Reference Number | t18170115-64 |
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Verdict | Guilty; Not Guilty; Not Guilty; Not Guilty; Not Guilty |
Sentence | Death |
Actions | Cite this text Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 09 June 2023), January 1817, trial of JOHN CASHMAN JOHN HOOPER RICHARD GAMBLE WILLIAM GUNNELL JOHN CAR-PENTER (t18170115-64). | Print-friendly version | Report an error |
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211. JOHN CASHMAN , JOHN HOOPER , RICHARD GAMBLE , WILLIAM GUNNELL , and JOHN CAR-PENTER , were indicted for stealing, on the 2d of December , twenty fowling-pieces, value 200l.; one musket, value 10l.; two blunderbusses, value 10l.; ten pair of pistols, value 50l.; and twenty steel shot charges, value 40l., the property of William Andrew Beckwith , in his dwelling-house. One Charles Griffin, one George Lidyard , one Edward Hone, one John Roberts, and one Henry Beckwith , being in the said dwelling-house, and being respectively put in fear by the said John Cashman , John Hooper , Richard Gamble, William Gunnell , and John Carpenter , on that occasion, in the said dwelling-house .
ANDREW BECKWITH . I live at No. 58, Skinner-street . I am a gun-maker . On the 2d of December last, I went out between eleven and twelve o'clock in the morning; there were a great number of guns and pistols in my shop window. I returned about three o'clock in the afternoon. My house was perfectly safe when I went out; when I returned, I found my house in a very demolished state; the shop window-frame and windows were broken. The shop is part of my dwelling-house. I found I had lost guns, pistols, powder, shot, and shot-charges, amounting, together, to 1349l. 15s. 6d. in value.
JOHN ROBERTS . I was Mr. Beckwith's apprentice on the 2d of December last. A young man came into the shop on that day, about twenty minutes after twelve o'clock; and in about a quarter of an hour afterwards about four or five hundred came, and said they would have the young man out of the shop; he had been taken into custody for shooting Mr. Platt. The young man was afterwards rescued; the mob broke open the shop before they rescued him. The left hand window was broke-the glass was broke first, and afterwards the frame; they then proceeded to take the guns and pistols, by putting their hands in at the window. They afterwards came into the shop and took the guns out. I saw the prisoner, Cashman, there, he was in the shop, opening the drawers, and taking the things out; he took some shot charges out, and some guns, and distributed them amongst the mob. I should think that he took a dozen, all at one time. He was backwards and forwards in the shop; I did not see him go out of the shop, he gave the guns out at the door; he took them out of the counting-house, which is within the shop. I am sure that Cashman is the man who did it. Edward Hone , the foreman, Henry Beckwith, "myself, George Lidyard , and Griffin, were in the shop, when Cashman was there. Two pistols were fired off when Cashman was there; I was alarmed. The mob had colours flying about in the street. I rather think Gunnell broke the windows, but I will not be certain. I did not see how they was broken.
Cross-examined by MR. ALLEY. I was repeatedly examined about this, before the Lord Mayor.
Q. You were not always so sure of Cashman as you are now-A. Yes; I was always: I said, I was not certain of the brewer's servant, but was certain of Cashman. I was a great deal alarmed; there was a great mob. My efforts were directed to save my master's property. I am certain Cashman is the man, and always was. I am not sure who broke the window, but I think it was Gunnell; he was dressed as a brewer's servant, and it was a brewer's servant who broke the window.
Court. Then you do not recollect who broke the window - A. There were three or four brewer's servants there, which of them it was I do not know.
Q. Have you any other reason for saying you believe Gunnell was there, than from his being dressed as a brewer's servant - A. He is very much like the man.
