367, 368, 369, 370, 371, 372. THOMAS DEMPSEY proceedingsdefend , THOMAS WELCH proceedingsdefend , JAMES DELANEY proceedingsdefend , PHILIP CORBET proceedingsdefend , DENNIS SHERRY proceedingsdefend , and ANDREW NIHIL proceedingsdefend were indicted for the wilful murder of Thomas Grimsley proceedingsvictim on the 11th of March , and that the said Thomas Dempsey < no role > , with a certain ax, which he in both his hands had and held, feloniously, wilfully, and of his malice aforethought, did strike, cut, and wound the said Thomas Grimsley < no role > upon the right side of his head, thereby giving him one mortal wound, of the length of two inches, and of the depth of one inch, of which he languished from the 11th of March until the 21st of March, and then died; and the said Thomas Welch < no role > , James Delaney < no role > , Philip Corbet < no role > , Dennis Sherry < no role > , and Andrew Nihil < no role > , together with Michael Daley < no role > , (not in custody) feloniously, wilfully, and of their malice aforethought were present, aiding, helping, comforting, and assisting the said Thomas Dempsey < no role > to do and commit the said felony and murder .

They stood charged with the like murder on the coroner's inquisition.

The witnesses were examined apart at the request of the prisoners.

JOHN SHAKESPEARE < no role > sworn.

I am a coachman: on Sunday the 10th of March, about twelve o'clock at night, I was going home to my lodging; Marshal, another coachman, and I agreed to go into the Coach and Horses in Spur-street, Leicester-fields , and have a pint of beer before we went home; I went in first, and called for a pint of beer; Mrs. Milward the landlady was in the bar, and the six prisoners were in the tap-room; I brushed up to the fire-place and said, with your leave, or by your leave, it is cold, I want to warm myself; I had no sooner got to the fireplace than I was knocked down under the table; the prisoners were between the bar and fire-place; I don't know who knocked me down; there was nobody but the prisoners in the house, I am sure it was by one of the prisoners, but I cannot say which; I had a stick in my hand when I was knocked down, they took that from me, and when I got up again, I was knocked down on the back of the head with the stick; when I came to myself I got up and heard a skirmish in the passage, and one of the prisoners came in with an ax in his hand, and he held it up at me and said, D - n you, I will split you down, or cut you in the head; somebody had pushed the window up, and I made my escape out at the window; I did not get into the house afterwards.

"On his cross examination he said, he had

"been drinking, but was sober enough to do

"any business, or know what he was about;

"that when he went into the room the prisoners

"were all in arms, standing between

"the bar and fire-place, and that they seemed " to be drunk; that he gave them no provocation

"at all; that he did not say a word to

"them, only, with your leave, or by your

"leave; that he had had no quarrel with

"them before in his life; that he could not

"tell what the skirmish in the passage was,

"but believed it was with a man that was

"coming in to drink with him; that he did

"not know whether the patrol were there

"when he made his escape, or whether or

"no he called the watch, because the blow

"on his head had made him insensible; that

"when he was knocked down, the prisoners

"were all upon him, but he could not speak

"to any one in particular as assisting in knocking

"him down."

GEORGE MARSHAL < no role > sworn.

I am a hackney coachman: I went into the Coach and Horses in Spur-street, Leicester-fields; I was in company with Shakespeare; he went in first; when I went in to the tap-room, Shakespeare was on the ground, I believe knocked down, and as I was going in at the door, one of the men, I believe Daley (who is not here) knocked me down in one of the boxes before I spoke a word to any body; as soon as I had received the blow from the first man, there were four or five of them, I cannot say how many, upon me; I knew Daley before; I believe Dennis Sherry < no role > was one of them; Dennis Sherry < no role > had the ax in his hand at the door where I made my escape.

Do you remember when you got out, whether you called the watch or the patrol? - I was rather stunned with the blows, but to the best of my knowledge, I called watch before I got out of the house; I found myself in a good deal of danger.

