462, 463, 464. JOSEPH BLANN , otherwise BLAND proceedingsdefend , BENJAMIN HARLEY proceedingsdefend , and THOMAS HENMAN proceedingsdefend This name instance is in set 216. were indicted for that they with certain clubs and sticks feloniously, wilfully, and of their malice aforethought did strike and beat Joseph Pierson proceedingsvictim in and upon his head, face, arms, back, stomach, belly, sides, and legs, thereby giving him several mortal bruises in and upon his said head, face, &c. of which he languished from the 12th of April until the 10th of May, and then died .

Joseph Bland < no role > was charged with the like murder on the Coroner's inquisition.

WILLIAM ANCHOR < no role > sworn.

I am a custom-house officer.

Did you know the deceased, Pierson? - Yes.

What was he? - A custom-house officer : upon the 10th of April last between ten and eleven at night we had intelligence of some run goods coming to Deptford; Richard Burr < no role > , William Bacon < no role > , Joseph Pierson < no role > the deceased, and I, proceeded to the place; we went to the turnpike in the road towards Blackheath; we waited there some time; then we saw two men come down from the road which reaches from Blackheath to the turnpike; it was then near twelve o'clock; those two men seemed to be in liquor; they ran against Mr. Pierson and me, and said, How many are there of you? Joseph Pierson < no role > replied, what is that to you? we are not troubling ourselves with you, you may go about your business: they walked from us twenty or thirty yards, and then gave a loud whistle or two; upon which we all went up towards Blackheath, thinking to meet the smugglers with the goods; but not finding any, we turned to the left into a road that leads, I believe, to Deptford new town; and some time after we came round to the same place we were before at; we waited there for about twenty minutes, then there came past ten or twelve men from Blackheath; they had no sticks or any thing; they passed us and went into Church-street: two men that were in the rear stopped behind the rest; we went up to them and asked them what they were waiting there for? they said, what was that to us? we asked them whether they were waiting our motions or not? we suspected by their being there, that the goods were a coming that road; in the space of about twenty minutes some men returned, to the amount of about ten or a dozen; I am certain there were not less than ten.

Were they the same men that had passed you before? - That I am not sensible of: they came up with bludgeons and sticks; one cried out, Here they are: they immediately knocked down Mr. Bacon; Pierson and I took towards the watchmen; Mr. Burr made his way, and several of them after him, towards Duke-lane; immediately we went to the watchmen; we had not been there a minute before three or four of them surrounded Pierson and me as we stood against the wall; we desired them to keep off or we would shoot them.

What arms had you? - We had each a pistol; but not with any intent to fire.

Were they charged? - I believe one was, but I will not be certain; they said, B - t you, ye dogs, we will sacrifice you: in the space of about six minutes afterwards six men came up to their assistance; I said to Joseph Pierson < no role > , which way shall we proceed? he said they are gone, the best way will be to proceed to the watch-house, and make our escape as well as we can: our own party had left us, we could see nothing of them, it was prodigious dark; then six men came to the assistance of these men; upon which we took to our heels in order to get to the watch-house; we proceeded down Church-street; they set up a cry immediately and followed us: at Trinity-alms-houses at Deptford I ran against the chain, and then one struck me; I got under the chain and followed Pierson, who kept strait on; I got under the chain and kept close under the wall, following Pierson towards the old church; when we came upon Deptford-green we desired them to keep back; they were then very near us.

How many might there be then? - To the amount, I believe, of six or seven, I cannot justly say; Pierson said to me, follow me, I know the way; we went down towards Deptford-green; after we came upon the green, instead of keeping strait on, he went into a turning that goes towards Hughes's-Field; I kept strait on the green; I heard him, but could not see him, it was so dark: of the people that were pursuing us, some followed me, others followed him, three followed me; I heard him cry out, O dear, at the first blow; I suppose they struck him as he was going into the turning; I did not hear any blow; I never heard no more of him till I saw him going into the boat.

What time of night do you think it was when you parted? - Half after two or thereabouts.