GEORGE LIDYARD. I reside in Snow-hill; I am a hair-dresser. On the 2d of December, having heard the report of a pistol, I ran out of my door towards Mr. Beckwith's; I went into his house-when I got to the door, a mob of about eighteen persons were near the door; in a few minutes it increased to about two hundred. They had flags with the words "Justice," and "Trust to Providence" I think, upon them. The mob seemed to ask for their leader, the man who had shot Mr. Platt. Mr. Hone said, that he was gone, in order to get rid of them; but he was, in fact, up stairs. On the west side of the window, there was a man, in the habit of a drayman, who broke one window with a stick: a man like a sailor, broke the other. Upon the windows being broken, the guns were taken out; two boys were taking the pistols out, and the men were taking the guns. Five or six rushed in at the door; they seized the arms out of the glass-cases by the sides of the shop.
A sailor jumped in at the east window, and several with him; almost every thing was taken out of the shop. The mob were making a great noise, and breaking the windows: the flag was brought into the shop by one of the men. I saw the prisoner, Hooper, give the flag to another man, at the door of the shop, before the mob entered. The flag remained opposite the house, and I lost sight of it. About ten minutes afterwards it was brought into the shop. During the time that I lost sight of the flags, my attention was directed to the mob in the shop; I saw the prisoner, Cashman, in the shop: he had hold of Griffin, and another man laid hold of him on the other side. Griffin had been to get hand-cuffs for the man who we had in custody; he was seized by one man, and afterwards I saw him in the hands of Cashman. I saw Cashman go into the counting-house, and take arms out of it twice; the counting-house is at the back af the shop. He took about a dozen out the first time, and eight or ten the second: he threw them out to the mob at the door. I also saw the prisoner, Gamble, opposite the shop: before the windows were broken, he was among the mob, standing close to the east window; he had no gun then, he had nothing in his hands at that time. I saw him shortly afterwards with a gun, he was in the coach-road, among the mob, with a gun on his shoulder, and appeared to be going away; the mob were running at that time. I did not see Carpenter there. After the mob had taken the arms, they went up towards Newgate-street.Cross-examined by MR. CURWOOD. I was only examined once at the Mansion-house; I was there several times to see the different persons who were examined. I only said whether I knew the different prisoners, or not.
Q. Did you ever say before, that you saw Hooper with a flag - A. I think I said so at the Mansion-house: I only answered to what I was asked. I was asked whether Hooper was the man who took hold of Griffin-and I said, no. I said, I never saw Hooper in the shop; and say so now.
Court. Was you much alarmed - A. I was afraid.
CHARLES GRIFFIN . I live in Skinner-street; I am a perfumer. I was in Mr. Beckwith's shop on the 2d of December last, between eleven and twelve o'clock; the first thing I observed, was Warrell, the officer, searhing the man whom he had in custody. I was in Beckwith's counting-house, I stood there about five minutes, and afterwards I went out for some hand-cuffs: I returned in about ten minutes. I went into Beckwith's shop - A mob was on the outside of the house; the shop was then quite safe. The window towards Holborn was first broke by a brewer's drayman, with a broom-stick: Gunnell is the man who did it; I am sure of it. I had observed him before he broke the windows; I saw him break the first window. The prisoners, Hooper and Cashman, came into the shop afterwards, they came from a flag. I had seen that same flag in Hooper's hands, in the Old Bailey, when I was going for the hand-cuffs, it had the words "Soldiers, and Loving Brothers" on it. Hooper and Cashman came to the front door. I was laid hold of by the prisoner, Hooper, and I laid hold of him. Cashman came up and collared me, and asked what was the matter. A third came up, I do not know who he was. Before they came in, Hooper hallowed out "Follow me! Follow me!" upon that a rush was made at the door. There was no windows broke at that time. When they had got hold of me, I said, what do you want of me? I came to rescue the man as well as you: I said so for my own safety. They then let me go. They went towards the counting-house: I followed them. I passed them, and lald hold of a blunderbuss, pulled the trigger back, and put it on my shoulder. Hooper took a pistol from his great coat; he presented it, and said, I can do that as well as you: pointing it at me. I was so terrified that I ran up into the kitchen, and did not come down again.
Cross-examined by MR. ALLEY. I have been a hairdresser for twelve years, and lived in this house. I did live with a Mr. Marquis, twelve years ago; he is a hairdresser: I was his journeyman. I left him because I did not agree with him: he did not turn me away - I went away myself. I was at the Mansion-house two or three times a week, for three or four weeks; I went for the purpose of being examined, but sometimes I was not examined. I have been examined there.
