The Sun. — London, England, 1817-01-21 00:00:00

1 - „. . t l'e t'.'041 , 1 noir' 1 Oy . '; he never sail ! Loper .etz - th;littiMai . ; -.i - ..; '. • t'-'-' ; Toll question limn th o I vtlize,.,,n , tticsl,ll. , ., mimic NI nuttouelt a!arturd at the movements of: the . mob,,eieept for his fc.iitily and 'property.' 1 - • llQuirk, S-Criiffitt d e p ose d , • that.be.lires in Ski n ,. t ,lttleet. is a perfauter• ; h e was in Alr.'l3ec4- "''tit's shop, on the 2d of I)ccrtilber ; Abe , fi rst iling lie Oliserved Was the Officer' With l 'a ` poi . I4er. iVitness went for handcuffs : ~t - h e 'shop ; sassafe hen, , ' l ' ll e best thing that, ita,PPened. af litt;t4Lits:lvas Aloe breaking of the ~vindow : it was i rl 'ike9 . by alerson itt . th e driss a a draynian, or cr,e'Yti't setvant, with a broomstick. - He iden' VH(1114)104 the prisoner, .to be the until who St the.tirst, 1.. I After the was i „ ~, tin t ow. 1, . ll t i o olier end CaShinao entered the sho p, if Ni ridg in the street. He saw m tit :„ , .:"I'et's halal in t he Old a g o.llailey,whemite,vetwg r hoticidts : it,_ ) idd an inscription, wltich witness "''l4 nut exactly .recollect. Hooper and Cash• w " l , o tatu e in by the front door. ' Htioper collared c ' i t , r ' h nst and witnes s laid hold cif Ititn in his turn. leli !Hili ' eame n .l and asked what was the matter ka.,lotriteeollared witness, tie heard Hooper hal -1.11,111P1,11. " rolimi, me, follow me," before mice it - i tle 4t that time ' ' P Me the WinNO W wasllot In °hen. tit i L l ,'Y seized Witness, witness cried one, th t ;,' "'Poi Went with me ? I tame 0') rescue furt'i' ll. lS tvril as , you,;',' He used those words , to "tlnsut safety., Witness thteatentA Iloorer, tiv4i",tilti latter took out a pistol and pre ,, ''''t CO ' l ' silt,! ' 1 eatt fire, 33 Well as you.". , ‘Ve!''': :,116 1 P It airs in terror, The !nob „went away 1 . ,1 . 5,,,, y o",clitittlt of an hour, or ten minutes. Ile '.; visit :" I( 're , of Cashm an or l•looper, IVituess c,c,i'tcat-tanone of the, other prisoners„ itto.s'exstainerl •by 'll.. ALLltY.—Wiitiess was tc,l'4l"ll Sitowliiii--litati 110 occrtparion about_ k!„,',utt, was, not ti .Sheriff 's . officer, • but ern ! ~ ..eti ‘ , 111: dt L i i. n "bout the Court in his own right. 11.,,,„ 1 i, ) " v ett with a perl miter called Alarquis, lit ti,,',7 ea rs ago, but had not been, turned .0111 I rif teti 'bee , ',I • t the 111410 ion 7 54,. , „ 1 ,,, , 0 Ixantint,t 41 kil v w r '"oitly dire' or four titnes a week, but 11 !) ( Ittkel H ir c4 11 1 4 .. 1 " . 1 , 11pon by the Lord Nittyor....Biie: leo t ,, ~ - ev er said 'limper prown,e-.:1; ~, sie ' t i ll breast at the Mansion-house, ,as._i i isk ett 4 "6. said 1,,t, slid' n ot , ~ Being.-AsKCA: ki,N, wi rl 't laid F . O, he answere,d, be said 59. 1 9- 1.4 411 i o ff ice a 'month ago. Ai me 1 1 . -tier . •. , all ti„ 11 . . • - were over , i ni t 1,, 4 pti ,lc eXatlllnations 14,3,, !'t 'txamination was, not over,7 • . I '4 111-11ce KIK here „.: .10 tlepositi ii"ttipai;,, , .., sallnded to the publiea- , ous. taken before the Nia'gis- Props, ,„,,- "Torts ; and remarked, that numb 4 Ptt s , f i g`tt't foontl its '.way into the . news'. L iud g (1 . 4 ' 4 by tl,i, means •parties were often .14 Jai . : 'lli ,t'"4 l ic opinion before their trial, and triii,r,.,, coital 1!,,,,rt. e l, Herr r', 4 ! of their ‘- I lie expected to come tektite ; 1. , 91 , 1 ,i tt , r ,. ~, ditty wills uphiassec! minds , 111 ?. .i ll ii , cua tack statements. He boped toe_ , I,,.. tnin ~,e present ease, 'Would throw rant of ii; ), I,,,a,:::iivoe,ri,,thing theYilad previously beard, , I " hiutt el f , '',' no inflaence on their judglneu‘ , sl^"'llte I,"ecti the natters filled with slu g *4l - tilVitet 1 ' . n . ling it. ~ t 11-4 4 ,„ , bit he bad 'avoided. rea d ing ' l '4 4'„," A "ght 110 t t o be• tiblisited. he said, I"l:(l4.y..,t.'lttl'itlittilittfrotti ;kir. A L P LEY, if ever .