466. + Edward Morgan proceedingsdefend of St. Butolph , without Aldgate , London, was indicted, for that, he together with Michael Burchall < no role > , James Diamond < no role > , William Harding < no role > , (not taken) with divers other persons to the Jurors unknown; not having God before their eyes, &c. On the 21st of August, in the 18th year of his Majesty's reign , upon James Sparkes proceedingsvictim in the peace, and God, and our said Lord the King then and there being; feloniously, willfully, and of their malice aforethought, did make an assault, and that he the said Michael Burchall < no role > , with a certain wooden stick, of a small value; which he the said Michael Burchall < no role > , then and there had and held in his right hand, upon the back part of the head of the said James Sparkes < no role > , did strike, giving to him the said James Sparkes < no role > , upon the back part of the head, one mortal wound of the breadth of one inch, and the depth of a quarter of an inch, of which mortal wound he languished, and languishing did live from the said 21st day of August, to the 7th day of September, on which said 7th of September, at the said parish of St. Mary, Whitechapel, of the said mortal wound the said James Sparkes < no role > did die; and that they the said Edward Morgan < no role > , James Diamond < no role > , William Harding < no role > , &c. were aiding, assisting, abetting, comforting and maintaining the said Michael Burchall < no role > , to commit the said murder; and there fore that the they said Edward Morgan, James Diamond, William Harding < no role > , &c. the said James Sparkes < no role > , feloniously, willfully, and of their malice aforethought, did kill and murder, against his Majesty's peace, his crown and dignity .

There was no indictment produced against him by the Coroner.

Thomas Dadley < no role > . I am a watchman of Portsoken Ward, on the 21st of August last, I was beating the hour of 11 o'clock, some men were coming along, and one of them struck my lanthorn with his stick - I don't know who did it.

Q. How many of them were there?

Dadley. I believe about ten.

Q. Where was this done?

Dadley. In Aldgate High-street ; when he struck my lanthorn, I asked him what he hit my lanthorn for, upon that one of them came up to me and threw me down; I called out to the watch to assist me; as soon as I got up, one of the watchmen, (Cartwright by name) said, there is one of them gone up Checquer-yard , let us make sure of him; we went up Checquer-yard , and some of them followed us up the yard, but he got away. I lost my staff, one of them with a cutlass, or a hanger, offered to strike me over the head. Sparkes had several cuts upon his head, he was cut very much, and his arms and wrist were very much bruised.

Q. Where was he carried that night?

Dadley. He was carried home, and the next day he was carried to the London infirmary.

Lancelot Howlett. On the 21st of August, about 11 o'clock at night, I was in the watch-house, and hearing a noise in the street, I went out; Dadley, he cried out murder; I went to his assistance, and found him upon the ground, upon his breech, and helped him up.

Q. Was there a great number of people there?

Howlett. There was a great possy of people with hangers drawn - I believe about 10 or 11, but I can't be sure in the dark. We began to play with our staves as well as we could, and then Cartwright, another watchman, came out, and played away. Parker, and Appleby a poor, honest, innocent man, were cut down at once.

Q. How many were there of you?

Howlett. There were six of us in all, Dadley, Sparkes, Cartwright, Parker, Appleby, and my self.

Q. Did you distinguish any of the persons that were there?

Howlett . Yes.

Q. Who did you distinguish?

Howlett. Mr. Morgan.

Q. Did you know him?

Howlett . He kept the tap at the Bull-Inn, I have known him about three years.

Q. Do you consider what you say, this is a very material case, whether he did any thing, or whether he was only a looker on?

Howlett. When Parker, Sparkes and Appleby were knocked down, Morgan pursued me, and I jumped over Mr. Appleby, and Morgan was flourishing his stick at me, but being pretty nimble, I got out of the way, and I bid Appleby go into the watch-house, for he had got enough already. Then I saw Mr. Rawlinson, a Tallow-chandler, come to my assistance; one of the watchmen was going to knock him down; and I said, What are you going to do, don't meddle with him, I know him. Morgan was flourishing one of the watchmen's staves and said, You villains, what will you do, I will knock your brains out?

Q. How long was this after the watchmen were knocked down?

Howlett. About a quarter of an hour.