Q. Did you ever, until after the examinations had been all gone through, or did you ever, at any one of these examinations, say Hooper was the man who presented the pistol at you - A. I did not.
Q. How long ago did you say so - A. About a week ago, at Mr. Newman's office; I think it was not before all the examinations had been gone through.
Q. Was you ever examined at the Mansion-house after that day - A. I was.
Q. Did you ever say, in the presence of the prisoner, Hooper, that he was the man who presented the pistol to you - A. I did not.
Q. You have also sworn that you saw him displaying the flag; did you ever say so in the presence of the prisoner, until to day - A. I have not. I do not know of any reward being offered for any thing, but for the man who shot Mr. Platt.
Re-examined by Mr. GURNEY. I went to the Mansion-house, when I was directed to go; sometimes I was examined, and sometimes not. There were a great many persons against whom examinations were taken. I always answered, to the best of my knowledge, to the questions that were put to me: I did not know that there was a reward offered.
Court. When you returned to the shop, in Skinner-street, had you the hand-cuffs open in your hand - A. No.
JOSEPH DYNAN . I am a boot-maker, and live at No. 5, George-street, Snow-hill. On the 2d of December last, I was in Skinner-street; I was not there till the mob was at Mr. Beckwith's shop. The mob extended across the street; they had a flag with them: the flag was nearly opposite the shop-door-it had reading on it. I saw the prisoners, Cashman and Carpenter, there. The mob were breaking the windows with sticks. I saw Cashman go into the shop and bring out fowling-pieces, or muskets, to the mob; I suppose he brought out four: he came out with them in his arms, and gave them to the mob at the door, saying, "Here! Here!" and gave the arms to them. He went in again, and brought out three more: he gave two of them away, and kept one himself. I then went home and came back again; the major part of the mob were then gone towards Newgate-street. I then saw Carpenter with two pistols, he was in the body of the mob;
one was a large horse pistol, and the other was a small one: he was going huzzaing, and brandishing the pistols about in his hands. I also saw the windows broken.Cross-examined by Mr. CURWOOD. I live close by; I told a woman of it.
Q. Did you not say to her, come out, and see the fun - A. I did not. I said no such thing, to the best of my knowledge, I did not. I never said I wished them success. I will swear it.
Q. When you heard that they had laid down their arms, did you not say, that they were bl-dy fools, and that they, ought to have gone to Carlton House - A. I never said so.
Q. Did you not say, that you heard there was a reward of fifty guineas, and that you thought you could pick out two for it - A. I never said so.
Q. You said there was a reward of fifty guineas - A. When I came home, I said, I knew two of them;-there was no reward then. I did not say afterwards that there was a reward, and that I knew two of them: I told the woman I knew two of them, the moment of my coming home. The woman had sent me up to see if her husband was there; she was alarmed for fear of his being in the crowd: I knew her husband perfectly well; I did not see him. When I went home to the woman, I said, I knew two that were there; for I had frequently seen them before the riot. Neither of the prisoners are the two whom I spoke of: it was two men who are not apprehended. There were no rewards at that time; there could be none.
MR. JOHN MIDDLETON. I am a wholesale stationer, in Skinner-street. On the 2d of December last, when the mob were opposite Mr. Beckwith's, I saw a number of persons before my house, pass down to his house. I was standing at my warehouse door, which is about twelve doors above Beckwith's house, but within sight. I heard the report of fire-arms, and a few minutes afterwards a number of persons came opposite my house, between my house and the church; they very soon after returned again to Mr. Beckwith's. I was in the balcony of my drawing-room window: I observed several of the mob. The prisoner, Hooper, most certainly was there; I saw him conversing with the man who held the flag: he appeared to me to be directing the mob. I think he took the flag from the man, but I am not certain; I saw him in the mob for two or three minutes: he had a tri-coloured cockade in his hat-the flag was also tri-coloured, and had letters on it. He had something in his hand, I thought it was a sword; he flourished either a sword or stick, and was directing the persons about him. When the mob returned opposite my house, they appeared to be going to the city; but there was a noise from Mr. Beckwith's house, and they returned there again. The flags moved with them, and Hooper went with them too; he was very near the flag. I did not follow them, I watched them; I saw the windows broken, and a great quantity of fire-arms taken out of the windows; the remainder of the windows were broken, with the muskets which had been taken out. I did not observe any muskets with the mob before this; when they were opposite my house the first time, they had swords. After I saw the windows broken, and the arms taken out, the mob came towards Newgate-street again, when I lost sight of them. I am partly sure that Hooper was there with them; the flag went with them: I have no doubt that Hooper was with them, the last time that they passed my house.