„., I : 4 ' 4l 'A it Ili,t't,i "oolici. "is the person who ' P' ' tea tt ,:; ll . ti 0ti. 1 );,, t , 1 1 ' . , i ll'i witneis replied, ' he . 77.! i,,11,P1v4,,t.1 , 11 . , ap t ,. w,„ the person who tit t• I k' 1.1., 1i . • rt i t "tlii. Tit. . it'he ever said who N, ,i `"'t . tit ti• ". r, a sked . t e )ersOtt t „ , ~,, •, it t., 111 , „ dip tiff , rh at h e was t 1 3 1 w ,re,l to 3,:i':llig itshe(i i'flV ale , I,IIOW 'me,"; he att „ c t . ~ t t ,,, ", tie k„ t heir , vas any reward .exfte te,,4 sd it : l ' l l W4,1,4%4;0,1 thou , . Ile . : ktiew,',cpl i y . .o rs t o , : ior i t,, w)preticlisio o -9t the i't Ar, J '. I'li ot t It o: s 'isti ee 1b . ,. • . 3 tiltrefi, l‘k "-.l.hcre is no rewa,rd w i ' lt " -101 l ' ' .4 " flO, iti. t ii,t 1 1.1 I.ly ilito . , 1 1 t it be boppose4 ) tkre, .. i i tllii i• II IS'a boot -maker, 'a, George-,yattl. ,Itt.t et t. „, t Silt' 4 „1... 1 oil the 2d of De 7 ty tt . at r , ! Le , .., great um.) ~ , ~ ~ ,they 11, atntier„ilt'.,it‘yith S : they had Iti t 43 ' :* e t „l' v 'tter, ti l •-aw (...aslttnan there . , its likew is ;iStt• e it i ,` ll "` ) . l see how th e windows were 1)11) ; a),,,,, loan ewer tli ...hop and br i ng oil ut . 4; eiet ti r oan , c ... , t i „,„ 4 . 1 1 liti), t Initialer of toor.—pe came 4 lityl l .' al) 'I wave thrtn to the people a t the 4 1 fi r , ' it, " it ''' I t - Ight ere, here !" Ile then went . , )i,;,,,,,i/Vstitno.i":ltilittvll'pee'lllore, nt ! d kept one for Imo: le t '''Y, wi, l - carpenter when the snob wa i t, 4 'loxii ' two pist(ils,orie alarees and ! he 'list,d, . ( "le. • c ; Pistols, •:. - • s brandidring (4 04 , lii hi s lid .4 ptiSOner %la .11%,!•ex•fittiae I rkis. up, /1 , 1) ); said t ' ' by 'lllr. Cuawoon,—Penied 1 4 4 ti e nev , 0 a wom an, i,. Come arid see the iih vY tr tr L i i 'visited the mob success, nor .i t t j""itatt se; 4 , dY cowards not to bave gone to tilh,'.. 4 e w a , a 'le never said t o the woman g 'Ally if re.wat(l of 50 guineas for appre 'if II • ' th e Il e le.to. ► 010 b, and that be could Ilmid e,,,,, li, 4,441 , Ali fi r , • .. hy N, , If 0 Icro)iir 4, i , I rt: t , y i , s " took " after her hushantj, i k :% • Il e ~,,,, j , I ' Y Nog desperate, he would titii..:ltatlt„,td, l ilt Hod told her tharlie did not ,( I . i . iker e u , '"t that he knew tWo of the 44 l'toson'4lB 1,").reiVIIIII offered at that time : i.„,) t,,,;, .0 sslitins he .lll llttie'd US being ill ~f a , N ii, , ,, itat p.. • 1 , jilirehendigi 141 4. ' l ;ei.u o i s _, , • . , • timstr a % holesale stationer, 'resid tilk,l4viAl ' t i,„, '''t Oil the 2t l of December .41,111 t,,,..m1.n).0ti0ns of the mob, and salll ' II rlt's f r , 's- Ileektrith's : witness's house is 6t k,. ~ l'in Ilia : :h e 1 , ~1 of tire titiin,,... %.oteitw;,, , . test LI repo rt . lafs,s i totli ',',o 5, #llll the met) carne oppo `!.,. 'Pose 1,,,, 1 , 1 , ,!,;-; -be observed . Otero,. amid III ; ' ... 1 1)i . ,*:- e.enttinly to the person of 4 t.`ll t.tlti„(ll, trliti`Ther wps conversinz with the ik;, l ''''retin„ 11 ',... 11. )14, and ,‘VittteSS considered .1, 4, °I tin.,e°l-1,,t, itolions of .1 he lido ; saw tl . to et t ' ei, ~. ottontes: to mile ni...)b • he wore 0 wilt, Ile ~1 . ~,,,. • •• . 4.1, 1 lc ,14rit ', 11i ,: " 1 , 1 - msg wils also trico t:ll( 4,,14.,tiand: ~,'Y' .I lie.,prisener bad some" I : 1 1 's slh mt i',l l , t'l .4 p im kr i t d to ,be.diisct:ing t,, , ' 14e, ii,,,,,.",11., llitri nob * after*.thar ap illlititlite flit the City, givingii-shout, t .'' , i Wil l , . t "! 