What time was it when you saw him going into the boat? - About half after four, about an hour afterwards; I came up to the London-hospital with him; I perceived he was violently wounded; he had many cuts upon his head; Mr. Dickerson the surveyor of Deptford had had him dressed by a surgeon before I came up. He died upon the 10th of May at near eight o'clock.

Did you know any of the people that were pursuing you? - I cannot recollect them; I never had any sight of them before to my knowledge.

Have you had any sight of them since so as to be able to identify their persons? - To the best of my knowledge Henman is one, but I cannot be positive to him.

Was he dressed then as he is now? - He had a frock on, and he kept down his head in his bosom to the best of my knowledge.

Is he the only one you can speak to even in that way? - Yes.

Cross Examination.

You say it was so dark you could not see that chain? - No.

Nor you could not see Pierson? - No.

WILLIAM BACON < no role > sworn.

I am a custom-house officer; I attended at this time to search for smuggled goods: when we were at Deptford, we proceeded to the turnpike leading to Blackheath, where we waited some time, I believe an hour, or an hour and half; between eleven and twelve two men came through the turnpike, who spoke to the deceased, and Mr. Anchor; we were apprehensive they would ill treat them, therefore we came out to them; we were standing by a house, they immediately withdrew about a stone's cast, and gave a whistle, upon which we all four proceeded towards Blackheath; we imagined the smugglers were coming down the hill; when we could see nothing of them, we turned several different turnings to the right and left, at length we came up to Deptford Upper Town again, and at last came to the place from whence we set out; we saw a watchman, we asked him if he had seen two men go past him; he said, yes, they went down Church-street; we waited about half an hour in Deptford Upper Town, under a butcher's shamble, when we saw six, seven, or eight men pass us without any arms, and go down Church-street; the two last men stopped behind, then we withdrew to some elm-trees that were about a stone's cast from us: we asked the watchman what those men were, he said they were riggers come from Woolwich-yard; we did not suspect that these were smugglers; we stopped about twenty minutes at the elm-trees, then we saw about a dozen men coming up Church-street, every one of them armed with a stick or bludgeon; they said, Bugger them, here they are; they came up to me, I kept my back against one of the trees, I said, gentlemen, keep off; they surrounded the tree, and drove me from it, and knocked me down; I was senseless some time with the blow; after I got up again, I was among the crowd of them.

Was any noise made by any of these persons? - Yes, they gave a war-hoop, something of a whistle, after they came up; they have a particular method of whistling, they clap their knuckles up to their mouths, and make such a shrill noise, that they may be heard for a mile or two. I saw Mr. Burr knocked down on one side of me; while I was knocked down, the other man got off; Mr. Burr and I ran to the right; after some little way, Mr. Burr turned to the right, and I kept strait on.

Though you do not know who the men were, did you observe the dress of any of them? - There were two dressed like two of the prisoners, Henman and Harley, but I cannot swear that they were the people; it was a darkish morning.

In what respect were they dressed like these two men? - They were dressed in white frocks; they had flapped their hats over their faces.

RICHARD BURR < no role > sworn.

I was one of these officers; I was knocked down by the side of Mr. Bacon; I heard the last witness, every word that he said all came under my knowledge.

You know none of the prisoners? - No.

SAMUEL WHITING < no role > sworn.

Did you know Joseph Pierson < no role > ? - No.

Do you remember the time in April last when the officers were beat in the night? - Yes.

Was you at Deptford at that time? - Yes.

Who with? - Along with those people that beat him.

Name them. - There was one Gypsey George, who is not taken, Edward George < no role > , Thomas Henman < no role > This name instance is in set 216. , Robert Harley < no role > , and Benjamin Harley < no role > This name instance is in set 3718. .

What time was this you are speaking of? - About the hour of three in the morning. Edward George < no role > came to my house by the Tide-mill, and left word for me to go down to the King's Head; I went thither about eleven o'clock, where I saw Gypsey George, Edward George < no role > , Benjamin Harley < no role > This name instance is in set 3718. , Thomas Henman < no role > This name instance is in set 216. , and Robert Harley < no role > , and some whom I did not know; there was one Long George, a butcher, there; they said to me, you are come too late; we have just emptied the bottle of gin, or you might have had some.

