392. JOHN BARRETT proceedingsdefend was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously, assemble, on the 7th of June , to the disturbance of the public peace, and did begin to demolish and pull down the dwelling house of Christopher Connor proceedingsvictim , against the form of the statute; &c.

ANN CONNOR < no role > sworn.

Our house was attacked about ten o'clock on Wednesday the 7th of June.

Do you remember seeing the prisoner there? - Yes; some time after the goods were destroying I jumped out of the one-pair-of-stairs window to save my life. I fell into the street. I got up again, and the prisoner struck me on the shoulder with a kind of a coach wheel spoke, a piece of thick wood, which he had in his hand, and knocked me down.

Do you know whether he saw you fall? - He must see me fall; as I rose up again he gave me another blow: he then came round me, put his hand into my pocket apron and took what money I had. They had broke all the bars out of the cellar door; he got into the bar and left me; I thought to get into the bar; I could not. I withdrew a little and got behind the mob; they broke down the back yard gate and I got in again backwards in about five minutes; I found an old cloak and hat belonging to my servant; I put them on and stood among the mob, hoping they would take me for one of them.

Did you see this man do any thing more? - I did not go any more to the place where he was, I was backwards; I saw him backwards and forwards on the outside of the house; I only saw him waving his stick about; he was very dirty; he seemed to have fallen down in the dirt.

During the time you speak of were the mob doing any thing to the house? - Yes, they were very busy destroying the goods and pulling down the house; the inside, the window frames, and wainscoting are all taken out.

Had they destroyed the wainscoting before you went out? - No.

When was the prisoner taken up? - Last Sunday was a week.

Upon whose information was he taken up? - I believe upon mine; I knew him but did not know his name; I enquired; they called him Hell fire-Jack. We had no habitation; we came back to a little house on the same spot of ground, till we got a knowledge of these people.

How came you to know his name afterwards? - The people in the yard where he lived told me.

Prisoner. Whether she can swear to what clothes I had on? - They appeared to me to be brown, but they were covered with dirt and mud.

JOHN CHIVERS < no role > sworn.

I am a shoemaker by trade. I live in Whitechapel. I was at Connor's door after the mob began to destroy the house; I saw the prisoner at about a quarter after ten or half after ten o'clock; I walked up to the door and looked in at the windows; the prisoner came out in three or four minutes; then a woman came out with a bed; he laid hold of the bed and lifted it up higher for her.

What were the people doing when he came out? - Demolishing the wainscoting as fast as they could, and bringing the things down.

Prisoner. What sort of clothes had I on? - Brown.

Prisoner. You have said blue; you know you have been a thief-taker all your life, and you come to swear my life away? - I mentioned it to Mrs. Connor < no role > the next morning when he had his hand tied up.

PRISONER's DEFENCE.

I was at home about nine o'clock. Mrs. Mills came and asked me to help her take some of her goods out, as she expected the rioters to come to her house. I went to her house, and then I came away and had a pint of beer and went to bed.

For the Prisoner.

ALICE MILLS < no role > sworn.

I live opposite Connor's house; the prisoner did not know of any riot there till I brought him down stairs. I had got two persons committed to Newgate; as the prisoners were let out I expected my house to be pulled down. Between nine and ten o'clock I took a tea-chest in my hand and went into the prisoner's room; he had his waistcoat unbuttoned, and was going to bed. I said, you do not know the distress I have been in; I expect the people to come from Newgate to pull my house down, I wish you would take my apparel into your room and save it for me; his wife had just lain in; she said he might go with me and save what he could.

He does not live in the same house with you? - No, he lives at one Mr. Cooper's, about four doors from me; as we came down stairs there were two gangs of rioters came into the yard; they came down Wentworth-street way from the high street; when we got down to my door opposite the prosecutor's there came in another gang from Whitechapel, and then they filled the yard quite to my door. I said now I must not move any thing for they will think me a Roman Catholick < no role > if I do. I said his wife would be frightened, and desired him to go back to his wife; he went back and went to Mr. Hill's, a publick-house, and had a pint of beer. I was at the door all the whole night.

How do you know he went there? - Mr. Hill will witness he was there. I sent some parcels about twenty minutes after, and his wife answered out at the window and said, Mr. Gandon's people were in bed and would not let any parcels in; they were frightened. I have no more to say; I could not get my parcels in, no-body would take them; I was at the door all night, I durst not go in.

JUDITH GANDON < no role > sworn.

The prisoner came home about a quarter before nine o'clock, before the riot began. He lives in the same house I do; he has the lower part and keeps a cooper's shop. He went up stairs directly; in about half an hour Mrs. Mills, the last witness, came in and said the prisoners were come from Newgate, and she was afraid they would destroy her house. She asked the prisoner to assist her; his wife begged of me to keep the door shut, that he might not go, for fear he should be murdered. The door was opened; he went out and came in again in about a quarter of an hour; he staid a few minutes and then went out a different way from where the rioters were. He came in again in about five minutes, as near as I can guess, and then went to bed. I went up for his candle because his wife had lately lain in; it could not then be above a quarter or half an hour after ten o'clock.