"On his cross examination he said, he believed

"it was past twelve o'clock; that he

"was sober; that Shakespeare had drank

"pretty freely, but was sober; that he had

"no quarrel with the prisoners, nor did he

"say a word to them when he went in."

ELIZABETH MILWARD < no role > sworn.

My husband keeps the Coach and Horses in Spur-street, Leicester-fields: I was in the tap-room the Sunday night this happened; I know all the prisoners; Corbet and Sherry lodged in my two pair of stairs fore room; the prisoners were all drinking together in my tap room on the Sunday night; they all seemed to be good company as far as I saw; about twelve o'clock Shakespeare the coachman came in, he appeared to me to be a little in liquor; I heard him repeat the word fight; he went strait across the room through the young men, he reeled and fell against the table, upon which Michael Daley < no role > struck at him, and Thomas Welch < no role > and James Delaney < no role > struck at him, by that time I think the other coachman came in, upon which they left Shakespeare and came to him, and I believe they gave him two or three blows, upon which I begged of Daley, as Marshal was his acquaintance, to have done; I think on that Marshal ran out, and I heard the watch called, I think by Marshal.

Do you remember the watchmen coming to the house? - Yes, I believe they came to the outer door first, then they opened the inner door, and made as if they were coming in, but they drew back again.

Did you see any of the prisoners armed with any weapons at that time? - Not at that time; by this time the other coachman was getting out at the window, that made the alarm in the street, and people wanted to come in; I held the bar window down; I did not see what happened then, but some time after one of the watchmen was knocked down at the taproom door; I went to help the watchman up, and looking into the passage I saw the tongs, poker, and hatchet in some of their hands; I could not see in whose hands they were.

Can you tell whether they were in the hands of strangers, or in the hands of people that were in your house? - I cannot tell in whose hands they were; I saw them held up in the passage.

They were your tongs, poker, and hatchet? - Yes.

Then they must be in the hands of persons who were in your house to take them? - Yes.

Did you hear any words said about knocking down? - Yes, I heard Michael Daley < no role > and Thomas Welch < no role > repeat the words, knock them down as they come in.

Do you remember when the deceased Thomas Grimsley < no role > came into the tap-room? - I saw him when he was brought into the tap-room, and not before.

"On her cross examination she said, the

"prisoners were taylors ; that two of them " lodged in the house, and the rest were

"acquainted with them: that they were

"always very peaceable for any thing she

"ever saw to the contrary; that when the

"first coachman came in she heard him say

"fight; but that he did not put himself in

"a posture to fight as she saw; that she

"never saw the ax in the hands of any

"body till the watchmen came in; that

"when she looked into the passage after the

"watchman was knocked down, she saw the

"watchman had cutlasses; that they held

"them up and brandished them about; but

"that she did not take notice in her fright

"how many there were; that she heard

"that one of the prisoners was wounded in

"his hand."

KENNETH BAINE < no role > sworn.

I am one of the patrols of St. James's parish: on Sunday night the 10th of March, about half after twelve at night, my partner and I were going up the Hay-market; we heard a watchman's rattle; upon that we made to the place as fast as we could; we went a little way and found it was in Spur-street; we came up to the door and found a quantity of people standing before the door; we asked what was the matter; one of the watchmen said, there was a parcel of murdering rascals within; my partner drew his hanger and I drew mine; the first thing I saw was Dempsey with an ax in the passage; I demanded peace in the king's name, and bid him put down that unlawful weapon; Dempsey made answer,