Who keeps the King's Head? - I do not know his name. Gypsey George fetched another bottle of gin; they drank that; they staid an hour, I believe, and then went out; they went up Church-street, searching all the places after these officers; they staid about the Broadway some time; then Gypsey George said, we shall not meet with them to-night; come home, and I will give you some gin, and then we will part and go to bed; in the mean time two men knocked at Gypsey George's door, Gypsey George opened the door, and let them in; they said they wanted some money; they all had a glass of gin a-piece, and they set off to seek these custom-house officers.

How many might there be in the whole? - I believe ten in the whole; they went immediately over the bridge, where, they said, the officers were gone; then they divided into two parties, one went towards Blackheath, the other towards Greenwich; soon after, those that went towards Greenwich came back, and waited till the other party came to them; then they came all together over Deptford-bridge, and went down Church-street; two men that had staid behind, came up and said, they saw the officers run to the butcher's shambles just over against where the watchman stood.

Can you tell their names? - No; Gypsey George said, There are enough of us now to go and lick them; Gypsey George came up the street to where the officers were, by three elm-trees, and the other party followed; as soon as Gypsey George came up to the elm-trees, he made a loud alarm, and immediately knocked one man down with his stick.

Who was there at that time? - All of them; we lost them all for that time; we heard an alarm of them in Church-street; we ran down after them; then I saw Gypsey George take down Hughes's Field; when he came down to the bottom of Hughes's Field, he seized Pierson by the collar, and said, if he did not tell his name, he would cut his throat.

Who were with him? - The prisoner and myself; Gypsey George knocked Pierson down, and the other three came up and beat Pierson as he lay upon the ground.

Name their names? - Robert Harley < no role > , Benjamin Harley < no role > This name instance is in set 3718. , and Edward George < no role > ; they beat him, I suppose, for very near a quarter of an hour.

Did he say any thing? - Gypsey George said, D - n his eyes, if you kill a dozen of them, there is no sin in it. Pierson begged for mercy; he begged of them not to beat him any more, for he said he had a wife and four small children.

Are you sure Benjamin Harley < no role > This name instance is in set 3718. and Thomas Henman < no role > This name instance is in set 216. were there at that time? - I am; they went away from him about forty yards; then Gypsey George said, D - n his eyes, he has not got enough, let us go back and beat him more; Gypsey George went back and hit him several violent blows.

Did any body else go back with him? - Yes; Benjamin Harley < no role > This name instance is in set 3718. and his brother begged very hard of Gypsey George not to beat him any more.

What did Henman do? - He said nothing.

Did Pierson say any thing more? - He cried and groaned; Gypsey George said, Come up, my men, and hit him a blow a-piece for me.

Were any more blows given by any body? - They struck him again after Gypsey George had been back and given him these violent blows, they accordingly did give him a blow a-piece: Edward Johnson < no role > and Thomas Henman < no role > This name instance is in set 216. hit him two blows over the head.

Were any other blows given by any body else? - No; Pierson begged for mercy, Benjamin and Robert Harley < no role > did, then we all came up into the Broadway; Butcher George came up, Gypsey George said to him, D - n your eyes, go down to town and pick up the dead.

Had you met any body before this? - We met two people who were going home, James Greenrod < no role > and John Rolfe < no role > .

What passed when you met those two men? - Only those words; they went back home with them to have a dram; Gypsey George asked them to go home with him.

Gypsey George knew them? - Yes; they are neighbours.

Where is Gypsey George's house? - In Mill-lane, Deptford, just by there.

Did all the company go to George's house in Mill-lane? - Yes; and these two men.

You drank gin there? - Yes.

What was said then? - After they had drank the gin, George said, I have picked up one of their hats, I do not know whose it was: he gave half a crown to Robert Harley < no role > , Benjamin Harley < no role > This name instance is in set 3718. , Edward Jones < no role > , and myself; he gave three shillings to Thomas Henman < no role > This name instance is in set 216. .

