325. THOMAS HAYCOCK proceedingsdefend was indicted for that he, together with five hundred other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 6th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling-house of Richard Akerman proceedingsvictim This name instance is in set 4413. , against the form of the statute, &c.

JOHN LAMBERT < no role > sworn.

Before I proceed to give evidence against the prisoner, I beg the court will indulge me with some observations on my conduct. It has been suggested by the prisoner's friends that I have prosecuted this man for the reward; and that notion has so prevailed that I have been insulted from day to day. I steer clear of that matter; I disclaim the reward. I hope the court know me so well that they know I do not want it.

What business are you? - A tallow-chandler, in Jermyn-street, St. James's.

Inform the jury at what time on Tuesday evening, the 6th of June, you saw the prisoner? - On Tuesday evening, the 6th of June, I was at the Bell, in St. James's-market, which is a house the neighbours generally use, at about ten o'clock in the evenning drinking a glass of wine, after my business was over. I was sitting in the tap-room, the prisoner came in and sat himself down by me.

Were any persons in company with you? - Yes; Mr. Pudfont, a corn-chandler, Mr. Watson, and Mr. O'Brien, were in company with me.

Did you know the prisoner before? - Yes. A number of years; he was then a waiter at the St. Alban's-tavern. I should apprehend he knew Mr. Pudfont exceeding well.

You say he knew you exceeding well? - Yes; and I knew him exceeding well.

Go on and repeat the words he made use of? - I will not say any thing else; I am as sorry for this affair as any of his friends can be. He sat down by me and told me with an oath what he had been doing.

You are now speaking your inference and not his words, speak in the very words he used, as nearly as you can recollect? - He said, D - n my blood I have done the business! I asked him what business he had been doing. He said, He had pulled down Akerman's house and let out all the prisoners. I told him I was exceeding sorry for it, and wished he had been otherwise employed; and added that I thought he had had a very disagreeable hard job of it. I asked him which way he accomplished it. He told me that in order to get into Mr. Akerman's house they put a tall man upon the shoulders of another man that stood by; that by that means, butting with his head and shoulders, he got admission; and he would not have had such knocks upon his head and shoulders for a great deal of money. He said he was the first man who entered Newgate, and after demanding the keys they gave Mr. Akerman five minutes time to consider of it. But I do not know whether he said he did give them the keys or not; I believe he did not say so. But he said, with the sheets and furniture of Mr. Akerman they set fire to the door, with a beaureau he particularly mentioned they set fire to the door. He said then, that My lord Mayor had sent about fifty constables, he believed, with long slaves; that one man was obstinate and would not give up his staff, upon which his companion cut him across the face with his cutlass. I told him I was exceedingly sorry for what he had done; and admonished him on the impropriety of his conduct. He then related to me His heading the mob from the Parliament house to Justice Hyde's-house. That after leaving a party to complete the business at Justice Hyde's, be marched them to the end of Drury-lane; and in his way be collected weapons from different shops, such as Coach-makers, and, I think he said, Braziers. That at the end of Drury-lane be separated them into three divisions; one went to Bloomsbury-square, another to Newgate, but I will not be certain where he mentioned that the other party went to. I asked him what could induce him to do all this? He said the cause. I said, do you mean a religious cause? He said no; for he was of no religion. He said, there should not be a prison standing on the morrow in London. He said, the Bishop of London's house as well as the Duke of Norfolk's house should come down that night. I said, I was sorry he should offend the Duke of Norfolk, an old gentleman like him who I dare say had given him many a guinea for waiting on him. He said, perhaps you will inform against me Mr. Lambert.

Calling you by your name? - Yes, I think he called me by my name; then I said I did not know that I should, but I was very likely to do it. He said, he did not regard that for he was well supported; he mentioned the names of six or seven noblemen, and members of parliament, one of which I know is false and hope all the rest is.

How long did he continue there after this? - He asked me to give him a glass of wine. I would not. I bid him go home to bed and think better of it; and I believe he went away directly.

Did he appear, at the time of this conversation, to be sober or in liquor? - I do not think he was very sober.

How long was it before you made any mention of this to any one? - I mentioned it next day or the day after to Mr. Smith who sits there. I mentioned it to Mr. Booker, Lord Gower's gentleman, the next morning; when the prisoner found I had mentioned it he fled.

Cross Examination.

How long was he in this alehouse? - Perhaps half an hour.

Not longer? - He had only a tumbler of wine and water.

So the company were entertained with the story? - He directed his discourse principally to me.

To you, his best friend; then you and he were very intimate I suppose? - I have known him a great while.

He came and told you all this rigmarole story at that place? - He did.

You found part of what he told you to be false? - I said I wished it might appear to this court that the men were innocent; the nobleman was Lord Ongley.

