9th January 1799
Reference Numbert17990109-41
VerdictNot Guilty > fault

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120. DANIEL MACKAWAY was indicted, for that he, on the 14th of December , a certain pistol, loaded with gunpowder, and a leaden bullet, feloniously, wilfully, and maliciously did shoot off at one John Dennis .(The indictment was opened by Mr. Trebeck, and the case by Mr. Vaillant).

JOHN DENNIS sworn. - Examined by Mr. Trebeck. I am a watchman and patrol of St. Sepulchre's, in the Ward of Farringdon Without. On the 14th of December I went to Black-boy-alley , to the house of one Manby, in the middle of the night, between twelve and one o'clock; we went up stairs, and, in the two-pair of stairs room, we saw the prisoner at the bar sitting by the fire-side.

Q. Who were in company with you? - A. Willey, Powter, and Griffiths; we found a boy that we went after in bed with three women; we wanted him for being concerned in robbing a shop in Field-lane; the prisoner at the bar was sitting in a chair by the fire side, very genteelly dressed; I told the boy to get up, and I said to Mackaway, you may as well go with us too, for if you stay here, you may be robbed; Mackaway said, do you want any thing with me, gentlemen; I said, no; when the boy had got up, we went down stairs.

Q. You did not attempt to take the prisoner at that time? - A.No.

Q. Is Black-boy-alley in your parish? - A.Part of it is, but that house is not; when we had got into our parish, I took hold of him carelessly by the arm, then Willey gave me a nudge; the prisoner then asked Willey whether he knew him; Willey said, no, I know nobody; the prisoner said, my name is Carey; Willey made answer, Carey, then I want you, come along; Mackaway then pulled himself away from me, and ran something in my mouth, I cannot say what it was; I said to my partner, d-n his eyes, he has got a knife, mind his knife; Powter was close behind us, and the the watchman, Griffiths, was before with a lanthorn; I still kept hold of him, and he and I russled a good bit, for the space of two minutes or thereabouts; then Powter hit him over the arm with a stick, and, what he held in his hand, I suppose, dropped from him at that time, but I cannot positively say.

Q. Had you any warrant for apprehending him? - A. No, I had not.

Q. What took place after he had struck you? - A. There was a pistol found.

Court. In this case, if death had ensued, it could have been but manslaughter; this man was not disturbing the peace at all when he was taken into custody. Gentlemen, you must acquit him upon this indictment.


Tried by the second London Jury, before Mr. Justice HEATH.

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