Star. — London, England, 1817-01-21 00:00:00

. . • witness, witness cried out, le What do you want I me ? I came to rescue the to m as well as you." ise d those words for h i s own safety. Witness aciper, when the latter to.dc out a pistol iresenteJ it, saying, s I can fire as well as yop." , s s acct np stairs-.in terror. The mob went in l o.nit a qu ater of an ho.tr—or .tea .minutes. iw no more of Cashman or Hooper. - Witness swear to none of the otter prisoners. js s.esamined by Mr. ALLEY.-.:.Witness WAS a inter on Snowhill—had occupation .diout the w .s not a Sheriff's officer, blit ensployed when the Court in his own right. He had lived with f u rrier called Mtrquis abopt.twelve sears ago, i d not been turned off. He had been mita iiesl at the Mansisr. House, probably three or ;mei a week. burottly when called upon by the Nl,yor. Being Asked if he had ever said that presented a pistol to his breast, at the Man louse, as he now stated? he said he did not. asked when fie first said s.)? he answered, he •ti it Mr. Newman's Office a month ago.—Was tat alter all the public examinations were over ? lie last exaMination WAS not over. r. Ju.tice rasa here alluded to the publication iltopo.itions taken before the Magistrates in Pt.- .pm, ; aad remarkA, that much improper mat way into the newspapers; that by this patties were often prejuiged hi public opinion ill:fir trial, and the Jury - could scarcely be ex cmie to the perform:nice of their duty with 91.1,ds mitcr having read such statements. i s p t:ie Jury, in the present-case, would throw ..r minds every thing they had previouey c, or at itait allow it no influence On their judg- Ile himself had seen the rapers filled with u? ..a the subject, but he had avliided reacting it. I: twugs ought not to be published. qu:stion from Mr. ALLEY, if ever he said .itly 1114 Hooper was the person who presented putul at him witness replied, he never said till thAt Hooper was the person who presented a at him. Being asked if he ever said, in the 2 01 Hooper, that be was the person who slid, 1.111.tv mel follow me !" he answered, No. Being ' it there was any reward expected ? he said he of none—he knciv only of a reward offered for ipprel.ensinn of the person who shot Ms. Platt. Jug,ce PANK. -There is no reward what. ; theresure, don't let it be supposed there is." Joseph Dynan is a boot•m9ker, 5, George-yard, lie saw a great mob on the 2J of De. 1 at Mr. Beckwith's; they had Hags ; they were roes. S twr Cashman there, as likesstis.: Carperi- D.j not see how the windows were broken. CaJonan enter the shop, and bring out fowling. to ote number of four. te came out with them, and gave them to the •at the door, saying, " here, here I" He then in, and brought out three more, and kept one umielf. Witness saw C irpenter when the mob 'lg away, with two pistols, one a large, and • a small one. The prisoner WAS brandish, pivots in his hands. ;roes•-examined by Mr. Cuttwooo.—Denied his ing said to a woman; " Come and see the tun." never wis!ied the mob success, nor said they were , cowards not to have gone to . Carlion-house. never said to the woman that there was a rewind 30 guineas for apprehending any of the mob, and at he could find two of them. Ke-es mined by Mr. BOLLAND.—Said, that a wo slcai him to look " after ber husband, as, if was any thing desperate, he would be in it."— r,•and told her that he did not see her bus. , but that he knew two of the rioters : there no rtward offered at that time: the two persons alluded as being in the mob were not John Middleton is a wholesale stat7onth residing ,treat. On the ,2d of December he ob .: motions of the mob, and SAW them pass to neckwith ) s I witness's house is twelve doors from heard a report of fire-arms at Mr. linkwith's, came opposite witness's house he oh them, and could depose most certainly to the I of Hooper. This prisoner was conversing the man that carried the flag, and witness con . he was directing the motions of the mob : saw two - three minutes in the mob. He wore a .. cockade ; the Bag was also tri-coloured, letters. The prisoner had something in his appeared to be directing the persons about The mob after that appeared to go towards City, giving a shout, and carrying the flag. identified was near the flag. The flag was produced, Identified by the witness; it bad en it the in so often mentioned— " Nature to feed the /angry " Justice to punish crimes • " Truth to protect them:reseed"' letters composing these words were gilt. The 14ell was pretiy large, and made of silk of three -s, of red, white, and green, remarkably taste 41:d elegant. Witless saw the windows of Mr. Anti's shop broken, and the muskets taken oat wn.dows were broken with the muskets which handed out. He had no doubt that he saw passing along with the mob. 