386, 387. (M.) Thomas Gilberthorp proceedingsdefend and John Green proceedingsdefend were indicted for the wilful murder of Thomas Smith proceedingsvictim , the first for shooting him with a gun loaded with gunpowder and leaden shot, and the other for aiding, abetting, comforting, and maintaining him to do and commit the same , April 20 . *

Paul Heritage < no role > . I am a white-smith; I was coming from Wapping-wall on the 20th of April in the evening, about a quarter before nine; I turned round on my left-hand, and crossed the kennel in New Gravel-lane.

Q. Where does Mr. Green live?

Heritage. He keeps a public-house at the end of New Gravel-lane ; I heard a gun fire over my left shoulder, to my opinion it came from a two pair of stairs window in Mr. Green's house; I saw the smoke in the front of his house.

Q. How near was you to his house?

Heritage. I was within six yards of it.

Q. Did you see who fired it?

Heritage. I did not; directly observed a man about three yards before me, he took hold of his left thigh, and said, O Lord, I am dead, I am dead, I am dead, I am shot; I was willing to get out of the way; I came directly to New Crane-stairs.

Q. Was there a mob there?

Heritage. I saw no mob there at that time, there might be people passing and repassing.

Q. Did you know the man that was shot?

Heritage. I don't know that ever I saw him in my life before.

Q. Did you observe any body in Green's house?

Heritage. No, I did not; I believe the house was all fast to the best of my knowledge; I had heard there was a tumult before I came there; they got lights up in the windows, otherwise the windows would have been broke.

Q. Did you see the dead body afterwards?

Heritage. I did not.

Q. Had the man said or done any thing?

Heritage. I did not hear him say or do any thing; he was meeting me; he might make a stop, I do not know.

Q. How many people might you see in the street at that time?

Heritage. There was him and a woman, and I met two or three people going to and fro, I saw nobody standing still; I had been at Mr. Cliff's at Wapping-wall, an hour and a half, or more; the landlord of the house came home and said, here is a piece of work, they are putting up lights, I'll put up no lights for them, it is Wilkes and coal-heavers for ever; I said if I see cause, I'll put up lights, or I shall have my windows broke too.

Anne Davis < no role > . On the 20th of April I was going to the tallow-chandler's for some candles, between eight and nine at night; I saw no disturbance, I did not pass three people in the streets; the houses were all lighted up at that time for Mr. Wilkes; I was in Wapping-street, a little distance from Mr. Green's house on the other side the way; I met the cobler that was killed.

Q. What was his name?

A. Davis. I do not know; I observed a flash of the pan come out of Mr. Green's two pair of stairs window; I heard the report of a gun; the cobler held me by my gown; I said to him, pray let me go; he said, Mistress, I am killed, I am killed, I am killed; I lost my senses; I looked down and saw blood run from him on the ground; I got from him and made my escape to Mr. Axford's door, after that I was carried home.

Q. Did you see or hear any mob?

A. Davis. There was mob about half an hour before that; there were people running about calling out Wilkes for ever.

Q. How many people might there be in the street when the man was shot?

A. Davis. There might be a dozen for what I know; they called out for candles to be put in the windows; I heard no other cry but Wilkes for ever.

Q. Did the cobler die?

A. Davis. He did, I saw him dead the next day lying in a shall; I did not see the wound.

Q. What was his name?

A. Davis. I do not know; Mr. Green's house was shut up, and his one pair of stairs windows were full of candles.

Q. Do you know who were in his house at that time?

A. Davis. No, I do not.

Q. Were is windows whole then?

A. Davis. They were all whole at that time?

Q. What do you know against either of the prisoners?

A. Davis. I know nothing at all against them.

Gilberthorp's defence.

I know nothing of what I am charged with.

Green's defence.

I know nothing more than this, I never fired a gun till I was under the greatest necessity to preserve my own life and property; upon their threatning my wife and family, they had laid from my house not less than a fortnight before this, under apprehensions that we should have our house torn down over our heads; there never was a gun fired out of my house, but when we were under the greatest necessity to exert ourselves to keep them from breaking in.

For the prisoners.

Thomas Overstall < no role > . On Wednesday the 20th of April, between eight and nine, near nine in the evening, I had been at the barber's shop; passing by Mr. Green's house going to Mr. Wallis's, I met a friend that had lodged with me about 8 years; I asked him to go with me there to drink a pint of beer; he said, they are shut up; we stopped talking together two or three minutes, there came up about half a dozen men; they said, who are you for, to one another; one said, I am for Wilkes; d - n you, said others, I am for Bute; after that they began to swagger with sticks to one another over their heads; we went away directly; my friend went cross the way, the people heaved stones from the streets to the windows of Mr. Green; there were a great number of people in the street, who they were I cannot tell.