4• II °0n . ... .. - 1 ,it t ,t o .etl m ., 1 r I • was near t:e . fla t ,. ,t r „ , 411 ate , i , • ' . itdd identified by the,wit ' t4e inSetiptiOn4o.often Li"' 1 J ought to haiie been mom,— - conduct '44 the prisoners, as it appeare,,, deneeo..clearly amounted- to an (mica act of high. !other treason. The mob had originully asset bled with Odin till-to=day.- 'fie' wu.. ensigns. of iediirien : they .fitt'd eoneldtied 'meet *twit evidelfee.'`Hchad a "red CUcn- - Pracuedingit ,ode, but his motive was to take the coiowrs horn. former testimony, metntto, ;Mr. 1, •c ft nev h .. ten. that young' Watson. He bad tleVer Clltered jilt° Mr, to be ertonewiS iii thiS ; anti ttiodows rtt All . , dicip muskets taken out ; the ,windows wcie bloke!! With the muskets which Were handed wit. " kle Inid' no doubt that he saw Hooper passing along with the mob, Joseph Page deposed, that, being a draYthan,he was inWarwick-lane, leading into Newgate-street,. about two o'clock on Elie .2(tof December. .He' knew Gunnel, had known him, for six years ; saw hisii in, llewgiste-sti t•et on the (lay of the riots, with a 'gun in his hand, in the Midst or a great number of other people. He was . going down to Cheapside ; the mob had a flag. Gunnel was a lame man, 'but Witness did not knots that he uses! a broomstick as a staff. • Cross,examined.—Said, - that be never said the person with the musket - was 'not Gunnel. Had never been discharged from his master, Sir James Shaw (who, as a Magistrate, was on the bench) deposed, on the 2d of December he went,to the Mansion-house: saw the mob li7st on theßorth side of the Royal Exchange, between, that and Threadneedle-street : they had a ILig with them. Pitnesi seized the flag and the bearer with his own hand, The Lord Mayor and he dispersed the mob, at that thne. The flag was attached to a long pole. lie identified the pole marked. 'Samuel Levy is a city constable, .0 was so on the 2d of Eedember lust. Wit ness was on duty on that day at the Royal xchange, where he saw Cardnnan among the midi, 'with a ghn. Iktook him, :41,10 ga,e the ghn to Daniel Cartwright. It was examined in his presence, and was loaded with powder and shot. . • . • .; • • . Daniel Cartwright, police -ollicer, was at th e Royal Ex change on theday,of the mob, •aintassist.4„to -totong man. When he (witness) gut the gun into his hand, he • found it was loaded, and said Cashman—" Why, there' is sontetiog in this ;" to which Cashman . replied, " There is, cortainly,.l.brought it with me to kill or be hilled."---This witness pi-minced the gnu which Cashman had when taken. Mt...Beckwith was here *hewn the in talon (ND./ !.;aol' man, which he recognized' as his property. AbrahanrSartmdknew the tirisonerGamble, and.saw him ,on the -2fi Ile...ember with the mob, aad a gun on his shoulder. oaf, oincer••ot Cthon-strect, apprehended 'the pri sow at two o'clock, on the •.1..1 Deceniher, io Queen-street,. 'in the'liarongh; With a purl übder hi.; arm. ' Ire"gaVe the:gun' .to John May...• The prisoner's, face, was..rery at if, blackened by drawing his hand with something black. The butt .of the gun was dirty, but no o th er • part. something said he picked up the gun in Sikinuer-street. John' May produced them) taken from the prisoner; which was identitted by Nlr. Beekwk th as,one that stood in the - east window of the shop on the 2d beeember, When . he left the' 'shop, in the wonting: Its, value is t 4. guineas. He l e made, it for a Mr. 1.4 e, and afterwards exchanged for another with - • • 'John Itoberts, - Mr.