<div1 type="trialAccount" id="t17800628-31"> <interp inst="t17800628-31" type="collection" value="BAILEY"></interp>
<interp inst="t17800628-31" type="uri" value="sessionsPapers/17800628"></interp>
<interp inst="t17800628-31" type="after" value="17800628"></interp>
<interp inst="t17800628-31" type="before" value="17800628"></interp>
<join result="criminalCharge" id="t17800628-31-off159-c358" targOrder="Y" targets="t17800628-31-defend420 t17800628-31-off159 t17800628-31-verdict161"></join>
<p>320. <rs type="persName" id="t17800628-31-defend420"> <interp inst="t17800628-31-defend420" type="role" value="proceedingsdefend"></interp>
JAMES GALL <interp inst="t17800628-31-defend420" type="surname" value="GALL"></interp>
<interp inst="t17800628-31-defend420" type="given" value="JAMES"></interp>
<interp inst="t17800628-31-defend420" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17800628-31-off159" type="offenceDescription"> <interp inst="t17800628-31-off159" type="offenceCategory" value="breakingPeace"></interp>
<interp inst="t17800628-31-off159" type="offenceSubcategory" value="riot"></interp>
that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble on the <rs id="t17800628-31-cd160" type="crimeDate">8th of June</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17800628-31-off159 t17800628-31-cd160"></join>
, to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of <rs type="persName" id="t17800628-31-victim422"> <interp inst="t17800628-31-victim422" type="role" value="proceedingsvictim"></interp>
Cornelius Murphy <interp inst="t17800628-31-victim422" type="surname" value="Murphy"></interp>
<interp inst="t17800628-31-victim422" type="given" value="Cornelius"></interp>
<interp inst="t17800628-31-victim422" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17800628-31-off159 t17800628-31-victim422"></join>
</rs>
against the form of the statute, &c. </rs>
</p>
<p> <rs type="persName" id="t17800628-31-person423"> <interp inst="t17800628-31-person423" type="role" value=""></interp>
CORNELIUS DEMPSEY <interp inst="t17800628-31-person423" type="surname" value="DEMPSEY"></interp>
<interp inst="t17800628-31-person423" type="given" value="CORNELIUS"></interp>
<interp inst="t17800628-31-person423" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I keep the sign of the White Lion, a public-house, in White Cross-street.</p>
<p>Do you know Mr. Murphy's house? - Very well.</p>
<p>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 <rs type="persName" id="t17800628-31-person424"> <interp inst="t17800628-31-person424" type="role" value=""></interp>
James Gall <interp inst="t17800628-31-person424" type="surname" value="Gall"></interp>
<interp inst="t17800628-31-person424" type="given" value="James"></interp>
<interp inst="t17800628-31-person424" type="gender" value="male"></interp>
</rs>
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.</p>
<p>Did you know Gall before? - Yes; I lodged in the same house with him four years ago.</p>
<p>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.</p>
<p>Are you sure the prisoner is the man of whom you have been speaking? - I am sure he is the man.</p>
<p>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.</p>
<p>Cross Examination.</p>
<p>When did you go? - On the 10th.</p>
<p>After the proclamation? - Yes.</p>
<p>Had you heard of the proclamation when you went to give evidence? - There was no money at that time offered, only a proclamation.</p>
<p>Did you expected any money when you went? - No.</p>
<p>Do you claim any reward? - No.</p>
<p>Can you read? - Yes.</p>
<p>Did you read the proclamation? - Yes.</p>
<p>How then could you tell the gentlemen there was no reward offered? - I did not read the proclamation, I did not expect any reward.</p>
<p>What are you? - I keep a public-house.</p>
<p>You say you did not stay above a quarter of an hour? - No, they were pulling the house to pieces; I went off.</p>
<p>This man you knew perfectly well before? - Yes.</p>
<p>Did you see any of his neighbours there? - Yes; one.</p>
<p>Did you see Mr. Poole? - No.</p>
<p>Did you see Mr. Read? - No.</p>
<p>Did you see Mr. Wigmore? - No.</p>
<p>When was the first time you discovered this? - On Saturday.</p>
<p>Not before Saturday; how came you to keep it to yourself till Wednesday? - I did not know where he lived.</p>
<p>Did not you know where to find him? - No.</p>
<p>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 <rs type="persName" id="t17800628-31-person425"> <interp inst="t17800628-31-person425" type="role" value=""></interp>
King <interp inst="t17800628-31-person425" type="given" value="King"></interp>
<interp inst="t17800628-31-person425" type="gender" value="male"></interp>
</rs>
, and we took him directly.</p>
<p>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.</p>