Q. How near was you to Mr. Green's house?

Overstall. I was within three or four doors of it when the man was shot; there were stones thrown up at his windows to storm his house, and very bad language going forward; I saw brickbats and something of a light cast thrown up at his windows; the woman was putting up lights out at the time in his house, that was before the cobler was killed.

Q. Did you see the cobler fall?

Overstall. No, I heard him, but I did not go to look at him, I heard him groan.

Q. Where do you think the shot was delivered from?

Overstall. I do actually think the shot was delivered in the street, I heard the gun go off; the flash of the powder seemed very low, and I saw a man jirk something under his jacket, either a truncheon or somewhat, I could not tell; I suspected it was him that shot?

Q. What do you mean by the word low?

Overstall. It seemed to be near the ground.

Q. Do you think it could be from a two pair of stairs room in Green's house?

Overstall. No, I think it could not; I saw that man that jirked something under his jacket the next morning firing at Mr. Green's house many times.

Q. What is his name?

Overstall. I don't know his name.

Q. How near Mr. Green's house was you, when you saw that firing which shot the cobler?

Overstall. I was about fifty yards from it; I never heard any other gun fire that night till between ten and eleven o'clock.

Q. Did you observe where that man stood at the time of the flash?

Overstall. No, I did not.

Q. Was it on the same side the way Green's house is, or the other side?

Overstall. It was on the same side, about four or five yards from his door-way, just in the alley that comes round the back part of his house.

Q. Do you know the cobler's name?

Overstall. No, I do not.

Q. How long had you been there before that gun was fired?

Overstall. I believe about six or eight minutes; there were numbers of people in the streets passing and repassing, but who they were I do not know; I did not see it, but I was told there had been rioting before.

John Harrison < no role > . I am a shipwright. On the 20th of April in the evening I was in this place, it was nearer nine than eight o'clock; when I came almost opposite Mr. Green's house, I met Mr. Overstall; he asked me to go back and drink a pint of beer to Mr. Wallis's; I stopped some time; there came some men, six or eight of them, from New Gravel lane, in a riotous manner, some with sticks; they said to one another, who are are you for; one said for Wilkes, another said for Bute; we parted; I had not gone the distance of ten yards, I heard some stones throwed, one of them fell near me; I looked round, and instantly a gun was fired; I ran round the corner and stood there, then I thought. myself safe; I recollected my friend, I heard somebody squall; then I went back and found a man breathing very hard, leaning towards the houses; I cannot say I saw the flash, nor can I form any judgement from whence the piece was fired; my back was towards them when the stones were thrown; the man that was killed was a stranger to me.

George Club < no role > . On the 20th of April I was in my own shop at the time the cobler was shot, that is about twenty paces from opposite Mr. Green's door; I heard the gun go off, I said to my wife, that is exactly at my door, my shop was shut up; I heard somebody shriek out; I looked upon it, it was to throw an aspersion on Mr. Green, that they might have the more reason to fall upon his house, there was a great deal of noise in the street. After the man was shot, I went up and looked out at my chamber window; there was a great deal of mobbing in the street before the gun went off, of shaking their cutlaces together, and striking them against the wall, I could hear them ring, calling out Wilkes and coal-heavers for ever; I saw the man from my window lying, and the blood running about him; this might be about three or four minutes after the gun went off; I could see this by the candles, they were lighted up at the windows; I did not know the man, by report he was a shoemaker or a cobler.

Mrs. Club. I am wife to the last witness. About eight o'clock that night I was in the highway, I met some young men running along; I had a young woman along with me that was not capable of walking fast; they desired me to go into some house; when I was got about half a quarter of a mile, we saw about eighteen or twenty coal-heavers, some with sticks, some with cutlaces, a little below Shadwell; the person with me being big with child, I told her I could call out Wilkes and liberty too for us both, and bid her not be afraid; some young men in leather aprons, I believe they were shoemakers, they desired me to get into some safe place; I made for home; when we got home, I said to my husband, why do not you shut the door, they are coming; immediately Mr. Green's windows smacked with stones, or something which they throwed; I heard the people say, they would have Green's life that night; I went to light candles, I heard a firing; I said to my husband, that is not at Mr. Green's house; he said, no, my dear, that is at our door, it seemed as if directly at our door; I saw a person pick up stones and break Mr. Green's windows, before our windows were shut in; I saw the shoemaker out at our window lying before he was dead; he was a stranger, I do not know his name; I remember one day about the beginning of that week, the coal-heavers took Mr. Green by the collar, and said they would have him ducked among the rest, this was at his own door.

