Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials

28th February 1722

About this dataset

Currently Held: Harvard University Library

LL ref: t17220228-65




Charles Mac-cave proceedingsdefend , Edward Dun proceedingsdefend , and Edward Galloway proceedingsdefend , of St. Paul's Covent Garden , were indicted for a Misdemeanor in Riotously assaulting several Constables, in the execution of their Office ; on the 21st of December last. Thomas Burt < no role > Constable, produced a Warrant for Searching Gaming Houses, sign'd by 10 Justices of the Peace, and deposed that in execution of that Warrant he with Jeffery Nash and George Cartwright < no role > both Constables (since dead) and several others, came to Mr.Vandernans House in Playhouse passage Drury-lane , where they found the Door open, and endeavouring to enter were driven back with drawn Swords; that those within broke open the Window shutter and threw Brickbats, Ale-house Pots, and a Chamber Pot, at the Constables. The Proclamation was read, and those within cry'd A T - d of your Proclamation. The Guards were then sent for, and 4 Soldiers came; one of which went in at the Window, and coming round to the Door let in the rest; they left two Soldiers to guard the Door, but Burden and Ringrose pretending to be Officers, and commanding the Soldiers away, the Mob then cry'd out the Colonels came, and the Soldiers are going; - Edward Vaughan < no role > This name instance is in set 3008. deposed that being charg'd to assist the Constables, he came to Vandernans, and found the outer Door and the Hatch within open, he and Mr. Cartwright coming to the inward Hatch saw above 20 Men gaming, who cry'd out D - n ye we're all taken, put out the Candles and draw your Swords; which they did, and forc'd him back, and as he was retiring his Coat fasten'd in the Hatch; over which they made Passes at him with their Swords, but at last tearing his Coat he crawld on his hands and knees to the outward Door, where he saw Galloway coming down the Passage, who said to him G - d D - n ye there is not a Man among ye! and bidding him go about his business, he replied, I've as much business here as you, for you're a part of informing Dogs, and ought to have your Brains beat out. The Proclamation was then read, and Galloway said. D - -n you and your Proclamation too! - Come but over the Kennel in Drury-lane, and I'll give you what you deserve. In about three quarters of an Hour he said, half a dozen lusty Fellows would beat you all? calling them informing Dogs, Rogues and Raseals. About 10 days after he was carried before a Justice for the same Riot. He said he knew the Prisoner again perfectly well; and that Galloway confest to him at Justice Vaughan's that he was in the Riot. - Proclamation was made and Mr. Cartwright askt those within if they'd surrender, who answer'd Ay D - n ye if you'll have our Swords in your Guts! - After the Constables were entered they shut the outer Door but the Mob beat so violently against it that the Nails were almost forc'd out of the Hinges. Ringrose and Burden came pretending to the Officers, and Ringrose struck this Evidence several times with his Cane. Martha Williams < no role > deposed that being in Playhouse Passage, she saw Mr. Vaughan take Galloway by the Arm and bring him out; that Galloway said, There's not a Man among ye, you're all a pack of informing Rogues? that Mr. Vaughan desir'd he'd go about his business; you Rascal (says Galloway) you dare not see me on t'other side of the way! - The Proclamation was read, and Galloway there upon lifting up his left hand cry'd a T - d of your Proclamation, I have heard it twice already but don't value it. Further, that he made a great disturbance there, being very busy and abusive, that she likewise saw Dun there standing at the head of a Mob, and heard him say; if half a dozen brisk young Fellows would but go down with him; he'd clear the Place of them all! that she took such particular notice of Galloway and Dun, (Dun especially, whom she saw 2 days after) that she was certain the Prisoners were the Persons. Robert Rook < no role > deposed that when the Constables came, the Gamesters were playing at Dice, that the outer door was open, but the Hatch was shut, before the Constables could get in, Mac-cave cry'd out D - n it put out the Candles, here's the Informers. Stand by me and we'll keep them out. The Candles were put out: Maccave drew his Sword, and made passes over the Hatch; says Rook, the Constables seem very strenuous, let them come in, perhaps they're come in search of some particular Person. Maccave reply'd D - n ye, the first that offers to come in or go out, or to mention any ones Name; I'll run my Sword thro him. Brickbats and other things were thrown out of the Window, that he knew Mac-cave very well, having often Gam'd with him. Charles Depontu < no role > deposed that when the Constables came, the Candles were put out, he saw Mac-cave draw his Sword and making several Passes at Vaughan forced him back. The Constables askt them if they'd surrender, and Maccave said, come here and I'll surrender with my Sword in your Body - A Constables staff was broke and the Constables forc'd to retire; Brickbats and Alehouse Pots &c. were thrown at them out of the Window, that he had gamed with Mac cave and knew him very well; and that he had known Vandernans to be a common Gaming House for 9 Years past; being cross examin'd he said he was apprehended for one of the Rioters; and as such, had been kept in the Gatehouse ever since. John Randal < no role > , the Box-keeper at Vandernans, deposed that the Gamesters were playing at Hazard, the outward Door open: but the Hatch within was shut, before the Constables could pass it: the Candles were put out, and Mac-cave had a drawn Sword in his hand, that the Door was open'd to let out one Butler a reputed Highwayman, and that he had known Vandernans to be a Gaming house 8 or 9 Years past; George Stewart < no role > deposed the Gamesters were at Hazard when the Constables came, the Candles were put out, Mac-cave made Passes over the Hatch with his drawn Sword and swore none should go out or come in; they were askt to surrender, and somebody answer'd: yes, we'll surrender with our swords in your guts. He had known Vandernans, to have been a common Gaming house 3 Years. Several Witnesses said, that the Riot lasted from 11 at Night, till two in the Morning.

The prisoner's Council, in their Defence, call'd Mr. Leach and his Wife, and Ralph Ayres < no role > , who depos'd, that Dun and Galloway came into a Brandyshop opposite to Playhouse Passage, soon after the Riot began; and staid there till 2 in the Morning; except that they went out together for 10 Minutes. Ann Lewis < no role > depos'd, that Dun was no Gamester, but a laborious industrious Man. commonly working till late at Night at his Business, which was Peruke making. For Mr. Maccave, they call'd Mr. Heybourn, Mrs. Heybourn, and Mary Hudson < no role > , who liv'd in Vandernan's House, and they depos'd, that Maccave, about half an Hour before the Gun was fir'd, came up stairs, and got out of a Window over the Houses. Jane Lloyd < no role > depos'd, that about that time a Man came in at her Garret Window, which she found afterwards to be Maccave

The King's Council, by way of Reply, read Galloway's Confession before Justice Wickham, in which he own'd, that about 12 at Night he saw Mr. Freeman in the Crowd, who pull'd Dun along with him, and they all three went to Leach's Brandyshop; and that they all went backwards and forwards betwixt that Shop and Vandernan's, several times during the Riot. Mr. Williams then depos'd, that the Gun was not fir'd till 2 a Clock, which was just at the close of the Riot. The Jury found them all guilty .

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]




View as XML