Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 15 August 2020), December 1772, trial of EDWARD BROCKET (t17721209-99).

EDWARD BROCKET, Breaking Peace > riot, 9th December 1772.

* 136. (L.) EDWARD BROCKET was indicted for that he, with other persons to the number of five hundred, did riotously and tumultuously assemble in Guildhall-yard, on the 9th of November, and did greatly insult, obstruct, and abuse the constables in the execution of their respective offices . ++

* My Lord Mayor went off the bench during this trial.

Mr. Deputy Judd.

Q. Was you at Guildhall , or Guildhall-yard, on the 9th of November , Lord Mayor's day?

Judd. I was.

Counsel. Please to give an account of what assembly of people there were gathered together in the yard, and what you saw they did.

Judd. There was a great number of people gathered together in the yard, and they drove away all the constables that were attending there; I do not recollect to have seen more than one or two constables left, and they were exceedingly riotous; they knocked the lamps out, they pulled the portico down, and threw the boards through the gates; they were very riotous but I know nothing of any of the persons that committed the riot.

Q. Then the account you give, is, that there were a great number of riotous people in the yard destroying the portico. Pray did you hear any particular expressions of these people?

Judd. I did not.

Q. What time do you judge this riot first began?

Judd. Upon my word I cannot say exactly, it might be near six, or between five and six; I was in the Hall.

Q. Can you judge how long it continued in this manner?

Judd. Some hours.

Q. Did you see any thing of an Engine?

Judd. I did not. I attempted to go out once but was glad to retreat.

Q. You know nothing then of the fire perhaps?

Judd. I saw a fire burning at a distance, but do not know any thing about it; it seemed to be burning at the further end of Guildhall-yard.

Mr. John Lawrence . I attended at Guildhall on the 9th of November, to take the tickets.

Q. What time was you there?

Lawrence. I came at eleven in the morning.

Q. But in the afternoon?

Lawrence. I was there from that time.

Q. You did not go to Westminster?

Lawrence. No.

Q. What time did the procession come back?

Lawrence. About four o'clock.

Counsel. Please to give the court and the jury a general account of the riot.

Lawrence. At the particular request of Mr. Sheriff Lewes, I attended to take the tickets brought by the company for admitance; in that station I continued many hours; when my Lord Mayor went out of the hall, it was very quiet and orderly, and there was not the least appearance of a riot till my Lord returned; after he returned, it was my duty to stand at the same station as I had all the morning, while he was gone. The people now began to be very uncivil; first of all they began to crowd about the entrance into the hall, so that those gentlemen and ladies that came in carriages were obliged to get out at a vast distance from the door; this put us to the inconvenience to attend them at their carriages, and I saw that while the company were getting out at one door, the mob laid hold of them at the other door; I saw one lady have the greatest part of her sack cut off; I saw several gentlemen held by their legs and swords by the mob, who would not let them come out of the coach till they gave them money; this was at broad daylight. As the company came, their violence increased, so that at last we were obliged to retreat to the iron gate at the hall; when we had done that, they were so extreamly outrageous, that as the company came, and not willing to go back, if they alighted before they came to the door, some had their bags cut off: one gentleman I saw had part of his head of hair cut off; a gentleman of my acquaintance came, with a ticket I gave him, in a chair, which was broke; I held in my arms a lady some time, who had her husband taken from her, as he came in a coach to the door. When it began to grow dusk, the riot was too great for us to stand; we were obliged to go to my Lord Mayor, to inform him, that unless we had some power, more terrible to the mob than constables, I was apprehensive they would break into the hall; my Lord Mayor said, that as the civil power then present could not surpress the mob, he should send for the Artillery Company; he did so; before they came we had shut the doors; they had then forced themselves through the iron gates, and had got to the inner door of the hall, we endeavoured to go out in a body; I was one that went with Sheriff Lewes; and indeed when we first went out they ran away; but what they run for, was to increase their strength, and we were forced to run afterwards, otherwise our lives would have been in extreme danger. After this, when we attempted to go out the second time, they had then pulled down great part of the portico; then Sir, my Lord Mayor's brother went out with a sword in his hand; I went on the left of him, and Deputy Judd on the right; while we were walking over the boards that they had flung in between the iron gate and the inner door; while we were standing at the iron gate, I had a board, I suppose of ten or twelve feet, that rested upon the cross bar of the gate, flung in, with such violence that it struck the corner of my hat, and turned it quite round; and at the end of the board there was a spike nail two or three inches long; I had afterwards a very large stone flung upon my foot, which made me limp for several days. Well, Sir, but not only this, but after they had wantonly entertained themselves this way, we found showers of glass come upon us; which, by enquiry, we found to be the glass lamps they had broke. After this entertainment was over, we found showers of oil come upon us, which daubed a common council-man's gown: I went out several times, and was in great danger, and am of opinion, that had it not been for the Artillery Company, much more mischief would have been done then has happened.

Q. Did you hear any expressions made use of?

Lawrence. I heard one expression when I went out with Sheriff Lewes; they did cry, deliver the prisoners: they apprehended some prisoners were taken; I heard no name of any gentleman whatever; their cry was, deliver the prisoners!

Q. Do you know whether any of them said any thing respecting my Lord Mayor?

Lawrence. No, I did not.

Q. But there was a cry of, deliver the prisoners! deliver the prisoners!

Lawrence. Yes.

Q. From what number?

Lawrence. I believe it was the voice of as many as I could partly reach with my ear; we were out a considerable way in the yard, when we went out to appease them, and spoke as quietly and decently as the nature of a mob would admit of.

Q. What number of people do you think there might be?

Lawrence. I believe upwards of a thousand.

Q. The cry of deliver the prisoners, where was that from?

Lawrence. The people about us.

Q. Did it appear that a great number of persons were concerned in the cry?

Lawrence. No doubt of it.