Mary Taylor < no role > . I live in Gravel-lane facing Mr. Green's. On the Saturday before the 20th of April about nine in the forenoon, there was a whole mob of coal-heavers assembled together at Mr. Green's door, the street was full; they said they would have his life; one of them got upon the steps and took him by the collar, and said, you villain, we shall have your life; they continued there in that riotous manner about a quarter of an hour, then went away; they returned again on the Sunday morning, I heard them break his windows; I got up and looked out at my window, this was about one or two o'clock, they were breaking the lower shutters; there were more of them I believe than there was on the Saturday; several of them said they would have Green's life, and throwed stones up at his windows; they said they would have his heart out and broil it; they tried to break the door; they might be there till about four o'clock, when it was day-light; they threatened his life all the time, from the Saturday till the Wednesday. On the Wednesday night between seven and eight at night, there was a large mob of coal-heavers at the top of New Gravel-lane broke several windows, and pulled the frames out at a public-house called the Sheep and Shears, and let all his liquors out, and destroyed the goods in the house; every body were shutting up their shutters as fast as they could; several of the mob went down Wapping-wall with drawn cutlaces in their hands; when they came to the sign of the Queen landing, they ran their cutlaces through the windows; then they came back again to Mr. Green's, he was then shutting up his shutters; he had not time enough to bolt them; he called out, for God's sake, for somebody to hold them while he bolted them with inside; I went and stood upon a post, and held the bolt till he fastened it within; they soon came and throwed stones up to his windows, and called Green, you bougre, why don't you fire, Jack Green, why don't you fire; after they had broke his windows they ran away; presently after I was looking out of my own door, I saw a flash of fire, but where it came from I do not know, it seemed to be half a dozen doors from me; the flash came from a distance from Mr. Green's house; it was then that the cobler was killed; there were a great many people in the streets at that time; after the cobler was wounded, the mob surrounded the house with throwing of stones. Last Saturday night I said I would be a witness here for Mr. Green; Mr. Maplan came into my house and swore I should not come; he and his daughter used me ill; he lives next door to me.

Both Acquitted .

(M.) John Green was a second time indicted for the wilful murder of William Wake proceedingsvictim , by shooting him with a certain gun loaded , &c. April 20 . *

The witnesses were examined apart.

Thomas Axford < no role > . I keep the Swan and Lunb, a public-house near New Crane ; William Wake < no role > had not been gone out of my house much above five minutes that Wednesday night before he was shot, which was much about nine o'clock; I saw him just by Green's house upon the flap of his cellar window.

Q. Was there a mob at that time?

Axford. There was; they reported several scandalous words against Mr. Green, but who shot Wake I do not know; I will tell the whole from the beginning. There happened to be a disturbance in Ratcliffe-highway on that Wednesday; about eight at night there was a report came to shut our windows up, there was a mob coming; I and all my neighbours round got our windows up; soon after that they came running by, calling out Wilkes and liberty, and coal-heavers for ever; I believe in about two minutes after that, two men came running, d - n you, light up your candles for Wilkes; upon which I went and pulled down one end shutter and a young fellow the other, and light up one candle below stairs in the front, and illuminated my house above; I went to the door and saw every house round me was illuminated; Wake came into my house with a servant maid that lives not five hundred yards from me, they had a glass of gin and bitters; I asked him what they had done with Mr. Wilkes; he said he is cleared till the parliament sits, then he is to be tried by the House of Lords; I said, I am very glad to hear it; the girl that treated him desired him not to go among the mob; he followed her out and went cross the kennel, what he did after that I know not.

Owen Harrington < no role > . The night this happened I heard a report in the neighbourhood of a murder being committed by John Green, opposite his house, which occasioned me to go and see; when I came to his house I saw William Wake < no role > cross the kennel a little bit more than John Green's house; I had no watch about me, nor did I see a dial, I take it to be about nine o'clock, at the time Wake came opposite John Green's bar-window, betwixt the post and the kennel; I saw John Green put his head out of a window in a one pair of stairs room, he put his arm out and most part of his body with a blunderbuss or a gun, and shot William Wake < no role > dead; I was within the space of three or four yards of Wake.

Q. Was there a mob there?

Harrington. From the end of Wapping-wall to New Crane as I could see in the street, to the best of my knowledge there were not above a dozen people.

Q. Are you sure of that?

Harrington. There may be more, for I could not see them; there may be three or four in a place, and two or three in another, there may be more in another.

Q. What were they doing?

Harrington. They were doing nothing at all as I saw.

Q. What had Wake in his hand?

Harrington. His left hand hung down as low as his hip, and may be lower, his right arm as if it was in his bosom; he had nothing at all in his hand.