'ph Page deposed, that,:being a dramas, he 111 Warwick-lane, leading into Newgate-street, two o'clock on the 2d of December. He knew I, had known him for six years s saw him in ite-street on the day of the riots, with a gun in in the midst of a great number of other He was going down to Cheapside : tbe meb flax. Gunnel was a lame man, but ivitness • know that he used a broomstick as a staff. hi-examined.—Said, that he never said the per the musket was not Gunnel. Had never d . scharged from his master. J.tmes Shaw (who, as a Magistrate, was on the deposed, on the 2d of December be went to In:ion-House : saw the mob first on the north the Royal Exehatie, between that and Thread •street : they had a flag with them. Witness the flag and the bearer with his own bend.— ' Mayor and he dispersed the mobnt that - El% was attached to a long pole. He the pole marked. Levy is a City Constable, and was so on December last: Witness was on duty 'on at the Royal Exchange, where be saw Cash , the mob, with a gun. He took him, and the gun to Daniel' CartwAigkC. • It .Wll. nulled in his presence, and was loaded wilb powder and shot. Daniel Cartwright, a Marsh 41 nab, saw Caihmart arnong.tbe mob at the Royal Exchange, with a gun (witness then produced the gun to the Cont.) It WAS InAdA wit!► small shot and primed. Levy took it from Cashman, and di l►vered it to the witness, who said to Cashman, " ' nitre is plenty here." Cub n►au replied, 1 know 01.4 ; I brought it on purpose to kill or be killed." Mr. Beckwith WAS then called; and said, that 'he believed the guli was in his shop on the 2d of De cember, but could not swear to it... He had eight or of that des et iption, with the name of Twigge on them, and they were stolen on that day. Abraham Samuels reclgnizeir the prisoner Gamble as one of the persons who were am ,ng the mob on the 2d of December. He saw him near the Royal Exchange, with a gun across his shoulder, and he ap pedred to be very busy among them. .• .1:)!In Gough, an officer hJoliging to the Police Office in Union-street, apprehended Gamble at two o'clock on the '2d oranettibt•r, in Queen•street, in the B.rough : he then had a gun under his arm, which witness took and gave to John May. Witness observed that 13amble's lace was black, and asked him where he gut the gun ? He said he picked it up in Skinner-street. It was a dirty day, and the but-end of the gun was dirty, but not the stock. John May then produced the gun, which was de livered to him by the last witness. Mr. Beckwith said, it stood in the east window or his shop on the morning of the 2d of December, when he went out : he had no doubt it was one of his guns. It was worth 14 guineas. John Roberts being again called, proved that the gun produced was in the east window on the day in question. Mr. Beckwith said he knew that gun particularly, from having sold it to a gentleman of the name of Lee. for whom it was too heavy, and he afterwards exchanged it. Thomas Fi lend, an officer, produced a pistol, which he received on the 6th of December from Mr. Hill, a pawnbroker's servant in the Borough. He appre hended the prisoner Carpenter on that do', and had had the pistol in his possession ever since. Matthew William Hill, servarx to Mr. Wiliis,snid, that the pistol was offered to him for pledge by Eli zabeth Owen. He stopped the pistol and toe person, iml Then sent for Friend. Elizabeth Owen examined the pistol, and said it WAS the same which she took to the pawnbroker's.— She had it from Carpenter, whit told her to pledge it. Mr. Beckwith believed the pistol produced to be his property. He bought two pair of pistols at Mr. Mottimer's sale in Fleet-street. It was called the common duelling pistol, and he had the fellow to it at home he had received it from the Lord Mayor. One of the other pair was also stolen on the 2d of Deibember. John Roberts was sent for the fellow pistol to the one produced, and Mr. Beckwith identified it. Mr. John Hodgetts. of Paternoster-row, was near the north door ofahe Eichange on the 2d of Decem ber. He saw the flag which had been produced in Sir J. Shaw's hands. Fitness sprang forward to seize some one of the mob, and seized Hower. Un der his coat he found a brace of pistols. Witness tried one immediately, and found it was charged : he drew the wadding, and struck