wall, Mr. Ponton said, there was a paper stuck up against the prison wall, he desired the paper might be taken down; Mr. Latham the constable took it down; soon after that the people cried out, give us the paper, and throwed stones at us.
Q. What time was this?
Nicholl. This was between eleven and twelve, as nigh as I can guess.
Q. Who did they throw stones at?
Q. How long did that throwing of stones continue?
Nicholl. It continued from the time of the taking dow n the paper till they got to the marshal's house; the Justices and constables went in there for soldiers, as I believe; after they had got into the house the people kept on throwing stones, I stood at the door, the people kept throwing stones very much, some of the stones passed me as I stood on the step, and went in at the door as the door stood open.
Q. Did they go in at the door or window, or how?
Nicholl. Them that I saw went in at the door.
Q. How long might the throwing of stones continue?
Nicholl. About four or five minutes.
Q. Were there not some windows broke?
Nicholl. Not at that time, I did not see any, they just went through; there is a way through the house, and there was a guard of soldiers, they came from behind the house, and the guard of soldiers came after them; they came from behind round to the front of the house.
Q. How many Justices were there?
Nicholl. There were three there I believe, Mr. Ponton, Mr. Gillam, and another, I do not know the other indeed; when they came round the house the people began to holloo, and cry out for the paper, and kept throwing of stones.
Q. I want to know how long they kept throwing stones after the Justices retreated into the house?
Nicholl. They kept throwing stones till they came round again from behind the house, and after that they threw stones again; upon that Mr. Gillam, Mr. Ponton, and the other gentleman, drawed up to read the riot act, and while they were reading it, or were going to read it, the mob of people heaved stones at the Justices; I saw one stone cut a serjeant's lip, and another struck Mr. Ponton on the breast.
Q. Who was endeavouring to read the riot act?
Nicholl. Mr. Gillam was; after that they came from there, and marched the soldiers half way down the brick wall.
Q. Did you hear him read the riot act?
Nicholl. I cannot say I did, there they halted; there was a man hallooing out, Wilkes and liberty for ever! he was in the field facing the brick wall, about five yards from it; upon that I was ordered to take hold of him.
Q. Who ordered you?
Nicholl. I believe it was Mr. Ponton's voice, it was one of the Justices; I went towards the man; getting within ten yards of him I saw him run, I looked over, my left hand, and saw an officer and some soldiers running after him; I saw them as far as the Hay-market, then I lost sight of him; that is all I know of that part, this was near twelve o'clock. About one I was standing near the road, where were some soldiers posted; the people behaved very riotous, they throwed stones at the soldiers, so that the soldiers could not keep their posts for them; Mr. Gillam was there, he begged of the people to disperse and go about their business, he told them the riot act had been read; some people there said, d - n you, we do not believe the riot act has been read; Mr. Gillam said, if I thought that would appease you I would read it again; upon that he took a pocket-book out of his pocket, and called out silence, and read it again, I heard him read it; the people came round about him, they were pretty silent at that time, and afterwards he begged of them again to disperse.
Q. How far might this be from the King's-bench prison where he was reading the riot act the second time?
Nicholl. It was about three or fourscore yards from the prison door.
Q. How far from the wall?
Nicholl. About forty yards from the wall, this was about one o'clock.
Q. How long was this about?
Nicholl. In talking to them and reading the act might be about half an hour.
Q. What number of people might be collected together by one o'clock?
Nicholl. There might be eight or nine hundred people round him for what I know, there was a vast many.
Q. Was there any general cry among the mob, did you hear any general expressions made use of?
Nicholl. None in particular that I know of, except the men crying out, d - n you, we will not believe you; between two and three o'clock, as I was standing by the King's-bench, Mr. Gillam said to me, constable, go with me; I went with him to the soldiers, they were posted near a road; when we got there he begged of the people to disperse, he told them the riot act had been read, and they were every soul liable of being taken up; while he was begging of them to disperse they threw stones at the soldiers, Mr. Gillam, and me, as we stood all together; Mr. Gillam said, then,
Q. How many in front were there then?
Nicholl. I do not know whether there were four or six; after they had fired the horse rode down and fired, some of them were at the farther part of the field, they came riding up to the same place where the foot had fired.
Q. from a juryman. How long had the riot act been read?
Nicholl. It had been read above an hour the second time; it was above an hour and a half after the second time, as near as I can guess.
Q. Was there any order for the horse to fire?
Nicholl. No, I heard none; after they had fired I saw a man set upon the ground wounded in the path-way, he held his hand upon his thigh, and I saw blood in his hand, and it ran down.
Q. How was that man dressed?
Nicholl. I do not know, they said he was a weaver.
Q. Was you pretty near the soldiers when they fired?
Nicholl. I was.
Q. Can you tell whether all the soldiers, or only the front row fired?
Nicholl. The two first rows fired first, then afterwards the two second rows fired, there might be a quarter of a minute between.
Q. You say you was there from eleven till towards three, do you recollect at any time between that time, any attempts to apprehend any of the persons?
Nicholl. A good many were taken up.
Q. Was any body rescued that they had apprehended?
Nicholl. None that I saw.
Court. Yet they would not disperse?
Nicholl. No, they would not.
William Abbot . I am a constable of St. Olave's, and live in the Maze-pond, Soutwark; I was at the King's-bench prison on the 10th of May, there were a great number of people gathered together; I came there without my staff, Mr. Ponton asked me where my staff was; I went home and got it, and came back about one.