Q. You know nothing as to the prisoner in particular?

Lawrence. I do not; not to any one of them: it was too dangerous to be too near them.

Q. I suppose it was pretty dark when the lamps were broke?

Lawrence. Yes, very dark.

Q. Do you remember the making the bonfire?

Lawrence. I remember seeing a bonfire.

Q. What time did you see it?

Lawrence. I suppose it to have been about nine.

Q. Then the first you observed was about five?

Lawrence. About a quarter or half an hour after my Lord Mayor returned; I believe between four and five.

Q. Did this scene of riot and confusion you have been giving an account of continue from five till nine?

Lawrence. It partly continued in and out of the hall till two in the morning.

Q. No peace?

Lawrence. No peace, but one continued riot.

Q. I think you mentioned their being at an iron gate; was there any attempt upon the iron gate?

Lawrence. The iron gate was then broke, so that it was only partly against the bars that remained of the gate that we stood; they threw the wood in our way, that if we would have shut the iron gate, the rubbish that lay there prevented it. I myself saw one of the bars broke; it was through where this cavity was made that they threw the boards.

Q. And that board that had the large spike nail at the end?

Lawrence. Yes; which terrified me when I saw it.

Mr. Patrick Cawdron . I was appointed by Sheriff Lewes, to attend to receive tickets at Guildhall door; I attended from about three till near five, when the company were set down to dinner; after they had set down some little time, I heard a great noise; I was told there was a riot at the door; I went there; there I found a number of people, in a very riotous manner, pushing the board that they had taken from the portico through the iron rails into the hall; several were pushing backwards and forwards, and huzzaing in that kind of riotous way.

Q. Did you see any thing thrown?

Cawdron. I had a great many boards pushed at me, and some stones thrown; they were not particularly at me, but thrown in.

Q. Did you observe what kind of stones they were; the size of them?

Cawdron. They were pretty large; they were as big as that book; I apprehend they were stones taken from the pavement.

(A basket full of large stones produced, some of which were ten or twelve inches long, and proportionably thick)

Cawdron. They were such as these.

Q. Where were they thrown?

Cawdron. In at the iron gate, through the bars, many of them.

Q. Did you hear any particular expressions made use of by the mob?

Cawdron. No, none at all.

Q. Do you remember the Artillery Company being sent for?

Cawdron. Yes; they came between six and seven.

Q. In what manner were they treated?

Cawdron. Very roughly; they were hooted and hollow'd at.

Q. Was any thing thrown at them?

Cawdron. I did not see any thing particularly.

Q. But you say you saw such stones as these thrown?

Cawdron. Yes; they came in at the gate.

Q. Do you remember any constables going out to the mob?

Cawdron. I went out myself several times.

Q. Was it possible for the constables to stop the mob?

Cawdron. Certainly not; they were got too much a head.

Q. Did you see any thing of the engine?

Cawdron. Yes; I did see the fire, and the engine burning.

Q. For what purpose was the engine taken out?

Cawdron. I suppose to quench the fire: an engine to disperse a mob is truly laughable.

Counsel. If people were there out of the common curiosity, a little water might do good; they do not like to be wet, unless they come there on purpose to make a riot, then to be sure they may.

Cawdron. I can speak to one matter of fact; some of them might be wounded in attempting to push in the boards: the iron gate had a bar a-cross; the mob rested the boards upon that bar, and then took an aim, and pushed them violently at the gentlemen on the inside; there was the Rev. Mr. Townsend, my Lord Mayor's brother. When they stood to take an aim, I observed some gentlemen then took the opportunity to give them a wound; and send them about their business; there was one man I remember, I wounded in the leg with a sword. I did observe to my Lord Mayor, when the men were examined before him, that I supposed several of them were wounded.

Q. Is the prisoner wounded?

Cawdron. Yes; but I cannot swear to his being the man that I wounded.

Mr. Deputy Judd. There is one circumstance I forgot: when they were throwing the stones in, I saw a gentleman's servant struck in the face, and cut; he bled very much indeed; I was told it was Sheriff Lewes's coachman; I do not know that it was; and I believe the mob would have been in the hall, had it not have been that half a score gentlemen came out with their swords; boards and stones were thrown at them in a violent manner; he was striving among the rest to keep the mob out when he received that wound.

Q. And he received that hurt in endeavouring to keep the rioters out of the hall?

Judd. Yes, he did.

Mr. Joshua Tinsdale .

Q. Was you at Guildhall on the 9th of November?

Tinsdale. Yes; I came back with the procession; my Lord Mayor arrived at Guildhall about three or five minutes after.

Q. You are one of the city marshal's believe?

Tinsdale. Yes.

Counsel. Give an account of what you observed that afternoon.

Tinsdale. When we arrived at Guildhall, about three o'clock, there were a large number of people assembled in the yard; it was almost impossible for my Lord Mayor's coach to be drawn up to the door; so it continued for some time, that we could scarce get within ten yards of the door. There were a large number of people very much crowding, to oppose the company coming into the hall, that we were obliged to go out several times to make way for the company, as they found it very difficult to get in; this continued till about a quarter before five; then the gentlemen that were receiving tickets, thought the company was all come, and that it would be better to have the door shut, that they might go to dinner themselves; accordingly the iron gates were shut, and some constables were placed within side; they had not been I believe above a quarter of an hour in the hall, before the constables called out, they are coming into the hall! we went to see what was the matter, and the people were then pushing boards through the iron gate at the constables; after that a number of gentlemen who heard of it, came down, and finding the riot was so great, drew their swords to defend themselves from the mob, and prevent their coming into the hall; the mob on the outside pushed the boards through the iron gates at the gentlemen, and that obliged them to make their defence, by pushing their swords through the rails. The gate at one time was broke open, and with great difficulty we got it shut again; that was owing to some boards which lay under the gates; we got them away, and so shut the gates again; this continued best part of the evening.

