417. THOMAS BAGGOT proceedingsdefend was indicted for that he together with one hundred other persons and more, did, unlawfully, riotously, and tumultuously 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 , &c.

Mr. THOMAS GATES < no role > sworn.

At about six o'clock, on Monday the 5th of June, I saw the prisoner very busy among the rioters at Mrs. Crook's; he was helping to pull up some of the joists of the house; I admonished him to get away. I knew him before. I said you skin gathering rascal, get away, or I will take you up some time or another. He seemed a good deal stupified with liquor; he did desist at that time, but I could not get him out of the house. I could not particularly attend to him afterwards among such a multitude.

You are perfectly sure to the person of the prisoner? - Yes. I have seen the boys after him in Newgate-market making game of him; he is almost an idiot; I know him to be very weak. He used to gather skins in the market.

How long did you observe the prisoner there? - For two hours.

For the Prisoner.

JOSEPH GREGORY < no role > sworn.

I come to prove the prisoner was at work with me on the Monday; he came about nine in the morning; he continued with me till eleven o'clock at night.

Court. I caution you to be careful what you say? - I am very careful, and very sure he was employed in the yard till dinner time.

What did you employ him at? - Jobbing at the skin-market in Wood's-close.

What Monday morning was that? - The first Monday in June the 5th day of the month; he never went out of the yard till he went out with me between four and five o'clock in the evening; he went with me about Newport-market, St. James'-market, and Oxford-market to fetch sheep skins, and was with me till we came home to my master's at ten o'clock; he went down to my master and had a shilling of him for his supper. My master is Mr. Morgan Austin; he is a salesman, and deals in sheep-skins. We did not come into his gates till past ten o'clock. The last market we were at was Bloomsbury-market; that was about half after nine o'clock. My master is in the country now.

THOMAS ISAACS < no role > sworn.

Mr. Austin has attended here every day to prove what this man has said; he left a book with me last night to prove he paid him money that day.

Cross Examination of Gregory.

How came you to be so sure of the time? - I am certain to the time; he was taken up soon after. He is a poor foolish lad, he will work sometimes, but when he has got a few halfpence in his pocket he will not work.

How happened you to come here as a witness? - My master said I was to prove the time he was with me to serve a friend, not to forswear myself.

Mr. Gates. His mother and another woman offered to swear at the Mansion-house, that he was ill on the bed all that day; that he was ill in bed both Monday and Tuesday.

ELISABETH ALDIN < no role > sworn.

I work for Mr. Austin. The prisoner came to work at nine in the morning and worked with me down the yard till one; then we went to dinner; he returned from dinner, and was in the yard till five o'clock and then he went out with Gregory to gather skins.

(The prisoner called John Woolley < no role > , a cheesemonger, who had known him from his infancy; Joseph Hands < no role > , fourteen years, and - Dawson, eighteen years, who gave him a good character; and further deposed that he was weak in his understanding; was at times insane, and when he had drank a little liquor, did not know what he did.)

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.