364, 365. THOMAS MOONEY proceedingsdefend This name instance is in set 2656. and THOMAS TIPSON proceedingsdefend were indicted for that they, together with a hundred 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 Thomas Langdale proceedingsvictim , against the form of the statute, &c.

(The evidence against Tipson was given first and his case separately determined.)

JAMES MATHEW < no role > sworn.

I am servant to Mr. Langdale.

Do you remember seeing Tipson at Mr. Langdale's, on the evening that his house was broke into? - Yes, to the best of my recollection, between three and four o'clock in the evening.

What time was the house broke into? - An hour and an half or two hours after I saw Tipson there.

You did not see the prisoner Tipson there after it was broke into? - No.

JAMES BROWN < no role > sworn.

I am shopman to Mr. Langdale.

Do you remember seeing the prisoner Tipson the evening Mr. Langdale's house was destroyed? - Yes, about half after three o'clock. He said, he was informed there was a Roman chapel in the house. I told him there was none. I said if he pleased I would go all over the house with him. He said, he did not want to go. I asked if he was a Birmingham man. He said he was; he shook hands with me; I asked him to drink. He said, he would not, they has had a battle in Bloomsbury-square, and lost some of their colours. He then went into the mob, and a tall man said, there was a Roman chapel in the house, and the house must come down.

Did you see him there after the house was broke open? - No.

TIPSON NOT GUILTY .

WILLIAM CONNOR < no role > sworn.

I am clerk to Mr. Langdale.

Was you at Mr. Langdale's on the day his house was destroyed? - Yes. On Wednesday the 7th of June, about a quarter before six in the evening, the prisoner Mooney, with a drawn sword in his hand, at the head of three or four hundred people, came down Holbourn towards Mr. Langdale's house. I saw him coming when I was at Mr. Langdale's shop door serving the people, who had then assembled, with gin; at that time Mooney was opposite St. Andrew's Church. I left the people I was serving with gin and went to meet him to endeavour to stop him from coming to the house, fearing the consequence that might attend his coming. I laid my hand upon his shoulder and told him that if he would be so kind as not to go to the house he should have as much gin as he pleased where he was then standing; accordingly he stopped and ordered all his men to stop, whom he had behind him.

Did they obey that order? - They did; the prisoner immediately went along with me to where the pipe of gin was, opposite Field-lane, and the men with him; the pipe of gin was brought out; they could not get conveniently to it without a cock. I asked the prisoner to go with me to the warehouse and I would get him a cock; he went with me; we could not conveniently get in at the door, on account of the many people who were assembled. He flourished his sword about his head three or four times, and a scuffle ensued between him and several of the people; they not being pleased to see him flourish his sword; they laid hold of it; a scuffle ensued, and he got his sword broke; while that scuffle happened I went into the warehouse and got a cock, but saw no more of the prisoner that evening, to my knowledge.

The mob had not then broke into the house? - The mob had not broke into the house at that time; when the prisoner was examined before Sir Watkin Lewes < no role > , after I had been examined, he said what I had said was fact.

Were there any promises made to him? - None.

What time did the mob break in? - At about half after six o'clock, which was about half or three quarters of an hour after I saw the prisoner; the last time I saw him was about six o'clock, the mob broke in at about half after six or near seven o'clock.

Are you certain the prisoner is the person you saw there? - Yes.

Prisoner. I went to assist him; that was the reason why they stopped me with the sword at the door, did he see me any more?

Connor. I never saw him any more.

JOHN SUTHERLAND < no role > sworn.

I am a serjeant in Colonel Fuharton < no role > 's regiment.

Was you at Mr. Langdale's on the Wednesday on which his house was pulled down? - I was employed with nine men to protect Mr. Wedderburne's house, in Lincoln's-Inn-fields; coming down Snow-hill with the nine soldiers I saw the mob at Mr. Langdale's house, that was about a quarter after six o'clock.

Did you see any person you took particular notice of there? - I saw two.

Who were those two? - The prisoner was one of the men; I saw him come to the door, and he stood pointing his sword to James Henry < no role > , who was on the top of the leads over the door.

