395. BENJAMIN RULE proceedingsdefend was indicted for that he together with an hundred other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the 6th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Samuel Waterhouse proceedingsvictim , against the form of the statute, &c.

TERENCE GILL < no role > sworn.

I am a taylor and live in Tottenham-court-road. I was at Mr. Waterhouse's house in Little Russel-street, Bloomsbury , the morning it was destroyed, between twelve and one o'clock; I cannot be positive what day of the week it was. There were three or four hundred people there, I suppose; they were armed with bludgeons, and some had iron bars. I saw the prisoner among them.

Did you see them break into Mr. Waterhouse's house? - No, I did not. I saw them pull down some of the wainscoting, when it was almost over. When I first came the mob were in the house throwing out the boards; I saw the prisoner at that time, which was between twelve and one o'clock, pulling down some of the wainscoting of Mr. Waterhouse's house.

How long did you see the prisoner there? - About ten minutes or a quarter of an hour. There are two divisions; the schoolhouse and the front house, which does not join the dwelling-house, but is three or four yards from it.

Is there any way from the house into the school? - I do not know; I was only past the house. I staid there about a quarter of an hour; when he went away I followed him.

Did you see the prisoner the whole time? - Not the whole time; I saw him for between ten minutes and a quarter of an hour.

Did the prisoner say any thing? - Not at that time; he went away with thirty or forty others to the workshop of Mr. Simmonds. He said there were sixteen taylors at work for one Simmonds, in Monmouth-street there, and he would destroy the place where they were working. The prisoner said that directly as they left Waterhouse's.

Court. They were going there before he said that, were they not? - I do not know. As he came to the door he said so.

The dwelling-house of Mr. Waterhouse and the school-house are separate? - I believe so.

Did you see him do any thing in the dwelling-house? - I saw him in the school.

What were the mob doing in the house at the time he was in the school? - Throwing out the wainscoting and partitions of the house.

Did they appear to be the same mob which were destroying the house and the school? - I cannot say, I believe they were one mob.

Did you know the prisoner before? - Yes. I took notice of him in the street every time I passed by; I have seen him frequently for a year and a half; he is a barker at a shop in Monmouth-street.

What is a barker? - They stand at a clothes shop door and call to the people who go by to ask them if they want to buy any thing.

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

Do you know how the prisoner came to be apprehended? - Yes, upon my information.

Was the information made after the king's proclamation? - Yes, I think it was.

And do you consider yourself as entitled to the reward? - No, I do not, because I do not want it; I did not do it on that account.

If the prisoner is convicted and you are entitled to it shall not you claim the reward? - I shall not ask it, I will never claim it.

Cross Examination.

Of what religion are you? - A Roman Catholick < no role > .

This man was a barker in Monmouth-street, that is, one of the most publick persons there, how long was it before you took him up? - A fortnight or three weeks.

Was it not quite three weeks? - I believe it was.

How came you not to take him up sooner? - I was afraid of myself; my wife would not let me.

Did the fear remain for three weeks? - Yes.

That is longer than it remained in any body else's mind. - I do not know that I am safe now.

You never said that you made the information by the persuasion of any runner or constable that you might have fifty pounds? - No.

You did not talk to any one about it? - I did talk to some persons; they said I was a fool if I did not do it.

Did not you tell a gentleman that Grubb said you might have fifty pounds for taking up this man? - No; Grubb never told me so.

And you say you never told any body it was by the persuasion of Grubb that you took the prisoner up? - No.

Did you never tell Mr. Barber so? - I do not know that I did.

What think you of this very day; did you tell him so to-day? - Yes, I believe I told him to-day it was by the persuasion of people.

Did you tell him by whose persuasion? - I do not know that I did.

Do you know Mr. M'Cartney in Monmouth-street? - No, I do not indeed; I may know him, but not to be acquainted with him; I do not know where he lives.

You never said it was by his persuasion? - No; I never spoke to the man in my life.

The whole time you was there was a quarter of an hour? - Yes; I cannot recollect the exact time; I believe it was between twelve and one o'clock.

You knew the prisoner so well you must know where to find him to take him up? - Yes, but I did not think he would stay there.

Did you give him any information to go off? - No. I thought somebody else would take him up; he staid there three weeks.