Q. Did you see any stones thrown?

Tinsdale. Yes; a great many stones, and some glass and oil.

Q. Did you observe the lamps broke?

Tinsdale. Yes; the lamps were all broke, entirely.

Q. By stones?

Tinsdale. At first, by taking a board and sweeping them all down; after they were brought down, then they threw in the broken pieces of the lamps.

Q. The lamps were glass?

Tinsdale. Yes, with tin frames; they threw in the glass and the tin work.

Q. Every thing they could lay hold of?

Tinsdale. A great many things came in; they might lay hold of as great many things.

Q. Did you observe any of the gentlemen and ladies ill treated, coming out of their coaches to the hall?

Tinsdale. Yes; the people there would not let the coaches come up nearer than perhaps twenty yards distance from the hall, so that we were obliged to go from conveying one person back again to convey others, the crowd was so large.

Q. Did you hear them say any thing to the people in the coaches? - Did you hear any money demanded?

Tinsdale. I cannot say I did.

Q. Did you hear any expressions made use of by the mob?

Tinsdale. The only expressions I can recollect being made use of by the mob was, it is Wilkes's turn.

Q. Did you hear that from more than one?

Tinsdale. Yes, from several of them.

Q. Do you remember the engine being brought?

Tinsdale. The commanding officer of the Artillery Company applied to me to know if there was an engine; I told him I believed there was.

Q. What time did the Artillery Company come?

Tinsdale. A little before eight; that was about nine.

Q. In what manner were they treated when they came?

Tinsdale. Very ill by the mob; they threw dirt and stones at them; several gentleman were dirtied very much.

Q. What sort of stones; where these any of the stones that were thrown?

Tinsdale. I cannot say I saw any of the stones thrown; there were several.

Q. Did you see the stones lie upon the ground after they fell?

Tinsdale. Yes, several.

Q. Where these the sort of stones?

Tinsdale. These stones were found in the porch the next day, and were brought before my Lord Mayor.

Q. I take it for granted you had no stones in the porch when you came there at first?

Tinsdale. No, none.

Q. Then all these must be the stones thrown in?

Tinsdale. Yes; they could come no other way than by being thrown into the hall. They applied to me for an engine; I enquired for an engine master; I found him out; I sent the man to have it brought out; the gentleman applied to me to have it brought out, to throw water upon the fire or people; I thought it would be a means of getting them more from the hall; it was accordingly brought out; the mob laid hold of it and put it upon the fire.

Q. What use had been made of the engine?

Tinsdale. It just came out of the engine-house when the mob put it upon the fire; the fire was about ten or fifteen yards from the engine-house.

Q. Was the engine damaged by the mob?

Tinsdale. Yes; very much; an estimate was brought to the mansion house of about 23 l. I was informed it was on the fire; I went with two or three constables, and the Artillery Company, and took it off the fire.

Q. Do you remember the Artillery Company being placed within side Guildhall.

Tinsdale. Yes; they were treated very well on the inside because there was no obstruction at all.

Q. Was any thing thrown at them thro' the iron gate.

Tinsdale. That was only in the the porch.

Q. While in the porch. These things were thrown at them?

Tinsdale. Yes, equally the same; they were at last obliged to retreat into the hall, and shut the outer gates.

Q. How did the constables fare?

Tinsdale. They went out and attempted to keep the peace; but they could not, because the mob was so large; if they found a man with a constable's staff, d - n him, said they, here is one, we will have him; they could not stand, for the mob hussled together where they saw a constable.

Q. Wherever they saw a constable they disabled him?

Tinsdale. Yes; the constables could not do any thing against the mob; it was impossible.

Q. The numbers were very large?

Tinsdale. Yes; there might be 3000.

Q. Did you, or the constables, say any thing, or expostulate with the mob?

Tinsdale. I went out several times, and spoke to the mob; one time they cried out, that they wanted the prisoners discharged; there were two people taken into custody, and were discharged. I told them they were discharged; no prisoners were in custody then.

Q. How did they behave then?

Tinsdale. Very decently then, and said that was all they wanted.

Q. What time of night was that?

Tinsdale. I believe about seven o'clock; after we had retreated into the hall they began again, when we were out of the way.

Q. Do you mean attempting to force into the hall again?

Tinsdale. Yes.

Q. Was it not with much difficulty that they were kept out of the hall?

Tinsdale. Very great difficulty; if the gentlemen had not come with their swords drawn in their hands, I do not doubt but they would have got into the hall.

Q. If they had got into the hall, it would be very difficult to say what would have been the consequence from such an enraged mob?

Tinsdale. Very dreadful consequences; we were obliged to retreat within the inside of the hall, and shut the inner gates; that was the only defence we could have.

Q. I must ask you, for form sake, to make it evidence, were my lord-mayor and the aldermen in the hall?

Tinsdale. Yes.

Q. And a great deal of company as is usual upon that occasion?

Tinsdale. Yes.

Q. And from what you can judge they seemed determined to get into Guildhall?

Tinsdale. Yes; when we shut the gates they insisted upon coming in, and said, if we did not open the gates, they would break them open.

Q. Did you hear any expressions made use of by them when they attempted to break open the gates?

Tinsdale. No.

Q. Had you your made there then?

Tinsdale. Yes.

Q. Was there any injury done to your?

Tinsdale. At the time the boards were pushed through the iron gates, I was pushed in my body, by a board and fell back, and in falling back, the edge of the board catched my shin, and cut it from here to here ( describing it;) I have now the scar to show.

Q. Was there any attempt to lay hold of your mace?

Tinsdale. Yes; and by defending myself with the mace I broke it; when I showed them my mace, and desired them to be peaceable and quiet, they attempted to take hold of it.