Then you enquired of Lord Ongley? - No I did not.

Then how did you know whether it was true or false, one of the noblemen you did enquire of? - I did not enquire of any one.

Who did you enquire of? - I was examined before the privy council, from what I said, Lord Hillsborough told me he was sure that Lord Ongley would not be employed in any such thing, for he was a different man.

I will take it any way you will; then you know that is one lie he told you? - I wish it may all turn out to be lies.

Part of it then we understand to be false? - That part, as I understand, was.

You say he was a little in liquor? - I think he was.

You have known him a good while? - Yes.

I believe you have known him long enough to know that when he is in liquor he is a strange prating gentleman? - I think he is a very stupid fellow altogether, or he would not have told me what he did.

And when he is drunk he is wiser than when he is sober is he? - I never kept him company when he was drunk.

Did you never hear him talk rhodomantade stuff when he was drunk? - What sort of stuff.

Any sort of rhodomantade lies if you please; when he is drunk you know he is next to a madman? - I have heard them say he has been insane.

Do not you know that when he is drunk he is little better than a madman? - I do not keep him company when he is drunk.

Have not you seen him drunk? - Very frequently, very often.

You gave him a little admonition, it would have been kind to have given that before he had gone these lengths? - I did that night intend to have him taken into custody but I was fearful there was nobody ready to assist then; the next day the military came.

Do not you know that he went home singly to the St. Alban's-tavern? - No.

Did not you go immediately after he left the place in pursuit of him? - I was afraid that my house would be served as Mr. Rainforth's had been if I had meddled with any of those kind of people.

Did you caution him while you was talking with him;

"take care, you are confessing you have been guilty of a felony?" - No.

Nor any body there? - Not that I know of.

And nobody attempted to seise him at that moment? - No.

You let him tell a story of the most horrid scene that ever was, of the destruction of Newgate, and then let him go away very quietly? - I gave the reason for that before.

Did not you know that what he said he had been doing was a felony? - Yes, but I did not think much about it.

Did you really believe him to be telling the truth? - I did not think much about it then.

It was generally, I have destroyed Newgate, I have done this, and I have done the other? - I said, I and We.

Did you then believe that this man meant to destroy the Duke of Norfolk's house at that time, and tell you and all that company of it? - I had some reason to imagine he would from what he said, because other people's houses were burned down after they had said so.

If this man had such an intention, and had communicated it to you in that way, could not you and the company have prevented his going? - I do not know that the company or I had any business at all with it, I was fearful, or I would have charged the watch with him.

Whether you did not understand that this man was telling a very strange unaccountable tale? - It was a strange tale, if it was true; I had only his own word for it.

Did it not appear to you to be much more like the effects of liquor and the rhodomontade of a drunken silly fellow? - I have already said I thought him not to be sober.

I believe you have frequently made your declaration about what your wishes are upon this occasion, did you make any declaration of vindictive violence against him? - I have said I wished he might get quit of this, and I believe I said so to him when he was before the magistrate.

Did you never declare to any one that you did not think this man's life would suffice for the crime he had been guilty of, but wished it could reach his soul as well as his body? - I said whoever was aiding, abetting , or concerned in committing the violences they had done, I thought their lives were not an atonement to the publick, nor were they worth taking away, nor preserving.

Did not you say you wished to follow his soul to hell? - I have been set upon, I have been beat and lamed, and had soldiers in my house; and I am sure I have said nothing that could hurt the man, why should the people now use me in that manner!

Are they your neighbours that use you thus? - I cannot tell.

Who was by at the time? - I do not wish to tell. When I was in company that night I believe I did swear an oath, but it was not to that man.

Why are you persecuted? - It is supposed I have taken a very active part in it, and that it did not concern me; they said I was only a busy foolish fellow.

They told you so? - Yes, some of the waiters said so.

Let us know who the people are that persecute you, are they your neighbours who live near you? - No, there was one man in particular came to my house.

Do you know his name? - No.

Did you ever hold any conversation respecting this matter with a Mr. Charles Stewart < no role > ? - I know him exceeding well, I have had conversation with him upon it.

Do you recollect what you have said to him about this matter? - Nothing that could affect this man; I always wished they would turn their attention to something else, I did not like it to be mentioned.

THOMAS WATSON < no role > sworn.

What are you? - A Coach-wheel-wright.

Was you at the Bell in St. James's Street on Tuesday the 6th of June last? - I was.

At what time? - I was there for better than two hours in the evening.

What company was there? - Mr. Lambert, Mr. O'Brien, one Mr. Pudfont and I.

Did you see the prisoner there? - I did.

