Edward Vaughan proceedingsdefend This name instance is in set 3008. and Philip Cholmley proceedingsdefend This name instance is in set 3009. , of St. Martin in the Fields , were indicted for the Murder of Henry Bowes proceedingsvictim , by aiding and abetting John Hemlichen < no role > , who with two pieces of Brass discharg'd from a Musquet, did give the said Henry Bowes one mortal Wound in the lower Belly, 1 Inch broad and 6 Inches deep, on the 22d of December last, at the Hour of 1 in the Morning, of which Wound he languish'd till 5 o' th' Clock in the Afternoon of the same Day, and then dy'd . They were a 2d time indicted on the Coroner's Inquest for the said Murder. Walter Hartshorn < no role > depos'd, that being at the corner of the Playhouse Passage , about 11 at Night, he heard a sudden noise, and saw about 20 Men with long Sticks go to Mr. Vandernan's Door, where they beat against it, some crying out, Cholmley and Vaughan we have them all fast; others, Break open the House - Knock 'em down. That Cholmley cry'd, D - n'em, we'll have'em or fire the House; that they broke open the Door, which was shut again. About half an Hour after he saw some Soldiers and lighted Links; that they wrench'd open the Window, and put lighted Links to it; a Soldier then got in, and opening the Door, let in the rest; they then shut the Door, and brought down several People. Afterwards he saw the flash of the Gun, heard it go off, and saw the Deceased wounded. That he was sure the 2 Prisoners at the Bar were there at that time. Andrew Meal < no role > depos'd, he kept a Cheesemonger's Shop opposite to the Playhouse Passage, and about 11 that Night he saw the Mob about Mr. Vanderman's; that Cholmley came over to call the Watch. The Guards then came; the Window-shutter was forc'd open (which had Hinges at the top, and was fasten'd at the bottom with a Pin or Button) one Soldier held it up whilst two enter'd; the Door was then opened, and he heard a great Noise within. The Mob then said the Colonel had fetch'd the Soldiers away. Brickbats were thrown out at the Window; and about half an Hour after the Soldier enter'd at the Window, he heard a Gun go off. George Ireland < no role > depos'd that he was a Vintner joining to Vanderman's, and saw the Mob, and particularly a Barber, knocking their Links against Vanderman's Window; that Cholmley bidding 'em fire the House, they broke open the Door; those within making no other resistance, than by beating back the Links with their drawn Swords, which were thrust into the House. That he saw the Soldiers, and heard some say, Read the Proclamation - Come out ye Dogs and surrender, or ye shall all be hang'd. Soon after he heard a Gun go off, and then saw the Deceased lying wounded at a Door, and heard him say he was a dead Man. Ann Lander < no role > depos'd, that looking out of a Window opposite to Vandernan's, she saw the Mob come down the Passage with long Sticks, and knock at Vandernan's Door. crying out, Open the Door in the King's Name! those within answer'd they would; the others then beat against the Door till it flew open, and then cry'd, D - n'em we have'em all safe - more Lights here: The Door was then shut again, and the Mob broke it open a 2d time. Those within said, Why don't ye come in and take us? the others answer'd, Lay your Swords down then. That they then set Fire to the Window, broke it open, and lighting a Link from one end to the other, threw it flaming into the House: Those within cry'd out Murder, and those without, D - n ye, we'll murder ye all! Will ye surrender ye Rogues? The Soldiers then came, and their Corporal asking what was the matter, they said, The House is full of Rogues and Whores, and we want to get'em out. One then helpt a Soldier in at the Window, who went round and open'd the Door. Those without said, Let the Soldiers go in first, and we'll follow them, which they did; the 2 Prisoners at the Bar went in with'em, and shut the Door after'em. They went up Stairs, search'd the House, and brought what People they could find down with'em. In a little time a Gentleman came to the Door, and said. Open the Door you Rascals, I'm your Officer; upon which some Soldiers that stood at the Door went away. After this, a Soldier from within putting the Muzzle of his Piece thro the Wicket, flasht in the Pan. She then heard one within say, D - n'em, fire among'em. The Door was then opened, a Soldier came out and fired down the Passage. She then came down Stairs, and saw the Deceased wounded. Being ask'd if she saw Vaughan in the