•Beckwith's apprentice, -proved that the gun remained in the window until the mob ,came. ' Thomas Friend, an officers produceda p'i'stol, which he re-' ceired front Mr. Hill, a pawnbroker iu the Beruegh. Ile apPrehentred Carpenter. • " Mr. .Wm. Hill, shopman to the pawnbroker, proved that he got the pistol from Elizabeth Owen, who otTeied it as a pledge. He gave it to the last witness. • , . Elizabeth Owen got the pistol from the prisoner Carpenter, with requested her to pledge:it i" s . he gave it tO last Wittstair.' Mr. Beckwith was again called up, and• proved the piste) to be his. Mi.'Jahn Hodgetts, a wholesalesilk-mercerin Paternoster row, saw Hooper on the Exchange on the day of the liots; seised him, anti foundon his person two pistols, one of which Was loaded with ball. These pistols were not the property of Mr: Beckwith. Mr. Vincent George Dowling was at Spa-fields on- the 9d of December; was near the waggon, on which he saw prisinier Hooper. There were two flags on the waggon, anti a banner 'was borne in the crowd. tiaw Hoover Mlle otf the waggon; and after some ditlictilty. the crowd made way for him to ad vance. Hooper appeared to be a leader. The flags moved on, each borne by a man, and fl raper accompanied thou. When they came to Coppiee.row, Mr. Stafford, of Ilow-street, and some others,'made a rush at the flags; one of them wastaken, the °rata moved un. Hatton-garden officer, stated that he was in Spa-fields : on the 2d of December ; saw the prisoners, Hooper and Casaman, on the waggon ; Cashman held a flag; Hooper wore hitri , dolouredeockatle in hie hat. Another man, not in cintedx, had a banner, on which were the wurds—" Thu sal-, diertareotir'friends,' treat then' kindly." 'Witness *ent to assigAlrOfitWford ut Coppice-row; saw_ Hooper there; he (witness) seised one :man, whom Hooper'tOok from gOar4(ijoidspecd, a:constable, saw Hooper and Cashman, i p the waggon at Spa-fields, and afterwards at Coppice-row; itliitipirestresi cockade. • Frederick Winderinude, of the Horseferry-road, Westmin ster, stated, that on the Wednesday - previously to the meet.; iftSkarfieklss Hopper win with a man who hired roya,, ,, eria from him. It was ordered to be at the top of ChitioCeryAime at 'lino s o'clock on the ensuing Monday.; Witness . brought it Up, when he met the prison Hooper, and another, waiting for .hint. They: put something into the waggon, which he afterprds fistind to be the flags; they also pin into it what afterward~proverrto powder'and ball, which he gate to Mr. (iilinore.. • Mr. Gilmore stated, tbaChe received front' the last `witlieis about,69.or ,100 nullets, apit a pound, of gunpowder. Here_the.case for the Cron o closed. . Mr. ALLEY then 105 e,.. and submitted, to the Court, that the Learned enunsel for the Crown had mistaken :the proper 'course of proceeding:on this occasion. it Was it fixed and settled'principle of the ';common law, that a man should not, be tried twice for the same offence.' Now, a crime of 'a given description wig-lit he 'merged in an ! other of greater magnitude ; and therefore; if- he ,proves! the offence with which the prisoners were charged was not that which, they had committed; but one Of an inferior nature, he 'apprehended that the present indictment' could not he sitstaitt Cll.--Viere a great tumult was heard • in the Court-yard. The noise appeared to arise .from several persons engaged in, a Contest, and con tending with bludgeons, which were struck against 'each other. The' proceedings of the Court were immediately suspended, and- the -greatest .un easiness prevailed.' The general• opinion was, that some people without were attempting to rescue the prisoners.; but; in a' short nu officer informed the Lord Mayor, that the disturb ance. was occOioned by a bullock having entered the 'yard: . His' Lordship cOminunicated this 'fact to the Judges, and, as soon as the noise hail ceased, Mr. Alley continued his 'speech.]