Court. Tell your own story.
Abbot. There was a stone, or something or other, came and hit Mr. Gillam upon the head, between two and three; I was in the fields near Mr. Gillam.
Q. Who appeared to throw it?
Abbot. Some of the mob did, I cannot say who, the stone made him stagger; presently after that somebody gave orders to fire, I heard it, but who it was I cannot say.
Q. Did you see who it was?
Abbot. No, I did not, I was looking towards the people at the same time.
Council. You had been there during the whole of the day?
Q. How did the people behave?
Abbot. They hallooed Wilkes and liberty, and wanted to see him.
Q. What was done?
Abbot. There was nothing done but throwing a parcel of sods and stones, the Justices desired they would go about their business.
Q. How long did this continue?
Abbot. This continued a long time; I saw Mr. Ponton struck in the morning before that.
Q. What with?
Abbot. It might be a stone for what I know; Mr. Gillam was struck on the head, and a serjeant was cut on the lip; the throwing stones was several times repeated, I heard the Justices desire them to disperse a great many times.
Q. Did you hear the proclamation read?
Abbot. No, I did not, I was in the other part of the field, desiring the people to disperse; the Justices gave us orders to disperse the mob as much as we could.
Q. Did you attempt to do it?
Abbot. I did, I gave them good words, but it all ended in nothing at all.
Q. Did not many of the mob go off?
Abbot. No, no, no, no.
Q. Can you tell how many people were there?
Abbot. There were fifteen or twenty thousand.
Robert Allen . I am a constable; I was present on the 10th of May when the firing was; I don't think there was upon my soul any provocation, for there was no attempt made to take any prisoners; there were a great number of people in the fields, it was a general thoroughfare, and I believe every body that went through the fields stopped there; there was a great party of horse-guards came and rode among the people, and caused a great disturbance; the goal is railed round, and the people
Q. Did you see nothing else?
Allen. I saw two or three people that fell with their wounds.
Q. At that time do you remember any orders given to fire?
Allen. No, I was not near enough to hear that.
Q. Do you remember the time there was a firing?
Allen. I do.
Q. What was the manner of firing?
Allen. The body of soldiers were within about forty yards of the causeway, the way that people walk in; they call it platoons, I believe they were separated, not all together; they fired at random, half a dozen at a time, more or less; a great number of them loaded three times, and seemed to enjoy their fire, I thought it a great cruelty.
Q. What appeared to be the behaviour of the people?
Allen. Nothing but hissing at this time, and hissing the soldiers as they rode backwards and forwards.
Q. Were there no outrages?
Allen. I saw none at that time.
Q. What time was this?
Allen. This was about three, or a little after.
Q. Did you see any thing thrown?
Allen. I cannot say I saw a stone throwed the whole day to my knowledge; I was in different parts, I was not there at first.
Q. Did you see the weaver as was talked of?
Allen. No, I did not.
Q. What time did you come first?
Allen. About two o'clock, some little time after Mr. Allen was murdered.
Q. Why was you not there sooner?
Allen. I am a peruke-maker and hatter, my business would not admit me sooner.
Q. Did you see the Justices?
Allen. I did; the commanding officer came up and said, I believe we have dispersed the mob; Mr. Gillam said, I hope there is no mischief done; this was a very short time after the firing; the commanding officer said, you may depend upon it there is no mischief done, because we always fire in the air; there was a great number of people afterwards reporting there was murder done.
Q. What officer was that?
Allen. That was the horse officer.
Q. Had you ever any conversation with Mr. Gillam yourself?
Allen. I had some little conversation with Mr. Gillam, but I suppose that is no way necessary in regard to the examination now, it is not worth mentioning, I think it will not avail any thing; there was one Boddington, a ball went through his thigh and shivered it; they were going to order me into confinement for saying it was a cruel thing; I said, gentlemen, as you have ordered this fire, it is very proper you should order this man away; Mr. Gillam said, why don't you go and take him away; I said it was not in my power to take him away.
Q. Why was you not there before two o'clock, was not you ordered to be there?
Q. Why was not you there?
Allen. The hazard of my trade and family, it was not in my power to have come sooner.
Q. Was not you a constable at this time?
Allen. Yes, I was.
Q. I should be glad to know of you where you was at the time the firing was ordered?
Allen. I was in the field.
Q. How far from Mr. Gillam when the order was given?
Allen. I was by the Justices almost all the whole day.
Court. You said you was at a distance?
Allen. I was not near enough to hear any order for firing.
Q. I want to know where your duty was, how far distance?
Allen. Sometimes I suppose forty yards from Mr. Gillam, and sometimes close to him; at the time the firing was ordered, I suppose I might be about forty yards distant.
Q. Then if you was not near, how could you tell these people there was no occasion to order a firing?
Allen. I was amongst the general body of the people.
Q. Could you see the people upon whom the firing was?
Q. What did you observe of their behaviour?
Allen. Nothing but hallooing, I did not observe any thing of the whole body of people but hallooing.
Q. Did you not see a stone throwed?
Q. from a Juryman. Was you no relation to this Allen that was killed?
Allen. No, none at all.
Q. What part of the field did you go into?
Flowers. Into the hay-market; I continued there a quarter of an hour.