it on the ground, when the ball fell out. _ _ Mr. GURNEY here rose, and observed, that Hooper was armed with a brace of pistols, but they were not Mr. Beckwith's. Mr. Vincent (Jen. Dowhag stated, that on the morning of the 2d of December ke was in Spa-fields, where he saw a mob assembled round a waggon, The prisoner Hooper was standing the waggon, from which two tricoloured fl ►gs were displayed : die one produced *as one of them. He saw the mob quit that spot and go towards Coppice•row ; the Hags and a banner were carried with them. When they quitted the waggon Hooper took the lead, but witness did not see Hooper cat rying the flag. The flags were carried by men in sailors' dresses, and Hooper walked by their side. When they arrived at Coppice-row, witness saw Mr. Stafford and some of the Officers, who made a rush to seize the flags. Mr. Stafford took one of them, and the banner; the other flag was carried on. John Limbrick, an officer of the police, in Hatton garden, was stationed in Coppice-row on the day in question. About eleven o'clock he saw several per sons in a waggon, and a great number round it.— Cashman and Hooper were in it ; the former had a tri-coloured flag, the latter a tri-coloured cockade in his hat. Another man, not in custody, had a banner, which was produced, and upon which was written— " The brave soldiers are our friends, treat them kindly." Witness returned to his station, and saw Mr. Stafford engaged with the mob, and crying out for help: he was trying to pull down a flag. Witness jumped up and tore down one of the flags. Hooper was present, and resisted witness, and rescued a man from him. Edward Gootsby. a constable of the parish of St. Andrew, Holborn, was in Spa-fields on the 2d of. December ; he saw Hooper and Cashman in a wag. gon. He was afterwards at Coppice.row, and saw them there again with the mob. Cashman held one of the colours in his hands. Mr. Stafford called oat for help, and witness went to assist him. He saw Hooper with a tri-coloured cockade when the mob were re: fisting Mr. Stafford. Frederick Windermure, of the Horse Ferry-road, Westminster, steed, that on the 27th of November a person called on him and• hired a waggon. On Sun day evening, December Ist, Hooper and the former prison called on him again, and he received direc tions from both where to go on the following morn ing. They desired him to be, at half-past nine o'clock, at the top of Chancery-lane, in Holborn.— He was there as near to that time as possible, when Hooper and another person came to him. They put something into his waggen ; there were two or three poles wrapped in blankets, which he afterwards found to be colours. They also put ins small parcel, which he afterwards discovered to Fontein bullets, .a can of gunpowder, and bits of lead. He proceeded towards Spa-fields. and Hooper rode in the waggon. Hooper was in the waggon while the mob was there, and held one of the colours in his hand : he then promised witness more money for the hire: Cashman was in the front of the waggon with die other , oulourik-r They went away with the mob, and left witness with • the waggon. He afterwards . delivered the ballets and pow9er to a police officer. • James Collmore, the officer, produced from sixty to sine hundred bullets, and about a pound of gun powder, which he received from tle 1 ist witness. - Tn . is was the case on the part of the prosecution. Mr. ALLEY then rose, and submitted to the Court, that the Learned Counsel for the Crown had mis taken the prep:r c.etrse of proceeding on this occa sion. It was a rated and se!:led principle 01 ;he com mon law, that a man shoull not be tried tw ice for the same offence. New, a crime of a given de*rip tion might be merged in another of greater m Teo tude ; and, therefore, if he pr ived the offence with which the prisoners were charged was net that which they had committed, but one of an inferior nature, he apprehended that the present indictment could not be sustained.—[Here a great tumult was heard in the Court-yard. The noise appeared to arise from several parsons engaged in a contest, and contending with bludgeons, which were struck against each other. The pr , ceediogs of the Court were intmediately sus pended, and the greatest uneasinc.s prevailed. The general opinion was, that sortie pets-its withoat were attempting to rescue d.c prisoners ; hut, in a short time, an oriicer informed the Ler d Mayor, that the d•sturbance was' occasioaed by a hilloce having entered the yard. His Lordship communicated Ctrs tact to the Judges, and as soon as the noise had ceased, Mr. ArLee continued his speech.]