Mr. Thomas Gates . I was on duty on the 9th of November, by order of the court of aldermen, to attend the cavalcade back to Guild-hall; I met them at Black-friars bridge; the present lord-mayor got into his coach very easy, but a mob gathered as the late lord-mayor was coming, at the right side of the coach, and endeavoured to interrupt him at getting into the coach; I saw it, and went back to assist at the coach door, and with my horse cleared them from the coach, and he got in very well, but they kept following the coach all the way, till it came to Ludgate-hill; upon Ludgate hill one of the men said, d - n you, marshal, get away from the coach door, you have no business there, and you shall not stay there; and they knocked down a man that I had to assist me; I hit that man upon the head, that hit my man, and broke his head with my mace; they seemed to be exasperated very much at this, and pelted me; they endeavoured to throw at the coach, but I came between them and the coach, and received the mud upon my back and head, which dirted all my cloaths; I then retreated behind the coach, and drew their attention to me, and the coach got on from them, and I believe that same mob never came up to the coach again, till we got to Guildhall, and we passed on quietly till then; there we found a great number of people in the yard, who were very riotous, and threw out several threats; while I was at the door, and assisting to get the company in several of them said, d - n my lord mayor, for a scoundrel, he has got Wilkes's right, and we will have him out; they abused my lord very grossly, and swore they would get into the hall and fetch him out; I heard more than one, two, or three say so; they said several times, he deserved to be murdered; I expostulated with them, and desired them to be quiet and peaceable, or they would certainly be taken into custody; they said, d - n you, get you gone; what business is it of your's; he deserves to be murdered a pilfering dog. I staid as long as I could, till dinner was going upon table, then I was obliged to attend upon the hustings, to prevent improper people getting on, which is a customary duty; while I was there, one of the gentlemen of the common-council, appointed to keep the door, came and told me some ladies were obstructed, and could not get in; they demanded money of the ladies that were in the coach, to drink Wilkes's health; the ladies had been then, I believe, fifteen minutes in the coach, and the gentlemen of the common-council could not get them out, the mob were so very riotous; this was a little before five, I believe; I do not know precisely the time; I then took two of the mob into custody, and sent them to the Compter; one of them was demanding money, and holding the door in his hand at the time, and said they should not get out till he had money of them to drink Mr. Wilkes's health. I took the two prisoners to the Compter; when I came back, the mob was still increasing, and grew more outrageous; they then began to pull down the temporary building before the door; they every now and then pulled a board off, till at last they took it into their head to break every lamp in Guildhall-yard; they not only broke the lamps that were put up for the present time, but every lamp round the yard; they threw in a vast number of stones, so that several of the constables were very much hurt, and they pelted them with stones in such a manner that they were obliged to retire. One of the constables now lies at the point of death, he is one of the constables of Alderman Hallifax's ward, who lives in Barbican, they knocked him down, and then trampled him almost to death; he has never been able to walk since.

A spectator. He is here.

Gates. He has been ill ever since, and the other day, when he was summoned upon duty, he could not attend on account of that illness; I do not know how he may be now. There is another had almost all his fingers beat off; he has been under surgeon Sharp's hands ever since. After that they grew so extremely riotous, that my Lord Mayor was under the necessity of sending for the Artillery Company.

Q. Did you see them do any thing with the constables staffs?

Gates. I saw them take several away; and the constables were not able to stand against them; they were terribly frightened as well as ill used; many of them did run away without having any real damage done to them. When the Artillery Company came, the mob thought it was the Guards, and they all run away; I believe it was clear for two or three minutes; when they found it was only the Artillery Company they came back, and said,

"It is only the Artillery Company," and they used the Artillery Company very ill; they threw a great number of stones in at the gate into the hall itself, very large stones; there are some of them there; the Sheriff himself went to the window of the Irish chamber to expostulate with them; there is a chamber that is called the Irish chamber, which looks into Guildhall-yard, on the right side of the gate, as you go in; the Sheriff went there, and they threw stones at him in such quantities that he could not stand to speak to them, and was obliged to retreat; the Sheriff went out once or twice to speak to them: while he was out they treated him respectfully, but when he came into the hall they continued the riot.

Q. Do you know of any boards being thrown?

Gates. Yes; some were thrown into the porch of the hall, and others burnt; they threw in a vast quantity of stones; some had stones in their pockets.

Q. Did you see any fire made?

Gates. Yes; I saw some of the boards carried and laid upon the fire. I went out once or twice to get the constables, in order to surround them if we could; I called in at the Crown, a public-house, and found fifteen or twenty constables there; I got them to go with me through Blackwell-hall into the yard; when we came into the yard they all deserted me but two or three; we went to the fire; they were laying the boards they had pulled down upon it; we were not able to take any of them; one time we did take two of them, but the grand jury thought proper to acquit them. I saw several boards laid upon the fire that came from the temporary building, and several rims of the lamps which were of tin I believe; and I saw them lay one or two of the constables slaves upon the fire.

Q. Did you see the engine?

Gates. It was not there at that time.

Q. Did you hear any thing said among them at first of their having come too late?

Gates. Yes; that was soon after we arrived at Guildhall, one said to three or four more of them, d - n him, we are too late, he has flung us; meaning, I suppose, that my Lord Mayor had got to Guildhall before the time they supposed he would get there.

Q. Did they say what they would do at that time?

Gates. I do not recollect what they said; they did say something more, but I do not recollect the words.

Q. What did you say they said he deserved?

Gates. They said he deserved to be murdered, and they would have him out of the hall; they would have all the scoundrels out.

Q. What time did they disperse?

Gates. They dispersed several times and came back again.

Q. How long did they continue that?

Gates. Till very near two o'clock.

Q. Did you see any thing of the prisoner among this assembly so met together?

Gates. Yes, I did; I first saw him soon after my Lord Mayor came in; he had a sort of a waggoner's frock on; I saw him several times foremost in the mob, but I did not see him do any thing in particular.