Can you take upon you to say positively that he was not out of his house after half after ten o'clock? - That I can. I think before that, about eleven o'clock, the prosecutor's wife came to the house; I had just stepped over the way; the door was open; she brought some goods, and then she did not say any thing about being robbed, not a word.

What did she bring the goods for? - To be safe. She had saved them out of the fire herself. More than that, a woman who came to bring some goods, told me, that a man who lived in her house, had been robbed of his watch and buckles, but never mentioned Mrs. Connor being robbed. I know nothing of that woman, I never saw her before. I never heard it mentioned that he had done such a thing till the Sunday after the riot, which was on the Wednesday. I told the prisoner what I had heard; he did not seem at all confused at it; he said he knew himself innocent, it was no such thing. I mentioned it to him two or three times after; he said he had been told of it by other people and had been desired to go off, but he would not go off as long as he knew his own innocence. I believe him to be a very honest man. I have been out of a Sunday, and left him all day in care of the house; I never missed any one thing.

JOHN BRISTOL < no role > sworn.

I am apprentice to Mr. Gandon, in Black Lyon-yard, Whitechapel. I let the prisoner in a little after nine o'clock. He lodges at our house; he went up into his own apartment. A short time after he had been there Mrs. Mills came and asked him to help her remove some of her goods, for she expected the mob at her house. He went, and returned in ten minutes or a quarter of an hour at farthest. He went up stairs; after staying a little while he went out to a publick-house to have part of a pot of beer; he returned in a little better than five minutes, and went to bed, and I saw him in bed several times, being in the room.

How late in the evening did you see him in bed? - The last time in the evening I saw him in bed was about twelve o'clock.

JONAS GANDON < no role > sworn.

The prisoner lodges in my house. I was not at home on the night of the riot till almost twelve o'clock. When I came home I found all the family exceedingly alarmed; the mob were destroying Mr. Connor's house. I was about the fire several times; I did not see the prisoner there; I was told he was in bed, but I did not see him in bed.

Was you near the prosecutor's house? - Yes, three or four different times. I saw three or four people there whom I did not know, but I should know again if I was to see them. I went home about half after twelve o'clock, and was up in my house till about three in the morning. I locked the door and took the key out; I got up about half after seven, and I saw the prisoner go out about eight o'clock.

Could he have got out without your knowing it? - He could not have got up without some of the family knowing. I was the first up, I believe.

Where did you put the key? - I hung it up in the kitchen; I locked the kitchen door and carried the key of the kitchen up to my sister's room, as I always do.

Is your sister here? - Yes.

To Judith Gandon < no role > . What time did any of the family come for the key in the morning? - I cannot tell.

Jonas Gandon < no role > . The Sunday following I was informed that the prisoner was seen to be very busy at Mr. Connor's; Mr. or Mrs. Connor had mentioned it; I spoke to the prisoner about the matter. He avowed his innocence. He never has left the house I live in, except going backwards and forwards to his work, and then passed the house. They lived in Black Lyon-yard after their house was destroyed; he was under the necessity of passing by their house two or three times a day. He was suffered to go at large for sixteen days I believe; he was taken last Sunday was a week. He lodged with me about seven months. I believe he is a very honest man; he and his wife have been entrusted with the care of the house. I beg to ask your lordship, has there a man been examined against him of the name of John Chivers < no role > ?

Court. There has.

Gandon. He is a runner to a justice, I believe, at the Rotation-office.

Chivers. I never was.

Gandon. I believe he is a runner. He is dressed differently now to what he generally is; he is generally dressed in a low way; he is dressed now like a working man, to make him appear more creditable, I suppose.

THOMAS BOARDHAM < no role > sworn.

The prisoner had a job in hand for me at the time; he came to me the next morning after Mr. Connor's house was pulled down, at about half after nine, to borrow a shilling; I told him I could not lend it for I had no silver in my pocket. He came again the next morning and I lent him sixpence. Then he went to work for me. In the afternoon I lent him a shilling more. The next morning he came to work again and worked all day; at night I paid him three shillings and ninepence for work which he had done for me. He finished my job on the Saturday night after. He did not work for me the day of this affair at Connor's, because I was not ready, he did the day after, and the next to that; that is all I know about it.

WILLIAM EWER < no role > sworn.

I have known the prisoner going on two years; I always looked upon him to be an honest man. He worked for me six months. He has received money for me, and always brought it me truely.

EDWARD DAWSON < no role > sworn.

I have known the prisoner three or four years. He has worked for me three or four different times. He was always an honest man from what I know of him.

THOMAS CHALLONER < no role > sworn.

I have known the prisoner two years. He worked for me as a wheeler, and always behaved very well. I believe he is a very honest man.

NOT GUILTY .

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