Had Henry < no role > any thing in his hand? - Yes an iron bar. The prisoner said to Henry, Knock on, my brave fellow.

What was Henry doing? - He was knocking at the window with the iron bar. After that I saw a scuffle between him and the party at the door, and they broke the sword. I could not get up Holbourn with the men. I went round Fleet-street, to the Strand, and staid with the men at the New Church till the officers sent for us.

Was it before the house was broke open that you were there? - They had broken into the house; the doors were open, and they were going into the shop.

Prisoner. Whether you know what o'clock it was when the windows were broke by Henry? - I saw Henry knocking at the window between six and seven, or a quarter after six o'clock.

To Connor. At the time you saw the prisoner with the drawn sword at the door had Henry broke any of the windows, or was it afterwards? - It was afterwards.

What time did Henry break the windows? - Between six and seven o'clock; after the time I last saw the prisoner, when I went to get the cock, I served some people with gin, I saw Henry on the leads, and went up stairs, that was after I saw this prisoner.

What state was the house in when you left it? - They were then pulling down every thing; the lower and upper windows were demolished at the time.

PRISONER's DEFENCE.

On the night of this disturbance I was in the house of Mr. Wood; the mob came by; I went out among them; I saw some people at Hatton Garden with a sword sheathed; I took it from them, and this gentleman came to me and asked me to go down with him to the warehouse; I said I would. The mob fell upon me and broke the sword and hurt my arm.

For Mooney.

THOMAS HOLCROFT < no role > sworn.

I am a comedian, I belong to Drury-lane theatre.

The prisoner I believe knows nothing of you, you came here by accident? - By accident; I know something of this circumstance respecting the sword.

Will you relate what you saw? - I was coming by Mr. Langdale's house, there was a great mob; I am not certain of the time; I suppose it was after five o'clock.

Between five and six? - Most probably so.

Did you distinguish the prisoner there? - I distinguished the prisoner, to the best of my recollection, I am almost certain; there was a person with a blue coat and white waistcoat struggling with the prisoner for the sword, and the prisoner was rather in liquor.

The prisoner and another person were struggling for the sword? - Yes; at the end of Hatton-garden almost.

Did you observe which had the sword first before they began? - The prisoner brought it under the window to the man the jacket and blue apron; and the man said any body should have that sword for half a crown. I believe the prisoner had the sword first, and was bringing it down sheathed, not in a hostile way; but I cannot be positive that it was the prisoner. A struggle ensued between them; the man with the blue apron seemed to want to make a property of the sword. That circumstance in his defence is true respecting the sword, and its being sheathed.

Cross Examination.

Did you see any thing done at Mr. Langdale's? - No, I was going home the contrary way.

JOHN WOLFE < no role > sworn.

I am a victualler. I know the prisoner.

Do you know any thing of him on the afternoon of the 7th of June? - I know nothing of this business. I know he has always acted like a very honest man; he lodged with me. He always came home in due time.

Can you recollect nearly the time he came home on the 7th of June? - Yes. he came home between ten and eleven o'clock.

You know nothing of him that evening before that time? - No.

Was he drunk or sober when he came home? - Seemingly to me fuddled.

Prisoner. I was at home before ten o'clock, I was at home at seven?

Wolfe. I do not recollect that.

JOHN WARD < no role > sworn.

I am a bricklayer. The prisoner has worked for me five years; he behaved very well during the time he was with me; he was a very honest man, and very obliging to all my customers.

SAMUEL NEWHAM < no role > sworn.

I am a carpenter. I have known the prisoner six years; I always took him to be a very honest good fort of a young fellow.

RICHARD PAYNE < no role > sworn.

I am a bricklayer. I have known the prisoner about four or five years; he is a very honest sober young fellow. I have borrowed him of his master; he always gave satisfaction where I employed him.

JAMES SOUTER < no role > sworn.

I am a carpenter. I have known the prisoner a year and a half; he bore a very good character.

NOT GUILTY .

Tried by the Second London Jury before Mr. RECORDER.