393, 394. JOHN WHITE proceedingsdefend This name instance is in set 1992. and PETER DREW proceedingsdefend were indicted for that they, togther with forty other persons and more, did unlawfully, riotously, and tumultuously assemble, on the 7th of June , to the disturbance of the publick peace, and did begin to demolish and pull down the dwelling-house of David Miles proceedingsvictim , against the form of the statute, &c.

THOMAS CONNIFF < no role > sworn.

I am a carpenter and joiner, I live at No. 4, in Orange-court, two doors from Mr. Miles's house; his house is the corner of Orange-court, King-street, Golden-square . When the alarm was given I was in bed. I got up and was in the street before there was any fire; there were about forty or fifty persons collected together, but not all with blue cockades. This was after twelve o'clock on the Wednesday morning. I saw some of the mob throwing out the furniture and the wainscoting of the house, and others throwing it into the fire. I saw John White < no role > receive the furniture and wainscoting out of the house and put it on the fire; there were four or five fires made in King-street at that time. I observed a fire at the end of King-street, Carnaby-market; I was afraid of Mr. Edward's house taking fire; I went to assist him, and knocked at his door. Mr. Edwards came out; I saw White come with several loads of furniture and wainscoting and throw it on the fire very leisurely; he was not so furious then as he was at first.

What were the mob doing then? - Throwing the furniture and wainscoting out at the window.

Did you know White before? - I have known him by sight four or five years; I am sure he is the man. I staid there from half after twelve o'clock till near four in the morning, then the fire was out; the people in our house were obliged to give the mob money to save our house from being pulled down.

Was there any other house in that neighbourhood destroyed beside Mr. Miles's? - No.

There were several fires in King-street and one in Carnaby-street? - Yes; that fire in Carnaby-street was brought from King-street; I saw him take some from the fire in King-street and carry it to Carnaby-street. I went backwards and forwards; I did not stay at any one fire.

JOHN EDWARDS < no role > sworn.

I am a pawnbroker in Carnaby-street.

Was you at Mr. Miles's house at the time the mob destroyed it? - I was. I observed White several times carrying effects, which had been thrown out of Mr. Miles's house into King-street, and saw him lay them on the fire; and I saw him carry some and put them on the fire by our door; I never saw him in the house; this was at about one o'clock on Wednesday morning.

Did you know him before? - Yes. I knew him by sight; I have seen him several times.

How long did you stay there? - From one o'clock till the mob was entirely dispersed, which was about four o'clock in the morning.

How long did you see White employed in this manner? - I cannot say how long, I saw him several times bring effects from before Mr. Miles's house after they were thrown out.

WADE PALMER < no role > sworn.

I am a measurer and surveyor in Great Windmill-street, at the top of the Hay-market. I was at Mr. Miles's house at the time the mob were there; I believe I saw White there, but I cannot swear positively to him.

WILLIAM COOK < no role > sworn.

I am a carpenter and surveyor, in Carnaby-market. I was at Mr. Miles's house about half past twelve o'clock, waiting for the mob; I saw the prisoner White there; I had known him many years. As the mob threw the things out of Mr. Miles's house he brought them to the other end of the street and put them on the fire. I looked upon it at that time, that he was doing service to the neighbouring houses, for the fire was so exceedingly great at the end of the street where Mr. Miles lives, that had it been thrown upon that fire, it must have set the houses on fire; as it was they were obliged to water the houses.

Did he appear to you to take the things from Mr. Miles's house to the fire, or from the fire by Mr. Miles's house to the other fire? - He took them from before Mr. Miles's house, near the fire, to the other fire; he seemed to do it gradually; he knew us all, and knew we must take notice of him; I cannot enter into what ideas he might have in doing of it.

WILLIAM ALLEN < no role > sworn.

I follow the business of tripe dressing. I live in Marshall-street, Carnaby-market.