House, she said no, tho before she said she saw him and Chomley go in with the Soldiers. Francis James < no role > depos'd, that looking thro' the Wicket of the Door (after the Soldier had flasht his piece) he saw Vaughan and another Man in black, one of whom ask'd the Soldier if his Piece was charg'd? The Door was then open'd, and he heard Vaughan say to the Soldier, Fire among'em, and I'll indemnify you; the Soldier fir'd slanting towards the Playhouse, and he saw the Deceased fall. John Denman < no role > depos'd, that he came out of an Eating-house just by, saw the Mob break open the Door, and heard some say, Will you disperse ye Dogs? you shall be hang'd else to morrow. - All you that are Prisoners here, surrender on pain of death. - That Brickbats were thrown in and out of the Window; and afterwards he saw the Soldier come out, and say, What shall I do? Vaughan answer'd, Fire, Fire, and I'll indemnify you. The Soldier fir'd (between 1 and 2 o'th' Clock) and he saw the Deceased fall. William Chamberlain < no role > depos'd, that he saw the Deceased come into an Eating-house about a quarter of an Hour before the Disturbance happened; and that just before the Deceased was shot, he saw him standing quietly, with his Arms folded in his Cloak. Samuel James < no role > depos'd to the same effect. One Woodcock depos'd, that he saw Vaughan beat against the Door, saw the Door fly open, and heard him say, Fire the House! He then saw Links set to the Window, the Window broke open, and Brickbats thrown in and out. That Vaughan said to one that stood by with a long Staff, and a Spike at the end on't, G - D - n ye, run the Stick through him; upon which this Evidence being frighted, ran away. Several of these Evidences swore that Vaughan was in a grey Coat with Brass Buttons. Mr. Vaughan, the Surgeon, depos'd, that the Wounds the Deceased then receiv'd were the cause of his Death.

The Prisoners then made their Defence. Mr. Vaughan, the Prisoner, said in his Defence, that they were far from intending any harm in what they did. That having a Warrant sign'd by Ten Justices of the Peace, to search Gaming, and other disorderly Houses, they accordingly went to several, and at last came to Mr. Vandernan's, a noted Gaming House; they found both the outward Door, and a Hatch with Spikes, 3 or 4 steps within the Entry, both open, and going into the Gaming Room, found about 20 sitting round the Table; the Gamesters seeing them come in with Constables Staves< no role > , cry'd out, D - n ye, we are all taken! Put the Candles out, and draw your Swords, which they did. He then stepping back, his Coat hung by the Hatch, and several within made passes at him with their Swords, till at last more coming to his aid, he got loose by tearing his Coat, and went out again. The Gamesters follow'd'em to the Door with drawn Swords. The Mob increased, and Oaths, Curses, and Brickbats, were continually flying about. The Proclamation against Riots was then read; and telling them they had a Warrant against them, askt if they'd surrender, who answer'd, Yes, if you'll have our Swords in your Guts. The Gamesters then shut the Door, and from within broke open the Window themselves, and from thence flung Brickbats, Drinking Pots, Piss-pots, and other Things, at the Prisoners, and those that came with them. They were then oblig'd to send for some of the Guards to their Assistance, and when they came, one of'em got in at the Window which the Gamesters broke open, and open'd the Door, and they went in to search the House. The Mob then without cry'd, Now we have'em all safe together! and then threw in the Brickbats, and other Things, which the Gamesters threw out before. The Solidier then flasht through the Wicket, but that he, Vaughan, never gave him any Orders to fire. Cholmley said, that he and several others being commanded by Mr. Burt and Mr. Cartwright to assist'em in the execution of 2 Warrants, obey'd. That they were upon their Duty in aiding proper Officers at Vandernan's House, but wanting more help, and their Lives being in danger, they were oblig'd to send for military Force, by which additional strength, most of them entered the House; but that he (this Prisoner) and some of the Soldiers did not go in at all, but staid without. In a little time, Burden and Ringrose assuming themselves to be Colonels, came and drew off the Soldiers from the Door. The Mob then cry'd out, The Colonel's come, and the Soldiers are going, now let us murder the Dogs! This Prisoner then went away, and did not hear the Gun fir'd.