--It had been . held in the case of John Swan and ..Filitabelh Jeffreys, who were indicted for the murder or :Jeffreys, and against whom, before the Dial,. another bill was afterwards preferrerhfor the parti, they respectively took in the same Murder, charg ing Swan with -petty treason, and Jeffreys With murder; 'in this case' it , was decided, , that as uuterfaits arraign was mo plea, the prisoners ought' not to be exposed- to the inconvenience of undergoing' two — trials •forrine - and- the same fact. An , 'that case, therefotv, time . first incliel- Ment . was 'quashed, and the COurt proeeeded to the.trial of the prisoners on the -second indict ment. (Foster's Report,•, 1041' In. the -present case thelearned,Counsel contended, -that ,the of%, fence' was wrongly_tharged;-and that the prisoners ought to haire been indicted for high treason. The conduct the prisoners, as it appeared: in eel denea',,,--clearly amounted to an overt act of high l'e.ation. 'The mob had originally arisembled with . ensigns.. of they .had eoncitided their proceedings, at, Spa-fields, :arid then went: to ftf.ol-tt. , is', It ......11/1 am- ha barifot ten. that flirty were or:Drilled e.'itlrtuvrtnar,lll,sn beftit:e they I cached 'his hotrie ;'-huts-When they art Wed there, they took away arms, and some• sorts of ant- munition, anti with theseimplements of warthey proceeded in a regular hotly through the.city, as. far as the Royal Exchange. Now, it Was laid down by'Mr. Justice foster (21 1); that'all insurrections are distinct :species of high treason. Insurrec tions., says he, fur redressing national grievances, or for the reformation of rural or inaxgivary evils of a public IlittUrC, 8.114111 . Whiek the insurgeei have. no special : interest ; t.iving tti effect tit. se ends by force and numbers, are, by construction of law, Within the Claute of levying war, and anquestionably ate bigh•treason. When the learned COuniel put a question to a witness as to the jeet of the mob, one of their - Lordships (Mr. Jos tice Park) stopped him ; but he trusted theiCwas s till evidence enough to make it clear that the: object was not to commit a felony, but neither more nor less. th In high treason. If, them tore, the ptisonerS wer.! acquitted upon this indietment day, they might be prosecuted by the Attorney- General to-morrow. lie did. not mean to say, that if a man took away another man's property, it was not felony. The ancient defence was, howeVer,'t hat the taking away WitS not lueri cansa ; but many a coe victim) might take.place, although he could not explain the. real motive. He sobs righted, however, that the offence of the prisoners was of a differenvdeseription frOM that with which they were charged. Mr. justice Foster, after speaking of the ease of petit,treason and murder e..00t; says, " I think, if theTrusccutor be apprised orthe true statiof the case, be . onglit t'o adapt the indictment to the truth of the ease."' The Learned Counsel therefore contended, that in this case the Counsel for the prosecution should not haVe fratned'ati indictment which 'tilight• subject the prisoners, if acquitted, to behindleted again. Why were' they, he repeated, to btr actoitted , to day for felony, nod then proceeded against fin high treason ? The prisoners had not eke saute be'. refit under this indictment as thelYiwould have had silt..nn ladictatem tor high, treararts,,, .On an in dictment for high treason they woalltl have the right of pereMntorily'challengiiig of the Jury, and of being assisted by 'the.apeechii of Counsel, whereas in an indictment Jog, fanny they were