<div1 type="trialAccount" id="t17800628-91"> <interp inst="t17800628-91" type="collection" value="BAILEY"></interp>
<interp inst="t17800628-91" type="uri" value="sessionsPapers/17800628"></interp>
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<join result="criminalCharge" id="t17800628-91-off463-c996" targOrder="Y" targets="t17800628-91-defend1199 t17800628-91-off463 t17800628-91-verdict466"></join>
<p> <xptr type="pageFacsimile" doc="178006280212"></xptr>
395. <rs type="persName" id="t17800628-91-defend1199"> <interp inst="t17800628-91-defend1199" type="role" value="proceedingsdefend"></interp>
BENJAMIN RULE <interp inst="t17800628-91-defend1199" type="surname" value="RULE"></interp>
<interp inst="t17800628-91-defend1199" type="given" value="BENJAMIN"></interp>
<interp inst="t17800628-91-defend1199" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17800628-91-off463" type="offenceDescription"> <interp inst="t17800628-91-off463" type="offenceCategory" value="breakingPeace"></interp>
<interp inst="t17800628-91-off463" type="offenceSubcategory" value="riot"></interp>
that he together with an hundred other persons and more, did, unlawfully, riotously, and tumultuously assemble, on the <rs id="t17800628-91-cd464" type="crimeDate">6th of June</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17800628-91-off463 t17800628-91-cd464"></join>
, to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of <rs type="persName" id="t17800628-91-victim1201"> <interp inst="t17800628-91-victim1201" type="role" value="proceedingsvictim"></interp>
Samuel Waterhouse <interp inst="t17800628-91-victim1201" type="surname" value="Waterhouse"></interp>
<interp inst="t17800628-91-victim1201" type="given" value="Samuel"></interp>
<interp inst="t17800628-91-victim1201" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17800628-91-off463 t17800628-91-victim1201"></join>
</rs>
, against the form of the statute, &c. </rs>
</p>
<p> <rs type="persName" id="t17800628-91-person1202"> <interp inst="t17800628-91-person1202" type="role" value=""></interp>
TERENCE GILL <interp inst="t17800628-91-person1202" type="surname" value="GILL"></interp>
<interp inst="t17800628-91-person1202" type="given" value="TERENCE"></interp>
<interp inst="t17800628-91-person1202" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a taylor and live in Tottenham-court-road. I was at Mr. Waterhouse's house in <rs type="placeName" id="t17800628-91-crimeloc465">Little Russel-street, Bloomsbury</rs>
<interp inst="t17800628-91-crimeloc465" type="placeName" value="Little Russel-street, Bloomsbury"></interp>
<join result="offencePlace" targOrder="Y" targets="t17800628-91-off463 t17800628-91-crimeloc465"></join>
, 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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>The dwelling-house of Mr. Waterhouse and the school-house are separate? - I believe so.</p>
<p>Did you see him do any thing in the dwelling-house? - I saw him in the school.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>Are you sure the prisoner is the person of whom you have been speaking? - Yes.</p>
<p>Do you know how the prisoner came to be apprehended? - Yes, upon my information.</p>
<p>Was the information made after the king's proclamation? - Yes, I think it was.</p>
<p>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.</p>
<p>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.</p>
<p>Cross Examination.</p>
<p>Of what religion are you? - A <rs type="persName" id="t17800628-91-person1203"> <interp inst="t17800628-91-person1203" type="role" value=""></interp>
Roman Catholick <interp inst="t17800628-91-person1203" type="surname" value="Catholick"></interp>
<interp inst="t17800628-91-person1203" type="given" value="Roman"></interp>
<interp inst="t17800628-91-person1203" type="gender" value="male"></interp>
</rs>
.</p>
<p>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.</p>
<p>Was it not quite three weeks? - I believe it was.</p>
<p> <xptr type="pageFacsimile" doc="178006280213"></xptr>
How came you not to take him up sooner? - I was afraid of myself; my wife would not let me.</p>
<p>Did the fear remain for three weeks? - Yes.</p>
<p>That is longer than it remained in any body else's mind. - I do not know that I am safe now.</p>
<p>You never said that you made the information by the persuasion of any runner or constable that you might have fifty pounds? - No.</p>
<p>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.</p>
<p>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.</p>
<p>And you say you never told any body it was by the persuasion of Grubb that you took the prisoner up? - No.</p>
<p>Did you never tell Mr. Barber so? - I do not know that I did.</p>
<p>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.</p>
<p>Did you tell him by whose persuasion? - I do not know that I did.</p>
<p>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.</p>
<p>You never said it was by his persuasion? - No; I never spoke to the man in my life.</p>
<p>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.</p>
<p>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.</p>
<p>Did you give him any information to go off? - No. I thought somebody else would take him up; he staid there three weeks.</p>
<p>But you thought somebody else told him of it? - Yes.</p>
<p>And yet he would not go away? - I thought he would be told of it.</p>
<p>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.</p>
<p>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.</p>
<p>What coat had he on that night? - I do not know, I did not take notice; I knew the man.</p>
<p>Had he a great coat on? - I do not know.</p>
<p>Had he any coat on? - Yes; he had a coat on.</p>
<p>Why did not you take him up sooner? - I did not think myself safe.</p>
<p>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.</p>
<p>But your fears still remain? - I was always afraid ever since.</p>
<p>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.</p>
