316. JOHN BURGESS proceedingsdefend was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 8th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of John Lynch proceedingsvictim , against the form of the statute .

WILLIAM JACKSON < no role > sworn.

I am a wheeler; I live in Ironmonger-row, St. Luke's.

Do you know Mr. Lynch? - Yes, very well; his house is in Golden-lane at the corner of Bell-yard .

Was you at Mr. Lynch's at the time the mob assembled there? - Yes. I am an headborough of that parish; I was on duty that night, I had been to Westminster; when I came to Old-street I saw a great fire and people bringing things up Golden-lane from Mr. Lynch's house to that fire, that was at about a quarter after one; there were about fourteen or fifteen people about Mr. Lynch's house; I saw the prisoner at the bar bring out a post belonging to a bedstead and part of a curtain; I followed him up the lane to the fire and saw him fling it into the fire which was made near the turnpike.

How far is that from Mr. Lynch's house? I dare say three hundred yards. I followed him back; he went into Mr. Lynch's house again; he staid about two minutes and then brought out a copper pot and a lid; I saw him fling them into the fire.

Did you know the prisoner before? - Yes; I believe he has been taken before Justice Walford two or three times before.

Are you sure the prisoner is the person of whom you have been speaking? - I am.

What were the mob doing in the house? - Some were receiving things, which others threw out, and carrying them up to the fire.

Jury. When was this information laid against the prisoner? - I do not remember the day of the month.

How long after the 8th of June? - I believe about a fortnight afterwards as near as I can recollect.

How came you not to give information before? - I splintered a bone in my leg on the morning I saw the prisoner in Mr. Lynch's house and was confined.

Jury. Did you tell it to any body? - Yes, to a brother officer.

Who gave the first information against the prisoner, was it yourself? - Yes, it was myself, and he was brought before Mr. Walford and Mr. Blackborough. I was sitting in a chair when the prisoner was brought in.

Then it could not be in consequence of your information? - No, Mr. Lynch's.

Did you know of his being taken till you saw him brought in there? - No, I did not.

Prisoner. Did you see me in the house? - Yes, I did, at about one o'clock or a little after. The pot and pot-lid were produced before the justices in the Artillery-ground after they had been three hours in the fire.

JOHN BRADBURY < no role > This name instance is in a workspace. sworn.

I keep a public-house, the sign of the Crown, in Golden-lane.

Was you in Golden-lane at the time Mr. Lynch's house was destroyed by the mob? - I was; the mob were going to burn Mr. Lynch's goods before a gentleman's door, the gentleman said he would give them some beer to carry the goods farther. He ordered me to carry them some beer up stairs, and I took a gallon.

Jury. Where did you carry the beer? - Into Mr. Lynch's house. I saw young Burgess the prisoner there, knocking the wainscoting to pieces.

What time was this? - It might be about twelve o'clock, but I cannot exactly tell the time. He was pulling down a partition. When they saw me bring the beer they came round me, and I served them half a pint a piece. The prisoner came to me for some; he was all of a sweat; he snatched it out of my hand before the others were served.

Did you know him before? - No, but I took particular notice of him by his coming to have the beer first.

Are you sure he is the person? - I am. I served the beer out, then I left him. I saw him taken up the Sunday following.

How long were the mob at Mr. Lynch's destroying the house? - They came about half after ten o'clock. It was about two hours before they came to my house.

Jury. Did you see the prisoner taken up the Sunday following? - Yes, I believe it was, but I will not be certain.

Jury. The other witness said he believed it was a fortnight after.

Counsel for the Crown. The house was destroyed on the Wednesday, he was examined on the Thursday se'nnight following. He was taken up four days before he was examined.

From the Prisoner. What time did you see me there? - About twelve in the morning.

JOHN LYNCH < no role > sworn.

You had a house in Golden-lane? - I had. The mob came to my house on Tuesday night between ten and eleven o'clock I believe it was, but I cannot speak exactly to time; the house was then in very good repair. I saw it again the next day; it was torn all to pieces, the flooring and wainscoting was pulled down throughout all the rooms.

PRISONER's DEFENCE.

I am not guilty.

For the prisoner.

DANIEL PERKINS < no role > sworn.

I have known the prisoner five months; he has been a very sober honest boy the time I have known him.

JOHN KEBBLE < no role > sworn.

I have known him from about January last. I believe him to be a very honest boy. We have been acquainted pretty much since. I never heard any thing against his character.

JOHN BURGESS < no role > sworn.

I am the father of the prisoner. At the time they have sworn to, he was in bed with me.

What night do you speak to, Tuesday night? - Yes.

What time was he in bed on Tuesday night? - At half after nine o'clock.

What time did he get up in the morning? - At nine o'clock.

Was he ever out of bed the whole night? - No, not at all; I was with him all the time. He had more witnesses to his character, but they are not come.

GUILTY ( Death .)

(He was humbly recommended by the Jury to his Majesty's mercy, on account of his youth.)

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