The Sun.
London, England, 1832-01-05 00:00:00

Monday morning; nor did he see the collision be-
tween the soldiers and the mob.
John Williams examined—Went on the 30th of
October to the gaol. There is a smith's shop about
100 feet distant from the prison, between Prince's.
street and the gaol. There was a mob at the smith's
shop ; some of them having crow-bars. They
forced the door of the smith's shop open. Saw
Mackay bring out a sledge-hammer and chisel,
about a quarter past two o'clock on Sunday.
Witness then went with the rest of the mob up
to the gaol, where he saw Mackay and several
other persons hammering at the gates. After the gates
were burst open, he saw him (Mackay) let the pri-
soners out. Saw the gaol burnt, and the van thrown
into the water. Saw Mackay bring out a sack of
peas, and throw it over the people's head. Sew
Watson, a constable there. When Watson came up
to the gates, a sledge-hammer was flung at him.
Saw a picture of the Governor's likeness brought out
of the gaol by Mackay, who kicked a hole through
it, arid threw it into the water.
Examined by the prisoner Mackay—Saw him
(Mackay) on the 30th of October, and the reason
why he did not take him into custody earlier was,
because he had no opportunity of doing it till about
the time he was taken.

Mackay—Had you nothing to lay to my charge at
the Council-house ? Mackay—l had.
Mackay—You're a liar. .

Examined by the COURT—Witness preferred his
charges against the prisoner on the second day, and
did not prefer them the first because he thought that
the prisoner was to " be had" on a future day.
The witness Selwyn recalled and examined by the
COURT—Did not see the mob and the military in
collision on Sunday the 30th of October.
Moss recalled and examined by the COURT—
Saw the mob and the military in collision on Monday.
This closed the evidence for the prosecution.
Mr. PALMER, as Counsel for the prisoner Clarke,

, .
submitted that he (Clarke) ought to be acquitted,
because he was charged in the indictment with
felony, whereas he was, if chargeable with any crime,
guilty, according to the evidence, of high treason,—
a crime in which felony merged. The Learned
Counsel contended that the evidence went to prove

that the prisoner meditated the destruction of all the
gaols in the kingdom, and then cited the case of
" Watson and Demaret," as a precedent, to prove

that judicial decision warranted his opinion. He
argued that Clarke had avowed his intention to open
" all" prisons, and appealed to the authority of Fors-
ter, as decidedly in favour of the prisoner.
The COURT overruled the objection.
James Stokes examined for the defence—Knows

the prisoner Clarke, and lived within two doors of
him at Bedminster. ReCollects seeing Clarke on
the 30th of October. He paid him (witness) some
money, and purchased a bullock's heart. Saw him
at a public-house in Bedminster on Saturday, and at
Stokes's back-yard on Sunday morning. Knew
Clarke for a long time ; he has lived as a sawyer,
and his mother has kept a public-house. Has heard
of an accident that happened to Clarke seven' years
since—an injury to his head. Has observed a dif
ference in his understanding since, when he takes a
drink, and believes he would not, under such circum-
stances, be like other men. If Clarke took rather
much liquor since his accident, he would be more
violent than he ever was before. Witness conceived
that there was no man of better character in the pa-
rish of Bedminster.

Elizabeth Clarke, the mother of the prisoner, was
called, and on her appearance in the witness-box, the
prisoner (who in common with the other unfortunate per-
sons in the dock, was obliged, according to the barbarous
custom of the law, to remain sanding during the trial,
seemed so affected, that it was found necessary to remove
him for a few minutes out of Court. On his retarn, ap-
pearing to be much overcome by his emotions, the Chief
Justice ordered him to have a chair, which, however, the
humanity of the officers had previously provided.

Elizabeth Clarke examined.—Her son (the pr'soner at
the bar) had lived with her for three years previous to the
riots. He was at her house on the morning of the day of
the fires, and prepared a bullock's heart for dinner. Wit-
ness left home at half-past ten o'clock, when he was begin-
ning to prepare the stuffing for the bullock's heart. Her
son had received an accident in the head, that confined
him to his bed some days, a few years ago. His mind
and habits were affected by the accident; and he was, at
times, ineens ble, and in a foolish state. He was out on a
particular day, and came home, and no one in the kitchen
but herself. _ . .

