151, 152, RICHARD BOWER proceedingsdefend and JOSEPH O'KELLY proceedingsdefend , were indicted for that they being evil designing and disorderly persons, of wicked and malicious dispositions, on the 1st of January , about the hour of twelve in the night, in and upon one John Brooks proceedingsvictim , in a certain open place near the king's highway, did make an assault, the said Richard Bower < no role > for firing a loaded gun at the said John Brooks < no role > ; and the said Joseph O'Kelly for being present, aiding, abetting, assisting, comforting and maintaining the said Richard Bower < no role > the said felony to do and commit .

JOHN BROOKS < no role > sworn.

I am a lighterman and coal-merchant .

Do you know the prisoner? - Yes, O'Kelly is gardener to Sir Thomas Frederick < no role > ; Bower, is the son of a man who carries on the gardening business. On the 1st of January several of us had been at Mr. Lusen's, at Hammersmith, we came away about twelve o'clock - Just at the opening of Fulham Fields , I heard a shrieking, like a woman's voice, I thought somebody was using a woman ill; when we came near the place the voice came from, I said halloo, what are you about here? directly a gun went off in a direct level to my face; it was, I suppose, within two yards of me, it flashed very near me. Then immediately another gun went off, that gun was pointed rather upwards; I stood in such a surprise, I did not know how to contain myself. I have been drowning and catching for life, and I never was so frightened before. I said, What are you? Who are you? One Mr. William Eyres < no role > , who was behind lighting the women, came forward with a candle and lantern, and when we came to see whether it was the prisoners, I asked them what they meant by it. I believe I said I would take them into custody, they were fit to serve the king. They said they had a right to fire their guns, and they would do as they liked, they bid the law defiance, and bid me defiance. I said to Kelly, I charge you to aid and assist in the king's name, for I would have taken them all to gaol that night. The women cried out, Do not take them! do not take them! They persuaded me not, because they knew them; as Bower was going along, he still abused me; afterwards I went to the bench of justices.

(On his cross examination he said, he was a constable, that he was perfectly sober; that it was so dark that the person who fired the gun could not have seen him; that he saw the gun pointed towards him by the flash before he removed the gun from his shoulder; that there was another man with the prisoner, but the prisoner did not know which of them it was that fired towards him; that he waited to make a charge against the prisoner 'till a bench of justices sat, when he attended, and was bound over to prosecute them.)

STEPHEN LEWIS < no role > sworn.

We had been to dine at Hammersmith; just after we had passed by Mr. Serjeant Davy's house, I heard a scream, like that of a woman; the women with us were frightened a good deal; Mr. Brooks said, Mr. Lewis let us walk on and see who these people are; soon after that I heard two guns fired. I saw the second gun; Mr. Brooks said you shall go to the cage or are fit to serve the king. I went over the rail to Mr. Bower, and said Mr. Bower you are a man that pretends to know yourself very well, I am surprised you should fire a gun at this unseasonable time of night, on purpose to frighten us; he said, is not this a proper place to fire a gun? No; said I, I do not think it is a proper place just by a nobleman's window, and in the footpath by the king's highway. Bower said, you are all very red indeed. Mr. Brooks was in a sad passion, he charged us to aid and assist in the king's name, and he would have them in the cage. I saw the gun which was fired second up at Bower's shoulder. I saw by the flash it was pointed in the air.

(The prisoners were not put on their defence.)

BOTH NOT GUILTY .

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