Q. Then all that you can speak of him is, that when these violences were committed he was foremost in the mob?

Gates. He was foremost in the mob; I will tell you how they do, they push people on so that though they push you down, you would not suppose the man next to you did it with design, but the hindermost people push them on.

Q. Was he joining with the rest?

Gates. Yes, he stopped the passage up; I admonished him to be gone.

Q. Did he make any answer to it?

Gates. No, he laughed.

Cross Examination.

Q. He said nothing uncivil to you?

Gates. No.

Counsel. You did not see him do any thing in particular?

Q. from the Jury. You do not say he behaved riotously?

Gates. He joined in stopping up the passage to the gate.

John Barton .

Q. You are a constable I believe?

Barton. Yes; I was employed by the city marshal, on the 9th of November, in Guildhall, to attend as a constable.

Q. Did you endeavour to appease the mob and prevent a riot?

Barton. Yes, as much as lay in my power.

Q. Did the other constables?

Barton. Yes.

Q. How many constables might there be?

Barton. About twenty stationed in the hall; I was one of them at the time the mob broke open the iron gate; I had my long staff with which I kept shoving them away; they seized hold of my staff, drew my hand to the gate, and with a bludgeon they smashed these two fingers ( shewing them to the court.)

Q. Did you see any constables assaulted?

Barton. Yes; I saw several hit with stones.

Q. Did they endeavour to surpless this riot?

Barton. Yes, they did as much as they could.

Q. Was it possible for them to do it?

Barton. No.

Q. Did you see any other hurt?

Barton. I saw them hit with stones.

Q. Such stones as them?

Barton. Yes; one of the tin lamps was thrown over the gate, and cut me very much upon the eye; it was very near hitting deputy Judd.

Cross Examination.

Q. Was you perfectly sober at this time?

Barton. Yes, I was sober all day.

Q. You are positive you was sober?

Barton. Yes; I believe several gentlemen of the common council are sensible I was as sober as I am now.

William Clarke . I am a constable of Cripplegate ward; I had a precept to attend at Guildhall, on the 9th of November; I was over-against Blackwell hall from four o'clock till near nine; the mob grew so great that they threw my staff down, and myself, and my hat was knocked off; I got into the porch at the risk of my life, and there I staid till the Artillery Company came; when they came I got into the hall, and there I staid till between three and four o'clock.

Cross Examination.

Q. You was knocked down?

Clarke. Yes, and this finger was almost tore off.

Counsel for the prosecution. You was never in a worse riot I believe?

Clarke. No never; there was no such thing as withstanding them.

Stephen Stratford .

Q. Do you know the prisoner at the bar?

Stratford. I do very well.

Q. You attended at Guildhall?

Stratford. I did by desire of Mr. Gates, the marshal.

Q. Did you attended as assistant to Mr. Gates?

Stratford. I did.

Q. At what time did you first see the defendant there.

Stratford. About half after five. If you will let me, I will tell you: about half after five, that gentleman (Mr. Lawrence) was with great difficulty trying to get the people into the hall; they put him at a great distance off to get them in; I tried to keep the way open as well as I could, with the help of a good many others; they interrupted him in such a manner, that he could not get the company in; at last it began to grow darkish; then they took the staff out of my hand, that I borrowed for the purpose.

Q. Who took it?

Stratford. I do not pretend to say the prisoner; one of them said, d - n him, knock him down; so I thought it the best way to resign it; they took it and went away with it; then I thought I would do what lay in my power to keep the way open. About half after five, I will not say within a quarter of an hour one way or other, there were a great many people upon the portico, and among them the prisoner at the bar; he had a white frock on, a little round hat, and half boots; he was very remarkable; being in that dress made me take more notice of him than of any other; the people below began pelting with mud and dirt at the people on the top of the portico, and they all intirely left the place; the prisoner came down afterwards; he got up again, and another and he ripped up a board from the covering with their hands; they were only nailed slightly down I imagine; I saw him take that board down, and after that, he ripped up one after another; when one was got up, the rest easily followed; he threw them down; several I did expect would hit the ladies as they came in; they paid no respect to any body below, but throwed them down: after the prisoner had stood there some time with the other man, it began to endanger his standing; he pulled up so many boards, that without being very careful how he walked, he must have tumbled down himself; then he came down, and he and some others got one of the long boards that stand upright, what they call a twelve foot single, and Brocket knocked up what boards he had left with it, one after another. I should first of all have told you, that I saw him breaking the lamps, that were facing the front of this building; he broke them with a stick he had in his hand.

Q. How many lamps did you see him break?

Stratford. I cannot pretend to say, may be half a dozen or a dozen; there were but two or three of them that were so very diligent; then he got one of those boards, held it up an end, and paraded it about the yard, walking in triumph as I thought for what he had done; then he returned with the board in his hand to the windows, by the comptroller's house; he held the board up an end, and threw it against the windows, and so broke them; he drove the board through the windows one after another; after he was tired of that, he and a parcel more drew the boards to the gates that are erected for the day, and they were going to make a fire there to burn the gates as they were standing; but several people and I, as they did not know at that time that I had any business with it, said you may set the house on fire, and so did a great many more; upon that Brocket and the rest drew the boards into the middle of the place; they agreed not to make the fire there; the prisoner took a board and laid it upon a large stone; then he jumped upon it, and broke it into short pieces; at that time the boards were all piled one upon another in the yard; he kept breaking the board into short lenghts; I was as near to him as I am to this gentleman ( within two feet.)

Q. They had no suspicion of you?

Stratford. No; I kept up with him all the while after he had broke the boards into short lengths; he took a knife he had in his pocket and clapped a part of the deal between his legs, that he had broke into short lengths, and ripped it into splinters with his knife; after that he took the splinters, and laid them in a hollow place under the boards; then he got a top of the new watch-house, that is erected by Blackwell-hall; there was a burner a light; the lamp was broke; he took down the burner, and set fire to all the fabric; he left the burner under it; then he came back with some more, and there he was jumping and tearing about.