---- —lt had been held in the case of John Swan and beth Jeffreys, who were indicted for the marder ai Jeffreys, and against whom, before Co. trial, another bill was afterwards preferred for the pasts they respectively took in the same murder, charging Swan with petty treason, and Jeffreys with murder ; in this case it was decided, that as entertain arraign was no plea, the prisoners ought not to be exposed to the in convenience of undergoing two trials for one and the same fact. In that case, therefore, the first indictment was quashed, and the Conrt proceeded to the trial of the prisoners on the second indict ment. —( Foster's Re post, 101.) In the present case, the Learned Counsel contended, that the offence was wrongly charted, and that the prisoners ought to have been indicted for high treason. The conduct of the prisoners, as it appeared in evidence, clearly amcunted to an ()act t act of high treason. The mob had oirginally assembled with en signs of sedition : they had concluded their proceed ings at Spafields. and then went to Mr. Beckwith's. It could nut be forgotten, that sty were provided with ammunition before they reached his !loose; but when they arrived there, they toult away arms, and some sorts of ammunition, and with these im plements of war they proceeded in a regular body through the city, as far as the Royal Exchange.— Now, it was laid down by Mr. Justine Foster, (tall), that all insurrections are distinct species of high tree ison. Insurrections, says he, f.rr redressing national grievances, or for the reformation of real or imaginary I evils of a public nature, and in which the insurgents have no special interest : risings to effect these ends! by force and numbers, are, by construction of law, within the clause of levying war, and unquestionably are high treason. When the Learned Counsel put a l l question to a witness as to the object of the mob, one of their Lordships' (Mr. Justice Park) stopped him; but he trusted there was still evidence enough to make it clear that the object was not to commit a felony, but neither more nor less than high treason. It, therefore, the prisoners were acquitted upon this indictment to-day, they might be prosecuted by the King's Attorney General to-morrow. He did not mean to say, that if / man took away another man's •property, it was not felony. The ancient detente was, however, that the taking away was not lan-ri recta; but a conviction might take place, although we could :tot explain the real motive. He submitted, iron ever, that toe offence of the prisoner s WAS sit a dif ferent descripti-in tram that with whist, they were charged. Mr. Foster, after speaking of the ease of petit treason and murder in Swan's care, says— ,, I think, it the prosecutor be apprised of the true state of the case, Ise ought to adapt the indictment to. the truth of the CASt." The Learned Counsel therefore con tended, that, in this case, the Counsel fur the prose cution should not have framed All indictment which might subject the prisoners. if acquitted, to be indic ted again. Why were they, he repeated, to be ac quitted to-day for felony, and then proceeded against for treason r The prisoners had not the same benefit under this indictment as they would have had on an indictment for high treason. On an indict ment for high treason, they would have the right of peremptorily challenging 35 of the Jury, and of being assisted by the speeches of Counsel ; whereas in an indictment for felony they were deprived of those advantages. There could be no doubt, how. ever, that they had levied war to redress either real or imaginary public grievances, and. therefore. should hare been indicted for high treason, and not for fe lony, in breaking open Mr. Beckwith's house, and taking away his property. Mr. Cunwooo followed on the'aame side, and sub. mitted that by the second clause of the 25th of Ed ward 111. the . acts which had been proved against the prisoners were in their nature treasonable, and there fore, in his opinion, they ought to have been indicted for treason upon the grounds stated by his Learned Friend, Mr. Alley. He took it to be a clear prin ciple of the law of England, that no man should be tried twice for the same offence. If the conduct of the..prisoners would constitute high treason, - they ought to have been indicted for that oMnce, and not for a lesser crime. It they had been indicted for high treason, they. would have had several advan tages, of which • they were now depraved. .Did .the. facts which had been proved against., them aquwnt to high treason ? The second c:a i pie of the 25th ,of Edward the Tbird,embraced the case of keying war against the King's a uthority, precisely in the - manner in which the prisoners had acted on• this oecasien.