But you thought somebody else told him of it? - Yes.

And yet he would not go away? - I thought he would be told of it.

When he was before the magistrate do you recollect trying different coats on him to see which coat he looked most like the man in? - Yes.

Did you say when he had one coat on he looked more like the man than in the other? - I did not say so; I knew him in any coat; it was the others wanted that.

What coat had he on that night? - I do not know, I did not take notice; I knew the man.

Had he a great coat on? - I do not know.

Had he any coat on? - Yes; he had a coat on.

Why did not you take him up sooner? - I did not think myself safe.

No more you do not you say now, how came you to be courageous all at once? - It struck my mind to take him up.

But your fears still remain? - I was always afraid ever since.

Court. At the justice's, though you knew the prisoner before, the other witnesses only knew him from his clothes? - I do not know how they knew him; the clothes were put on for the other witnesses to know him.

RICHARD POWELL < no role > sworn.

I am a tailor, in John-street, Tottenham Court-road.

Do you know Mr. Waterhouse's house? - I have seen the house; it is in Little Russel-street. I was there between ten and eleven o'clock at night of the 6th of June; I staid there about ten minutes; I believe there were then about forty or fifty people there.

Did you observe any body in particular there whom you knew? - No, not then.

RICHARD JORDAN < no role > sworn.

I am a tailor; I live in Duke-street.

Was you at Mr. Waterhouses's house? - No; I do not know any thing of it.

SAMUEL WATERHOUSE < no role > sworn.

I live in Hyde-street; I did live in Little Russel-street; I was not there when the mob came; I left it on the Tuesday, at about two or three o'clock in the afternoon; it was then in good repair; when I saw it afterwards not a sash, nor scarcely a bit of the sash frame, was left.

Is the way to the school through the house? - There is a little yard of about seven feet between the house and the school; there was a way through the house to the school, but we did not use it; the front of the school was in Gilbert-street.

Court. Unless you mean to connect the two mobs which assembled at the dwelling-house and school-house I apprehend in point of law you cannot support it; who is the landlord? - Mr. Brooksbank of both the buildings; they are under one house.

PRISONER's DEFENCE.

I was only looking on as a spectator in Gilbert street.

For the Prisoner.

ANN SHEPPARD < no role > sworn.

I am servant to Mr. Joseph Collison < no role > .

Do you remember the night this Roman Catholick < no role > school was pull down? - It was on Tuesday night; I was there from half after eleven till twelve o'clock. I saw Rule standing at the side of the street leaning on a pallisade at the side of the door; there were a great many people standing round him. He was only standing looking on as I myself was with a child in my arms. I heard of it the day after. I said to my master, Good Lord! what have they taken him up for, he was doing nothing.

Cross Examination.

How came you to remember the time? - I was on an errand, and my master scolded me for staying so long.

You do not know the name of the street? - No, I do not know the name of one of these streets.

Do you know whether the fire was at the school or the house? - It was at the school; the men were bringing out the things out of the house.

Was that where the school was? - No; you turn to the right to go to the school.

JOSEPH COLLISON < no role > sworn.

I am the master of the last witness.

Did she tell you any thing about this young man? - Yes, the day he was taken up she seemed to speak with great surprise that he was taken up; she said he was doing no one action.

By your means I believe it was that this circumstance was found out? - Yes, it was. I have known the prisoner five or six years; he always behaved well and was a deligent servant to his master.

Cross Examination.

Where do you live? - At the King's Head, Monmouth-court.

PETER GASCOINE < no role > sworn.

I keep a shop in Monmouth-street; I have known Rule above eleven years; he has been above seven years in my service; he was in my service when he was taken up; he never neglected his business half a day in the year; he closed up the shop at night and came regularly in the morning from the 6th of June to the time he was taken up, as constantly as he did before.

Cross Examination.

Did the prisoner lodge at your house? - No; he leaves my house at nine o'clock in the evening and comes a t seven in the morning.

JOHN DAWSON < no role > sworn.

I am a salesman; I have known the prisoner about twelve years; he has borne an irreproachable character.

PETER DAWSON < no role > sworn.

I am a salesman; I have known the prisoner ten or twelve years; I had a great opportunity of taking notice of his behaviour; he is a very assiduous, diligent, worthy man as any in England.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.