<p> <rs type="persName" id="t17800628-91-person1204"> <interp inst="t17800628-91-person1204" type="role" value=""></interp>
RICHARD POWELL <interp inst="t17800628-91-person1204" type="surname" value="POWELL"></interp>
<interp inst="t17800628-91-person1204" type="given" value="RICHARD"></interp>
<interp inst="t17800628-91-person1204" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a tailor, in John-street, Tottenham Court-road.</p>
<p>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.</p>
<p>Did you observe any body in particular there whom you knew? - No, not then.</p>
<p> <rs type="persName" id="t17800628-91-person1205"> <interp inst="t17800628-91-person1205" type="role" value=""></interp>
RICHARD JORDAN <interp inst="t17800628-91-person1205" type="surname" value="JORDAN"></interp>
<interp inst="t17800628-91-person1205" type="given" value="RICHARD"></interp>
<interp inst="t17800628-91-person1205" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a tailor; I live in Duke-street.</p>
<p>Was you at Mr. Waterhouses's house? - No; I do not know any thing of it.</p>
<p> <rs type="persName" id="t17800628-91-person1206"> <interp inst="t17800628-91-person1206" type="role" value=""></interp>
SAMUEL WATERHOUSE <interp inst="t17800628-91-person1206" type="surname" value="WATERHOUSE"></interp>
<interp inst="t17800628-91-person1206" type="given" value="SAMUEL"></interp>
<interp inst="t17800628-91-person1206" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>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.</p>
<p>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<xptr type="pageFacsimile" doc="178006280214"></xptr>
a way through the house to the school, but we did not use it; the front of the school was in Gilbert-street.</p>
<p>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.</p>
<p>PRISONER's DEFENCE.</p>
<p>I was only looking on as a spectator in Gilbert street.</p>
<p>For the Prisoner.</p>
<p> <rs type="persName" id="t17800628-91-person1207"> <interp inst="t17800628-91-person1207" type="role" value=""></interp>
ANN SHEPPARD <interp inst="t17800628-91-person1207" type="surname" value="SHEPPARD"></interp>
<interp inst="t17800628-91-person1207" type="given" value="ANN"></interp>
<interp inst="t17800628-91-person1207" type="gender" value="female"></interp>
</rs>
sworn.</p>
<p>I am servant to Mr. <rs type="persName" id="t17800628-91-person1208"> <interp inst="t17800628-91-person1208" type="role" value=""></interp>
Joseph Collison <interp inst="t17800628-91-person1208" type="surname" value="Collison"></interp>
<interp inst="t17800628-91-person1208" type="given" value="Joseph"></interp>
<interp inst="t17800628-91-person1208" type="gender" value="male"></interp>
</rs>
.</p>
<p>Do you remember the night this <rs type="persName" id="t17800628-91-person1209"> <interp inst="t17800628-91-person1209" type="role" value=""></interp>
Roman Catholick <interp inst="t17800628-91-person1209" type="surname" value="Catholick"></interp>
<interp inst="t17800628-91-person1209" type="given" value="Roman"></interp>
<interp inst="t17800628-91-person1209" type="gender" value="male"></interp>
</rs>
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.</p>
<p>Cross Examination.</p>
<p>How came you to remember the time? - I was on an errand, and my master scolded me for staying so long.</p>
<p>You do not know the name of the street? - No, I do not know the name of one of these streets.</p>
<p>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.</p>
<p>Was that where the school was? - No; you turn to the right to go to the school.</p>
<p> <rs type="persName" id="t17800628-91-person1210"> <interp inst="t17800628-91-person1210" type="role" value=""></interp>
JOSEPH COLLISON <interp inst="t17800628-91-person1210" type="surname" value="COLLISON"></interp>
<interp inst="t17800628-91-person1210" type="given" value="JOSEPH"></interp>
<interp inst="t17800628-91-person1210" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am the master of the last witness.</p>
<p>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.</p>
<p>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.</p>
<p>Cross Examination.</p>
<p>Where do you live? - At the King's Head, Monmouth-court.</p>
<p> <rs type="persName" id="t17800628-91-person1211"> <interp inst="t17800628-91-person1211" type="role" value=""></interp>
PETER GASCOINE <interp inst="t17800628-91-person1211" type="surname" value="GASCOINE"></interp>
<interp inst="t17800628-91-person1211" type="given" value="PETER"></interp>
<interp inst="t17800628-91-person1211" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>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.</p>
<p>Cross Examination.</p>
<p>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.</p>
<p> <rs type="persName" id="t17800628-91-person1212"> <interp inst="t17800628-91-person1212" type="role" value=""></interp>
JOHN DAWSON <interp inst="t17800628-91-person1212" type="surname" value="DAWSON"></interp>
<interp inst="t17800628-91-person1212" type="given" value="JOHN"></interp>
<interp inst="t17800628-91-person1212" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a salesman; I have known the prisoner about twelve years; he has borne an irreproachable character.</p>
<p> <rs type="persName" id="t17800628-91-person1213"> <interp inst="t17800628-91-person1213" type="role" value=""></interp>
PETER DAWSON <interp inst="t17800628-91-person1213" type="surname" value="DAWSON"></interp>
<interp inst="t17800628-91-person1213" type="given" value="PETER"></interp>
<interp inst="t17800628-91-person1213" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>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.</p>
<p> <rs id="t17800628-91-verdict466" type="verdictDescription"> <interp inst="t17800628-91-verdict466" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>Tried by the Second Middlesex Jury before Mr. RECORDER.</p>
</div1>

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