Do you know Mr. Miles's house? - I do; I was not there till about a quarter after two o'clock; when I came to the house there were I suppose fifty or sixty people about the house; some in the inside flinging out boards of different kinds, and the fire was burning close to the front of the house, but they came down so fast that they lay in a great heap between the fire and the house; and, as Mr. Cook has observed, the people took it away to prevent its communicating to the house. I saw both prisoners; I cannot say that White was at the fire; I met him in Cross-street, which is about the middle of that street; he had some wood under his arm; he was walking in a very gradual manner; when he came to the fire, at the east end of the street, he laid it on; I did not think he did it with that wicked design which I believe many there did. I saw Drew within the passage of Mr. Miles's house, it may be three yards from the street door; it was then near three o'clock; I had been there some time; the mob were pulling down some boarding on the shutters and over the door. Drew did not act in pulling down; I only saw him in the passage.

Did you hear Drew say any thing or speak to the mob? - I did not; I was at a distance from him but I knew him very well before; I lost him almost immediately after I had seen him.

THOMAS TAYLOR < no role > sworn.

I am between fourteen and fifteen years old.

You was by the justice admitted king's evidence? - I was.

Do you know the prisoner Drew? - Yes, very well; I was with him on the Tuesday night at Mr. Miles's. Drew went into the house and pulled the wainscoting down and threw it out at the window to be burnt, and he broke the glass bottles; this was between eleven and twelve o'clock; there were a great many more people throwing the furniture out; and there were an hundred people, I suppose, on the outside of the house who were making a fire with the furniture and wainscoting; and huzzaing.

How long did Drew stay there? - For two hours, I dare say; he was in the back parlour and up one-pair-of-stairs.

Did you know Drew before? - Yes, he lived at the fish shop in Carnaby-market.

Did Drew say any thing to you before he went to the house? - There was a mob in Leicester Fields; he asked them to go and pull down Miles's house, because Miles had taken up some of the rioters.

When was that? - On the Tuesday night, between ten and eleven o'clock; that was in Leicester Fields; the mob went to the house in about half an hour after that.

How long have you known Drew? - A twelve month I believe.

How old is he? - About eighteen years I believe.

You were in Leicester Fields with the mob yourself? - Yes; there was a fire in Leicester Fields of the goods which came from Justice Hyde's.

And you went with the mob to King-street, Golden-square? - Yes, to pull Miles's house down.

Drew. What was the reason of his running away from the justice's with his father when they wanted him to impeach me? - I did not run away; they ordered me to go away and come back and impeach who I liked.

Had you mentioned Drew at that time? - No.

How happened it you had not mentioned him then? - Because the gentlemen desired me to go out and come in again and impeach who I liked.

Who desired you to impeach Drew? - No-body.

Drew. When he was at the justice's the justice asked him if he could impeach any body; he said no. He went out with his father; and his father or some body bid him impeach me.

Was you asked when you was first before the justice whether you could impeach any body? - No, I was not asked any thing.

Drew. If Mr. Owen in Carnaby-market could be sent for, he could prove I was in his house. I was told in New Prison the bill was thrown out. I did not know I should want any body, therefore I did not send for him. There was one bill thrown out on Wednesday; I was not aware of there being another found against me.

Counsel for the Crown. That fact is true there was one bill against him thrown out.

Drew. I was told it was thrown out on Thursday last. I did not know my tryal was to come on; I have been in New Prison.

The Keeper of New Prison sworn.

When the first bill was thrown out Drew was informed of it; when the other was found he was informed of it; that is about two days ago.

Did he know his trial was to come on? - I do not know; my man Brown does.

JOHN BROWN sworn.

I apprehend he did know his trial was to come on.

DREW's DEFENCE.

My father is at Oxford, he is dying; my situation makes him worse. My father's circumstances have run low, he kept the White Horse in Carnaby-market. I lived with Mr. Owen, a fishmonger, in Carnaby-market.

WHITE's DEFENCE.

I was watching market, when this happened; I went to see what was the matter. All the fires were alight; I saw a pile of wood; they came up to me and said if I did not lay hold of some of the wood and carry it to the fire they would shove me in and burn me.

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.