Q. Was you there any part of the day besides that quarter of an hour?
Flowers. Yes, I observed the people a good deal dissatisfied at the death of Allen; I did not come till after that.
Q. Did you see Mr. Gillam there?
Flowers. Not then.
Q. Did you observe any thing particular during that quarter of an hour?
Flowers. I did not see any thing but dissatisfaction at the death of Allen, they expressed it in words; I did not see any sticks or any thing throwed; I went to Mr. Allen's, and from thence down the Borough to enquire for a Justice of the peace, to have an evidence made of that young man.
Q. Can you tell what time you came back again?
Flowers. I came back near two; I went along the wall of the King's-bench between two and three; I passed from thence to the King's-bench, and from thence to the marshal's house.
Q. What did you observe during that time?
Flowers. There was a great tumult among the soldiers, I believe the people were fleeing and the soldiers fleeing.
Q. Were they the foot or horse?
Flowers. I was not in a situation to observe the foot, this was the horse; I was close by the prison wall.
Q. Was you there the time the foot fired?
Flowers. I did not observe that I was, I did not remain, but passed along.
Q. Did you see Mr. Gillam at that time?
Flowers. I saw him a little after, but not immediately; I was waiting to obtain a warrant for a soldier that had killed Mr. Allen; Mr. Gillam took off his wig and rubbed his head, he said he had received a blow with a brickbat or something, but he thanked God, he said that his skull was thick it had not hurt it.
Q. Did Mr. Gillam give any reason for firing?
Flowers. He did not in my hearing.
Q. Did you see Redburn that day?
Flowers. Not to my knowledge; I had some conversation with Mr. Gillam in the evening, he said he had had something throwed at him.
Q. Whether Mr. Gillam at any other part of the day gave any reason for firing?
Flowers. He did nothing but what I have mentioned before.
Q. Do you know Mr. Gillam?
Darbyshire. Yes, Sir.
Q. Do you remember this 10th of May?
Darbyshire. Yes, very well.
Q. Had you any conversation with Mr. Gillam about the accident that day?
Q. Did he give any reason why he ordered the soldiers to fire, what time of the day was it?
Darbyshire. About one or two o'clock, this was after the murder of Mr. Allen's son.
Q. Before the killing of Redburn?
Council for prosecution. Then that has nothing to do with this matter, we will not ask you any farther questions.
Darbyshire. Then what do I come here for?
Council for prosecution. Can you prove any thing?
Darbyshire. Yes, I was there from twelve till nine at night, I saw the whole behaviour of Mr. Gillam.
Q. What are you?
Darbyshire. I am a bookseller, and live in the parish of St. George's, Hanover-square; I came into St. George's-fields, and went into the King's-bench prison; I came a little before twelve o'clock, I did not go the usual way that I was going; I went to the prison for safety indeed, I went into the coffee-room, and met with two friends, and we drank part of a bottle of perry; I staid there about half an hour, then my friends and I said we had no business there, and it would be our best way to leave that place, and go to our respective homes; I saw a great many of the military there, there was a disturbance from the military riding among the people; I could see into the fields, because there were glass-windows there.
Q. Did you observe any ill behaviour in the people?
Darbyshire. No, not the least, nor I dare say there was none intended.
Q. Did you then quit the prison?
Darbyshire. I did; when I came out of the prison I was going into the city, and at the end of the
Court. This being before one o'clock, it has no relation to the death of Redburn. You set the accusation against Mr. Gillam is for being instrumental in the death of Redburn.
Darbyshire. My Lord, I am going to tell you the whole of Mr. Gillam's behaviour from first to last.
Council for prosecution. Keep yourself to the behaviour of Mr. Gillam.
Darbyshire. After the murder I turned to the King's bench prison, by the desire of Mrs. Allen, to see after the murderer, this was about one o'clock; I applied to the Justices for a warrant to apprehend the murderer or murderers; the Justices would not grant any; I then applied to Justice Gillam; he said -
Court. It is to be understood that we are not to let evidence be given that is not applicable to the case in hand, this gentleman is charged with a crime relative to one Redburn; this man is telling you about his conduct about one Allen; it is the duty of the bench, where there is no council in support of the prosecution, to see that proper evidence be given, and if the council for the prosecution does not confine the witnesses to the proper matter, to take care that improper evidence is not given.
Darbyshire. Mr. Gillam told me he had orders from the ministry to fire upon the people, and that there must be some men killed, and that it was better to kill five and twenty to day than have an hundred to kill to-morrow; this was in the field opposite the marshal's house.
Q. What time was it that Mr. Gillam said this?
Darbyshire. It was between one and two o'clock; the other evidences have been admitted to speak, he said he had orders from the ministry to fire upon the people, and that there must be some men killed.
Q. Who was present at the time?
Darbyshire. This was in the presence of the soldiers, and that they had better kill five and twenty to-day than an hundred to-morrow; all the afternoon there were people taken into custody, and put into a cellar under the marshal's house.
Court. What place was this where you heard those expressions?
Darbyshire. It was near the marshal's house.
Q. Name those persons that were present.
Darbyshire. What the soldiers. - I am not so well acquainted with them, I believe it was said twice in the house, and out of the house, and with a snear, as if murder was a thing of no consequence.
Q. Whether it was without or within the marshal's house?
Darbyshire. It was without, as near as I can remember.
Q. Do you recollect any body that you knew that was near or by at this time?
Darbyshire. There were some people, but I don't recollect who they were.