Flag produced. MOTTO: TRUTH TO PROTECT THE INJURED, NATURE TO FEED THE HUNGRY, JUSTICE TO PUNISH CRIME.
JOHN PAGE . I am drayman to Messrs. Calverts. On the 2d of December last, I was in Warwick-lane, with my dray, it leads into Newgate-street, it was about two o'clock, I knew the prisoner, Gunnell, I have known him for six years; I saw him on that day in Newgate-street, he had a gun in his hand - He was with a great many people, going towards Cheapside. I also saw the flag among the mob; the flag went first, and the mob followed - They were all going the same way. I have known Gunnell six years, he was a lame man. I never saw him walk with a stick.
Cross-examined by MR. ALLEY. Have you never said that it was not Gunnell, but another man - A. No.
Q. Have you never been dismissed from Calverts' service - A. No.
Q. Have you never been without receiving your wages - A. I was at the Mansion-house for three days, and received no wages for those three days. Gunnell was not working for Calverts' at the time - He had lived with them some time ago.
SIR JAMES SHAW, Bart. On the 2d of December, the day of the riots, I offered the Lord Mayor my assistance; I first saw the mob on the north side of the Royal Exchange, near the north door of the Old Stock Exchange; they had a flag with them: I did not perceive the arms. I seized the flag, that which has been produced, is the one; we dispersed the mob: they flew in all directions. The flag was attached to a long pole: (produced) that is the pole, I know it by a mark.
SAMUEL LEVI . I am a city constable. On the 2d of December last, I was on duty in the Exchange; I saw the prisoner, Cashman, there, he was with the mob; he had a gun with him; I took both him and the gun: I gave the gun to Cartwright, he examined it, it was loaded with small shot and powder.
DANIEL CARTWRIGHT. I am a city marshalman. I was on duty on the 2d of December last, at the Royal Exchange, I saw Cashman there with the mob; I assisted in taking him. Levi gave me the gun, which I saw taken from him; I examined it, it was loaded with small shot, and primed. I said to the prisoner, there is plenty here; it was loaded high. He said he knew it, he brought it for the purpose, either to kill, or be killed. I have had it ever since, and now produce it.
ANDREW BECKWITH. I believe this gun was in my shop; I had eight or ten of this description. It has the name of Ing on it, and I had some of that name in my house, on that day - They were stolen. I left them there in the morning, and they were gone when I returned.
ABRAHAM SAMUEL . I know the prisoner, Gamble; I saw him opposite the Exchange on the 2d of December last; he had a gun, and was with the mob. The gun was in his own hand, on his shoulder.
JOHN GOUGH. I am an officer of Union-street. I ap
prehended the prisoner, Gamble, about two o'clock, on the 2d of December, at Queen-street, in the Borough, he had a gun under his right arm at the time; I gave it to May. I am sure the prisoner, Gamble, is the man. I took him. After I had taken him and the gun, I observed his face very black. I asked him where he had got the gun, he said he picked it up in Skinner-street it was a dirty day. I examined the gun, the butt end of it was dirty, but the other part was not dirty-the side was not dirty. The dirt at the butt end was as it would be from putting it on the ground.JOHN MAY . I produce the gun, which was delivered to me by the last witness. I have had it ever since.