Was the expression go down and pick up the dead before or after the money was given? - Before; it was before we went into George's house; it was almost directly after we met these two men, before George asked them to go to his house.

How came he to give three shillings to Henman, and half a crown to the rest? - I cannot say; he did not give any reason.

From HARLEY. Whether you did not say that I was innocent, that you swore to me because you could not find out Gypsey George and the rest? - I never said that.

HARLEY. He said he swore against us to save himself. - I never said any such thing to any body.

HENMAN. He said, last Friday morning, at the cage, before three or four people, that we were as innocent of it as a child, only he swore to us because he could not find Gypsey George. - I never said any such thing.

Counsel for the Crown. Was you taken into custody, or did you voluntarily surrender yourself? - I fetched the officer out of the church as soon as I heard the party was dead, and surrendered myself up immediately.

JOHN DICEY < no role > sworn.

I am a waterman, and live at Deptford.

Do you remember hearing any noise near your house on the 11th of April? - Yes; I was lying in bed; I heard a great hallooing, and a noise in the street; presently I heard them driving a man about, and could hear them beat him; the man ran by my house, and all the people, and at last I heard them making this noise ten or twelve minutes, I believe, before I got out of bed, and just about twenty or thirty yards from my house they had knocked this man down: I heard the poor man begging for his life.

Who was that poor man? - Joseph Pierson < no role > ; when I heard this man say, Pray, gentlemen, spare my life, I could lie in my bed no longer, but I ran down, opened the door, and ran up to the man's assistance as near as I could go, and they ran away and left the man; but who they were I do not know.

How many might there be? - There might be four or five, or three or four, I cannot justly say.

When you came up to the man, did you know who it was? - Not till I asked him. I found him lying upon his back, with his head and shoulders up agains t one Mr. Savage, a custom-house officer's gate, who was talking to him out of the window; he was most terribly beat, and all over blood: one Mr. Mitchel, a publican, came to my assistance, and one John Wright < no role > , and they got him up; I ran in doors, and got a candle, and took him into my house, and then I sent this John Wright < no role > for a surgeon; the surgeon refused to come because he was at my house; I went and called up Mr. Dickerson, a surveyor of the town, to get a surgeon.

Why would not the surgeon come to your house? - I do not know; I called up Mr. Dickerson, then we went to the same surgeon, and he came to my house; before that I went out into the street with a candle to seek for Pierson's Pistol, as he said he had dropped his Pistol; I found it, and brought it to him: it was charged, but there was no flint in it.

Did you know any of the people? - I could not swear to one of them; Mr. Dickerson asked him how he could be beat in such a barbarous manner without discharging of his pistol, he made answer, he was loth to take life, though they took his.

BARBARA DUDLEY < no role > sworn.

I live in Hughes's Fields; I heard the noise in the night of the 11th of April, it waked me out of my sleep: I got up and went to my chamber-window; I heard a person desperately beating a poor man, he cried out terribly now and then, O you will kill me, I have enough, I have enough, do not beat me any more, I have enough; while I was looking, I heard five or six men run by, but I cannot tell who they were; they ran towards the man that was beating.

Was it one, two, or more? - I heard the blows, I cannot say how many were beating him; just as the men came opposite to me, one said to the other, D - n you, come along, you cannot run; when they came lower, this person that was striking the poor man said, Now, my lads, give him every one a blow for me, and that will do for him; after that every one that ran down took a stroke as near as I could tell the strokes; he cried out terribly, the groans would pierce any one's heart to hear them, O you'll kill me, I have enough, I have enough; I saw the same number come back by my window; I went down, and my next-door neighbour said, are you not ashamed of yourselves, you murdering villains? They d - d her eyes, and bid her get in, or they would break her windows, for she had no business with them.

JAMES GREENROD < no role > sworn.

I am a coal-porter, and live near the Tide-mill at Deptford.

Do you remember when the misfortune happened to the poor man Pierson? - Yes.

