462. ANTHONY WARNBECK proceedingsdefend and RICHARD PURCHASE proceedingsdefend were indicted for that they, with divers other evil disposed persons, to the number of twelve or more, on the 20th of August , were unlawfully, riotously and tumultuously assembled, to the disturbance of the public peace, and that being so assembled, with force and arms seloniously did begin to demolish and pull down the dwelling house of Robert Layzell proceedingsvictim .

(The indictment opened by Mr. Cullen and the case by Mr. Knowlys.)

ROBERT LAYZELL < no role > sworn.

I live at No. 120, Holborn , I keep a servants office, and a recruiting office likewise, I was at home on the 20th of August, about eight o'clock, or half past eight as nigh as I can guess, I heard a great noise of brick bats and stones throwed at the windows, breaking the window shutters and glass, and so they went on for a good while.

Q. Whereabouts was you at that time; - In the lower apartment, at supper with my family; they continued so for some time, for about ten minutes or a quarter of an hour, and then I went up stairs and left my family below, and told them to hide themselves from the brick bats and stones, that they might not be knocked on head, and I sent Sams to inform the Lord Mayor that the mob were about the house, in order to demolish it; I dare say it was half an hour before the guards came to my assistance.

Q. Did you hear any thing said by any of the people? - I did not, there was so much noise, I left my house, I first got my family out at a back window, then afterwards I went out at the same window.

Q. Did you see the persons that were assembled? - I did not see any one concerned.

Q. Could you distinguish from the noise, whether there was many persons assembled? - I saw a great number by going up to a one pair of stairs, and looking out at the window where they broke in.

Q. How many persons might you think there were there? - I suppose there might be two or three or four hundred.

Q. In what situation was your house before you left it? - The window shutters were broke in, and some part of the door.

Q. How long was it before you left your house from your first hearing the noise? - I suppose it might be near half an hour before I got out myself.

Q. Where the military arrived at that time? - Not that I heard.

Q. Before you left your house you say the shutters were broke in? - They were.

Q. When did you return to your house again? - When the military had dispersed the mob.

Q. In what condition did you find your house when you returned? - The shutters were almost entirely consumed, with the frames and glass.

Q. In what situation was the door? - The pannel of the door quite entirelybroke in, and the knocker at the door broke.

Q. I believe you are not able to speak at all to either of the prisoners? - No. I am not, I did not get in till after the mob were dispersed.

THOMAS SAMS < no role > sworn.

I am servant to Mr. Layzell; on the 20th of August last I was in Mr. Layzell's house, in the evening about half past eight there was a vast mob gathered together, and were then at supper, and there came some stones in.

Q. Where is your house situated? - Two doors this side the Black Bull, near Hatton-garden in Holborn. We got up from the table, and Mr. Layzell locked the door the door before not being locked, and Mr. Layzell told me to go out the best way I could to Shoe-lane, where the Lord Mayor was present; I went, and the Lord Mayor made me answer there should be some people there presently; before I went out I heard a vast many people saying, pull the house down, pull the house down.

Q. < no role > What other noise or disturbance took place before you went to the Lord Mayor? - They broke the shutters by throwing stones, there is about five panes of glass broke in the front room, the lower room, the door was totally broke, the top part of it, the shutters and the second and third floors received some damage, and the windows of the second almost broke in.

Q. Hearing of this noise and confusion what did you do? - I jumped out of the back room of the kitchen, and went to the Lord Mayor, I came back, and they said there is one of them (I suppose they meant me as one of the recruiting party) if you can get at him kill him.

Q. Do you know what became of any of the broken frames of the windows? - I can produce some of them here.

RICHARD HOLLIER < no role > sworn.

I am one of the marshals of the City of London.