Q. What distance was he from Green's house when he was killed.

Harrington. He was about four or five yards, I don't know the distance, I have not measured the place; I will not do any thing to hurt my soul; I take it to be the common distance as between a house and a post.

Q. Was he in the foot-way?

Harrington. He was.

Cross examination.

Q. What is your profession?

Harrington. I am a Roman catholick.

Council. So much for your religion, now for your trade; you do not live by your religion I suppose?

Harrington. I am a coal-heaver.

Q. As you are a Roman catholick, will you swear there were no more but a dozen people there at that time?

Harrington. No, I will not.

Q. Will you swear there were less than fifty before Green's door?

Harrington. I could swear there were but a dozen.

Q. Do you think there were less than twenty?

Harrington. There were not twenty.

Q. Do you think there were ten?

Harrington. I am sure there were not ten.

Q. Did you see Green's windows?

Harrington. I did.

Q. Were they broke?

Harrington. I cannot say the sashes were lifted up.

Q. What were the people doing?

Harrington. They were passing by, or standing; they were such as I saw in the streets.

Q. Do you think these men had not threatened Green that were bef ore his door?

Harrington. They may threaten him, or may not, for what I know.

Q. Did you see any brickbats throwed?

Harrington. No.

Q. How do you imagine the windows came to be broke?

Harrington. They must be broke by somebody.

Q. What people?

Harrington. I do not know.

Q. Do not you think the people that were met together had broke the windows?

Harrington. I am upon my oath, I do not know whether they broke them or not, I did not see them break them.

Q. Did you think they did?

Harrington. How can I tell.

Q. Do you think they did not?

Harrington. I do not know whether they did or not.

Q. Do you think these people were met together to do not harm?

Harrington. I do not know that, I do really think what brought people about the house first was, as a murder was done they came as spectators; I saw no mischief done at all.

Q. Do you think, if any damage was done to the house, the mob did it?

Harrington. I do think so, I did not see it done, so I will not be positive.

Q. How long might you be there?

Harrington. I think, as nigh as I can guess, about five minutes; I got away when I saw the murder committed.

John Matthews < no role > . When Wake was killed I was on the other side the way; he came up to Green's house (this was nigh ten o'clock;) I was standing close to Green's house; Wake said Green must be a vile man for shooting people going along the street; then he walked towards Green's door; I saw Green stretch himself out and fire, I do not know whether it was a blunderbuss or a musket, the man dropped down dead.

Q. How many people were there at that time?

Matthews. There were a great crowd, a very great crowd about the place.

Q. What were they doing?

Matthews. I did not see them doing any thing.

Q. Did you see the windows broke?

Matthews. I saw none broke at that time.

Q. How long had you been there?

Matthews. I had been there the space of half an hour.

Q. What was Wake doing at the time he was killed?

Matthews. He was doing nothing, he had his hand in his breast, and the other down.

Q. What distance was he from Green's door?

Matthews. He was about a yard from the step of the door.

Cross examination.

Q. What is your business?

Matthews. I get my living by ballast-heaving.

Q. Are you not a coal-heaver?

Matthews. I never heaved a coal in my life.

Q. What was Wake?

Matthews. I do not know but that he might follow coal-heaving.

Q. Where was you when he was killed?

Matthews. I was about twelve yards from Green's door on one side, not in the foot-path.

Q. What made you stand there so long?

Matthews. I was amusing myself, and when I heard the man was killed I walked off; I thought they were going to kill a great many more.

Q. What distance of time between the killing the cobler and killing Wake?

Matthews. About a quarter of an hour.

Q. What occasioned you to stand still?

Matthews. To see what was going on.

Q. Who was it that was pulling down Green's shutters?

Matthews. I saw no body at that.

Q. Did not you see the windows had been broke?

Matthews. I know they had been broke before, I saw no windows breaking at that time, I could not see because the shutters were up.

Q. Were the shutters broke?

Matthews. I cannot tell that.

Q. Will you say they were not broke?

Matthews. I cannot say whether they were or not; I did not go nigh the place, there was a crowd before I came there, of men, women, and children.

Q. Were there any coal-heavers there?

Matthews. I cannot tell.

Q. Can you upon your oath say there was not a mob of coal-heavers there?

Matthews. I cannot tell what they were.

Q. Have you a doubt whether they were a mob of coal-heavers?

Matthews. There might be some coal-heavers among them?

Q. What was Wake doing?

Matthews. I saw him making up towards the door, before I could say Lord have mercy upon my soul, he was dead.

Q. Was there not a noise?

Matthews. There was not, only asking Green to surrender himself.