MR. BECKWITH. This gun was in my east side window on the 2d of December, when I went out, it was not there when I returned; it is mine; it is worth 14l. 14s. I made it for a gentleman at Kingston, and exchanged it with him for another, as it was too heavy for him. It is my own work.
JOHN ROBERTS . The gun produced was in the shop on the 2d of December, it was in the window; it was about the third gun from the glass. It was not sold. I was in the shop all day, until the mob came.
THOMAS FRIEND. I am an officer of the Borough. I produce a pistol which I received from Mr. Hill, shopman to Mr. Willis, who is a pawnbroker, in the Borough; on the 6th of December. I apprehended the prisoner, Carpenter, on the 14th of January.
WILLIAM HILL. I am servant to Mr. Willis, who is a pawnbroker, in the Borough. The pistol produced, was brought to me to pledge by Eliza Owen , on the 5th of December; I stopped her and the pistol, and went to Friend.
ELIZA OWEN . The pistol produced, I took to the pawnbroker's to pledge; I got it from the prisoner, Carpenter, he told me to pledge it on that same day, it was the 5th of December.
Mr. BECKWITH. I believe this pistol to be the one which I bought of Mr. Mortimer's, I bought such a pair of pistols of him, it has his name on it; I bought two brace of them: I have the fellow, it was stolen, and I received it from the Lord Mayor at the Mansion House. I have not sold either of the two braces of pistols which I bought of Mortimer; I lost them on the 2d of December.
JOHN HUGGINS . I am a wholesale silk-man, and live in Paternoster-row. On the 2d of December, I was near the north door of the Exchange, I saw the mob there; I saw the Lord Mayor very active, and saw Sir James Shaw seize the flag. I sprung forward and seized the prisoner, Hooper, took him into the Exchange, and held him until the doors were shut. I put my hands into his coat, and found a brace of pistols under his coat; I took them out, and tried one of them, and found it was charged, and loaded with ball. I did not examine the other. I gave them to the officer.
MR. VINCENT GEORGE DOWLING . On the morning of the 2d of December, I was in Spa-fields; I saw a mob assembled round a waggon; I saw the prisoner, Hooper, in the waggon at the time the mob were assembled round it. I did not see either of the other prisoners. There were two tri-coloured flags displayed from the waggon; the one that has been produced was one of them. I saw the mob leave Spa-fields, they went towards Coppice-row, Hooper accompanied them they left the waggon behind. The flags moved with the mob, and a banner also; they quitted the waggon, after way was made for them; Hooper was with them, he was close to the flags they were carried, and he joined them. When they came to Coppice-row they made their way towards the City. I saw Mr. Stafford, with some officers, make a rush towards the flags. He carried off one of the flags and a banner; the other was drawn down, and they went towards the City.
JOHN LIMBRIC. I am an officer of Hatton-Garden. I went into Spa-fields, and saw the waggon, with a great number of persons round, and several persons in it. The prisoners, Cashman and Hooper, were in the waggon. Cashman had a tri-coloured flag with reading on it, it was on a pole. Hooper had a tri-coloured cockade in his hat, this was in the waggon, another man had this banner, (pro ducing it.)
MOTTO.
THE BRAVE SOLDIERS ARE OUR FRIENDS, TREAT THEM KINDLY.
I returned to Coppice-row about twelve o'clock, the mob were coming into Coppice-row; Mr. Stafford was trying to pull down one of the flags, and calling for help. I took a man, and Hooper rescued him from me. I did not see Cashman there.
EDWARD GOODSPEED . I am constable of St. Andrew's, Holborn. I was in Spa-fields on the 2d of December. I saw the prisoners, Cashman and Hooper, in the waggon there; I was afterwards in Coppice-row; I then saw both, Hooper and Cashman in the mob there; I saw Cashman with the flag in his hand; I saw Mr. Stafford there; the mob were knocking him about; he called out for help; he was taking hold of one of the colours; the mob were pressing him; I saw Hooper there, shoving about.