"The first man that laid hands upon

"him, he would cleave him down with the

"weapon he had in his hand:" I observed at that time Welch and Delaney upon the second step of the stairs with the poker and tongs in their hands; upon that Nihil I said, come down, come down, but he had nothing in his hand; then there were more came down; upon their coming down my partner stepping back, I imagine to put himself in a posture of defence, was knocked down; Dempsey made a stroke at him with the hatchet, which I warded off with my hanger, and one of the others made a blow at him with the poker or tongs: I got Dempsey down, put my knee on his breast, and twisted the ax out of his hand; I turned myself round and shifted the ax from my left hand to my right, in order to give it to the watchman; but who took it I don't know; one of St. Martin's watchmen dragged Dempsey to the door; Nihill and another of the prisoners dragged him back; upon that I was knocked down with the poker or tongs, I can't say which, and render'd incapable of doing any farther business: when I came to myself and got up, I was informed my partner was killed; I asked what was done with the watchman; they said, he was dragged in; I got up and fought again as well as I could and was knocked down again into the tap room; I was cut in three places in my head: I lay till I came to myself, and getting up again I missed my hanger; I found a bit of broomstick and made to the door with it; there was a string across the door, I laid hold of the string, but could not get the door open; I turned my head to the right and saw a man with my hanger in his hand; I made to him with the stick I found in the tap-room, and struck the hanger out of his hand; I then received so many blows with the poker and tongs, that I was unable to do them any farther mischief.

JOHN REYNOLDS < no role > sworn.

I am one of the patrols of St. James's: I went with the last witness to the Coach and Horses in Spur-street; there were a good many watchman about the door; they told us there were a parcel of murdering villians in the house; I demanded peace in the king's name; there was a passage full of them; my partner caught hold of one, who had the ax; Welch hit me a blow on the side of the head with the tongs; I received several blows; they got before and behind me; I cut Welch in the forehead and hand, but I was over. powered and knocked down; I had lost a deal of blood: I was cut in the hand at first setting out; when I was down they were all upon me, particularly Sherry, he kicked me about the head when I was down; I believe the prisoners were all about me, but I cannot be certain: Nihill was rescuing Dempsey from one of the watchmen; I am sure Welch, Nihill, and Sherry were there; I got out soon after and got my hand dressed; I went back and found Grimsley wounded, and took some of the prisoners; I took Corbet upon the roof of the house, the others were taken before in the two pair of stairs back room; there was a woman and a bason of blood and water that somebody had been washing in.

"On his cross examination he said, there

"was a light in the passage, so that they

"could see one another very well, and another

"light in the bar, which had a window

"into the passage."

JOHN ATKINSON < no role > sworn.

I am one of the patrols of St. Martin's parish: I went to the Coach and Horses with Grimsley the deceased; a man at the door asked me if I had any fire arms? I told him no, I did not carry any fire arms; they said there was a set of men in the house had almost murdered two men, and were gone up stairs; I saw one of the patrols lying on the ground bleeding very much; Grimsley said, give me a hanger, and I will go up, I am not afraid of them, and if nobody would go up with him, he would go up by himself: I said I would go up with him, he should not go up by himself; he went up with a candle in one hand, and a cutlass in the other; I followed him; William Pasley < no role > and another went with us, I was next to Grimsley; on the first pair of stairs we were met by a parcel of men; the first thing I saw was the edge of a hatchet held up to me, and I saw a poker, but could not see the persons that held them; Grimsley said something to them to take the ax away; they made no answer, but struck at him directly; Grimsley directly made a stroke at the ax, and swore a great oath that he did not mind the ax; immediately as he had said that word, he received a blow upon his head and fell directly; I had several blows on my arm that the cutlass fell out of my hand; I did not strike any body with my hanger, I could not reach them; Grimsley struck at the handle of the hatchet; there was a man cut, I don't know whether Grimsley did it; I had a number of blows on my head, but I had a thick cap on that saved me; we were obliged to retreat, and Grimsley was brought down and a surgeon was sent for, and he was dressed; we came afterwards with some more watchmen to take the prisoners, who were retreated up stairs; I saw four of them in the garret; the ax, poker, and tongs were found in the two pair of stairs fore room; the man that found them is not here; the ax was very bloody, and there was something on it appeared like brains; and the tongs were very bloody.