Q. What did they say they would do with him?

Matthews. I did not hear them say they would do any thing with him.

Q. Did you hear no beating against the windows?

Matthews. No.

Q. Did you see no attempt to break the door or windows?

Matthews. No.

Q. Did you know any of the people that were there?

Matthews. I only knew Owen Harrington < no role > by name.

Malachi Doyle < no role > This name instance is in set 3677. . I am a shipwright by trade, but have worked at coal-heaving some time; I was at the King's Head in King-street, drinking with some friends; I heard a report there was a man and woman killed by Mr. Green, opposite his house; I started up, and said, I shall go and see how it was; the landlady said, I shall not, (there was neither dial or clock, I do not know the time;) she said she would go and see, she returned in about eight minutes, and said there was a man shot by John Green.

Q. How far is the King's Head from Green's house?

Doyle. It is something better than half a quarter of a mile distant; I sat some time, and heard two muskets go off; I got up, and we all went down the street, and he that could run the quickest got there first; when I got there I saw sixteen or a dozen people, every window was illuminated.

Q. Were there no more do you think?

Doyle. There was a score at most, to the best of my knowledge; I saw the soldier, William Wake < no role > , go out of the Swan alehouse, and came close to Green's house; he stood with his right-hand in his bosom, dressed in his regimentals, within eight or nine yards of Green's door; he came close to post at Mr. Green's door; I said, what is all this, if this is the case it is no place for me to stay in; I made haste to Mr. Axford's door, I saw Green put his body out of a window with a fowling-piece or musket; he waved it to and fro, at that time there were two men close by his door; Wake was at that time betwixt the post and the kennel, within two or three yards of where the men stood.

Q. What were these men doing?

Doyle. Nothing at all as I saw; one stood at a distance from the other close to the door; there was a report, get farther off, get out from under the door, or you will be shot; he that was farther from the door ran in under the shelter of the door; Green planted his gun down to William Wake < no role > , and shot; Wake stood a very little time after he was shot before he fell; I went in at Axford's, and made a report that William Wake < no role > was dead; some of the people said he was just gone out at the door.

Cross examination.

Q. How long was you in the street near Green's house?

Doyle. I did not stay near his house above two minutes before I went to Mr. Axford's house.

Q. How long did you stand at Mr. Axford's house?

Doyle. I staid there about three quarters of an hour.

Q. Was all quiet in the street when you was in the street?

Doyle. All was quiet there then, only Mr. Green shot Wake.

Q. Did you see no mobbing or disturbance?

Doyle. No.

Council. No window broke?

Doyle. No.

Council. No shutter broke?

Doyle. No.

Council. No threatening at all?

Doyle. No.

Thomas Maplan < no role > . I was drinking a pint of beer at a public-house in Ratcliffe-highway; a woman came in, and said, Mr. Green had shot a cobler; I thought it time to come home. I came out of the house; when it had struck nine I came home, and said, what is the matter; they said, Mr. Green is shooting every one that goes past; I saw him look out at a window, and fire directly; the people then said there is a soldier shot.

Q. How near to Green's house is that you was drinking at?

Maplan. That is about half a quarter of a mile distant; I did not go into my house, but stood at my own door, which is over-against Green's house; there were several men standing there.

Q. Did you observe Green's windows were broke?

Maplan. I did not observe that, I did not take so much notice.

Q. How many men were in the streets, were there an hundred?

Mapland. No, nor twenty neither?

Q. What were they doing?

Maplan. I did not know indeed.

Q. What are you?

Maplan. I keep a public-house, but work at coal-heaving.

Q. What was Wake?

Maplan. He was a coal-heaver when off his duty.

Cross examination.

Q. Are there not many coal-heavers use your house?

Maplan. No, not a great many, only they that work with me.

Q. How long was your house kept open that night?

Maplan. I believe it was all night, the door was open all night.

Q. What company had you there?

Maplan. Some coal-heavers and some sailors.

Q. Were they mostly coal-heavers?

Maplan. I cannot say they were, there were several coal-heavers in my house that night.

Q. Did not you hear Mr. Green's house was assaulted?

Maplan. No.

Q. What was the language of that company, did you hear any of them threaten Mr. Green?

Maplan. No.

Q. Did you hear any damage done Mr. Green?

Maplan. No, I heard the woman say, when she came to Mr. Nightingale's, Mr. Green had shot a cobler.

Q. Did not you hear his windows were broke?

Maplan. I did not.

Council. What not till now?

Maplan. I heard it before now, but not that day.

Q. Did you not that night hear brickbats had been throwed at his windows?

Maplan. No, I did not.