George Cartwright < no role > produc'd a Warrant, for searching Gaming and other disorderly Houses, sign'd by Ten Justices of the Peace, and depos'd that he, several other Constables, and the prisoners, being at the George in Wych-street, the said Warrant was openly read, when he commanded those that were present, to Aid and Assist him in the Execution of the same. Accordingly they went to several lewd Houses, from whence they took divers into Custody, and at last came to Vandernan's. As they were coming down the Play-house Passage, they saw Vandernan's door open, and somebody came out; they stept up before the Door was shut, and thrusting their Staves betwixt the Door and the Jamb, got in before it could be shut, they then came to the Hatch which was open too, but they were forc'd back by the Gamesters, who having put out the Lights, came with their drawn Swords and pass'd at him over the Hatch, but the Hatch being pretty high with Spikes at top, he couch'd down so close under it, that they could not reach him, but he felt the Swords upon his back. At last he crawl'd away on his Hands and Knees, and getting up, engag'd them with his long Staff, which they within quickly caught hold of, but he having the longest end, and poising down hard upon the Hatch to wrench it from them, and they likewise bearing down hard at the other end, broke the Staff between them, he then got off, and they consulted what to do, and at last agreed to send to Somerset- house for the Guards. Those within then broke open the Windows, from whence they threw Brickbats, drinking Pots, and a Chamber Pot full of Piss, with several other things. He (this Evidence) then fasten'd the Window shutter (which hung by hinges at top) and they within force'd it open again. Proclamation was made. The Guards came, and one of them said, I my self will get in at the Window which he did, and then went round and open'd the Door. This Evidence and several others then went in and Search'd the House, and found several Gamesters who had hid themselves in it, Some under the Beds, some in Closets and other Holes. While they were employ'd above stairs, he heard some call from below. Cartwright, Cartwright, come down, come down, or we shall all be Murder'd. They then came down into the Gaming Room and brought the Gamesters all with them, and those below told him that Burden and Ringrose had rescu'd a prisoner. Coming in the Entry, he heard those without cry Now we have the informing Dogs! Murder them, Murder them! Ringrose seeing this Evidence through the Wicket, push'd at him with his Sword, and said ye Dog! I'll Murder you to chuse. That one of the Soldiers flasht through the Wicket, and they without cry'd D - ye Dogs, do ye think we are to be bugbear'd with a little Powder ? That if afterwards the Soldier had not fir'd, their own lives had been in danger; that he was with Vaughan, all the time that Vaughan was there, but yet did not hear him once bid the Solider fire, and that he did not see Cholmley in the House at all. Most of this Evidence was confirme'd by Thomas Burt < no role > another Constable. Jeffery Nash said, that having a Warrant from Sir William Thompson < no role > Recorder, to search for Richard Mytton < no role > , Charles Walmsley < no role > , and - White, who were charged upon Oath, for cheating a Gentleman of above 600 Pounds, he came with it to the George in Wyche-street, and there in conjuction with Mr. Cartwright, commanded the prisoners and others present, to Aid and Assist him. This Evidence further confirm'd what Cartwright and Burt had already depos'd. Another Constable John Bouch < no role > depos'd, he saw the Proclamation in Cartwright's hand, and heard him read it, heard the Gamesters cry out D - the Rogues, now's the time, let's kill them. Richard Williams < no role > depos'd to the same effect as Mr. Cartwright, and added that finding the Mob would be too hard for the Constable, they sent to the Beadle and Watch, who refusing to come, he went to a Justice of Peace, who went along with him to Somerset House, to fetch the Soldiers. Michael William < no role > depos'd he heard Vaughan desire the Soldiers to draw their Charges; which two of them did, but one answer'd he would not stand there to be Kill'd, and then went out and fir'd. Mr. Davison depos'd, that he was near Vaughan when the Piece was fir'd, and heard him say 3 times successfully, Gentleman take care of your Pieces and do no harm. William Groom < no role > , Mr. Philpot and others corroborated the former depositions, and that Vaughan had not (that night) a Grey Coat with brass Buttons, but a brown Drab with Buttons of the same colour, and that none of them in all their lives ever heard either of the prisoners Swear or Curse. Randyll, the Boxkeeper at Vandernan's, depos'd that the Doors were open to let out one Butler, a reputed Highway-man, when the Constables came. Other Witnesses were at hand to confirm the Testimony of those already examin'd, but, much time having been spent, the prisoners wav'd them. Several Justices of the Peace then on the Bench, gave the prisoners a very good Character; that they were Men so far from making themselves Informers for the sake of Interest, that they never knew them to take even the Reward that the Law allows in such cases, or so much as a Glass of Wine for their Pains. The Jury Acquitted them.