320. JAMES GALL 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 Cornelius Murphy proceedingsvictim against the form of the statute, &c.

CORNELIUS DEMPSEY < no role > sworn.

I keep the sign of the White Lion, a public-house, in White Cross-street.

Do you know Mr. Murphy's house? - Very well.

Was you there when the mob attacked his house? - No. The windows were broke when I got there, which was at about seven o'clock in the evening. I saw James Gall < no role > pull out part of the sash frames and throw it out; the mob were breaking the furniture to pieces, and throwing it out, and likewise the inside of the house.

Did you know Gall before? - Yes; I lodged in the same house with him four years ago.

How long did you stay? - Not above a quarter of an hour; I stood opposite Mr. Murphy's house, the street is about twelve yards wide.

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

Was the prisoner taken up upon your information, was you sent for to give information, or did you go by yourself? - I went by myself.

Cross Examination.

When did you go? - On the 10th.

After the proclamation? - Yes.

Had you heard of the proclamation when you went to give evidence? - There was no money at that time offered, only a proclamation.

Did you expected any money when you went? - No.

Do you claim any reward? - No.

Can you read? - Yes.

Did you read the proclamation? - Yes.

How then could you tell the gentlemen there was no reward offered? - I did not read the proclamation, I did not expect any reward.

What are you? - I keep a public-house.

You say you did not stay above a quarter of an hour? - No, they were pulling the house to pieces; I went off.

This man you knew perfectly well before? - Yes.

Did you see any of his neighbours there? - Yes; one.

Did you see Mr. Poole? - No.

Did you see Mr. Read? - No.

Did you see Mr. Wigmore? - No.

When was the first time you discovered this? - On Saturday.

Not before Saturday; how came you to keep it to yourself till Wednesday? - I did not know where he lived.

Did not you know where to find him? - No.

Did not you know where he lodged? - No, not till Saturday; I then saw him go into an house and thought he lodged there. I went to Captain King < no role > , and we took him directly.

Did you mention his name to any body before Saturday? - No; if he had been out of the way I should not have given any information against him I believe.

Counsel for the crown. Did you mention that you had seen the prisoner at the bar to any of your acquaintance before Saturday? - No.

Jury. You say if he had gone out of the way you did not want to give yourself any trouble about him? - No.

(The counsel for the crown offered evidence to prove the demolition of the house. But the counsel for the prisoner admitted it.)

Prisoner. I leave my defence to my counsel.

For the prisoner.

DAVID READ < no role > sworn.

I am a shoemaker; I live in Grub-street; the prisoner is a journeyman shoemaker; I have known him ever since he has lodged where he did when he was taken up; he lodged there about three years.

Did Dempsey know he lodged there? - I believe he did.

Was you at Mr. Murphy's house? - Yes, I was there from six o'clock till the whole of it was down. I stood close to the house.

Did you see any body pull down the window frames? - Yes; several.

Did you see the prisoner there? - No.

If he had been pulling down the window frames must not you have seen him? - I must have seen him, I was there all the time.

If he had been active in beating out the window frames must you not have seen him? - I certainly must, I know him so well.

Counsel for the crown. Will you swear the prisoner did not beat out the window frames? - I will not swear that; I swear I did not see him.

You will not swear he did not pull out the frames? - He was not there.

Will you swear he was not there? - I did not see him there.

RICHARD PICKBARROW < no role > sworn.

I am an embosser.

Was you at Mr. Murphy's house, at the time it was demolished? - I went there a little after six and staid till near eight.

Did you see the persons pulling down the window frames? - I saw several people demolishing the house, but I did not see the prisoner. I have known him twelve months.

If he had been busily employed in pulling out the window-frames must you not have seen him? - I must have seen him; I was there opposite the house all the while; I did not see him there.

NICHOLAS POOLE < no role > sworn.

I am a master shoe-maker. I have known the prisoner eleven or twelve years. He served his apprenticeship with me; I have known him up to this time; he is an honest and sober a lad as ever was in any man's house.

RICHARD CRAVEN < no role > sworn.

I am a journeyman shoemaker, and live at No. 5, in Grub-street. Gall lodged and boarded with me near three years.

Do you recollect the night Mr. Murphy's house was pulled down? - Yes, it was on the Wednesday, the prisoner was at work that day and every day of the week.

Do you recollect how long he worked that day? - Not particularly.

Do you know Dempsey? - I have seen him several times, but never till this affair; I always found the prisoner an honest, sober, quiet, harmless young fellow; he is a very regular man, and supports his poor mother; he sends her half a guinea at a time.

Cross Examination.

You are not positive what time the prisoner went out that evening? - I did not take particular notice; I believe he went home between nine and ten, or just after nine o'clock.

- MORRISON sworn.

I have known the prisoner upwards of a twelve-month. He is a very sober careful man; he worked very hard.

JOHN BOBINSON < no role > sworn.

I am a master shoe-maker. I have known the prisoner about four years; he is a just honest young fellow; he worked for me, and did my business extremely well.

GEORGE CARTER < no role > sworn.

I am a shoe-maker. I have known the prisoner between two and three years he; is a sober, honest, industrious young fellow.

BENJAMIN RUSHTON < no role > sworn.

I am a stone-mason. I have known the prisoner about four years; he has got an exceeding good character from his behaviour, which has been more like a man of forty or fifty years of age than a youth.

NOT GUILTY .

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