Mary < no role > M'Kenzie. I heard Mr. Green had killed some people; I went to my father's, Mr. Maplan, just facing Mr. Green's, and up to the chamber-window (this might be night ten o'clock;) I saw Wake coming along between a post and Mr. Green's door; Mr. Green put his body and hands out at a window, and waved a musket about, and fired, and killed Wake; I ran down, and said, Mr. Green has killed a soldier; Wake was between a post and his bar-window.

Q. How many people might there be at Green's door?

M' Kenzie. There might be about twenty people backwards and forwards.

Q. Did you see stones throwed at that time?

M'Kenzie. No, I did not.

Q. Did you see his windows broke at that time?

M'Kenzie. No, I did not.

Cross examination.

Q. When they told you Green was killing of men, did you hear nothing else?

M. M'Kenzie. Yes, people were crying out for Wilkes, and the mob were going along that way; then immediately I went to my father's, and to the one pair of stairs window.

Q. How long did you stand there?

M. M'Kenzie. I staid there a quarter of an hour.

Q. What were people doing?

M. M'Kenzie. I did not see any body doing any thing.

Q. Did you not go for the purpose to see what was doing?

M. M'Kenzie. Yes, I looked towards Green's house, but sometimes I ran down stairs.

Q. Did every thing appear very quiet?

M. M'Kenzie. There was nothing riotons.

Q. Then what were the people doing?

M. M'Kenzie. Only passing backwards and forwards, looking at the place, nothing outrageous.

Prisoner's defence.

I know nothing of shooting William Wake < no role > , nor no body else; but about the time they said a soldier fell, I was then desperately attacked; I had just let the constable in; the mob were crying, bring him down, that we may have him; all the arguments he could use, as long as he was able to stand in the front of my chamber-window, could not do to keep them peaceable; when that soldier fell, it was sometime after Mr. Carr the constable left me, I desired the magistrates might be sent for, in order that I might get relief; Mr. Carr staid as long as he dared; he said he wished he was out of my house with his life; I said to him, I hoped he would stay in my house, and vindicate my conduct; they were threatening my life, and attempting to force into my house best part of the night; Mr. Carr can best give an account when he came in the manner I was attacked, and the danger I was in, when he left my house, it was with the greatest reluctancy that I did fire, I was obliged to act in the manner I did, to preserve my life and property; I will call some witnesses, and leave my case to the honourable court.

For the prisoner.

James Carr < no role > . I am a constable; on Wednesday the 20th of April, about nine o'clock in the evening, there were about five or six of these men came to my house, and told me there was a man shot by Mr. Green, and desired me to go with them to take him in custody; they went to Justice Hodgson, and related the same story; he told them it was very odd he should be guilty of such a thing; if you have been guilty of rioting, he would have served you right if he had killed you all; the Justice desired me to go; I went with them; they said they would go, and aid, and assist me; I told them I desired no assistance, I desired them all to keep back; just as they got to the corner, they said, there he is; Mr. Green I imagine listed up the sash, and hallooed out Carr; I said I am come to see you, you have no antipathy against me; said I, I am come from Justice Hodgson, to know whether you will surrender yourself; he said, yes, but not to me only, without I had another officer; I was then in the street, going to fetch another officer; he called me back, and said, he would surrender to me; I went and staid a little time at the door; he shoved up the sash, and put out either a blunderbuss or a musket, and said, gentlemen, I desire you all to desist, for the first man that attempts to come into my house besides Mr. Carr, is a dead man; accordingly they did desist, and drawed about a dozen yards each way from the door; then he came down and unchained the door, with the fire-lock in his hand; I got in, and he fastened the door again.

Q. How many people might be there then?

Carr. I look upon it there were about fifty; when I was in I went up stairs; he took hold of my hand, now Carr, said he, I am happy (clapping his hand upon his breast,) that you are here to see into my conduct; I said, Mr. Green, I heard there has been a man killed by you, or through your means; his answer was, I am sorry for it, God rest his soul; there were a couple of panes of glass broke before I got in; I said, Green, have you any beer, let us have a draught, we were both thirsty; we drank, while we were drinking a pot of beer the riot began again; they desired me to bring him out, it was not in my power to bring him out, neither did I imagine he was safe in coming out with me; I begged of them, saying, gentlemen, for God's sake go away, and put three parts of my body out at the window, and said, go tell Justice Hodgson I am got into the house, and desire him to come here, and to go to the beadle, and bring the rest of the officers; accordingly they went for Justice Hodgson, but before he could come the mob got trying at the door with iron tools, and crawling up the iron at the door to get in at the window, and had their hands up at the penthouse, which is just over the door; I begged of them, for God's sake to des for I saw there would be some mischief; I said, stay a little, and I will give you all satisfaction to your own desire; Mr. Green happened at the same time to come and look over my shoulder; I saw some of their hands, he took a piece and fired it, and I suppose the soldier was killed by that firing; he put the piece quite perpendicular; I was affrighted myself, and would have given a million of money to have been out of the house, I thought my own life would have gone, there were brickbats and stones came in after the firing.

