319. STEPHEN TITCOMBE proceedingsdefend was indicted for that he, together with forty other persons and more, did, unlawfully, riotously, and tumultuously assemble on the 8th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of Edmund Boggis proceedingsvictim , against the form of the statute, &c.

HENRY YOUNG < no role > sworn.

I am a sawyer. I live in North-street, behind Mr. Whitefield's Tabernacle in Tottenham-court-road.

Do you know Mr. Boggis's house? - Yes. I was coming up the street at the back of it a little after six in the evening; I saw the prisoner there; there were about twenty or thirty people there; some were carrying boards out of Boggis's house. I saw the prisoner take up some boards which appeared to me to be wainscoting and doors, but I did not take particular notice of them. I said, O Stephen, I am sorry to see you there! he replied d - n something, but I do not recollect what he said more.

Jury. Did you know the prisoner before? - Yes.

How long have you known him? - I have known him two or three years; I never knew the man do any thing wrong in my life.

Where did he carry the things to? - Up the court. I did not see him do any thing with them, for I did not stay two minutes, to the best of my knowledge.

Was there any fire opposite the court? - There were two or three fires I believe in Holbourn, pretty nearly opposite to Turnstile, but I did not go into Holbourn.

Cross Examination.

You cannot tell what the prisoner had in his hand? - No, I saw him take up some boards.

Do not you know where they came from? - No.

You made a discovery of this? - No, another man and I were speaking of it in a public-house.

What is his name? - He is outside the door.

Is he an acquaintance of your's? - Yes, a sawyer.

How long was it after this before the prisoner was taken up? - I do not know.

Was it Conway you was in company with? - Yes.

Was he at Mr. Boggis's house? - I do not know, he was not at work with me at that time.

Court. You did not see them carry any thing out of Mr. Boggis's house? - No, I did not.

Counsel for the Prisoner. I understood you to say you could not tell what it was they took up, whether it was boards or wainscoting? - I do not know whether it was boards or wainscoting.

You just knew they were wood? - Yes.

Counsel for the Crown. You think they were wainscoting or doors, did they look like wainscoting? - Yes.

Counsel for the Prisoner. You did not see any one bring them out of the house? - No.

STEPHEN CONWAY < no role > sworn.

I am a sawyer.

Do you know Mr. Boggis's house? - Yes.

Was you at Mr. Boggis's house or near it at the time the mob was there? - I was in Holbourn, near Little Turnstile.

How far is that from Little Turnstile? - Mr. Boggis's house is in New Turnstile. I was in Holbourn, facing the court.

Was there any fire at that time in Holbourn? - Yes, just facing the court.

Did you see any one there whom you took notice of? - Yes, only one, that was Stephen Titcombe < no role > . I had known him four or five years before. I was shopmate with him about four years ago.

What did you see him doing? - I saw him bring some furniture out and throw it on the fire.

What was it? - It seemed to me to be boards and doors; he brought it out of the court.

How near was you to the prisoner when he came by you? - I was on the other side of the street.

You can tell what sort of wood he brought? - Yes, it seemed to me to be wainscoting and doors. It was broke.

Was it painted? - I do not know.

Who gave the first information against the prisoner? - I do not know.

You are sure it was either a door or wainscoting that you saw him have? - Yes.

What did he do with it? - He threw it on the fire.

How often? - Two or three times.

Cross Examination.

You say you are a sawyer? - Yes.

Do you know furniture from wainscoting and doors? You said first he threw furniture on the fire. Then you was asked what it was; you said boards and doors? - That is what I call furniture.

Do you call boards furniture? - Yes.

And you call furniture boards perhaps? - It is furniture when it is worked up.

When did you first complain against the prisoner for having done what you now charge him with? - I do not know that I am the first who complained.

When did you first complain of him? - Five or six days before the time he was before the justice. I was in company with a man; he said to me, I saw such a man at the fire, meaning the prisoner; I said so did I. That man had the prisoner taken up.

What was that man's name? - John Booth < no role > ; he is a soldier in the militia.

How long was it after the reward was published, before you talked of taking him up? - I do not know any thing about it.

Counsel for the Crown. Had you heard of the reward at the time? - I heard of the reward but I am not certain whether it was before or after.

Jury. You understood you was to have part of it? - No.

Counsel. You do not mean to take any part of the reward? - No.

EDMUND BOGGIS < no role > sworn.