Q. Was Mr. Ponton there?
Darbyshire. Yes, he was - I do not know whether he was in hearing, but I saw him there.
Q. Cannot you recollect whether he was near at the time?
Darbyshire. No, I cannot, there were people there, but I do not recollect particular persons what their names were.
Court. Do you say Mr. Ponton was there, but you are not sure whether he was in the hearing or not?
Darbyshire. I do not know whether he was upon the spot at that time, I saw that gentleman several times in the course of the afternoon.
Council. You mention twice such a conversation past.
Darbyshire. I believe it was spoke twice, but I am not certain; I am not certain only as to once.
Q. Where was it spoke the first time?
Darbyshire. To the best of my knowledge that was opposite the marshal's house.
Q. Fix the time?
Darbyshire. I have told you I believe it was about two o'clock.
Q. Name if you can any persons that were present that you know that at that time were within hearing?
Darbyshire. I cannot.
Q. How long after that was it, if there was a second time when it was said?
Darbyshire. I do not recollect exactly the time; there was a good deal of discourse in the marshal's house, they talked of it as a thing of trifling concern, a matter of no concern.
Q. Repeat the words again.
Darbyshire. Mr. Gillam upon my application to him for a warrant for the murderers, said he would grant no warrant, he said it was no murder, for that he had orders from the ministry to fire
Q. Then this second time, how long do you fix hat to be after the first conversation?
Darbyshire. I cannot tell.
Q. Was it three hours or half an hour?
Darbyshire. I do not know.
Q. Was it at night or any part of the day?
Darbyshire. It was not at night, I was in bed at night; I do not say the very particular words were said, but there were several things said.
Q. I ask you as to the time?
Darbyshire. You asked me before, I have answered it, I cannot tell.
Council. You cannot tell whether it was immediately after the first, or five or six hours after, was it in the marshal's house?
Darbyshire. I am not certain, I believe it was, but I am not certain; you will not draw any thing from me.
Council. You do not fix any particular time or place for the second conversation, you do not recollect any particular person that was present in that second supposed conversation?
Darbyshire. I told you that before, you ask me the same question three or four times over.
Q. What did you say there was a second conversation for?
Darbyshire. Because I was asked if there was any thing of that sort.
Q. When you heard it a second time what did you hear?
Darbyshire. It was not the same words, but to that purport; it was with great difficulty that any warrants could be obtained; if you will let me go on I shall say a good deal more than I have.
Q. In this last case do you mean to give the words the Justice used?
Darbyshire. The words the Justice used.
Q. Then mention them again, because I did not understand whether they are your sense of the conversation, or the words he used?
Darbyshire. Gillam said it was no murder; I did not hear the other Justices say any thing in particular; I imagined that this gentleman was foreman on that most glorious day.
Council. In this second conversation you understood Mr. Gillam to say, they were determined to grant no warrants to apprehend these persons that committed what you call murder?
Darbyshire. Mr. Gillam said if their names could be procured he would grant warrants.
Council. Then what you mean by this is to say, Mr. Gillam said he would not grant any warrants till he knew their names?
Darbyshire. This was in the marshal's house, but the words were used on the first application for warrants.
Council. Then he said the reason why he did not grant warrants was, because you did not name the names of particular persons; how long have you been acquainted with Mr. Gillam?
Darbyshire. The 10th of May about 12 o'clock was the first of my acquaintance with him, I did not know there was a Mr. Gillam living before, and I wish I had not seen him then, because I saw such acts of cruelty I never saw before.
Council. Mr. Gillam was in company with you in some room in that second conversation?
Darbyshire. Many hours.
Q. How came you together as acquaintance if you had never known him before?
Darbyshire. Because I was applying for warrants, endeavouring to bring the murderers to light; I was there and drank there, I believe out of the same glass, but I am not sure of that, I think that is not material.
Q. Who was in the room?
Darbyshire. Mr. Flowers was in the room, there was the cow-man in the room, whose name I do not recollect; I saw Mr. Ponton there several times.
Q. Was he there at the time you was discoursing upon these warrants?
Darbyshire. The application was particularly made by Mr. Flowers and another gentleman, Mr. Horne.
Q. Who is he?
Darbyshire. I believe he is a clergyman.
Q. Where does he live?
Darbyshire. I believe at Brentford.
Q. from a juryman. Did not you say you had something else to say?
Darbyshire. I have; the Justice's clerk (I imagined him to be one,) he acted as such upon taking the deposition of one of the people for the murder of Allen, beginning with what happened from 12 o'clock; when he came to that part wherein he said he heard Mr. Gillam order the military to fire upon the people, Mr. Gillam said, hold, hold, do not take his deposition from that time before that, but what happened in the cow-house; I imagined Mr. Gillam was conscious of his guilt.
Q. I desire you would explain one particular transaction -
Court. You see, brother Glyn, this is not evidence.
A juryman. We thought he might know something more of the matter.
Q. Were any other Justices present except Mr. Gillam?
Darbyshire. At the time he said it was no murder, no, not as I know of.
Q. I understood you that the Justices said they thought such a transaction no murder.
Darbyshire. That was only Mr. Gillam and no other Justice at that time, as I know of.
Court. Whether the words you mention were spoke without the marshal's house or within?
Darbyshire. I have told you my Lord it was without the marshal's house, in the hearing of the soldiers.