Q. What words did you hear at any time?

Carr. What words I heard were towards me, calling me thief, blackguard, and the like; when I looked out of the window I saw something in red clothes lie upon the left hand side the window; I heard a noise of instruments trying at the window, and I begged of them several times to desist; I only whipped out my head, and in again; Justice Hodgson came as fast as he could, he could not get within a dozen doors, for then there was a continual fire when they attempted him; he kept firing; I remember a large stone and a brickbat thrown at Green before the soldier was killed; the whole house was in great consternation.

Q. How long was you in the house?

Carr. I imagine I was in the house about three quarters of an hour; the mob continued in this manner; Mr. Green put a musket into my hand, and said, now Carr defend yourself and me; said I, do you mean to kill me; no, said he; I then crept down stairs, and opened the back door, and went out among them.

Q. What would have been the consequence, do you believe, if Mr. Green had not defended himself thus?

Carr. They swore, d - n them, if they would not have both him and me, and if they had me and him they would sacrifice us both.

Q. What would have been the consequence, if the door had been broke open, and the people come in?

Carr. I imagine, if that had been the case, I should not have been here now.

John Dunderdale < no role > . I am a shoemaker, I lodge in a room in Mr. Green's house; about eight o'clock the doors and windows were shut up; I was in my neighbour's room when the bell was going eight; I heard a noise, I went down stairs and asked Mr. Green if there was any disturbance; I was told there was, (the mob had been there on the Sunday morning before, they had broke the window shutters, and they were mended again,) the mob were striving at the windows and doors so break in, this was on the Sunday night.

Q. What was done on the Wednesday after?

Dunderdale. I cannot tell the time of the day exactly; there were some stones more or less came into the room; Mr . Green went to the window and said, I would advise my neighbours to get away, for I am determined to defend my house, I was then in the fore room; he called the maid, and said, let me have some candies, don't let me have my windows broke on the account of Mr. Wilkes or any one else? there were three of them lighting candles, Mr. Green was in the middle of the room; several stones came in while the candles were lighting up; there was some glass came against the girl's face: I heard the report of a piece, from whence it came I cannot tell, I was in the fore room, Mr. Green was about three or four paces from me along side me; I got out at a window on the top of the house and got away, and was out of the house at the time Wake was killed; the house was surrounded, and on the account of the concourse of people I could get out no other way; I heard a great noise from the people both before and behind; I heard them calling to the next neighbours to shut their windows and take in their lights; I went to the next door and staid about half an hour; then I went into the street among the people, I imagine I might be at New Crane corner when Wake was killed; I heard several pieces go off while I was there; a sailor climbed up to force the frame of the window, to get in, to get at Mr. Green, where the glass was broke; while I was in the house there were several pieces went off from the opposite window.

Mary Pugh < no role > . I was in Mr. Green's house when the riot began on the 20th of April; I had been out, and came home about five o'clock; I found the street door had been broke, and a piece of board had been nailed over it; I was told it had been done by the mob on the Sunday; I went up stairs, then we heard a noise below; I found several people were assembled about the house, I did not look out, but judged of the number by the noise they made; Mr. Green desired I would assist in putting up lights; he called out and said, my dear neighbours, I desire you will keep away, for I determine to defend my house all that is in my power; while I was putting up lights, I saw several stones thrown to the windows; I saw a flash of a pan which did not go off, from somebody in the street, it was intended against the dining-room window, then it was Mr. Green called out to the neighbours; I am sure I saw it, I believe it was the flash of a pistol; we stuck up several lights, but the clay was so hard which made it difficult to put them up; after that another piece was fired, but I could not tell from whence, whether from within or without, that I imagine was when the cobler was killed; after that I went up into a two pair of stairs room, there were stones throwing up all round the house; I went out of one room into another to avoid them; there was a great noise at the shutter and door of the house, they intending to get into the house; this might continue about three hours while I was in the house.

Q. Was you there when Mr. Carr came in?

M. Pugh. I was, he came in the time the riot was; I heard the mob say they would be the death of all in the house, not one should be saved alive.

Q. Was that before or after Mr. Green fired out of the window?

M. Pugh. That was before he fired, that seemed to be the voices of divers people; I apprehended myself to be in danger, and I dare say every one in the house; did I began to be so frightened, I cannot give a particular account; after this firing of Mr. Green, the mob got to be more outrageous; I heard firing almost the whole night, I made my escape out at the top of the house, and got into an empty house at pretty near twelve o'clock.