I kept an house in New Turnstile; it was pulled down on the 7th of June between six and seven o'clock in the afternoon.

In what condition was your house when it was attacked? - Very tenantable. I was very comfortable.

In what condition was it when the mob left it? - The glass was broke to pieces and the wood-work of the dining room broke out; the wainscoting was almost all demolished.

Do you know when the prisoner was taken up? - I cannot remember the time.

Who gave you the first information against him? - I think it was Mr. Young; the examination was over at Hick's hall before I knew it. I think Mr. Young came in after he had been at Hick's hall, and told me; and the other came in afterwards.

Were they all together? - Yes.

Cross Examination.

Both the witnesses, Young and Conway, came to your house together? - Yes.

You cannot say which spoke to you? - Mr. Young < no role > I believe.

Was an indictment found then? - Yes.

That was after the sessions began at Hick's-hall? - Yes.

You cannot speak to the time the wainscoting in the dining-room was destroyed? - No. I was frightened, and as soon as they came about the house I left it. I got the best of my furniture cut; what I left behind was entirely destroyed.

To Conway. About what time was it you saw the prisoner there? - Between six and seven o'clock.

How long did you stay there? - Not above ten or twelve minutes.

To Young. Were you and Conway together at the time of the mob's doing the mischief? - No.

What time was you there? - Between six and seven o'clock.

When you went with Conway to give evidence before the grand jury on this indictment do you know whether you had heard of the king's proclamation offering a reward to any person who made a discovery? - Yes; but I had no such motive.

Did you know that you were intitled to the reward? - No; I denied it.

Do you now disclaim all reward? - I do, if there were ten thousand pounds.

Prisoner. I leave my defence to my counsel.

JOHN KENT < no role > sworn.

I am a sawyer, I have known Young about two years.

Is he a man of credit, of reputation, who ought to be believed upon his oath? - He is a man who bears a very indifferent character in the trade.

Court. Do you think him a man to be believed upon his oath? - I cannot tell that.

Counsel for the Prisoner. Do you think he is a man who ought to be believed on his oath? - I do not think he ought.

How long have you known Titcombe? About three years, he bears a very good character; he is a hard working honest man.

Cross Examination.

Young and you have quarrelled have not you? - No; we never quarelled.

Young. I give him leave to speak every thing against me he knows.

Kent. He came to work with me in my pit; he wanted to get the man out of his work, and wanted me to prove the man charged more work than was done, and master sent for me, I knew nothing about it.

Who was by? - Mr. Wilson.

To Young. Is that true? - He said the man charged too much, and was as willing to get him out as myself. I can bring fifty witnesses to speak to my character in the course of half an hour.

JAMES WELLS < no role > sworn.

Do you know Young and Conway? - I do not; one of them has worked for me a good while ago, I cannot tell which.

Were there not two men came to your yard about the prisoner? - Not that I recollect, the prisoner has worked for me four years; he worked very hard, he is a very industrious man; and has earned four or five and twenty shillings a week.

BENJAMIN MURRELL < no role > sworn.

I am a sawyer. I know the prisoner; I was in the yard when two men came to enquire after Great Stephen, the prisoner goes by the name of Great Stephen in the trade; they came to know where he lived or where he was at work.

Do you know those two men? - I cannot say I do; when I am at work I make it a rule not to mind who comes in or what is said, but I heard the words that They could make a hundred pounds of him; that was on the Monday before he was taken up. I asked the man they came to, when they were gone, who the man was? He said his name was Young, and that he worked with him.

That man here? - No. I have known the prisoner from a child; I knew him in the country, he is a very honest hard working man; when he left a master there were others ready to send for him; he has always born the character of an industrious man.

MARY PALMER < no role > sworn.

The prisoner lived in my house two years and a quarter, he is a quiet hard working man; he has never been, during that time, ten nights out till ten o'clock, except of a Saturday when he has been obliged to stay at the pay table.

MARY MURRELL < no role > This name instance is in set 1385. This set is in the group(s): GarrowsClients . sworn.

I lived in the house with the prisoner three quarters of a year, he is a very quiet industrious man, I never desire to have a better neighbour.

WILLIAM FAIRN < no role > sworn.

I have known him about twelve months, he is a quiet, harmless, civil man; and I believe altogether as honest; he has worked with me.

SAMUEL DE FOE < no role > sworn.

I have know him better than four years I never heard but that he was an honest industrious hard working man.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.