Q. How do you know it was Morgan?

Howlett. When Morgan was flourishing the staff, I asked Rawlinson , who that was, that was flourishing his staff, and he said it was Morgan, who keeps the Seven Stars in Whitechapel - Morgan said, You wicked vile Rascals, if you come up I'll knock your brains out.

Q. What was the meaning of this, did you give them any provocation?

Dadley. No, one of them that was in company hit my lanthorn, and I said, Why do you use me so?

Q. Was there any quarrel?

Dadley. There were some fractious words; I might say some, and they said some again.

Q. When these people came up, did you see Morgan among them?

Dadley. No, I did not see him.

- Cartwright. On the 21st of August, I was at the watch-house, and hearing an outcry of watch, I came out and saw several men, either with sticks, or other weapons, assaulting Thomas Dadley < no role > ; he cried out, he was down, and I went to see whether the person had a hanger, or a stick in his hand. I went to a public house to get some assistance, and was knocked down again. I went to make sure of one that went up Checquer-yard , and we knocked him down. They beat me in a terrible manner, but it was so dark, I could not see who they were.

Q. What did you knock the man down for?

Dadley. Because they knocked me down several times.

Thomas Rawlinson < no role > . I was invited by Mr. Baker who keeps a public house where these persons dined, to dine there; I told him I could not be there at dinner upon account of business, but would be there in the evening; we all came out of the house together about eleven o'clock. I said to Mr. Morgan will you go home with me and drink a bottle of cyder, which he agreed to do, for I found the company (who were some of the crew belonging to Commodore Anson's ship the Centurion) were in liquor, and I did not care to keep them company. As Morgan and I were going quietly along, I heard a cry of watch , upon this outcry I saw one of the watchmen come running, and another after him, and they run down Checquer-Yard . I did not go down the yard but stood at the end of the passage, and heard a cry of murder; the lieutenant, I forget his name now, stood at the end of the place; the watchmen came up to the lieutenant and he had his hanger drawn, I said don't cut any body, he said. - d d - n them I'll fight for my King and Country.

Prosecutor's Counsel. Did you see Morgan then?

Rawlinson. No, I did not; I don't know what became of him.

Q. Did you see him afterwards?

Rawlinson. I saw him come down the Butcher-Row in Whitechappel with a stick in his hand.

Q. What sort of a stick was it, was it a watchman's staff?

Rawlinson . I don't know what it was, whether it was a stick or a staff. - I can't tell what it was for I did not see it.

Q. You must see it, or you could not tell whether he had any or no?

Rawlinson. Indeed I did not know what sort of a stick it was; then two of the watchmen came up, and one of them said he would knock me down, and the other said don't knock him down. - This was as I was standing at my own door. Howlett was one of the watchmen that came up to me.

Prisoner's Counsel. Do you know any of the persons concerned in thi s fray?

Rawlinson . I know none but Morgan and Harding.

Q. You spoke of a lieutenant?

Rawlinson . Yes, they said he was a lieutenant.

Prisoner. Ask Mr. Rawlinson when the fray began, how far he and I were distant from the place where it began?

Rawlinson . I believe we were arm in arm at that time, I take it to be about 40 yards from the place where the fray was.

Rob Robinson < no role > . I had been beating my rounds in Houndsditch, and hearing a noise I went into High-street, when I came to Black-Horse-Yard I crossed the way, and saw Mr. Rawlinson with a French horn hanging upon his shoulder, and one of the watchmen came up to him and said, What are you one of the gang, and went to strike at Rawlinson; but I told him he was a neighbour and a housekeeper, and desired he would forbear. While I was talking Mr. Morgan (as they said it was) came flourishing his staff in his hand and bid them defiance, and retired directly towards the bars .

Q. Did you know him?

- Robinson I was eight or nine yards off, and I could not distinguish him at that distance.

Q. What sort of a staff was it?

- Robinson. I think it was a watchman's staff.

Q. Was it after the watchman offered to strike Rawlinson that Morgan came up?

- Robinson. Yes, it was afterwards.

William Day < no role > . I am Beadle of Portsoken Ward, I was not present at the fray, but the day after this fray happened I went to Morgan's house, and told him I heard he had been in this fray and was very sorry for it; he said he was in the fray but it could not be helped: he said one of the company had been a good customer to him, and had hired his horse to go to Portsmouth, and he had engaged him to be there; he said I did a foolish thing in bringing a staff away.