Q. to Maplan. Was there firing from your house?

Maplan. I saw no fire-arms in my house.

Q. Did you hear any?

Maplan. I heard firing all the night over.

Q. to Axford. How near do you live to Mr. Green?

Axford. I live about fifty yards from his house.

Q. Were there fire-arms in your house?

Axford. There were fire-arms brought into my house on the Thursday morning, but I do not know who brought them in; there was a man came to me as I was standing, and clapped a pistol to me, and swore he would blow my brains out if I would not let him go up into my garret to fire upon Mr. Green's leads.

Q. What time were the fire-arms brought into your house?

Axford. I believe they were brought in between five and six in the morning; there was not one fired in my house, there was one fired at my door.

Q. How many were brought in?

Axford. There were two muskets brought in, I took notice of no more.

Q. Upon your oath, when was the first brought in?

Axford. To the best of my knowledge there were none brought in till two o'clock on the Thursday morning.

Q. Was none fired from your house on the Wednesday night between nine and twelve?

Axford. There was not one.

Dunderdale. At seven in the morning on Thursday when I came in, I saw several pieces fired from the opposite side into Mr. Green's house, they were firing out of Maplan's house.

Q. to Maplan. What do you say to this?

Maplan. I never saw no firing out of my house; I heard firing, but did not know from where it was.

John Humphreys < no role > . On that Wednesday about 11 o'clock at night, I came out of the house of Mr. Martin at King James's stairs; when I came to Mr. Green's, there were some Irish coal-heavers seemed armed with guns, and some with hangers, about Mr. Green's house; there were Thomas Murray < no role > This name instance is in set 3690. and David Creamer < no role > fired into Mr. Green's house; there were an hundred seemed armed with bludgeons and broomsticks, some cutlaces and some guns; the next morning I saw several attempting to get into his house; I and two others went into Mr. Axford's house, I saw Abraham Cornwall < no role > load a gun there about eleven at night.

Q. What is Cornwall?

Humphreys. He is a coal-heaver, and has been a soldier; after I drank a tankard of beer I went home; Axford was drawing beer for us, he saw him load the gun as well as me.

Q. to Axford. Did you see a man load a gun in your house?

Axford. I did not see any man load a gun in my house; I did draw beer for some people.

Q. Upon your oath, did not you see Cornwall load a gun about eleven at night?

Axford. No, upon my oath I did not, I saw him do it in the morning.

Humphreys. I did hear them threaten to kill Mr. Green over night; they said, d - n their souls if they did not massacre him, this was about eleven o'clock; the soldier was killed before I came there; they continued about the house all night; at six o'clock I turned out again, there I saw Creamer and Murray firing into the house.

Eleanor Hill. I was in Mr. Green's house the 20th of April; he shut up his shutters about eight in the evening, I staid in the house almost an hour after that; they broke the windows when I was putting the lights up, I was obliged to run away when we were putting them up out at the back-door; I intended to return again, but I could not get in.

Q. What did you apprehend the people wanted?

E. Hill. I apprehended they wanted to get at Mr. Green; the windows were broke directly after they were shut up.

George Club < no role > . The riot began on the Wednesday evening about 8 o'clock; I was then in my own house, which is not quite opposite to Mr. Green's, it is about twenty or thirty yards up the street beyond; by nine there was a vast crowd of people before his house; there were stones and brickbats throwed at his house, I heard the glass come tumbling down; I heard Mr. Green speak to the people several times, bidding his neighbours keep out of the way, for that he would defend his life and his property as long as he had a drop of blood; I heard the people many times swear they would have his heart and liver, and cut him in pieces and hang him on his sign-post; these expressions were common from nine till twelve, till I went to bed; they threatened him several times before the soldier was killed, and made several fierce attempts upon his house, they were determined on his life, and to have his house down; I saw the soldier before he went to Mr. Green's house, and when he was killed; there was a man breaking Mr. Green's door with an iron crow, or some such instrument; the soldier was then standing under cover of the leads joining to Mr. Green's door; he peeped up to see if any body was looking out at the window, then he ran to the door to assist the man that was breaking the door; I think the second or third blow he gave, somebody reached out and shot right down, and the soldier fell backwards, and I think the other man was wounded; it seemed to me as if the soldier was hit upon the crown of his head.

Council for the prisoner. We have a long train of evidences to the prisoner's character, if the jury desire it we will call them.

The jury declared they were thoroughly satisfied, and that his Lordship need not take the trouble of Summing up the evidence.

Acquitted .