317, 318. JAMES MURRAY proceedingsdefend This name instance is in set 1419. This set is in the group(s): GarrowsClients . and SAMUEL WALLIS proceedingsdefend were indicted for that they together with fifty 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 Stephen Maberly proceedingsvictim , against the form of the statute, &c.

THOMAS ALDIS < no role > sworn.

I am a journeyman to Mr. Maberly. On Monday the 5th of June about fifty people assembled before Mr. Maberly's house and began to throw stones at it; they broke the windows in the fore part of the house. They destroyed some part of the parlour, which was not furnished, but was sitting up. The next day Mr. Maberly had some boards put up to prevent any one's coming into the house; on that evening, which was the Tuesday, there assembled about two hundred people before the house, and pulled the house to pieces. Mr. Maberly concealed his goods in the cellar, under the shop. The mob continued there from Tuesday night till Wednesday about two o'clock. I was in the shop. I saw a person; I do not know who it was with an iron bar in his hand tearing up the floor of the shop; when they had got the floor up, they found the goods and stock in trade. They carried them into the street and burned them.

What number of people were in the house at that time? - I believe about one hundred.

Could you distinguish any of them so as to know them again? - I do not think I could.

Did they tear all the floor up that night? - No, there is some left now. They tore up about fifteen or sixteen foot of the floor; it was chiefly destroyed on the Tuesday.

JOHN ATWOOD < no role > sworn.

I keep a chandler-shop in Bloomsbury, and am a patrole for Bloomsbury.

Do you know the prisoner, Murray? - Yes. On Wednesday evening the 7th of June, whilst Lord Mansfield's house was on fire in the morning, I heard a great hallooing; I went up into Charlotte-street. The mob were knocking at doors and demanding money. I saw Murray there. I cautioned him, and told him he was in a dangerous situation. He said, Mr. Atwood, I don't want to meddle with you. I said if you meddle with my neighbours you meddle with me. He said again he did not meddle with me. I told him I would punish him for it. I went to Litchfield-street, and gave an account that I had seen him in Charlotte-street. I was ordered to take him by all means. I went immediately and secured him; Wallis was in company with him when I took him; he had a stick in his hand, a ribband in his hat, and a cockade in his hat; he behaved in an audacious manner.

THOMAS BARBER < no role > sworn.

I am an officer of the excise.

Was you in Little Queen-street, on Wednesday the 7th of June? - I was there.

What was the occasion of your going there? - A gentleman acquainted with Mr. Maberly's brother was in company with me, and asked me if I would go there; he went to Great Queen-street; he would not go further. I said I would go to the house; this was about five in the afternoon. When I came to the publick-house opposite Mr. Maberley's I saw the prisoner in Mr. Maberly's parlour. I staid there till between ten and fifteen minutes and returned to the company I had left.

What did you see the prisoner do? - I saw both the prisoners assisting in destroying the things in Mr. Maberley's house. I saw the prisoners receive them from the people in the first room on the ground-floor. They brought them out of the passage that goes into the parlour, and carried them to the fire.

Court. Did the goods come from the back part of the house? - Yes, there were several fire burning; I am positive to fix, but I believe there might be more.

Did you take particular notice of the prisoners before? - Yes; I did take particular notice of them; I had known them upwards of two years before.

Are you certain to the persons? - Yes, by virtue of the oath I have taken I swear they were both there.

What number of people were there about the house at the time? - Great Queen-street, and Little Queen-street were full, there were so many I cannot tell within an hundred, but I believe there were four hundred people.

Who gave the information? - I was sitting in the Rotation-office in Litchfield-street; I saw the prisoner Wallis brought there by Atwood. I then went in and related what I had seen him and Murray do. I did not know he was in custody before. While I was doing my duty at a brewhouse, I saw Wallis go by I secured him, and took him to Litchfield-street office; that was on the 23d.

WALLIS's DEFENCE.

We had witnesses but they are gone now; we leave ourselves to the mercy of the court.

Mr. Maberly's Brother. I never saw that man (Barber) in my life; he says he was in my company. I was at home securing my life at the time.

Barber. He says he never saw me before; he might not; I said I was with an acquaintance of Mr. Maberly's. We came to Great Queen-street; and I left Mr. Maberly's friend at the Queen's-head Tavern.

BOTH NOT GUILTY .

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