Who was with you? - John Rolfe < no role > ; it was between three and four in the morning; we had been to the lime-kilns, and were going home, we met Gypsey George, Robert Harley < no role > , Benjamin Harley < no role > This name instance is in set 3718. , Samuel Whiting < no role > , Edward George < no role > , and Thomas Henman < no role > This name instance is in set 216. , they had all sticks in their hands; they asked us where we had been, we told them we were just going home, that we had been to get some gin in the Broadway, but no one was up; Gypsey George said, if we would go back with him, he would give us some gin.

You knew him before? - I knew them all before; we all went together to Gypsey George's lodgings in Mill-lane, we had two glasses of gin a-piece there; when we went in, after Gypsey George had given us the gin, he gave the two Harleys, Edward George < no role > , and Samuel Whiting < no role > and Henman, money, he gave four of them half a crown each, and one three shillings; I believe it was to Henman that he gave three shillings, but I am not sure.

Did he say what he gave that for? - He did not mention that.

What did he say after that? - We had another glass of gin a-piece, and then we parted; he said, Go down the town and pick up the dead.

Who did he say that to? - To all of them.

JOHN ROLFE < no role > sworn.

Do you remember being at Deptford when Pierson was so beat? - Yes; I was with Greenrod.

When was it? - Upon Friday morning at between three and four o'clock we met them at the Tide-mill.

Is that near Hughes's Fields? - No; about half a mile off, we met Gypsey George, the two Harleys, Samuel Whiting < no role > , and Henman. I have been a neighbour to them for ten or twelve years; Gypsey George asked where we had been, we said into the Broadway to get some gin, but there was not any body up; he said come along with me, and I will give you some gin; we went back again with them to Gypsey George's house in Mill-lane; he locked the door when we were in, and he gave each of the company a glass of gin a-piece, then he went up stairs for some silver, and gave them half a crown a-piece, except one, who had three shillings; after he had paid the money, he gave us another glass of gin, and then he said, Go down the town and pick up the dead.

Mr. JOHN FRANKS < no role > sworn.

I am a surgeon, and live at Deptford.

Do you remember being sent for to this Pierson? - I was; it was three or four o'clock in the morning when the accident happened; I was sent for to one John Dyson < no role > 's house in Hughes's Fields; there I saw Pierson, he had four terrible large wounds in his head; I dressed him, and ordered him to the hospital.

Were there any other wounds about him? - I did not examine any other parts; he complained he was bruised much in his hands and legs.

And did not you examine him? - No.

Mr. GEORGE NEAL < no role > sworn.

I am a surgeon at the London-hospital.

I believe you attended this poor man? - Yes; he had three or four very dreadful wounds upon his head; he was very badly bruised upon his breast, in short there was not a free place but what was beat and bruised in a very bad manner, even so that I asked leave of the governor to suffer his wife to be with him; she was with him all the while he was there; he was so bruised that he could not stir himself the least in the world; his head, the os frontis, the forehead was laid bare, the occipitis was cut, his breast was dreadful, his right arm was so bruised that we laid it open; there was a large extravasation of blood daily.

How long did he live in the hospital? - About a month.

Did he die of these wounds? - Certainly; I begged leave that the poor woman, his wife, might be indulged in staying with him, and she did not leave him the whole time.

Did he give any account how he came by those bruises or wounds? - I never asked him about that; there was a deposition taken by two magistrates.

He was in his senses? - Yes, always.

JOHN SHERWOOD < no role > , Esq. sworn.

This is the information (producing it) that I took from the deceased in the London-hospital; he was in his perfect senses at the time he gave it.

The Information read.

Signed the mark of Joseph Pierson < no role > , sworn at the London-hospital before us John Sherwood < no role > and William Blackmore < no role > .

Middlesex, to wit.

