80. WILLIAM PEARCE , alias BENTON proceedingsdefend , was indicted for unlawfully and maliciously shooting at Ann Houghton proceedingsvictim , with a pistol loaded with ball , on the 6th of October .

ANN HOUGHTON sworn. - Q. Did any thing happen to you on the 6th of October last? - A. Fourteen weeks yesterday; I live at No.39, Eagle-street; I went to Mr. Trotter, the landlord, to pay my week's rent.

Q. What time of day was this? - A. On Monday morning, between nine and ten o'clock; I went to pay my rent, and he wanted to double my rent, and would not take the money, and the next day two men came to seize my goods.

Q. Tell me any thing that happened to you that was dangerous on that day? - A. I live at No.39, and was going to get some necessaries for the children's supper; I was on the top step, I had not been there five minutes before Mr. Pearce, or Benton, or whatever his name is, came out of No. 38, with a loose coat upon his left arm, and he passed me, and went into the road, and took a pistol out, and fired at me immediately, I had not time to say, Lord have mercy on me.

Q. Did you know him before? - A. No; I had no acquaintance with him, only with a girl of the town that he cohabited with, and his landlady was this girl's aunt; I never gave him an angry word.

Q. What was the consequence of the shooting? - A. My scull was shattered to pieces; I was taken up for dead, and was taken to the hospital.

Q. Had you ever had any words with this man at all? - A. No, I never changed a word with him to the best of my knowledge; it was out of the aunt's house that he came.

Cross-examined by Mr. Knapp. Q. I understand you to say, that you never had any quarrel with this young man, nor ever changed a word with him? - A. Never in my life to the best of my knowledge.

Q. You were going into the house, with your face towards the house? - A. Yes.

Q. < no role > Therefore, the pistol must have been fired at the back part of you? - A. Yes.

Q. Before the pistol was fired, you did not see it at all? - A. Yes, I did, under the coat.

Q. Do you know how the prisoner was dressed at that time? - A. He had a brown coat and a striped waistcoat.

Q. What time in the evening was this? - A. I dare say almost half-past eight.

Q. < no role > At this time, were there not illuminations taking place? - A. No, nothing of the kind.

Q. < no role > Where had you been spending your evening? - A. I had been in a great deal of trouble that day, I was obliged to sell my bed from under me.

Q. Had you been drinking that day? - A. No.

Q. That you are sure of? - A. Yes.

WILLIAM DAY < no role > sworn. - I am an officer of the parish; I knew nothing of this, till the next day I apprehended the prisoner.

ELIZABETH MARRA < no role > sworn. - Q. Where do you live? - A. In Eagle-street; I parted with the last witness about half-past eight o'clock in the evening, in the middle of Holborn; she asked me to go home with her, and help to move her goods; I told her I could not.

Q. Did you see any thing of this transaction? - A. No, I did not know any thing of it till next morning.

ELEANOR CORNELEY sworn. - I did not know any thing of it till the next day.

ANN WINTER < no role > sworn. - I knew nothing of it till the next day.

JOHN PRICE < no role > sworn. - I only know of taking the prisoner.

Prisoner's defence. My Lord and Gentlemen of the Jury. On the 6th of October in the evening, I went out from a friend's house about six o'clock in the evening, and went to the Courier-office, in the Strand; I went home at twenty minutes past eight, my mother said it was half past eight, and she looked at the clock, and said it was exactly twenty minutes past eight, and I then sat down to my supper, and sat by the fire-side smoking my pipe till after nine, and this accident did not happen till nine o'clock, which I shall be able to prove.

Court. (To Houghton.) Q. < no role > How long have you known the prisoner by fight? - A. A great while.

Q. How long have you lived in the house? - A. Going on of four years.

Q. Had these people lived next door to you for any length of time? - A. The girl that he cohabited with, did, and he came backwards and forwards, and kept her and clothed her.

Q. How long had you seen him coming backwards and forwards in this way? - A. < no role > Seven or eight months.

Jury. Q. < no role > Are there not a great many girls in that house? - A. Yes, it is for nothing else.

Q. And a great many young men are backwards and forwards with them? - A. Yes, all hours of the day and night, and they let out the rooms at so much a time for any body that chuses to bring a girl in.

GEORGE-FREDERICK FURNIVAL sworn. - I am a surgeon; the scull was excessively sractured by some hard body.

Q. Do you think the wadding of a pistol would have done it? - A. No, I don't think it would.

For the Prisoner.

MATILDA BICKNELL sworn. - Examined by Mr. Knapp. Q. On the 6th of October, where did you live? - A. In Norwich-court, Fetter-lane.

Q. Are you acquainted with the prisoner? - A. Yes.

Q. Was he in your company on the 6th of October? - A. Yes; he came to me about a quarter before six in the evening; I went out with him almost immediately to the Strand: he had been in the house about ten minutes before I went out with him; we went to the Courier office in the Strand; then we came up to Long-acre, and I saw him into his father's house, the corner of Drake-street, Redlion-square, No. 6.

Q. Did you see him again in the course of that evening? - A. No; and when I came to Middlerow, by the pastry-cook's-shop, it was half past eight o'clock.

Court. Q. < no role > What day of the week was this? - A. On a Tuesday.

Q. What was your reason for going with him? - A. Upon business.

Q. Had he business there? - A. Yes.

Q. What was his business? - A. I do not know.

Q. What was your business there? - A. I had no business.

Q. You told me just now you went upon business - what was the occasion of your going with him? - A. To accommodate him, to keep him company.

Q. How long was he at the Courier-office? - A. About ten minutes; it was reported that there were to be illuminations, but there were not.

