315. WILLIAM PIERS proceedingsdefend and MARY JOHNSTONE proceedingsdefend were indicted, the first for that he, on the 5th of January , with a certain pistol, loaded with gunpowder and a leaden bullet, feloniously, wilfully, and maliciously did shoot at one William Cobb proceedingsvictim , against the form of the statute; and the other for feloniously being present, aiding, abetting, comforting, assisting, and maintaining the said William Piers, the felony aforesaid to do and commit .(The case was opened by Mr. Conft.)

WILLIAM COBB sworn. - Examined by Mr. Const. Q.What are you? - A. A journeyman butcher , servant to Mr. Sharp, in High-street, Marybone, the corner of Paddington-street .

Q. On the 5th of January were you at your master's house? - A. Yes.

Q.Who was with you? - A. I was standing at the door with the watchman.

Q.What time was it? - A.About half past nine at night; I was standing with my back against the waistcoat and the board where the shutters are put up; while the watchman and I were talking, a woman passed by the door several times, but I did not notice her at all; she came by again, and the watchman and I were talking about what fare he had met with in Harley-street; that he had had a dollop of turkey; my master's apprentice was standing at the door at the same time; his name is Lawrence Mawbey; the woman came by again, and said something to the boy, but what the words were, I did not hear; I then went into the road to make water; before I shut up the shop, and while I was there, I saw two persons go into the shop, whom I did not then know; one was Capt. Piers, and the other was the woman that I had seen pass the door before.

Q.Look at the two prisoners? - A. I know that gentleman, but the lady I do not know; that is the gentleman that went in with the lady; when I went into the shop, he was knocking with a stick against the boards.

Q.Who was in the shop? - A.Nobody, till the boy came out of the yard, and met them; the boy had gone back into the yard; as Capt. Piers met him in the shop he collared him; I came up, and asked what was the matter; he intimated that the lady had been infulted, but I don't remember the words he used; the turned about, looked at me, and said to Capt. Piers, that is the man that insulted me, pointing to me; upon which he laid hold of me by the collar, and said he would charge the watch with me; he took me from the shop to the door, he pulled me by the collar, and then a man of the name of Hales came up, and said, William, you charge the watch with him; I said, what for, there is no insult at all given; at that instant he insisted upon the watch being charged with me, and then I charged the watch with him; the watchman came up, and put his arm round my shoulder, and got me and Capt. Piers both hold together.

Q. What was that watchman's name? - A. Buckley, I think; and while we were in custody of the watchman, Capt, Piers withdrew back from the watchman, got out of the watchman's hands, and when he had got away, I said, it is a sad thing I am charged wrongfully, and tried to get away from the watchman.

Q. What became of the woman? - A. I cannot tell.

Q. How far did Capt. Piers go? - A. I cannot tell; he drew himself back from the watchman, and upon that instant he came up again.

Q. How long had he been absent? - A. Not half a moment; he withdrew himself behind me; he came up, and at that instant I was shot; I did not see him, nor I did not know I was shot; I do not know who shot me.

Q.Whereabouts were you shot? - A.Under the right ear; at that instant the watchman let me go, and I was taken to a surgeon's.

Q.Are you sure that you have told all that passed, as far as you are concerned? - A. Yes.

Q. Had you said any thing to the lady whatever? A.Not a word, if I was to die this moment.

Cross-examined by Mr. Knowlys. Q.What was the name of the watchman you were conversing with at the time the lady was passing backwards and forwards? - A.His name is Corbett.

Q. Do you mean to represent that the Captain shot you as from behind? - A.From behind; I did not see him shoot me.

Q.You never saw him, or spoke to him? - A. No.

Q.Nor attempted to lay hold of him? - A. No, I never attempted to lay hold of him.

Q.There are some very respectable witnesses here, whom I shall examine upon that head; now do you mean to persist in it? - A. I do.

Q.You did not see him at the time, did not attempt to lay hold of him, nor did not speak to him? - A.Not at that time, not after I had charged the watch with him.

Q.Then of course you did not attempt to strike at any body? - A. No.

Q. That you are sure of? - A. I am sensible of it.

LAWRENCE MAWBEY < no role > Sworn. - Examined by Mr. Const. Q.You are an apprentice to Mr. Sharp? - A. Yes.

Q.Do you remember being at your master's door on the 5th of January? - A. Yes.

Q.About what time? - A.About half past nine.

Q.Were you there when the watchman came up? - A.No; I came up before he went to cry half past nine.

Q. Did you see any body in the street at that time? - A.No, I did not.

Q.Do you know either of the prisoners? - A. Yes, I know them both.

Q.Did you see them both that night? - A. Yes.

Q.When did you first see either of them? - It was about half past nine when I saw Miss Johnstone walking, first into Paddington-street, and then into High-street, round the corner.

Q.Was the there any time? - A. I cannot say the different times the was there.

Q.Did the say any thing to you, or you to her? - A. I did not say a word to her.

Q.Did any thing happen after the watchman cried half past nine? - A. Yes, Corbett was telling him about some turkey that was given him in Harley-street; he could not stop to finish the story, but went to cry half past nine; I said to him, old man, what a dollop of turkey you had; then Mary Johnstone came up, and said, young man, you shall suffer for that, and I laughed at her, and went into the shop, thinking no more of it.

Q.Had you said any thing to her? - A. I had not said a word to her; I went into the shop, and before I had been in the shop a minute, William Piers < no role > and Mary Johnstone < no role > came into the shop, and William Piers immediately collared me, and shook me; and then Miss Johnstone said, this is the boy, I am sure that is him that insulted me.

Q.At that time was any body else in the shop? - A. No; then Cobb came out of the street into the shop, and asked me what was the matter, while he had hold of my collar; when Cobb came in, Miss Johnstone said, oh, oh, that is not the boy, that is the man that insulted me; then he collared William Cobb < no role > , and pulled him on the step of the door, and called out, watch, several times.