deprived of those atlyanteges. ,/ There could be no doubt, however', that they fratt liVied War, to re dress either real or imaginarrpnblle grievances, and therefore shonld 'haVe;ibeen indicted for high treason, and not for felony, in hreaking open Mr. Beckwith's, house, and taking away property. Mr. Coewoon, on the same `side, stibmitied, that this indictment could not be supported, He took it to bee clear priticiple, of the law of Eng?. laud, that no Man should be tried twice for the stone' offenee. If the conduct of the prisoners .would esinstitute•high treason, they , ought to have been indicted for the offence, and not for a lesser crime. If they 'had been indicted for high trea son, they wcinbr hate 'fled several advantages, of which , they , svere • nOw deprived. :Did the facts which had been proved against them amount to. high 'treason ? he second clause of ilie'2sth Edward 111. embraced' . the case . of levying war against the 4ting's authority, • precisely , in the tootterin *Well the. prisoners had acted on this occasion. 'The robbing of the gon•makers, and the banners they carried.. was - the object of r 6 'dressing real or fancied grievaneei. ?ar. Justice Foster, in his first Discourse, expressly said, that if persons meet, together upon account of some private' quarrel, or to take "revenge On particular persons, the•statute of treasons Math already de terrains:4.ost point in favour of the subject. Sr, at rising of weavers to, destroy all engine -looms, :machinei Which enabled thOse of the trade who made' use of them to undersell those who had them not, did tint :amount to levying war with in the statute. But. every , insurrection which in judgment of law was Intelidei'agaiUst the 'person Of the King, he'it'to dethrone or Impri s on him, or to oblige him to altet his - theasures•of Go vernment, or to remove evil Counseilorsirdurabout him—these risings 'all amount to levying whr within the shuttle, whether attended with the .pomp, and 'Ciremnstancei_44 Open war or not. N,tw, taking the circtifilitardia of this case into consideration, was it not 'obvious that they Amounted tri high treason There was no doubt that these Alen .had levied war to redress public' grievances ; and therefore they should have been indicted for treason, moremspecially as they could not, if. - acquitted under the present- indictment, plead it in bar to an indictment for high treason, Mr. GURNEY was about to reply, when Mr. Justice riirtk saitl, he might save hiniaelt the I trouble,' as the - Court - were quite• clear there was no foundation 'for the objection% ,There bad been no attempt on the part of the prosecution to es tablish High Treason ; and; therefore, if the in-' dietment wits sufficient' to support .the pffctice charged in it, it was quite enough. Ad the Jury, had to decide was, whether the felony imputed to, the prisoners had been committed by, them or not.. if they•shoultf 'be. afterwards. charged. with High, Treason, it witulti be,the-busincss of the Judges who 'tried' them to . decide whether. it .were. Treason or not. The Learned Judge then, called on, Cashman to state What be had to say' in_ his defence. He de . - 'dared, that ,on theltioyning or: the riot lie had h,-, eu t o the London Hospital, to see a sick tnnn., kind then went to Rosemary-lane to get,his break ast. He afterwards went . with a letter to Ad miral Martin'.s house at.the. Admira j ty, and deli-'wiled it to a gentlemani who looked at. it. Ae he was returning hpme, he saw aluob near S t . the people were running • along,, but ~he did not join .ttor excesses, which they committed. Il e h a d nuoyitticss,,tn call ,to ennfirin this state- Meat t but Thomas. Geary, -a