413. THEOPHILUS BROWN proceedingsdefend was indicted for that he, together with an hundred other persons and more, did, unlawfully, riotously, and tomultuously, assemble, on the 5th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling house of Mary Crook proceedingsvictim , widow , against the form of the statute, &c.

Mr. THOMAS GATES < no role > sworn.

I am the city-martial. On the 5th of June I was almost all the day at Mrs. Crook's door. Mr. Kirby and I had an order to attend there; the mob were pulling down the two houses before the mass-house; one of which was Mrs. Crook's.

Did you see the prisoner there? - Yes. Mr. Kirby and I turned him out of the house several times; he was pulling up a board of the floor. Mr. Kirby said the soldiers were coming, and bid them get away; he did not mind that but pulled up the board and was coming out by me with it. Mr. Kirby gave him a push, upon which he dropped the board off his shoulder and said, D - n my eyes, there shall be no Popery in the country. I made an observation that his eyes were almost blasted already, they were remarkably small, and what with that and the dust he could hardly see out of them; he threw the board on the fire; he was remarkably impudent; he came before the sheriff's face and damned his eyes, and said, there should be no Popery; when I understood that the military had taken up a number of persons I went to the Compter and pitched on the prisoner immediately.

Prisoner. At what time time do you swear I was there? - When he was pulling up this board it was a little before eight in the evening.

Court. Mr. Kirby and you turned him out several times? - Yes.

How long had you seen him before you saw him pulling up the board? - I dare say I saw him two hours before and remarked him.

What distance of time might there be between the times you put him out? - Sometimes ten minutes, sometimes more.

(Mr. John Kirby < no role > who was with him confirmed Mr. Gates's evidence.)

MARY CROOK < no role > sworn.

When was your house destroyed? - I went out on Sunday; it was destroyed on the Monday. It is the first house out of Little Moorfields .

PRISONER's DEFENCE.

I was not there on the Monday night; I never was before a justice in my life.

(The prisoner called Ann Evans < no role > , with whom he lodged; Thomas Fortey < no role > , who had known him five or six months; and Solomon Stark < no role > , with whom he had worked twelve months, at different times, who all gave him a good character.)

GUILTY ( Death .)

Tried by the Second London Jury before Mr. JUSTICE NARES.

(The prisoner was humbly recommended by the Jury to his Majesty's mercy.)