"The information of

" Joseph Pierson < no role > , officer of his Majesty's " customs, taken before us John Sherwood < no role >

"and William Blackmore < no role > , Esquires, two of

"his Majesty's justices of peace for the said

"country, at the London-hospital, 20th of

"April 1776, who on his oath says, That on

"Thursday evening the eleventh instant he

"this deponent, Richard Burr < no role > , William Bacon < no role > ,

"and William Anchor < no role > , having an information

"of a large quantity of run goods,

"went as their duty, with an intent to seize

"the said goods, at about one o'clock the

"next morning; when two men came through

"the turnpike leading to Blackheath, and

"when they saw us gave three whistles, and

"in about twenty minutes there came to near

"the number of twenty men, armed with

"sticks and bludgeons, and attacked this deponent

"with the other officers above-mentioned,

"without any provocation whatever,

"and violently bruised, beat, and wounded

"this deponent, crying out at the same time,

"let us every one have another blow at him

"for liberty; and this deponent says, he doth

"not know the names of any of the rioters

"aforesaid; and that he now languishes, and

"his life in the utmost danger in consequence

"of the assault aforesaid."

HARLEY's DEFENCE.

I was at home and abed at twelve o'clock that night; I never went a smuggling or was in company with a smuggler half an hour in my life.

HENMAN's DEFENCE.

I was at home in the morning between one and two o'clock; I have witnesses here to prove that.

Court. I don't call upon Bland to make his defence, because there is no evidence to affect him.

FOR HARLEY.

AMELIA TOAM < no role > sworn.

I live at Deptford.

Do you follow any business? - No otherwise than go out to needle work at times.

Are you married or single? - Single.

What have you to say for Benjamin Harley < no role > This name instance is in set 3718. ? - I was at the house where he lived; he happened to be out; the landlady sent me to see after him as he staid out later than usual; it was of a Thursday night about six weeks ago; I went to see after him and met him in the Broadway coming home, that was between ten and eleven o'clock; I took hold of his arm, he said he was going to see after a barge of bricks and dung; the bricks were not come up, and he came home directly; he was to go to heave them out of the barge the next day; I live in the same house with him; when we came to the door the people were gone to bed; we called to the landlord, he said it was a late hour to come home; Harley said it is but just eleven o'clock; the landlord made answer that the bell had just rang at half after eleven; the landlord came down with the key in his hand and let him in.

You are sure it was a Thursday night? - Yes.

Do you know the time when Pierson was killed at Deptford? - I cannot tell any thing about that.

Cross Examination.

So you don't know the time when Pierson was killed? - He was killed by all account on the Friday morning, as he was out on Thursday night.

When was you first desired to remember the time? - I never heard of it till he was taken up the last week; I heard the gentleman was dead, but I don't think Harley was guilty of the crime; if he was he might have got off.

When did you first hear of Pierson's death? - Last Friday was a week.

You heard of his being beat before? - I heard of a gentleman's being beat.

But you did not hear of Harley's being accused? - No.

But how came you to remember that this was that night before this gentleman was beat? - I don't remember any more than what the people said that he was beat the night before that morning; we heard of the gentleman being hurt on the Friday morning.

You did not hear that it concerned Harley? - No; I saw Samuel Whiting < no role > clap his hand upon an iron bar, and he said, Benjamin Harley < no role > This name instance is in set 3718. is as innocent as these iron bars; that was this day week.

Where was Whiting? - He was in the same cage; he said Harley has no call to be afraid, he is as innocent as these iron bars.

Did not you understand at that time that Whiting had surrendered himself of his own accord and had accused Benjamin Harley < no role > This name instance is in set 3718. ? - He had so.

Then he told you, that what he had said before was false? - Yes.

ROBERT GEORGE < no role > sworn.

Are you any relation of the man that they call Edward George < no role > , or Gipsey George? - I am brother to Edward George < no role > ; I heard this Whiting say that Benjamin Harley < no role > This name instance is in set 3718. was as innocent as the iron bars; this was on last Friday morning.

Was it before or after that he went to the justice of peace? - Before; I was outside, Whiting and Benjamin Harley < no role > This name instance is in set 3718. were within.

ANN HATTON < no role > sworn.

I know Mr. Harley to be a very sober honest man, as far as I know, in all respects.

Do you remember the time when Pierson was killed at Deptford? - No, only the talk of the neighbourhood that he was killed upon a Thursday night; Harley was at home by twelve o'clock that night that it was thought this man was killed; I came down myself to let him in.