sailor s deposed, that be had known him eight or -nine years, and. con- Siderecl him a very honest man. John Hooper' said, that after- having been in cnitody thrtii'''Week's, , there was no onaterial evi dence againstillYnt. The Lord Mayor then ted'him`to Vcr‘dity, however, mow fright fill terrible evidencg bad been brought againit him. ... Griffin bad , often and looked in his face, b u t never brought any charge against him ,An !other witness, Lydia! d, never appeared* agarinst iltim till to=day. fle was wholly unprepared to 'meet such evidence. He bad It Ili-cola-tired cock ade, but his motive was to take the colours Dom, 'young iVatson. tic bad never entered into Mr. ,ti Btek.tVith's shop, nis :object - in''gqing int - , the city was to beg tire Lord Mayor to keep plc quiet, he was afraid of their proceedings: fie , could have had respectable witnesses', hat the time had been so short, probably they were not pre sent. . . [The Crier, however, was desired to -call for Hooper's frielidS, when the following persons ap peared :]--- , ' * Alexander Harding, a weer and gilder, in Kitslotr.•street, Westminster, deposed, that Ale' had , hnown Hooper about eight ye ars , b ut h ai l not seen him 110'0/ for more than two years.---... .110oper'wat shocwitker, and witness had been , in his company several times, but did not know where lie resided was considered a good ' character. • . • John Bennet, a shoemaker, in Grafton‘street, 'S'Oho, haul known tb prisonerfrom five to'se years. He had worked-for him two or three. times, for six months , at a time; he thought him a soher, honest, itidustrious' Man. Richard Gamble, being called on for his defence, t that on the 2d of Deceinher ha went to look' far ‘vOrk, and saw ati•vat many people in Hot.' )forn. They told him they Were going td Spa- 'fidds, and he accompanied tlicin, ' thing good was to be proposed fornsechauic:i ; hut he could not 'get,: near.enough - to hear , a'hat , said;. - When he came down to Mr.• Beckwith's shop, it was briiken open, and the mob were veili riotous. Ile picked •up .a gun.. in Skinner,streat.. , Three men met him, and exeliiimed,,,Y, d---n hi* eyes shoot hiM." lie then' %vela in trnitin ,, Sereyt in the Borough, where he arrived about halfpuit one, 4.frieOdi .m had seen hl pieit tip Ile. then called some persons to hiS character. Gunnel said he did not break Mr: Beck., with's windows, nor Wa3 he in time shop. John 'Carpenter stated, that . on the day in (pies thm he was outof employment, and went to the London Docks to look for work, but could nut get any, He then 'went to Spitallields 'to, s'ee ii cousin, when he heard that there was u riot at time Mansion-house. A man put it pfsto4 with some powder and shot, into his hand, but r ite' said he had 00 use for it. These two prisoners•then culled some witnesses to;speak to their character. . Mr. Justice PACK now proceeded to sum imp the evidenCe. He informed the Jury, that the five prisoners at the bar stood indicted for feloniously • stealing,' at theparish of St. Sepulchre, in this city, a vast quantity of arms, in the dwelling-house of Win. A. Beckwith, several persans•being then in • the dwelling-honst, and pat in fear. This indict. ment was founded on an act of William 1 i I.by which it was made a capitattelony tor any per Son to rob. any dwelling-lionse• in ;14 day thne, the warner, or any Other . version .I,licrein, - being ptit‘in He stated this, bccanse it was quite enough that , ; .some person should lie ppt in foAr, it WAS not ne cessary that ,the owner himself should be therein, ,' nor that all the. persons, should he put in fear. That part .of .the case, therefore, might be pretty well dismissed -from