Give a particular account of what you heard the prisoner say, and as near as you can give it in the prisoner's own words? - When he first came in he swore an oath, and said, We have been and done the business we intended to do. I asked him what business they had done? He said, We have burned Mr. Akerman's goods, and let all the prisoners out of Newgate. I said he had better not say any thing more about it, if he had been concerned in such a thing. He said they were first at Westminster, that he headed a party up to Justice Hyde's house, that then he headed a party which went up Long-Acre, that they stopped there and in Holbourn to get such things as they wanted, such as crows, hammers and chissels; that then they went to Newgate. He said they gave Mr. Akerman six or seven minutes to consider whether he would let them have the prisoners out. He said Mr. Akerman would not deliver the prisoners; that then they set to work and got into the house in about fifteen minutes.

Is that all the conversation you remember? - That is all I can recollect; there might be more, which I have forgot.

Did you know the prisoner before? - Yes, I have seen him many times.

Did he appear to you to be sober or drunk at that time. - He appeared to me to be rather in liquor, his hands were very dirty, and he seemed to have a scratch upon the back of one of them.

Cross Examination.

How long was he at this alehouse? - It might be half an hour, or perhaps not so much.

Was all that you have been mentioning addressed to you? - To the company; there were four of us.

We have had a great deal more from another gentleman, I wish you could recollect it; your memory is not very good, is it? - No.

You say he was much in liquor? - Rather in liquor.

What do you mean by that? - He seemed to be rather in liquor; he appeared to have drank a little, but not so as to be drunk.

FRANCIS O'BRIEN < no role > sworn.

Were you one of the company at this alehouse in St. James's Market, on Tuesday evening? - I was.

Do you remember what time it was the prisoner came in? - About half after eleven I believe, it was somewhere thereabouts.

Who were your company when he came in? - Mr. Lambert < no role > the tallow-chandler, Mr. Watson, Mr. Pudfont, a corn-chandler, and I believe one more, but I am not certain.

Repeat as nearly as you can what you recollect of the conversation of the prisoner when he came in? He came in with his knuckles bloody; he said, D - n my eyes, Jack, we have done for 'em now! Done for who? said Mr. Lambert. Why (says he) we have set Newgate on fire, and let the prisoners out. Then he began to tell a story, How he headed the people from Leicester-fields; that he went into some shops in Long-acre; that there they got spokes of wheels, crows, pickaxes, and iron bars, and then went to Newgate.

You do not recollect exactly the words he made use of? - It was to that purpose. From thence (he said) they proceeded to Newgate, and gave them five minutes LAW. That was his expression, that they demanded the prisoners, but Mr. Akerman would not give them up. That there was a short man there with broad shoulders; a tall man got upon his shoulders and butted his head against the windows, and in four or five times he shoved the window in, and so got in; then (he said) we set fire to the doors of Newgate. I think he said they set them on fire with some sheets and some combustibles. When we had done, I despatched a body down to Bloomsbury-square; when they have done there they are to go to the Bishop of London's house, and some to the Duke of Norfolk's.

They both live in St. James's-Square I think? - Yes; Mr. Lambert said -

"Tom, what harm has the poor old fellow done, you have had many a guinea of his money. Is that religion." - The prisoner replied, D - n my eyes I have no religion, but I love to keep it up for the good of the cause, and by to-morrow night you shall not have a prison left in London. Mr. Lambert advised him to go home. Said he,

"Tom, you have no property to lose, when you have lost that coat on your back you have lost all you are worth." The prisoner said, No matter for that, we are well supported; we have six members of parliament. There was very little else passed, without it was his asking for a glass of wine, and asking Mr. Lambert whether he would inform against him. The prisoner asked him to give him a glass of wine. Mr. Lambert said,

"he would not, and bid him go home and go to bed."

Cross Examination.

He asked him whether he would inform against him? - He answered, I do not know whether I may not.

When he came in he said we have done it? - He said we have done the business; we have set fire to Newgate.

CHARLES SAUNDERS < no role > sworn.

You are, I believe, cook at the St. Alban's tavern? - I am.

The prisoner was a waiter there? - Yes.

Was you at Newgate any time during the attack upon Mr. Akerman's house? - Yes.

Did you see him there? - No; I saw him the former part of the evening coming down Holbourn, a little below Holbourn Bars. I was walking promiscuously.

Was he with any body? - Yes; he was with Monckford.

Which way were they walking? - Down Holbourn.

Towards Newgate? - They were walking that way.

Did you see him at Newgate? - I did not.

To Jennings. Describe how the first man got into the house? - He was lifted up and pushed in.

How? - By two men; he appeared to me to be lifted up and pushed in.

Prisoner. I leave my defence to my counsel.

For the prisoner.

- WOOD sworn.