F. WINDERMUDE. I live in Horse-ferry-road, Westminster. I am the proprietor of the waggon which was in Spa-fields, on the day the mob was there. It was hired on the 27th of November, which was the Monday preceding the day. On the Sunday evening, the person who had hired the waggon came to me, the prisoner, Hooper, was with him. I received directions from both of them, to be at the top of Chancery-lane, Holborn end, at nine o'clock; I was there at the time appointed. The other man and Hooper came to me there, and put something in the waggon. I afterwards found it to be colours, those produced are the same, there was a small bundle put in the waggon. After the mob had left Spa-fields, I found the bundle to contain bullets, and a cat of gun-powder, and some bits of lead cut to pieces. I think Hooper put it in, if he did not, he was present at the time. After the things were put in, we proceeded towards Spa-fields. Hooper rode in the waggon; there was a large mob round the waggon in Spa-fields. After some time, the mob left the waggon; Hooper was in the waggon when it was there. I had been paid part of my money for the waggon, he said, I should have the remainder. Hooper was in the waggon when the flags were displayed. Cashman was in the front of the waggon, and had one of the colours. Hooper and Cashman went away with the mob; I delivered the bullets and powder to Gillman.
GILLMAN. I received the bullets and powder from the last witness, there are from sixty to one hundred bullets, about a pound of powder, and some slugs.
CASHMAN'S Defence. I went to the London-Hospital that morning, to see my shipmate, who was ill. I took a letter for a gentleman to the Admiralty; I returned and went to Rosemary-lane; I staid there sometime. I was sent back to the Admiralty, and as I was returing, the people were running, I ran with them. I took the arms from the men, and was taken into custody. The two men, when they were examined before the Lord-Mayor, said, that I was drunk; and so I was. The man who took the musket from me, said I was drunk.
HOOPER'S Defence. I was informed, that there was no material evidence against me, in consequence of which, I was admitted to bail; it now appears to day, that there is frightful, terrible evidence against me. Griffin often came to look at me at the Mansion-house, but he never brought any evidence against me; Lidyard also, never appeared against me till this time, seeing this is the case, I am altogether unprepared to meet it. I never carried the colours; I certainly had a tri-coloured cockade in my hat. On my leaving Spa-fields, I came into the city, for the purpose of calling on the Lord-Mayor, to inform him that they were rioting, and to prevent them from plunder. I never entered Beckwith's shop.
GAMBLE'S Defence. On the 2d of December, I went out to look for work; I was in Holborn, and followed the people to Spa-fields; I followed the mob from Spa-fields to Mr. Beckwith's shop. I picked the gun up in Skinner-street. I went home to Union-street, in the Borough. I was taken into custody about two o'clock.
GUNNELL'S Defence. I am very wrongfully accused of breaking the windows. I had not got a broom-stick in my hands on that day; nor was I in the shop, or near it.
CARPENTER'S Defence. On that day I went to the London-docks to look for work, I could not get any; and was going to Spa-fields. I heard of the riot at the Mansion-house, and went there. The pistol was forced into my hands, powder and shot was offered me; I said, I had no use for it. I took the pistol, as I was afraid of my life. I went home. I was at home by one o'clock; I have witnesses to prove that I was at home by that time.
MR. FRANCIS HOBLER , then read the evidence of Mr. Griffin against Cashman, at the Mansion-house; as follows,"The prisoner, Cashman, came to me and collared me, and I presented the blunderbuss; and Cashman said, he could do that as well as me, and he (Cashman) presented the pistol."
MR. GRIFFIN re-examined. COURT. - Q. It appears by refering to your examination before the Lord-Mayor, that you said, Cashman presented the pistol to you? - A. Hooper, as well as Cashman, were under examination; Hooper was dressed in a great coat, and stood next to Cashman; I was asked whether the man next to Cashman did it; I said the man in the coat. I did not read my affidavit before I signed it.
JOHN CASHMAN - GUILTY . DEATH . Aged 28.
RICHARD GAMBLE- NOT GUILTY .
WILLIAM GUNNELL - NOT GUILTY .
JOHN CARPENTER- NOT GUILTY .
London Jury, before Mr. Justice Park.