Q. How did you occupy yourself those two hours? - A. We did not hurry.

Q. < no role > So I think - how did you employ your time? - A. < no role > Nothing particular, only walking.

Q. < no role > And you were two hours walking from Fetter-lane to Long-acre, and back to Middle-row? - A. Yes.

WILLIAM BENTON < no role > sworn. - Examined by Mr. Knapp. Q. < no role > You are the father of the unfortunate man at the bar? - A. Yes.

Q. You are a butcher and live in Drake-street, Red-lion-square? - A. Yes.

Q. And have lived there about thirty years? - A. Yes.

Q. Do you recollect the night of the unfortunate accident? - A. Yes; the 6th of October, my son came home about twenty minutes past eight o'clock, and never went out of the house afterwards.

Q. Have you any particualr reason for remembering the time your son came in? - A. Yes; he had promised his sister to come home to supper at eight o'clock, and had mentioned that there would be a hot supper; when he came in, my wife said it was half past eight o'clock; my son looked at the clock, and said, no, mother, it is not, it is but twenty minutes past eight.

Q. < no role > Are you sure he never went out after that? - A. I am.

Q. < no role > What makes it so clear to your mind, that it was the 6th of October? - A. On account of the firing of guns, it was expected to be an illumination, it was so for two or three nights.

Q. < no role > How far is Eagle-street from Drake-street, how many minutes walk? - A. I should imagine, not two minutes.

Court. (To Haughton). Q. What distance might the person be from you, that had the pistol in his hand? - A. About a yard.

BENJAMIN BENTON sworn. - Examined by Mr. Knapp. I am the brother of the prisoner.

Q. Do you remember the night this old woman received this injury? - A. Yes.

Q. < no role > Was there expected to be an illumination that night? - A. Yes, and some of the neighbours had lit up.

Q. Had there been fire-arms used by idle people to induce the neighbours to light up? - A. Yes.

Q. Do you remember what time your brother came home that evening? - A. Yes, it was exactly twenty minutes past eight o'clock; my mother accused him with not coming home to his time; she said it was half past eight, and he said it was not, and my mother, and my sister, and myself, looked at the clock, it was exactly twenty minutes past eight, and he was never out of the house that night after.

Q. < no role > If he had gone out but for two minutes, must you have known it? - A. Yes, I must; he never stirred out of the house till the next day.

Court. (To Houghton). Q. What time was this? - A. About half past eight.

Q. Was there any thing to lead you to be very exact as to the time? - A. The cheesemonger told me just before, that it was half past eight, or not so much.

Jury. Q. < no role > Was it light enough for you to observe the person? - A. If it was the last breath I had to draw, and I never was to enter the kingdom of heaven, that is the man that fired at me, and no living soul saw it besides myself.

Court. (To Old Benton). Q. Were you present at the moment your son came in at the door? - A. Yes.

Q. < no role > Had he any thing in his hand? - A. No.

Q. < no role > He had no great coat? - A. He had a loose great coat, a brown great coat, but not so dark as this I have on.

Court. (To Haughton). Q. The person that shot you, had a coat on his arm? - A. Yes.

Q. What colour was it? - A. Dark brown, almost the colour of my cloak.

Q. Were you then able to see him, so as to know him? - A. < no role > It was as he passed me; if I was never to draw another breath, he is the man.

Q. What sort of light was there to enable you to see him? - A. There was a light in the passage, I am sure he is the man.

JAMES MASH sworn. - Q. Do you know any thing about this transaction? - A. Yes, I saw the whole of it; I was standing at my own door; I live at No.39, Eagle-street, the same door where the accident happened; I was within five yards, or five yards and a half of the woman, when she was shot.

Q. What time was it? - A. < no role > Ten minutes after nine, as near as possible.

Q. Did you see the man who fired? - A. Yes; it was a pistol fired by a man unknown to me.

Q. How was he dressed? - A. He had on either a white or a light jacket, I am not sure, like a pastry-cook or baker; I was not more than three yards from him.

Q. What did he do after he had fired the pistol? - A. He walked for a little way as men generally do, and then ran.

Q. Do you know the prisoner at the bar? - A. I never saw him till after he was a prisoner.

Q. Is that like the man? - A. No, no more than I am, nor yet a bit like the man.

Court. Q. How do you happen to know the time to be ten minutes after nine? - A. The watch did not set till nine o'clock; there are at least thirty watchmen to call over, and they do not call the roll over till nine, and the watch was then set.

Q. Were there any other men in the street? - A. No; no man standing near, nor woman.

Q. Where was the woman at the time? - A. < no role > Standing upon the step.

Q. Where was the pistol which this man had? - A. He seemed to carry it in his hand.

Q. Did you see the woman wounded - did she fall down? - A. No, she stood equally the same, only she held her silence, before that, she was singing and swearing, and intoxicated, as she had been all day.

GEORGE FELLOWS sworn. - I am a watchman in Eagle-street: On the 6th of October, I saw the woman about a quarter before nine, as I was going to the watch-house, at her own door; she was upon the top step but one of the cellar; she was very much intoxicated, and had a great mob of men, women, and children about her; she had a pint of beer three parts full, and I begged her to go into the cellar; she sells oysters, and garden stuff, and fruit; I have known the woman for some time about ten minutes after nine, or a quarter of an hour, I had lit my candle, and was going upon my beat; I was called, and saw the woman had been shot; between ten minutes and a quarter after nine, I helped her into a coach; it was the night before the general illumination; there were a great many guns and pistols firing about in all directions.

NOT GUILTY .

First Middlesex Jury, before the Lord Chief Baron.