[The ax, poker, and tongs were produced in court. ]

He held the ax upright in both his hands.

WILLIAM PASLEY < no role > sworn.

I am a patrol of St. Martin's: I am one of the persons that went up stairs with the deceased; when we went into the house, I saw one of the patrols lying on one side bleeding; Grimsley took a candle and ran up stairs, Atkinson followed him, and I followed Atkinson: Grimsley said, d - n your eyes, lay the ax out of your hand; there was a blow made at him, I warded it off and then I fell down stairs; Grimsley was brought down wounded very much: we secured them all, I believe; there were some in the garret, and Sherry and another man were in bed with a woman; Nihill was sitting at a window; I went to him and told him he must go with us; Sherry and Dempsey were very bloody, and there was some blood upon Nihill's neck; the ax, and poker and tongs were found in the two pair of stairs room, I think; I was in the room when they were found; they were all bloody; I took them into my possession.

Mr. GEORGE CHARTERS < no role > sworn.

I am a surgeon at St. George's hospital: the deceased was brought there under my care; I was called up on Monday morning at two o'clock; I saw a patrol lying on a table senseless; I found two large cuts on one side of his head; and a bruise; on the first cut I perceived a fracture, with the other wound the skull was made bare; I did nothing to him that night, the surgeons were not there; in the morning finding the fracture he was trepann'd; the cuts appeared to have been given by a sharp instrument; they might be naturally made by such an instrument as the ax produced: he lived about ten days and then died; I apprehend the wound which he had received was the cause of his death; I opened his head after his death, and it corroborated that opinion.

To BAINE. When you came first into the room, which man had the ax? - Dempsey; I took it from Dempsey myself; I cannot tell who took it from me; I held it out for the watchman to take it out of my hand, but could not speak to him.

DEMPSEY's DEFENCE.

I am innocent of it; I never quarrelled in my life.

WELCH's DEFENCE.

I am innocent of the charge.

DELANEY's DEFENCE.

Inquire of the watchmen which took the weapons first.

CORBET's DEFENCE.

I was taken to the justice; no one could swear to me.

SHERRY's DEFENCE.

I am innocent of the affair.

NIHILL's DEFENCE.

As I am not provided with counsel, I beg, my lord, you will take my cause in hand; I am a surgeon: on the 10th of March I went to Mr. Milward's to attend Welch, who was not well; I asked whether he was at home; I was introduced into the back room where he and several of his shopmates were sitting; they knew me, and asked me to sit down and partake of the liquor they were drinking; I was in the room about an hour and a quarter; Welch withdrew from the room and went into the tap-room, and met with a soldier, with whom he tossed up for a shilling's worth of liquor; a quarrel ensued and the soldier had one of his eyes cut; I came into the tap-room to see what was the matter; I saw the soldier; there was nothing in the house to apply to his eye but a little brandy and water; I asked Mrs. Milward to let me have a little brandy and water in a saucer, and I went and bathed his eye; I then asked for something to bind his eye; she said she had nothing but a handkerchief, which he should have if he would leave the value of it; I bound his eye with the handkerchief; the liquor was then brought that they were tossing up for; they begged I would have a glass of that liquor; while I was drinking it the two coachmen came in and the quarrel began before I could wash my hands; if I had any blood on my stock it must come through dressing his eye; on seeing the quarrel begin, I immediately withdrew into the garret, and staid there till the quarrel was over, left I should be counted a quarrelsome man; and when the watchmen came I submitted without making any resistance.

The prisoners called twelve witnesses, who gave them a good character.

SAMUEL PILSBURY < no role > sworn.

I am a watchman : I took one of the prisoners to the watch house before Grimsley was killed; I don't know which, but I believe it was Delaney.

DEMPSEY, WELCH, and SHERRY NOT GUILTY of murder; but GUILTY of manslaughter only .

DELANEY, CORBET, and NIHILL NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.