Court. And that it was about two o'clock?
Darbyshire. Yes, I believe it was, I cannot judge to a quarter or half an hour, I believe it was after we went into the marshal's house, I think it was.
Flowers. Yes, I made repeated applications for a warrant to Mr. Gillam in the marshal's house; about three o'clock I saw Mr. Darbyshire several times, he said a great many things to me; the Justice ordered me into custody for helping the woman, he ordered depositions to be taken; he said they were all alike, and would not have them, he would have them otherwise; I did not get a warrant, Mr. Pardon was taking depositions, he said he could not help it, it was as they gave them.
Q. Was any thing said after the firing at that time?
Flowers. He said it was owing to their throwing at his head; Justice Capel was there, he said he had an order from the ministry to kill twenty-five of the people.
Q. Did Mr. Gillam say any thing to that effect?
Flowers. Mr. Gillam did not, Col. West was there, he made some slight apologies, and said, it was owing to the gun going off; he said he could have drove them all away without breaking their shins, there was no reason to hurt none of them; Mr. Gillam in the evening was very urgent to have them fire again.
Q. Do you know any thing that happened without?
Penrith. No, I saw a number of people on the outside, my charge was very heavy, I was busy in looking after the prisoners.
Q. Was any particular attention required that day?
Penrith. There was such great numbers of people coming in and out that required my attention; I took in a many that day for misbehaviour, they were brought and delivered into my custody.
Q. Was there any stones throwed in?
Penrith. There were none that day as I know of, there were some throwed in the day before
Q. Was there none throwed in the marshal's house?
Penrith. I could not see that if there was, the door of the prison was broke the day before.
Q. Was you not afraid of their breaking the prison the second day?
Penrith. No, I was not, because I had a sufficient guard with me on the inside, I had half a dozen people.
Q. Were they soldiers?
Penrith. No, they were not; I mean a sufficient guard for my own safety, that people did not rush in too fast.
Q. Do you not know of the mischief done the day before, there was a guard sent for, was it not sent for for the security of the prison?
Penrith. I did not send for them.
Q. Did not you know the marshal did?
Penrith. I believe he did.
Q. Do not you know it was a guard to protect the prison?
Penrith. It was on the outside, you are asking me what was done without side, I did not see that.
Q. Did not you make affidavit of the riot and disturbance the day before?
Penrith. I did the day before.
Q. Whether you did not think it necessary, in your judgment, to have such a guard?
Penrith. The day before it was.
Q. Were not more people assembled that day than the day before?
Penrith. I think there were, but as to their transactions I can say nothing to that.
Court. Suppose there had not been this guard without the prison to protect it, do you think your half dozen within could have been able to have kept out this multitude?
Penrith. We kept them out the day before; when they had broke the outside door we put the bar up; I cannot say if people had pushed in that
Q. Did not you yourself tell the marshal the day before, that you thought you could not hold out any longer?
Penrith. I sent word to the marshal, and to the Justices, that it was impossible for us to hold out any longer; we had barricaded the door.
Q. Had you any doubt whether it was necessary to have a guard the next day?
Penrith. I had no doubt.
Q. from a juryman. Did you think the prison safe when the bar was put up?
Penrith. I got my arms ready, and thought they should not come in till they had broke the second door.
Council for prosecution. Was there any force used the second day?
Penrith. No, there was not, a number of people forced in, and we kept half a dozen men to push them out again.
Council for prosecution. Do you mean the people came in by force and outrage?
Penrith. They came in against our inclinations.
Q. I should be glad to know what number of prisoners there are?
Penrith. Upwards of 300 within side.
Q. What amount may the charge be upon the marshal at that time?
Penrith. I believe about two hundred thousand pounds.
John Wills . I am a glazier, and a constable of St. Olave's parish; I was in St. George's-fields on the 10th of May, I went there about twelve o'clock, there was abundance of people there besides me, the Justices were there; I saw Mr. Ponton, Mr. Gillam, Mr. Russel, and several others, whose names I do not know. At the time the horse-grenadiers came there was a sad disturbance, the people cried out, Wilkes and liberty, and throwed stones; the guards were ordered to the field-gate, Mr. Gillam was along with them; I went with them, Mr. Gillam desired the people to disperse, and for God's sake to go home; he said, if he saw any more stones throwed he would order the guards to fire; just at that time something came and hit him on the side of the hand, he fell back about two or three yards; he came forwards again, and said to the officer, if this be the case we shall be all killed, you must fire; he said, fire: upon that the soldiers fired immediately, I saw the horse-grenadiers fire; then I thought myself in danger, because they fired into the path where we were.
Q. Do you know how they fired?
Wills. I cannot say, there were three rows, I believe they fell into six, but I cannot be positive, I looked upon them to be 35 or 36 men.
Q. How many were there in a row?
Wills. I cannot tell.
Q. Did you hear the riot act read?
Wills. I did not, Mr. Gillam told the people it had been read, and the time was nearly expired; in the evening it was read again, it was read three several times afterwards, that I remember.
Court. Then according to your account of the matter, Mr. Gillam spoke in a very friendly manner to them?
Wills. Yes, he said if they throwed any more stones they must order the guards to fire.
Serjeant Glyn. I call no more witnesses, your Lordships will never find me acting a part against humanity and candour; I am not now pressing this gentleman's conviction; I opened the law, that where it was absolutely necessary for suppressing a riotous mob, there the magistrate is justified; the application thereof from facts is the whole question with respect to me, I shall say not a word more about it.