Counsel for the prisoner. Have you it all wrote down? you may as well read it.

Stratford. I have not got it wrote down.

Counsel for the prosecution. You are desired only to tell the truth.

Stratford. Yes; and I would rather be favourable, if any thing; he got a parcel of stones, he and some others, and threw them through the iron rails into the hall; then he proceeded with a board about the place, he and a great many more; but there was one I thought a great deal worse than him, that beat the poor man, that has been mentioned, upon the head; I thought he must have died instantly; I lifted him upon his legs and he bled sadly.

Q. Did Brocket assist in that?

Stratford. No, he did not. There were several boards that were not taken to the fire; he took them, and run them thro' the iron rails at the gentlemen.

Q. Seeing Brocket so active, did you take particular notice to watch him?

Stratford. I did; the last of it was after he had shoved a board through the gate at the gentlemen, he came out again and got another board, and then a great many gentlemen came out with their swords in their hands, and among them Mr. Sheriff Lewes; the prisoner had got the board set upright upon his knee, and as Mr. Lewes came out, he threw it right at him; he leaned on one side, and missed the blow; Mr. Lewes, directly upon that, swore d - n you, you impudent rascal, or something to that purpose, I would give twenty guineas to take you; the prisoner immediately made on one side, and Mr. Lewes with his sword made a cut across his leg, and he bled terribly.

Q. Do you know whether or not he was concerned in stopping the coaches?

Stratford. No.

Q. When was he taken?

Stratford. The next day.

Q. Where was he taken?

Stratford. In Austin-friars, at work; Patten and I took him that night; after I had seen him behave in that manner, I followed him wherever he went. About eight or before eight, the Artillery Company came; as they came up Blackwell-hall, and the drums were beating, Brocket said, the Guards were coming; I said I suppose they were; says he, I believe I had best go home; I believe you had, says I; I first said, where do you live? he said not far off; I said, are not you Herefordshire? I thought so by his tongue; I said, do you not live in Bishopgate-street? I had seen him I thought with a cart that way; he said yes, he lived at one Mr. Hogden's, at Holloway-mount: we agreed to go home together; I asked him if he would drink any thing; I treated him with a pint of beer in Moorfields; he gave me a direction where he lived; I was not satisfied as to that; I went to his master's the same night and asked if such a person lived with him; he said, yes.

Q. How came he to give you a direction?

Stratford. I said I had a garden, and if he had any rubbish, I would give him a shilling or two a load.

Q. He took you then for one of the mob?

Stratford. Yes, he did; and the next morning I went to Patten; I first told Mr. Morgan, or some of my Lord Mayor's people, and Mr. Gates and they said they should be glad to have him taken; I went to Patten, who is a constable, and he and I went first to his master, to enquire where he was at work; his master was not at home; I saw some carts with his name in Shoreditch; I asked a man where Brocket was at work; they all seemed dubious of telling us; one said he did not work in day time, he worked at night; but at last we traced him from one cart to another, to Austin Friars; his master does work about Houndsditch and that way; we staid about an hour at a public house; while we were drinking there, one of the men came over, and asked us if Brocket was come; we said no; said he there was terrible doings last night at Guildhall; was he there? says Patten; yes, says he, and Brocket has got a terrible wound in the leg that the Sheriff gave him; what, says Patten, was he one of the mob? aye, says the man, and he thought himself very happy to get off.

Q. Did you, when you took Brocket, see whether he had such a wound?

Stratford. Yes; a very bad wound upon his leg; worse than I thought it was; for I stood by and some people there persuaded him to put a chaw of tobacco to it, as he had nothing else: a gentleman there had some tobacco and said it was good for such a thing.

Q. Was the wound in the same place where you saw Mr. Sheriff Lewes wound the man?

Stratford. I saw Mr. Lewes strike him upon the leg, which leg he struck him on I did not see, but I saw it bleed very fast.

Q. This man had such a wound?

Stratford. Yes, he had; it was seen by my Lord Mayor.

Cross Examination.

Q. You was employed by Mr. Gates as his assistant?

Stratford. Yes.

Q. What did you give up your staff for?

Stratford. Because three or four of them laid hold of it.

Q. Where was Gates at this time?

Stratford. In the hall.

Q. How long did this man stay?

Stratford. Till about eight o'clock. I went then with him as far as the Green Dragon in Moorfields; where we drank a pint of beer, and I had a direction wrote at the bar where he lived; then I came back again and staid till two o'clock.

Q. During the time he was there was not Mr. Gates out?

Stratford. Yes, two or three times.

Q. You are certain this was the man?

Stratford. Yes; I should be very sorry to say it if I was not sure of it.

Q. You heard the Sheriff offer twenty guineas for taking one of them?

Stratford. He did say so, but I had no thoughts he meant to give it when he said so.

Q. And that run in your head though you had your doubts about you; you thought of the twenty guineas that were promised?

Stratford. No, I did not.

Q. Did Mr. Gates hire you for that day?

Stratford. Yes.

Q. Upon your oath?

Stratford. Yes, he did.

Q. What was he to give you?

Stratford. I thought he was a man of honour and would give me what was customary; I had heard a crown.

Q. And you was hired on the 9th?

Stratford. Yes.

Q. Not on the day after to give this account here; who was by when you was hired?

Stratford. Three or four people.

Q. Do you know their names?

Stratford. One Jolley, a porter, was there.

Q. Was you hired to keep the peace?

Stratford. Yes; to keep the place open for the gentlemen and ladies to come into the hall.

Q. And you swear that?

Stratford. Yes.

Q. You said you followed the man home?

Stratford. I followed him to this house; I did not say home nor meant so.

Q. You said you went like two friends, arm in arm to the public house.

Stratford. We went like two friends, not arm in arm.

Counsel. That is not dogging a man home.

Stratford. I went with him there.