their, consideration A for all *he w.ituessys but °tie had sworn that they were put in fear. A vast number of circumstances ; hadbeen.brought before the.jiiry to-day, with a view to show t hat all the Prisoners wereeinicnr dug in one general concert or design„ „They haft ! nore than one been told, that' it was. not neees sae), in nny-- indictment to estriblistr daft each' hand of eachßertieuler person . shotdd rib the par ticular fact tomplained of: If they were sati, lied that - the prisoners were all aiding, abet- - ting, And comforting each, other, it wasiqulte , , snttickrit for the. purposes of justice, although„: perhaps, they were not known.to each other. ft was nut neeessAry to prove, therefore, that all bodies rind persons of. the prisoners.had , been in Mr." lieekwith's 'mime : it any of them. were Without, ~ aiding, abetting, and comforting, they were equal-. ly guilty as it they had all been active within. . the 'ease of wilful inorder,it wars not necessery that each'person should s trike a blow : all assisted and 'comforted; and did' not. 'prevent the act, they were all equally guilty. • There bail been : one observation addresied ttl them„ which it would be proper to notices:. .The learned Coon. set for the prisoners had said, that it was for inerly necessary to prove-lilac a' felony Was come mitted lucri alum ,;,Now this was not the (Willi tion of the law 'of England, on this subject, Hitt of another country,.,. It was not necessary to show theta felony Was committed for gain.; it., wat enough, if • man. took away, property felq itionsly• against the will cif the owner. A man , could not pick the pocket of another, and then be excused by saying, that he gave the . .purseto a beggar. In all crisealike the present there teas a difficulty. in separating the evidence, so that the., Jury aright. not 'confound ',the ease of each parti cular Kisoner in the judgment which they Were to give; but h'e .wouldnoo"sfate the. evh!ence tts it ;Tidied to each of the'ptlsoners• at the bar, and ' leave the Gentlemen to return such verdict as the faets.ofeaeb.purticular cash would warrailt: His Lordship then 'recupittilOeft Ore evidence relative to ,Cashman, And; tibsetwed,'ltiat it was ro atect • opposition to his statement. lie;Uper Iran VtitU, that, he was three we'dk's in custody, and '110W; to Iris great Astonishment, there wei a great deal of frightful evidence against him. The.rury, how ever; would pay attention to the evidence . gi+en ; for,,suppesing.the fact to be, .that winesscs given evidence of %Odell the prisoeer eas . net, prised, it most ha remeisibered, that 11:),:!!:.. yee prisonerin buwired was ctigniz int 4 l i,C e nesses who.were to appear The Le - arned Juilg4,'then proceeded with .the evidence against ~ the Other prisoners, Gamble, Gunnel,:and earpenterr enfrobser'ved, that it lees the Slightest as to the last. it, niervly appeared, that he bad got posSessieit of-pistols, ,od was the act of flourishing and.brandishitig, theie. As Mr. Justice PA ILK ,to conclude his charge, 'in-eonsequeace.of' suggestion from the Lord Muyor,. tot-telling a su p ra pesed yariat ion in tire testimony of Griflin, , as gi4'en before the stride end es. delivered. .the .present occasibn, Mr. Francis llabler, clerk to the Lord Mayor, was examined respecting, it. Ile proved, Irorrt- a report of Griffin's evidence; signed by himself, that be hatbrepresented Cashinan, and not llooper,a l 4 the, Mali who had presented is pistol et Ins oreest.. Mr. Griffin,- otrbeingre-e:vamined. with tegerilto this seeming contradiction, 'declared the rdort of his former testimony, although signed by liinkteJ; . , IQ be ertonecies irl this partiettlar ; and that he