Without going into his defence, or calling a witness, he was honourably acquitted , and had a copy of his indictment granted him.
489. (M.) Charles Baine was indicted for that he, six pounds weight of lead, value 6 d. and a brass cock, value 4 d. the property of Elizabeth Cosolty , spinster , fixed to a dwelling-house, did rip , &c. May 31 . ++
Stephen Fryer . On the 31st of May, about one in the afternoon, I was standing at my door in Litchfield-street ; Sarah Hebron called me over the way, she was looking out at a window; she said there was a man came out of Mrs. Cosolty's passage that had taken something out of the yard; the house is next door to where I live, she told me he had just turned the corner; I went to the corner, the prisoner was going as fast as he could go; I pursued him, and took him in Gerrard-street, about 3 or 400 yards from my house; he had these two pieces of lead in his apron (produced in court;) bringing him back he told me he did it out of want, being in great distress, and desired I would let him go; I took him to Justice Welch; I am the landlord of the house where he had the lead, the lead was fixed as we go down the yard by the water-tub, it is part of a water-pipe.
Sarah Hebron . I saw the prisoner go up that passage about one o'clock in the day; I saw no more of him till he came out, he staid about ten minutes; I saw under his apron a quantity of leaden pipe very plain; I called to Mr. Fryer to run after him, which he did.
I am a hard-working man, I had been out upon my lawful business; as I was going along Litchfield-street, near the Cock alehouse, I saw the thing mentioned in the indictment lying on the ground; I picked it up, and put it in my apron, and was going home with it, and when I saw the plaintiff running I turned about, thinking he might have dropped it; I waited till he came up, then he charged me with taking it; I appeal to the gentlemen of the jury, if I had stole it, and had been conscious of that, I would have made the best of my way, and not waited for him.
Guilty . W .
Thomas Blacklock . Last Monday se'nnight between twelve at night and two in the morning, I was in the house of Mrs. Mills in King's-court, facing Drury-lane Play-house, I had been spending the evening with some friends; coming home I met with two girls by Drury-lane Play-house; I took them into this house, they showed us up into a room; after we had been there a little time the girls and I did not agree, so I went down stairs again; I said to Mrs. Mills, as I did not make use of the bed, you should return my money, I had paid a shilling before I went up; she would not; I said as she would not return it I had a right to make use of the bed; I whipped up stairs again, and was going to bed with my clothes on, she would not let me; in the time we were talking this girl at the bar came up, how she came I cannot give any account; the landlady complained she was dry, and proposed having a pot of beer, so she was two-pence and I three half-pence; this girl went for it, and in the time she was gone the landlady said, if you want a girl I would recommend that girl to you; I said, is she clean; she replied she would be bound for her cleanness and honestly; she said if you have 50 l. about you, if you leave it with me I will take care of it; I offered the girl the same price which I gave for the bed; the landlady told her that was a shilling, the girl agreed to it; so I undressed myself and she undressed herself; the landlady left us when we were going into bed; my coat and waistcoat I put in a chair or in the window by the bed-side; the money mentioned in the indictment was in my breeches; I put my hand in my pocket and felt it in my pocket, I laid my breeches under my pillow on that side I intended to lay; the girl swore she would not lie down if she did not lie on that side; I let her lie on that side, but moved my breeches to the other side; when I had done what I wanted I went to sleep; I desired the landlady to call me when she said her husband got up in the morning; I got up and saw my breeches lying on the pillow, the girl was gone; I put my hand in my pocket where the silver was, and found very little there; then I put my hand in the pocket where the gold was, and found there was a 27 s. piece left, and three guineas and three half guineas were gone; just as I missed my money the girl put her head in at the door; I hallooed out to her, and said I wanted to speak with her; I ran down without any more clothes on besides my breeches; there was the woman's servant in the passage, I asked her if she saw the girl that went to bed with me; she said she was gone out; I said she put her head in at the door where I lay; I asked her where her mistress was; she said she was gone to Convent-garden market; I went into a room and saw a bed and a man; I asked him if he was the master of the house, I am not clear whether he made an answer; I told him I was robbed of so much money; I went up and dressed myself, and waited till the mistress came home; then I told her I had lost so and so; she said she would not believe that I had lost any thing; another girl came in afterwards, they called me fifty names; then the prisoner came in while we were arguing about it, she abused me the same; they threatened me if I did not go about my business, they would send for their husbands and they should baste me; I told the mistress of the house, that I have been robbed in your house, and the girl that robbed me is in your house, and I would have you take care of her till I get a warrant for her; as soon as I had an opportunity I went and got a warrant, then the girl was not there; the
I had but a shilling of his money; and he had two girls before; I was very much in liquor when I was before the Justice, I don't remember what I said.
For the prisoner.
Mary Whitehead . I have known her between three and four years, I can give an honest character of the girl; I have left her in the care of a good many clothes and things, I never heard any thing amiss of her.