<p>Counsel for the crown. Did you mention that you had seen the prisoner at the bar to any of your acquaintance before Saturday? - No.</p>
<p>Jury. You say if he had gone out of the way you did not want to give yourself any trouble about him? - No.</p>
<p>(The counsel for the crown offered evidence to prove the demolition of the house. But the counsel for the prisoner admitted it.)</p>
<p>Prisoner. I leave my defence to my counsel.</p>
<p> <xptr type="pageFacsimile" doc="178006280080"></xptr>
For the prisoner.</p>
<p> <rs type="persName" id="t17800628-31-person426"> <interp inst="t17800628-31-person426" type="role" value=""></interp>
DAVID READ <interp inst="t17800628-31-person426" type="surname" value="READ"></interp>
<interp inst="t17800628-31-person426" type="given" value="DAVID"></interp>
<interp inst="t17800628-31-person426" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>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.</p>
<p>Did Dempsey know he lodged there? - I believe he did.</p>
<p>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.</p>
<p>Did you see any body pull down the window frames? - Yes; several.</p>
<p>Did you see the prisoner there? - No.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>You will not swear he did not pull out the frames? - He was not there.</p>
<p>Will you swear he was not there? - I did not see him there.</p>
<p> <rs type="persName" id="t17800628-31-person427"> <interp inst="t17800628-31-person427" type="role" value=""></interp>
RICHARD PICKBARROW <interp inst="t17800628-31-person427" type="surname" value="PICKBARROW"></interp>
<interp inst="t17800628-31-person427" type="given" value="RICHARD"></interp>
<interp inst="t17800628-31-person427" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am an embosser.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p> <rs type="persName" id="t17800628-31-person428"> <interp inst="t17800628-31-person428" type="role" value=""></interp>
NICHOLAS POOLE <interp inst="t17800628-31-person428" type="surname" value="POOLE"></interp>
<interp inst="t17800628-31-person428" type="given" value="NICHOLAS"></interp>
<interp inst="t17800628-31-person428" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>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.</p>
<p> <rs type="persName" id="t17800628-31-person429"> <interp inst="t17800628-31-person429" type="role" value=""></interp>
RICHARD CRAVEN <interp inst="t17800628-31-person429" type="surname" value="CRAVEN"></interp>
<interp inst="t17800628-31-person429" type="given" value="RICHARD"></interp>
<interp inst="t17800628-31-person429" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a journeyman shoemaker, and live at No. 5, in Grub-street. Gall lodged and boarded with me near three years.</p>
<p>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.</p>
<p>Do you recollect how long he worked that day? - Not particularly.</p>
<p>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.</p>
<p>Cross Examination.</p>
<p>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.</p>
<p>- MORRISON sworn.</p>
<p>I have known the prisoner upwards of a twelve-month. He is a very sober careful man; he worked very hard.</p>
<p> <rs type="persName" id="t17800628-31-person430"> <interp inst="t17800628-31-person430" type="role" value=""></interp>
JOHN BOBINSON <interp inst="t17800628-31-person430" type="surname" value="BOBINSON"></interp>
<interp inst="t17800628-31-person430" type="given" value="JOHN"></interp>
<interp inst="t17800628-31-person430" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>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.</p>
<p> <rs type="persName" id="t17800628-31-person431"> <interp inst="t17800628-31-person431" type="role" value=""></interp>
GEORGE CARTER <interp inst="t17800628-31-person431" type="surname" value="CARTER"></interp>
<interp inst="t17800628-31-person431" type="given" value="GEORGE"></interp>
<interp inst="t17800628-31-person431" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a shoe-maker. I have known the prisoner between two and three years he; is a sober, honest, industrious young fellow.</p>
<p> <rs type="persName" id="t17800628-31-person432"> <interp inst="t17800628-31-person432" type="role" value=""></interp>
BENJAMIN RUSHTON <interp inst="t17800628-31-person432" type="surname" value="RUSHTON"></interp>
<interp inst="t17800628-31-person432" type="given" value="BENJAMIN"></interp>
<interp inst="t17800628-31-person432" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>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.</p>
<p> <rs id="t17800628-31-verdict161" type="verdictDescription"> <interp inst="t17800628-31-verdict161" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice ASHHURST.</p>
</div1>

View as Text