Q. You told him you had a little garden?

Stratford. Yes.

Q. Did you tell him it was a window garden or what?

Stratford. No; I have had a garden and have got one now.

Q. So this fellow was dressed a little remarkably?

Stratford. Yes; he was so remarkable he gave Mr. Gates a good punch on the head.

Q. Mr. Gates does not remember that, though he has a pretty good memory.

Stratford. I remember it thoroughly.

Michael Wood . I saw Brocket pull down several boards at Guildhall, between five and six o'clock, and heave them through the iron gate at the gentlemen; and I saw him stop several coaches, and some times he hissed, and some times hollow'd; that was all I saw him do.

Q. Did you see any lamps broke?

Wood. No.

Q. How long was you there?

Wood. From five till eight.

Counsel. Tell the court what you saw done in that mob.

Wood. I saw several people pull down the boards, but Brocket in particular.

Q. Did you see him do any thing with the boards when they were pulled down?

Wood. No; I was pushed about I could not see.

Q. Did you observe there was a fire made?

Wood. Yes; but I was at a distance.

Q. Why?

Wood. Because I got several blows over my head.

Q. Where any stones thrown?

Wood. Yes, several.

Q. Did you see any lamps broke?

Wood. I saw them when they were broke; I did not see them broke.

Q. How many do you judge were the head of these people that were active?

Wood. I take it about thirty.

Q. Thirty leaders; do you look upon Brocket to be a leader.

Wood. I saw him one of the head.

Stratford again.

Court. In part of your evidence you said you saw the prisoner throw a board towards Mr. Sheriff Lewes, and you say Mr. Lewes cut him.

Stratford. Yes.

Court. That several people came out, when Mr. Sheriff Lewes came out, with swords.

Straford. Yes.

Q. How many had swords?

Stratford. A great many.

Court. And Mr. Sheriff Lewes swore, and said he would give twenty guineas to find the man?

Stratford. Not to find the man; but to take that villain or blackguard, or whatever the words were.

Court. Was the gentleman that uttered these expressions the person that cut his leg?

Stratford. Yes; I am as sure of it as I can be.

Court. Are you sure it was Mr. Sheriff Lewes that said that?

Stratford. I am pretty sure it was.

Mr. Sheriff Lewes. I beg your pardon, I would ask you one question: Do you know Sheriff Lewes?

Stratford. Yes, Sir; I know you.

Q. What dress was I in that night? I must have recollected if I had cut any body upon the leg, I who did the act must know it as well as you.

Stratford. I cannot recollect the dress you had on, I believe white and gold.

Mr. Sheriff Lewis. I do not recollect striking any body.

Stratford. When you first came up, they began to come round you, and hollowed out, Lewis for ever: a good many said, Don't hurt him; I heard you or somebody say, I don't know my friends from my foes, and I desire you all to stand off; at that time this chap came up.

Mr. Sheriff Lewes. And that in consequence of that I made use of my sword, and cut him across the leg.

Stratford. Yes; you had the sword in your hand, and did it back handed; you leaned on one side when the board was thrown at you?

Mr. Sheriff Lewes. The board missed me?

Stratford. Yes.

Mr. Sheriff Lewes. I do not recollect this; I recollect I was struck by a board; I do not recollect making use of my sword; I fancy he is mistaken.

Counsel for the Prosecution. There were several gentlemen with swords.

Mr. Sheriff Lewes. Yes, a great number; here is a gentleman that was present at that very time.

Counsel for the Prosecution. Had you your sword?

Mr. Sheriff Lewes. Yes, I believe it was drawn; I made no use of it; this is the first time I ever heard of it; if I had done the act it must be known to myself; I remember being struck with a board, but I remember nothing of what he says now.

Counsel for the prosecution. Perhaps in dodging back you might hit him with your sword without perceiving it.

Mr. Alderman Rossiter. I beg pardon, if the Sheriff is examined it must be upon oath.

Mr. Sheriff Lewes. I was only cross examining the man, that the truth may come out; if I had done the act that is charged against me, it is probable that I must have recollected it; now this is the first time I have ever heard of it; if I had touched any body with my sword, I must have known it; I was astonished at hearing it. I would only wish, by way of cross examining the man, that he might apprehend his mistake; and I wished he would identify the person of Sheriff Lewis by describing his dress; now he has described my dress that night.

Mr. Alderman Rossiter. If it is to be taken in evidence, I shall desire to ask a question or two?

Counsel for the prosecution. As to the essential part of the story the man is clear, that Mr. Sheriff Lewes was struck at.

Stratford. I will beg leave to mention one thing: the prisoner himself owned to one of his shop-mates that Mr. Sheriff Lewes cut him; he mentioned it next day to Mr. Patten, at the public house door; this we heard when they thought we knew nothing of what passed; that he had told his shop-mates that Mr. Sheriff Lewes cut him.

Q. Do you remember Brocket's being examined next day before my Lord Mayor? was there such a wound?

Stratford. Yes, and I told it just the same as I do now.

Q. Did you hear Brocket say where he got that would?

Stratford. No, I did not.

Mr. Sheriff Lewes. I beg leave to ask a question or two of that man; upon what part was I supposed to have struck him?

Startford. Upon his leg.

Mr. Sheriff Lewes. With a sword?

Stratford. Yes.

Mr. Sheriff Lewes. Was he brought up to me? how came I took him to be the person that threw the board at me?

Stratford. He ran right up to you, as close as that gentleman that stands by you; after the time that he let the board drop with an intention, as I thought, to hit you; it might or might not; I thought it missed you; I thought you rather lean'd on one side, and the board missed you; if it hit you it was more than I saw.

Mr. Sheriff Lewes. I remember a stick thrown at me; I do not remember a board.

Stratford. I saw a stick thrown at you.

Mr. Sheriff Lewes. And in consequence of his throwing the board at me, you saw me strike him with my sword.