491, 492. (L) William Hawkins and Joseph Wild were indicted, for that they, together with divers other persons to the number of an hundred or more, being malefactors and disturbers of the peace, on the 9th of May with force and arms near the Mansion-house of the Right Hon. Thomas Harley , Lord Mayor of the city of London , unlawfully, riotously, and tumultuously did gather together, in order to disturb the peace of our Lord the King; that he the said Hawkins did threaten to knock down the said Lord Mayor acting in the execution of his office, and in and upon one Philip Pyle , being one of the servants of the Lord Mayor, assisting, and by his commands, and in his presence, him the said Pyle with a certain slambeau and a large stick over his head and divers other parts of his body, did beat and strike, so that his life was greatly despaired of, &c. &c. ++
Mr. Way. About eight o'clock in the evening of the 9th of May, going from Swithin's-alley to Batson's coffee-house, I saw a croud of people carrying a gibbet, on which hung a boot and petticoat, going down towards the Mansion-house; I stopped to observe whether they made any stand at the Mansion-house, I observed they halted there; there were great hissing and hallooing; I went to the Mansion-house, and had not been there above a minute or two before I saw my Lord Mayor come out of the gates of the Mansion-house, making his way towards the people that supported this gibbet; I believed when I saw them in Cornhill, there did not seem to be more than fifty or sixty; seeing my Lord go out by himself I made my way up to him; before I got to him, I saw the prisoner laying about him with a stick, which I afterwards observed had some nails in it; he had struck one or two people, which afterwards I found to be my Lord Mayor's servants; they had hold of him, endeavouring to bring him into the Mansion-house at the little gate by Charlotte-row; while the scuffle was between him and my Lord's servants, I heard several people cry, knock him down, knock him down; the prisoner had disengaged himself from them, and was making towards the corner of the Poultry by the linen-draper's; I stepped very briskly cross the kennel and laid hold of him by the collar; I drew him back; and with the assistance of the other servants he was lodged in the Mansion-house; the mob was by that time increased to I believe 150, making a noise, hollooing and hiffing.
Philip Pyle . I am servant to my Lord Mayor; I was attending my Lord Mayor on the 9th of May about eight o'clock in the evening, my Lord and Lady were going out in a coach; some persons brought in notice that there was a large mob coming down Cornhill; I was standing in Charlottle-row with a flambeau in my hand, I went to see who they were; my Lord Mayor in the mean time came down the steps, as the gibbet was brought to the Mansion-house; there might be 150 of the mob, the street was all full from Cornhill to the Poultry, they were hissing and crying Wilkes and liberty; I observed one in particular had a blue cockade in his hat, the same as Mr. Wilkes gave at the election; my Lord Mayor said, bring back that thing, throwing out his hand; I believe there might be a dozen or fourteen had hold of it, carrying it along; it was a pretty formidable thing when it was together; they turned their heads many of them, but made
Q. Did you see any thing throwed?
Pyle. No, I did not; then after that the windows were broke; that was an hour and a half or two hours after this.
Q. Did not the croud disperse upon these people being apprehended?
Pyle. No, so far from that, they said they would have them out again; there was a single pane in one window, and another in another broke, when the prisoner was in the Mansion-house; he said he was coming by and had not touched any body, and that he did not think of any riot at all.
Thomas Woodward . I am servant to my Lord Mayor. On Monday the 9th of May about eight in the evening, my fellow servant and I were standing at the Mansion-house back door in Charlotte-row, waiting for my Lord and Lady who were going out; the people were coming down with a gibbet, with a boot and two petticoats; my fellow-servant said, here is something coming, we will go to the corner and see what it is; my Lord came out from the steps and called out, what is that, bring it back; they had halted, but were moving on; my Lord said something to my fellow servant; he went to the gibbet and pulled it down; I saw the people take his flambeau out of his hand, and give him one or two blows with it, I could not see who struck him; afterwards the prisoner Hawkins took a piece of wood from the gibbet and struck my fellow-servant, (produced in court a large piece of timber about four feet long with nails in it;) he struck him with it more than once, twice, or three times; I received one blow upon my head and shoulder with it; I received a blow or two from some other person, but do not know who: as we were conveying the prisoner Hawkins to the back door, the people came on so fast, if I had not had this stick the prisoner would have been rescued from Mr. Way and my fellow-servant; I struck at one or two, one I knocked down, I believe in the kennel; when we got the prisoners in, I was left in a room with them; all that I know of Wild, I did not see him before he entered the door, I can give no account of him; I asked him how he could do so; Hawkins said he was sorry for it, but said he did not know he had struck any body.
Q. Did any of you see where my Lord Mayor was in the time of the scuffle?
Woodward. I saw him on the steps, and afterwards I saw him out in the mob near the pastry-cook's; I think he had a scarlet coat on and green silk waistcoat.
Edward Stinton . I am also a servant to my Lord Mayor; my Lord Mayor stood upon the steps of the Mansion-house; he came down and desired the mob to disperse, and not breed any riot; he said he wondered what he had done that he could not rest in his house; he came out at the front gate, and came round upon the broad stones, the gibbet and boot were taken down then; I with the rest ran into the mob to see that nobody used my Lord ill; I saw a stick throwed at him, it came within two or three yards of him; I heard the prisoner Wild say, there he is, pointing to my Lord Mayor, knock him down, knock him down.
Q. What was my Lord doing?
Stinton. He had desired them to disperse.
Q. How far might Wild be from my Lord Mayor?
Stinton. About half a dozen yards or more from him.
Stinton. There were a great many; I laid hold of him, and I think I said, d - m you, what do you mean by knock him down; he said, I did not know who to knock down.