• The robbing of gun-makers, and the. banners they carried, was the object of redressing yell or tnocied grievances. Mr. Justice Foster, in his Ist Discourse; expressly said, that it . persons meet together upoli account of some private quarrel) or to take teverige on pertitular persons, the statute of treasons hitch already determined that point in favour of the sub- ; ject. So a rising of weavers to destroy all engine looms, machines which enabled those Of the trade who made use et them, to undersell those who had them not, did not amount to levying war within the statute. — But every insurrection which in judgment of law was intended against the person of the King. be it too de throne or imprison biro, oroblige him to alter his • measures cf Government, or to remove evil Coun sel_ lees from about him—these risings Al amount to le vying war within the statute, whether attended with the pomp and circumstances of open wir o mt..— Now, taking the circumstances of this cast into con sideration, was it nor r , bviotis that they ainorint-d to high treason ? There was no doubt th it these men had levied war to redress public grievances ; and, theretore, they should have been indicusd for treason, more especially as they could not, it actr't ed under the present indictment, plead it in bar to au indict , merit for high treason. Mr. GURNICY was about to reply, when Mr. JlStiCe PA UK ilbg..rved, that he (\lr. Gitrney) need last give hon.elt the trouble, as toe Court were of opinion that there was no foundation for the ohjee. tion, that the prisoners ought to have b en tried for .high treason. There was A question why ti had been fairly broviit for the decision of the Jury—whether certain acts had been committed by the prisoners or not ? Th e p-;,,nners were then called on separately for their defence. Cashman declare %, thlt on the morning of the riot, he had been to the Lon.lon H ispital to Lee a sick man, and then went to Rosmnary-:ane to get his breaklast. He altiltv w..nt with a letter to Ad miral Martin's !lonie at tile Aimiralty, and delivered it to a Gentleman, s. ho looked at it. As he was re turning home, he s tsv a mob near St. Paul's ; the people were running along, but he did not join in any of the excesses which thi committed. He had no witnesses to call to confirm this statement ; but Tho mas Geary, a sailor, deposed, that he had known him eight or nine years, and considered him a very honest man. Hooper was nert called on for his defence, and thus addressed the Court : " My Lords and Gentlemen of the Jury—After having been three weeks in custidy, no evidence of any serious nature conld be produced against m?, and I was admitted to hail. I now :Ind ih.it there is a most frightful evidence brought •gaiiiat me, and that too for a mist heinous offence. Griffin, Wm has given hit testimony bete to•d4y, saw me frequently at the Mans,.n during the fete investigations; he often looked me lull in the face, and yet he nevi'. said a word of what he has tl►is day sworn. Lyd)ard also had opportunities of seeing me. Lie did are me several times, and yet he did not seem to know any thing about me. I am, therelte, my Llrds, quite • unprepared to enter on my &fence on sn Sudden an accusation, nor have I tliow friends here whose evi. dence might be useful to me nn the present occasion, and whom I could leave procured, it a longer time of preparation 'had been granted to me. As to what has been sad about c Titus, my Lords, I did nt•t couch them. f wore, I admit, a cockade in my hat, ati.d was with some of the cnt►vd, but my elij, c t was r:ot to commit any outrage. I wished to go into the City to the Lord Mayor, to request him to keep the pedple within bounds, for I myself did . all 1 could to pie. • acne order." He then produced Alexander Harding, a carver and gilder in Westntinsttr. This witness knew pri soner eight years, but knew nothing of him for the last two ye.trs. While he was in the habit of seehtg . him he used to conduct himself as, and had the elm- racier of an honest man. . . John Bennett, a shoe-maker in Soho, was next called. He knew Hoop.fr from five to seven years ; used to work as a ewe maker with this witness times; always bore the character of an honest and ' industrious man. Gamble, who was