Was it before or after twelve? - The clock struck twelve as I was getting into bed after I had let him in.

How long was that after he came in? - A very short time; I went up to bed directly.

Do you know what day of the month it was? - No, it was in the Easter holidays.

Who came home with him? - This girl, Amelia Harley < no role > .

What is she this man's wife? - No.

Does she go by his name? - No.

Why did you call her Harley? - I meant Toam; I mentioned the name Harley by mistake, having been speaking about Harley.

What are you? - I work in a garden; my husband drives a team.

What was done with the key of the house after you let this man and the girl in? - I locked the door and took the key up with me as usual.

Can the door be opened inside without the key? - No.

You don't know of his being out that night after that? - No.

THOMAS OVERTON < no role > sworn.

I heard Samuel Whiting < no role > mention that they were both innocent, and Gipsey George was the man that committed the crime; he said that in Deptford cage between five and six in the morning; he said Gipsey George was the man that hit the last blow.

What are you? - A labouring man; I work in the brick fields in summer, and sometimes work for him in the winter.

WILLIAM HARLEY < no role > sworn.

What relation are you to the prisoner? - Brother to him; I went to the evidence in Clerkenwell-bridewell, and asked him the whole of the affair; he told me last Tuesday that the principal man that was concerned in the affair was Gipsey George; that Gipsey George, one Butcher George, and one Ned George < no role > , that after they had beat him and come away, that these three went back again and beat him after the rest had left beating him.

Who did he mean by after the rest had beat him? - He said that both Bob and Benjamin Harley < no role > This name instance is in set 3718. cried for mercy upon him.

Then he was there? - I don't know that he was there.

He could not cry for mercy if he was not there? - Whiting told me that he said before justice Sherwood that Harley was innocent.

Court. Mr. Sherwood, this man says that Whiting said he had said before you, that Benjamin Harley < no role > This name instance is in set 3718. was innocent.

Mr. SHERWOOD. Whiting positively declared that Henman and Harley were the men, but that Bland was innocent.

FOR HENMAN.

HANNAH CAMPBELL < no role > sworn.

I live in Church-street, Deptford.

What business do you follow? - Nothing but my hard labour.

Do you let lodgings? - Yes.

Have you any thing to say for Thomas Henman < no role > This name instance is in set 216. ? - I have nothing to say; he came in a quarter before two as near as I can guess; my little girl let him in.

What night was this? - The Thursday night about six weeks ago.

Do you know the time that Pierson was beat? - I heard of it the next morning.

How came you to say as near as you can guess about two? - I heard the clock strike soon after he came in; I was between sleep and awake; I told but two, whether it had struck before or not I cannot tell. Whiting told them it was not worth while to make themselves unhappy, that they would both be back again at night, and not to make themselves uneasy; that was the next morning after they were taken; they were handcuffed together.

Who were they? - Henman and Harley.

Did he say he was innocent himself? - No, he did not say any thing about it.

SARAH FRENCH < no role > sworn.

I was at the cage window pouring him out some beer: Samuel Whiting < no role > fell a crying, I asked him what he was crying for? he said, never mind it, lads, God Almighty will send you out of your trouble, your are both innocent.

When was this? - Last Friday morning.

Cross Examination.

They were all three in the cage together at that time? - Yes.

ELIZABETH RICHARDS < no role > sworn.

When he came up with the prisoners, he came to take leave of us; Whiting made answer, never mind, my girl, he will come up again to night; they are both innocent.

Cross Examination.

Where did he say this? - At Mr. Campbell's house.

They were all three handcuffed together? - Yes.

CHRISTIAN WILSON < no role > sworn.

The men were handcuffed going out of the house; I was following them, Whiting said, don't make yourself uneasy, they will be cleared, and be back at night.

BLAND NOT GUILTY .

HARLEY < no role > GUILTY . Death .

HENMAN GUILTY . Death .

They received sentence immediately (this being Friday) to be hanged at Tyburn the Monday following, and their bodies to be afterwards dissected and anatomized; which sentence was executed upon them .

Tried by the First Middlesex Jury before Mr. Justice ASTON.