Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 26 November 2022), January 1799, trial of DANIEL MACKAWAY (t17990109-41).

DANIEL MACKAWAY, Breaking Peace > wounding, 9th January 1799.

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.

NOT GUILTY .

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