next called on for his defence, thus addressed the Cow t : ‘. My Lords—Ott thr 'A of I)ce,ml,-..r I went (pi • to lo - k for work, but c..01d get nom; on my 'coin( I heard that there was a meeting at Spaaie4ls, and I went up to see what was going on, ;1 , ,t1 to try wile titer any thing would b.: propu%:-.1 for the good 4,f the people. When I got to Sp. lid its Ow v id, so crowded that I cool I not move, and di.l not heai a word of what was said. I the 4 returned. And in • my way pass-d this. igh Skintrer-street, wPete I saw a great crowd, amid when- I picked tip a gins which had bcea :brown out of tome pi...soil's hand on the ground; hut I made no had use whatever of it, and only wished to keep it tot its value, nut to du any injury with it." Several persons were called, who gave the prisoner • an excellent character, some of them knowing hint from his infancy. Carpenter, in his defence, said he had no know- • ledge whatever of the transaction, and was at bogie that day by half•past one.—He called nu witneises tb his character. Mr. Justice PARK then addressed the Jury to the following effect :—Gentlemen of the Jury, the five prisoners at the bar stand indicted' for feloniously en. tering in, and carrying away, a vast quantity cif arms from the shop of Mr. Beckwith, in the parish of Si. Sepulchre, in this mttrop-lis, and puttieg certain p ersons Who were in 1 4 b.! ify in bodily fear. Tfiti indictment, Gentlemen, is 'flooded on a... 2 Act of Witham 111. by wh•ch it is to lite a captial iitfroce for any peiton to enter 'n LI taelliogliotise in the daf time, a nd eirry off properly, provided the own, r, the persons present - in that fibula, have beets put in ♦odily to t. At the same time, it is by no means 9119611.41 i that - the owner himself should be Present, 'at if prisent, that he should be put in bodily teat, as tbp law d.-eMs it sufficient that one individual halt -beets alarmed, and put in fear. and therefore the .Charge of a capital natuie is thtee:by made out.— Yod may; therefore, rattly thsteiss tram your minds Any aPprefiention on thus head, as this 1-can assure ,va iS the law. A' vast variety of circumstances . 11alie - this day, in this particular case, been brought kisroft you, with it view to chew that the prisoners at "it} were all concurring in unlawt e l an d ill egal , and acting on one general concert. You al to constitute the cr i m e f or w hi c h t h e been repeatedly told so, that it having icted, that All an t i eac h o f t h e m p r i s e r. a ins ci .oo y iti enkrenscciesscstsa,aiirdy i i n d icted, should have been within the piecincts of Mr. Beck with's skip. The law, Gentlemen, deems it quite sufficient to constitute a capital charge, that the pri ' boners should have been present, though not in the shop, that, I say, they should have been present tiding, abetting, and conifor.ing ea:h nther, even ihouxn individually unknown 141 each 011itir.s . It is not necessary they should a:1 be in the shop; be cause ilyoo are satisfied on the eeideace which-haa *an laid before you, that they who were on tbe . 044. side acted in concert with those who Were idside, she : ir d witness,' me ? I car 1, used those ened resented it • :!) ,;s teat I ,a in :shoot no ISIOf s mmi tO Cr,:ss.eseinin on Sn • ,s not • U t Coati -riorn..: call h T.ilied At ti r 1;01.:1 awe j ,yor. present House, as 1. 5 - asked wf >o et Mr. I t wat alter a .1; the lest Cl Justice I the th•pnaish , . reports; l'a W ;s parties ‘I th;:ir tit. to Cline 91•14 d CAI:, of of iel 1.1. tic Liu - o ?ai the s •c::taings ou TJ a (Fat. blirly that Owl at his that Hao plat him. e of fit Maw me! d, it there w of none- appref ensi. Mr. Just.ce er ; the r tc!.iii Joseph llyn Ho tuber et Mr. umerons. S r. D.d not aw Ca.hnien ;eces to cute He came u tple at the eat in, and r himself. as going aw other a at the pistols UMW-CUM tying said ti 'e never wis y cowai e tiever saic 50 guineas At he could Re-es •mine an d sa•ed h .ere was any .e went•and ad, but tha s no rcwarc . whom he a .prehended. John Middl Skinner-str, red the ma . Beckwith : he heard d the mob I ed them, non of HI ith the man ered he via re two or tl .coloured lb gilt lette J, and api The a City, Bit ooper was Identified ptioss so al The letters itself was ~ ars, of to , ai:d elegy st wit,dows e handed 'Per passi ~v l3ll p al in Wars et two Uhl anel, had gate-stye land, i n pie. H e flag. not know with the d.seh asi 'r lanes c 4 ,) depo Nlaissicn- of the Rt • It -street d the fie Lord M • The 'fied the muel L dot De day a s ti strong the gt .~.ac~s;