Stratford. Yes; I saw you strike in this manner (describing it) back handed; the sword had a white cockade, or something. I remember, you struck at him back handed; I thought the flat part of the sword hit him; I did not think the edge hit him.

Mr. Sheriff Lewes. Did you see his leg after that?

Stratford. Yes; I followed him to Guildhall-coffee-house; he said I have got my leg much cut.

Mr. Sheriff Lewes. Much cut.

Stratford. Yes, very bad.

Mr. Sheriff Lewes. What was the length of the cut.

Stratford. I did not pretend to remark the length of it.

Mr. Sheriff Lewes. Describe it.

Stratford. The cut was a cross his shin; I can describe it best by the cut in the stocking; it was two inches I believe.

Mr. Sheriff Lewes. Cut deep or how?

Stratford. I cannot tell, it bled.

Mr. Sheriff Lewes. Have you seen it since?

Stratford. No, I have not; he was going to to pull his stocking down before my Lord Mayor; he said you have no occasion to undo your stocking it will make it worse or something; it was then tied round with a handkerchief.

Counsel for the prosecution. Did Brocket say then how he got that wound?

Stratford. He said he got it at the fire by something thrown at him.

Mr. Sheriff Lewes. Where was this man standing at the time?

Stratford. Facing Blackwell-hall gate-way, by the watch-house.

Mr. Sheriff Lewes. Was it at the time I was endeavouring to represent to them the consequence of their behavior?

Stratford. Yes; you was trying to appease them, and there were a good many hollowing out, Lewes for ever; it seemed as if nobody meant to hurt you, and I do still think nobody did mean to hurt you.

Mr. Alderman Rossiter. I want to know from somebody, what dress the Sheriff was in that day, as the Sheriff has not been sworn.

Mr. Sheriff Lewes. I was in white and gold.

Mr. Alderman Rossiter. I should be glad to know of the Sheriff, whether the sword he had in his hand at that time, had a white knot to it.

Mr. Sheriff Lewes. It had.

Counsel for the defendant. A three edge sword, I believe?

Mr. Sheriff Lewes. Yes, the common thrust sort; it is a sword that must cut by way of thrust to do any execution.

John Patten . I am a constable of Cheapward; I was at Guildhall on Lord Mayor's day.

Q. Did you see Brocket there?

Patten. Yes, in Guildhall-yard.

Q. At what hour?

Patten. About half after five, and six, and later then that.

Q. How much latter?

Patten. Till it was turned of eight o'clock.

Q. Did you see him do any thing?

Patten. No, I took him the next day.

Q. Did you hear Brocket say before my Lord Mayor, or at any other time, how he came by the wound?

Patten. Stratford said the Sheriff had cut him.

Q. Did the defendant hear Stratford tell you any thing?

Patten. Yes; the day afterwards we were at the public house door, he, Stratford and I; Stratford said to him, you have got a fine leg; he said, yes, I was cut by the Sheriff.

Q. You heard that?

Patten. Yes, I did; and the cut was upon the right leg across the shin; I did not see it till he pulled down his stocking before my Lord Mayor to shew it; my Lord Mayor would not let him take his handkerchief off.

Q. Had he the same stocking on the next day; was his stocking out?

Patten. I did not see, it was candle light, and he pulled the stocklost down before ever I saw it

Mr. Alderman Rossiter. There is a matter insinuated which I desire to have explained; I would ask the keeper of the gaol of Newgate, whether this man has had the gaol distemper or not?

Mr. Alderman. No, he has not.

Mr. Sheriff Lewes. Has not one that was taken up for the riot had the gaol distemper?

Mr. Alderman. There was one, that has been discharged to day, has been ill a great while; there was no bill found against him.

Mr. Sheriff Lewes. Mr. Recorder, I beg leave to say one word upon the cross examination of the witness just now; I own I felt a surprize when it was first communicated to me, but the man upon a cross examination accompained his evidence with such circumstances -

Mr. Alderman Rossiter. I must beg leave to interrupt the worthy sheriff; he does not constitute a part of the bench; he is no justice of the peace; nor in this commission; I must desire he will be silent upon this occasion; if he has any thing to observe of what he saw of this matter, no man has a higher idea of his honour than I have; but this is a court of judicature, a man cannot speak here unless he is upon his oath.

Mr. Recorder. If the court appears to be under a mistake about a fact any gentleman present may suggest a fact as an amicus curia.

Mr. Sheriff Lewes. In that point I meant to suggest an observation; as it affects myself particularly, I have a right so to do; when I received the information first of all, what this witness said respecting my having cut this man upon the leg, I felt, I own, some surprize, because I did not recollect the circumstance -

Counsel for the prosecution. If Mr. Sheriff Lewes means to go into a relation of facts within his own knowledge, that certainly should be evidence.

Mr. Recorder. If Mr. Sheriff Lewes is going to give any assistance to the memory of the court, he may do it; every by-stander has a right to do it.

Mr. Sheriff Lewes. I do not mean that any thing which falls from me should go in the least to the disparagment of the evidence: I own at the first communication of it I felt a surprice; I did not recollect the least circumstance of it, of my having cut this man across the leg; and for that very reason, I wished to cross examine the man, respecting the identity of my person, whether he was certain that I was the man that did it; the witness seemed to accompany it with these circumstances, that I own, tho' I did not recollect it at the time, I am inclined to think I did so, and I think likewise, I should justify what I did upon that occasion; and I should hope that if the man did receive a great cut upon his leg, which I should have justified giving, acting as I did officially upon that occasion, insulted as I was, I had a right to do so: I should do so upon any other occasion, and I believe it to be a fact, because it has been accompanied with those circumstances; and upon any future occasion, acting as I did, I should think myself justified in what I did; and I hope the jury will think if the man was cut violently, that, accompanied with his commitment, will be sufficient punnishment.

The prisoner did not call any witnesses.

Acquitted .