Q. Did you know Wild again?
Stinton. Yes, very well; I took him in myself, and my Lord was at the door at the same time.
Pyle. When Hawkins was examined at Guildhall, he acknowledged he took the stick from the gibbet, though before he had denied having any stick at all.
Best part of what is charged against me is very wrong; I am a lighterman , and came from the water-side; about five o'clock I left the Custom-house and came to Bear-key, I live in Old street; coming home I saw a great mob going along Cornhill; I followed the mob, I saw my Lord's servant lay hold of the gibbet on a man's shoulder, and haul it down; I saw several people strike him with a flambeau; the mob hauled me in among them; the gallows was lying under foot, he had got hold of one part of it, hauling it away; he laid hold of me by the collar twice; I took hold of a piece of wood, but this is not the piece, it was a broomstick, and I throwed it out among the mob, who it hit I cannot tell; he got hold of me as I was making off from among the mob; then Mr. Way collared me, and brought me into the Mansion-house, there the footman ran his fist in my face three times, and said, I wish I had no more to do than to lick you and half a dozen such.
I saw a man in a white coat in the croud; I asked what he had done, I was told he was a pick-pocket; I heard others say, knock him down, and I believe I said so; they laid hold of my collar and asked me who I would have knocked down; I said, nobody, friend; he said he heard me say, knock him down; I said, I said no such word; he said he did insist upon my going into the Mansion-house; I made no resistance, but went; I am very wrongfully accused, I was not there three minutes; there was no gibbet, no boot, no nothing when I came there.
Hawkins Guilty . Imp.
Wild Acquitted .
493. (L.) Thomas Woodcock was indicted for that he, with divers others to the number of one hundred or more, on the 10th of May , near the Mansion-house of the Right Hon. Thomas Harley , Lord Mayor, &c. unlawfully, riotously, and tumultuously did remain and continue together for a long time, making a great noise and disturbance, and did cast divers large stones at and against the said Mansion-house, &c. &c. ++
George Hale . On Tuesday the 10th of May there were a great many riotous people assembled by the Mansion-house, between nine and ten o'clock at night; after they had broke a great many windows and lamps, I took my hat and stick and went out among the mob; I stood to see if I could apprehend who broke them; for half an hour I stood near the prisoner Woodcock, I stood rather behind him; I saw him take a stone out of his pocket and look at it several times, and fling it directly at the second lamp on the right hand; I saw it go part of the way to the lamp, and heard it break it.
Q. What number of people might be assembled together?
Hale. It is impossible to give an account; they were very riotous in flinging stones and d - ning my Lord Mayor, wishing they had him out, saying they would kill him; they broke several windows more that night than the night before; we did expect we should have been in more danger than the first night; the furniture was damaged the night before, but not that night; after he had flung a stone, he would say that was well done when a window was broke; then I went and told the constables I had made observations of a man that broke a lamp, and if they would assist me we would take him; the people were hallooing and hissing; the constables came out with me, with intent to take him; at last they grew very outrageous, and demanded money of several coaches; I did not see the prisoner demand any, but he would make the people say who they were for; I kept close to him; the mob cried Wilkes and liberty; I said, you had better not stop coaches and demand money, that may be termed a robbery; I then gave Woodcock a shilling; after that he kept close to me and seemed friendly; I did not see him do any thing after that, only make people say who they were for, and call Wilkes and liberty.
Q. Why did you not take him instead of giving him the shilling?
Hale. I feared the mob would be too strong for us; we took him about half an hour after
Q. Had you your Lord's livery on?
Stinton. No, I had a black waistcoat on, I had altered my dress; upon his saying this, my fellow servant laid hold of him, and we got him into the house; we ordered the constables to search his pockets, and there were four stones taken out of his pocket which the constable has now.
The prisoner said nothing in his defence.
Guilty . Imp .
Upon this, and the preceding trial, his Lordship went off the bench.
The prosecutor did not appear.
John Grainger , Daniel Clark , otherwise Clarey , Richard Cornwall , Patrick Lynch , Thomas Murray , Peter Flaharty , and Nicholas M'Cabe , were executed on Tuesday the 26th of July near Sun Tavern-fields, Shadwell.
Transportation during their natural lives, 13.
in January 1767.
in July 1767.
in September 1767.
in May 1768.
Transportation for 14 years 5.
in February 1768.
in April 1768.
Transportation for 7 years, 2.
The trials being ended, the court proceeded to give judgment as follows:
Received sentence of Death, 12.
Samuel Craycraft , Patrick Bourn , Philip Blake , John Grainger , Daniel Clark otherwise Clarey, Richard Cornwall , Patrick Lynch , Thomas Murray , Peter Flaharty , Nicholas M'Cabe , James Murphy , and James Dogan .
Transportation for 7 years, 20.
James Harris . John Pipson , Joseph Yates otherwise Ales, Thomas Vaughan , Anne Eades , Jane Haley , Joseph Sterne , John Pinchest , Dorothy Allen , John Ingram , Mary Conscollon , Isaac Darby , Esther Marks , John White , Elizabeth Ransom , John Collins , James Rackley , Susannah Gardner , George Bignell , and William Worlderidge .
John Grainger , Daniel Clark , otherwise Clarey , Richard Cornwall , Patrick Lynch , Thomas Murray , Peter Flaharty , and Nicholas M'Cabe , were executed on Tuesday the 26th of July near Sun Tavern-fields, Shadwell.
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