Q. Did he say he took it from any body?

Day. He said he saw several staves lying upon the ground, and he thought it was a fray among the Butchers, and that the staff belonged to one of them; and he said he neither gave nor received a blow from any body, and shewed me his head to let me see that he had not received any blow: said he, do you think I would engage in such an affair as this? I said in an engagement they are not all killed, one falls on one side, and another on the other side, and a man in the centre may stand: he owned that he had a staff in his custody, and a scabbard of a hanger. I desired he would let me see them; he said he could not let me see them then, for his wife had them and she was not in the way, but I never could get the fight of them: I desired he would not let the scabbard go by any means, for it must be produced in Court. I asked him how many hangers there were, he said he was sure there was but one; I said there must be more than that, for we had got two. I advised him not to fly for it, but whenever the warrants were issued out to surrender himself, but he did not.

Eleanor Sparkes < no role > . I attended my husband in his last moments, and asked him if he knew any of the persons who had done him the injury, and he said the man at the Seven Stars [Morgan] and the man at Stepney [Harding] had done his business for him, and that he was a dead man.

Mr. Harrison, Surgeon. I was present at the London-Infirmary at the time Sparkes [the deceased] was brought in: there was one Dadley and a third Watchman brought in as wounded in this skirmish; one of them had a broken skull. The Deceased had two wounds, one on the fore part of his head, a little above the ear; that was the wound his death was principally owing to: the other wound was on the back part of the head, but of no great consequence. - He was brought into the Infirmary the 22d of August, and died the 6th of September of those wounds.

Q. to Howlett . Did you see Rawlinson there?

Howlett. Yes.

Q. Had he a french-horn?

Howlett . Yes.

Q. When the Watchman came up to Rawlinson, when he had the french-horn, and offered to knock him down, was that before or after the fray?

Howlett. It was after the fray was over.

Q. to Rawlinson. Did you and Morgan come out of the house together?

Rawlinson. Yes.

Q. Did Morgan leave you before the outcry?

Rawlinson. No.

Prosecutor's Counsel. Was Appleby knocked down upon the first outcry of murder, or when?

Howlett . It was upon the second outcry of murder - after Dadley had called out murder - when Sparkes was knocked down, he was pretty near to Appleby .

Morgan. Ask Howlett , whether he has not declared in several publick-houses, that he would hang me without Judge or Jury.

Howlett . No, I never said so. How could I say so, when it is not in my power?

Q. Did you say so, or no?

Howlett. I never did say so.

Morgan. I can prove he said he would hang me without Judge or Jury.

James Leveret < no role > . That man, they call him Dumpling, but his name is Howlett , I think about 2 or 3 days after this misfortune happened, I was saying that the Prisoner is a very honest man, and it is a pity such an accident happened to him. He happened to hear what I said, and said, D - n you, what do you mean by taking part with such a rogue as he is? I thought by that he was no friend to Mr. Morgan; and I said, I believe you are no friend of his. He said, No, damn him; I would hang him without Judge or Jury.

Mr. Ashley . Mr. Morgan is a well-disposed man, a man, that I believe would not swear an oath; he is the most peaceable man of any in the world; never any bore a better character. I deal with him.

Mr. Fuller [the brewer.] I have known him personally about three quarters of a year, and he always, to my knowledge, behaved in a sober, regular manner, as an honest, quiet, industrious man, and bore an exceeding good character.

Mr. Wright . I have known him about a year and an half. He is a peaceable, quiet man, I have heard so before I knew him: he bears a very fair character. I was in the Infirmary while the Watchmen were ill there, and asked them, how they came by their hurt? They said it was by some of the men of war's men belonging to the Centurion.

Thomas Hitchcock < no role > . I have known the Prisoner about 6 or 7 years. He bore the best of characters. I never heard him swear, nor saw him fuddled in my life. He is a quiet, inoffensive man.

Reuben Harding < no role > . I live within half a score doors of him: I have known him 8 years: his character is that of a sober , honest, sedate man.

Mr. Overbury . - I kept the Castle in Fleet-street. I have known him 3 years; and during that time he behaved as a quiet, peaceable, inoffensive man. Acquitted .