The Under-Sheriff intimated to the Court that the pri-
soner Clarke had fainted. The prisoner was removed for
a little, and on being brought back sank in the arms of the
officers. On his recorering,

The examination proceeded—Witness saw the prisoner
in a peculiar way after mowing in last July.—(The
evidence was lost for some minutes owing to the noise in
Court.) Her son said he thought he must have killed a
little boy; I asked why he should have killed a creature
who never did him any harm ? When asked to go to bed,
the prisoner said he was going to Mrs. Goold's for kidney
beans. In the morning be appeared better in mind, hut
was not better in health, but he knew that he had not
been right the night before. He (prisoner) was attended
for the illness in his head by Mr. Prowse, who is since
dead. The effect of the illness has been shown since,
whenever her son had liquor.

Joseph H trding examined—ls a sawyer, and knows the
prisoner Clarke, and has worked with him between three
and four years. A piece of timber fell down on him, and
jammed his head in, and injured him very materially.
They put him on a piece of timber in the yard, and they
afterwards carried him to a surgeon. Witness has seen
Clarke frequently work since. Witness was obliged to
leave the place on account of him. He was not fit to do
his work—could not do it. He was subject to giddiness,
and when he took beer he would want to fight with witness.
Stephen Doughty examined—tle lives in the parish of
Bedminster, and knows the prisoner Clarke. He recollects
seeing him on Sunday morning, the day of the fires, stand-
ing at his mother's cottage-door about eleven o'clock in
the morning. Witness came into Bristol with him. He
asked witness, in the first instance, where he was going.
He replied to Bristol, and then Clarke said, " Stop a mo-
ment, and I'll go with you." They went to Queen-square.
They were ferried across the river by a boy. It was about
twelve o'clock when they reached Queen-square. The
soldiers were parading about there. They remained there
about ten minutes, and Clarke did nothing but look about
him (luring that time. They then went to College-street,
where they remained a few minutes. They then returned
to Queen-square. They remained there till about twenty
minutes to one. A man came from the Mansion-house
mob, and asked Clarke to assist in liberating a boy who
was taken. Clarke said the boy was nothing to him, and
he would have nothing to do with it. The mob then raised
a cry " to Bridewell." Witness then separated from Clarke.
That was about half-past one o'clock. Up to that time
Clarke bpi done nothing riotously.
Cross-examined—Clarke, when he parted front witness,
weat towards Back-street, which was towards the Bride-
well, and which direction the mob had taken.
Philip Melloir examined—Lives in Bedminster. Knows
Clarke. Was with Limn in Queen-square on the Sunday of
the riots. About twelve o'clock a man came up to him,
and asked him to assist in getting a boy out that was put
into the Mansion-house. He said, "No ; I'll have nothing
to do with it ; the boy's nothing to me." Whilst witness
was with him that day, he did not commit any violence.
John Bickery examined—Witness remembers the day of
the riots, the 30th of October. Witness that day, between
one and two o'clock, met Clarke at the corner of All
Saints'-street. Witness went went with him to the Bri-
tannia in that street, where they had halt a pint of gin.
Clarke, witness, and those who were with him on that
occasion, three or four in number, drank several gallons of
beer there. They left at some time past three o'clock.
Before witness left Clarke, he seemed to be the worse of
the liquor he bad taken. They drank altogether three half-
gallons of beer, and Clarke drank more of it than witness.
John Crates examined—ls a fellmonger ; knows Clarke ;
was in company with him on the day of the riots at the
Britannia public-house. They had amongst their party
on that occasion a half-pint of gin ; then three half-gallons
of beer, and then two gallons. There were about eight or
ten drinking of that. Clarke drank more than his share
of it. Witness parted with him between three and four
o'clock. At that time he was intoxicated. He took off
his coat, flung it on the rail, and behaved like a madman.
Cross-examined—Clarke was quite tipsy on that occa-
sion. Witness saw a mob going to the Bridewell between
one and two o'clock. It was about half-past three that
witness parted with Clarke.
Benjamin Flooke examined—Was at the Britannia
tavern with Pickering and Clarke on Sunday, the 30th of
October. They went in there about one o'clok. They
had several vallons of beer. Clarke was the worse of his