I believe you saw the prisoner on the evening Newgate was destroyed? - Yes, I did; he came into my house about half past eleven o'clock.

Was he drunk or sober? - He was very much in liquor. I was condemning him very much for being in liquor, and advised him to go home to bed. I keep a coffee-house under the hotel, Covent-Garden. He went and lay at a house in our neighbourhood.

Have you known him long? - I have known him from a child.

Has he in any part of his life shown marks of insanity? - He is a madman; he was confined some months; he fell into the fire and burned himself during the time of his madness.

That accident was not the effect of liquor but madness? - Madness. I visited him several days.

He was confined was he not? - Yes; and there was a strait waiscoat in the room.

I am informed when he is drunk he is as bad; is it so? - Yes.

In his sober senses how is he? - A young man who bears the best of characters.

When he gets a little in liquor is he apt to rhodomontade, and tell a number of stories? - Very much so.

Cross Examination.

How long has he been discharged? - About two months.

Where has he been since? - I do not know that; he has been a waiter. I think they gave him the run of the house.

To Sanders. When you saw him about Holbourn-Bars was he drunk or sober? - I cannot say. I believe he was rather in liquor but I am not positive.

- LAW sworn.

I believe you saw this young man on the night Newgate was burnt? - Within a few minutes of eleven o'clock, for it could not be past eleven o'clock, he came to my house; he seemed a good deal disguised with liquor. I have known him four or five years.

Exclusive of liquor is he a man of good character? - Yes.

Do you know that he has been afflicted with insanity? - I have heard that he has been out of his mind, and had a strait waistcoat on. I do not know it of my own knowledge.

THOMAS CREASER < no role > sworn.

I have known the prisoner ever since he was a child.

Do you know whether he has or not at any part of his life been afflicted with insanity? - He most certainly has, and that so late as February last. I attended him frequently to see that proper care was taken of him.

He was confined? - Yes; and there was a straight waistcoat in the room, partly by my order; he was much afflicted with insanity; he fell into the fire and burnt himself very much.

Is he apt to be afflicted with it when he is in liquor? - Yes; I advised him not to get in liquor; when he is in liquor he is like a madman. When I heard the strange story Mr. Lambert has told; and the stranger confession he made, which was the first circumstance I heard of the prisoner having been in the riot, it alarmed me; but knowing that when he was in liquor he would tell strange stories I advised him to surrender himself, as I did not believe he was guilty of one little of it. I took him to Lord Hillsborough's. From what he confessed to me, I was not backward to act the part I did in advising him to surrender, and he voluntarily surrendered himself.

Were there any promises from the Secretary of State if you did surrender him? - They apprehended that from h is connections they might, through him, get at some persons more guilty than he was, and advised me to surrender him, and that he would fare the better for it. I do not know that they used these words, but I understood it so.

Are you related to him? - By marriage; I married his mother's half-sister.

What character does he bear? - The most inoffensive young man upon earth; he is no one's enemy but his own when he is in liquor. After I had partly promised to surrender him some officious friends advised him to go out of the way, notwithstanding which I waited on his lordship, at the time I had appointed, with a friend, Mr. Wood, and acquainted his lordship with it.

Counsel. That is not material.

Mr. DIGGAN sworn.

You attended the prisoner some time ago? - I did.

What complaint did he labour under? - Insanity; he was quite mad.

How long ago? - Last January.

How long did he continue in that state? - I attended him about a month.

Do you apprehend, from the nature of the case, that upon his drinking too much liquor the disorder might return upon him? - I apprehend that it might be the case.

- COX sworn.

I live in the house in which the prisoner was confined in January last.

For what complaint? - Madness. I have known him a year and an half; he is a very civil, peaceable kind of man as ever lived, when he is sober.

How is he when he is drunk? - Very troublesome.

In what way? - In saying things there is no foundation for.

CALEB SMITH < no role > sworn.

I have known the prisoner seven years.

What is his character when in his sober senses? - A very good young man; but lately he has taken to drinking, and left his service on being out of his mind.

When? - About January.

PHILIP TOWNSEND < no role > sworn.

I have known the prisoner six or seven years; he is a very respectable character, but within this last six months he has drank very much, and gone under the appellation of Mad Tom.

When he is drunk he appears very much like a madman? - Yes.

- KALENDAR sworn.

I have known the prisoner ten years. I have seen him drunk very often.

How is he when drunk as to talking? - He runs on in a very strange manner.

When sober what character does he bear?

The character of a very honest young man.

JOHN CHILD < no role > sworn.

I have known the prisoner about eight or ten years.

What character has he borne when he is sober? An honest peaceable young man; he has some fits of insanity about him when he is in liquor.

GUILTY ( Death .

Tried by the First London Jury before Mr. Justice NARES.