Q. Was you called upon to give your assistance on occasion of this riot? - About half past nine, a few minutes more or less, I was in Shoe-lane with my Lord Mayor, I received orders from the Lord Mayor to proceed immediately to a house in Holborn, which I understood to be the house of Mr. Layzell, a few doors beyond Hatton-garden; I went and took some constables, and the Lord Mayor attended with the military, I suppose about twenty paces in the rear of me, there was a deal of noise till I got near the spot, when I got as near as I could to the house, as I am to that bench, I put my mace behind me, and stood for a minute, or a minute and a half, in order to fix my attention on some that were most active in the riot, there were four or five hundred people there, I heard the glass breaking just in the front of me, and the stones falling about me; at last I saw three persons very busy at the door of the house, in attempting to break the door, they had got hold of a shutter, or part of a shutter, two on one side of it and one on the other, the prisoner Purchase and another were on the left side, Purchase nearest to me of the second, Warnbeck had hold of the shutter on the other side, they were using it, endeavouring to force the lower part of the door, the upper part was at that time broke; the fan light over the door was like wife broke, and most of the window frames and shutters were broke or pulled down, and I believe most of the windows of the house, but this I did not so particularly notice; having observed these things, and seeing those men so active, I immediately sprung forward, caught Purchase in my left hand, and Warnbeck in my right, while they had in their handsthe shutter, trying to break the door open; having laid hold of them I immediately delivered Warnbeck into the possession of two constables, who were close by the side of me, to support me, and said, take him to the Compter; Purchase began to struggle a good deal, whom I had in my left hand, and I kicked up his heels, in order to prevent him from making so much struggle; there were one or two constables near me, and I delivered him to one Streating, but seeing so considerable a mob, while I was going to deliver him, and while he was getting up, I received a blow on the back part of my head, and just at the same instant I heard somebody say, d-mn him, go it, we will have him off; what it alluded to I don't know, whether they meant to have me from him, or refuse him. By this time the military had marched up, and I desired Streating, as he seemed to be so very obstreporous, to take him into the front of the line, thinking there would be no attempt to rescue him there; they were afterwards delivered fase to the Compter, and brought before the Lord Mayor the next day, and then were committed; I have not the least doubt but they are the persons that were in that act.

Mr. Const. What time was this? - It was about half after nine, I think.

Q. < no role > Who did you say you gave Purchase to? - To Streating, and Warnbeck to Pierrpoint.

Q. You did not know these persons before? - I did not.

Q. Nor did you see them from that time till you see them before the Lord Mayor? - Warnbeck I did not see after that time, but Purchase I saw for near half an hour.

Q. When you went there first, you say, you did not perceive any thing particular, you stood still? - I said, when I went there I saw a large concourse of people, to the amount of four or five hundred; I stood still for the purpose of making observation, and my observation sell on these two men.

Mr. Knowlys. Though you did not see Warnbeck till the next day; had you any doubt about him then? - None in the world.

Q. If I understand you right, you took them both in the same instant? - I did; one in my right hand and the other in my left, and the reason I gave up Warnbeck immediately, was, because I had the mace in my right hand, and I could not so cleverly hold both.

GEORGE STREATING < no role > sworn.

I am ward beadle of St. Andrews, Holborn; I am an engraver by trade; I took charge of Purchase, the young man on this side.

Q. How long was he in your custody? - To the best of my thinking, about three quarters of an hour.

Q. You are sure that is the young man that was in your custody? - Yes, I am quite certain; I received him from the hands of Mr. Hollier.

Prisoner Purchase. I was going up Holborn to my uncle's that lives in Walpole-court, he lives at No. 5, I crossed Hatton-garden, and I saw a great mob; when I came to that house, some pieces of a shutter took me by the foot and throwed me down, and before I could get up, the gentleman took me into custody.

Prisoner Warnbeck. On this Wednesday night I was told by a person there was a great riot in Shoe-lane, and he was going to see it, and I said, I would go with him, and I came to Shoe-lane, and could not get in, and I could not get back again to go home, and the mob carried me up Fleet-street, and then I came down Shoe-lane to return home; and as I was going to turn off to come down Holborn, there was a mob assembled to break the house; I stood in the road side for about a minute and a half; when the city officers cameup, and Mr. Hollier took hold of a person by the coat, and he gave a kind of a twist round to get away, and he made a kind of slip off; and then Mr. Hollier stood and looked me in the face, and said, you are one of them; I said, I am not. He took hold of me, and he said, he would keep me; by that means he took and delivered me into the custody of two officers, and I went very peaceably along.

Court to Hollier. Warnbeck says, you aimed at another man first, and he slipped away, and then you laid hold of him? - I am positive that Warnbeck is one that had hold of the shutter. With respect to the attempt to get away, he did attempt it, but I again grasped him, before he got from me, and gave him over to the officers. I am sure that Warnbeck had hold of one side of the shutter, and I am sure that Purchase had hold of the other.

The prisoner Warnbeck called eight witnesses; and the prisoner Purchase called four, who gave them exceeding good characters.

Anthony Purchase < no role > , GUILTY . Death .(Aged 21.)

Richard Warnbeck < no role > , GUILTY. Death.(Aged 18.)

Jury. We beg leave, by reason of the youth and good characters we have heard of the prisoners, most earnestly to recommend them to his majesty's mercy.

Tried by the London Jury before Mr. Justice ROOKE.