Q.Was your mistress in the shop any part of the time? - A. Yes, she was in the shop when William Cobb came in, and asked what was the matter; my mistress came out of the parlour, and enquired what was the matter, and Capt. Piers said I had insulted this lady; my mistress said, she was very sorry for it, and asked what insult I had given.

Q. Was that before Cobb came in? - A. Yes; then Cobb came in, and that passed which I have stated; then Buckley, a watchman, came from over the way, and he gave charge of Cobb; he laid his hand on his shoulder, and then William Cobb said, he would give charge for charge, and then the watchman took hold of them both, and was going to take them to the watch-house; then William Piers broke loose from the watchman, and drew back from the watchman two or three paces, and then he came forward again, and presented a pistol at him.

Q.At what distance was he at that time? - A. He stretched out his leg, and let off the pistol within a foot or eight inches from his face.

Q.How did he stand? - A.He stood like by the side of him.

Q.Did he say any thing? - A. Yes; after he had shot the pistol, he said, there, you b - r, take that; then William Piers took Miss Johnstone under his arm, and ran down Paddington-street.

Q.Miss Johnstone was present then? - A. Yes, she was present the whole time; I took hold of Cobb, and led him to the surgeon's.

Q.Did you hear Cobb say any thing to Miss Johnstone? - A.Not at the time I was there.

Q.Did you hear the watchman say any thing to her? - A. No.

Cross-examined by Mr. Alley. Q.You are an apprentice to Mr. Sharp? - A. Yes.

Q. The lady, I suppose, was a stranger to you, that you saw walking up and down? - A. Yes, she was.

Q.Had you never seen her before? - A. Not to my recollection.

Q.Do you know if there happens to be a lobstershop in your neighbourhood? - A.There is Mr. Dare's, a fishmonger, next door.

Q.Did not you see the lady waiting for some person that was purchasing a lobster? - A. I did not see that.

Q.How long were you waiting there? - A. About ten minutes.

Q.Remember you are upon your oath; do you mean to swear you never touched her? - A. I never touched her.

Q.Did any body touch her petticoats while you were there? - A. No.

Q.Do you mean to swear that? - A. I do.

Q.Were you inside or outside the shop? - A.Outside.

Q.Was the walking on the footway, or in the street? - A.She was walking on the pavement.

Q.Close by you? - A. No.

Q.She was on the pavement, and you were on the pavement? - A. Yes.

Q.Upon your oath, did you not put your hands upon her petticoats? - A. I did not, I did not touch her.

Q.Did you happen to put your foot between her legs, and kick her petticoats up? - A. I did not.

Q.That you mean to swear? - A. Yes.

Q.Was Cobb with you at the time the girl passed you? - A. Yes.

Q. Had Cobb and the watchman parted before the lady passed you? - A. No.

Q. Then Cobb could have observed what you were doing? - A. Yes, I stood by him at the same time.

Q.Do you mean to say you said nothing uncivil, either to Cobb, in the hearing of the lady, or to herself? - A. No.

Q.Nor attempted to touch her? - A. No, nobody said a word to her.

Q.You were examined before the Magistrate? - A. Yes, at Marlborough-street.

Q.Did you not say, at Marlborough-street, you only laid your hand upon her? - A.No, I did not say that I touched her.

Q. You say, you were there when the watchman came up, after Captain Piers had called the watchman? - A. Yes.

Q.Before the shot was fired, did you see Cobb attempt to strike the prisoner? - A.No, I did not.

Q.Had you an opportunity of observing what was doing? - A. Yes.

Q. You mean to persist in saying, you neither did or said any thing that was uncivil? - A. Yes, I do.

TIMOTHY CORBETT < no role > sworn. - Examined by Mr. Const. Q.You are a watchman? - A. Yes, in Marybone parish.

Q.Do you remember seeing Cobb and Mawbey, at their master's door; on the 5th of January, at night? - A. Yes, at half-past nine o'clock.

Q. Do you remember seeing a lady in the street at that time? - A. Yes, that is the lady, (Pointing to the prisoner.)

Q.How was the employed? - A.She was walking along; she was rather intoxicated in liquor, and we were laughing at our solly, drinking with some gentlemen's servants, and then we laughed at her, seeing her intoxicated with liquor, and then the laughed at us again.

Q.She laughed at you again? - A. No, the did not laugh; I could not see her laugh by candlelight; she turned round and said, you vagabonds, what do you laugh at; upon that the walked on, and said, the would get a pill for one of us presently; I went to call my hour, and I saw no more of it.

Q.Did you hear Cobb say any thing to her? - A.Not a word.

Q. Or do any thing; did they touch her? - A. No; the man that was shot had his back against the window, he knocked his elbow against the window, and I told him not to break the glass, but neither of them ever touched her before I went away, nobody insulted her at all, only we laughed.

Cross-examined by Mr. Knowlys. Q.You are quite sure you did laugh at her? - A. We were first of all laughing at our own folly.

Q.And then you laughed at her? - A. Yes, we laughed at her for being drunk, I did not see any body touch her.

Q.You laughed at her for being intoxicated? - A. Yes.

Q.She was very drunk indeed, was not the? - A. No, she was intoxicated a little, the was waiting for him in the shop.

Q.But the was drunk enough to engage you all to laugh at her? - A.We did all laugh at her.

Q.How near were you to enjoy this joke? - A. Very near.

Q.And you were laughing at her being drunk? - A.No, we did not laugh at her being drunk, we were laughing at our own folly, and then we laughed at seeing her drunk.

Q.Then the said, you vagabonds, what do you laugh at; I will fetch somebody to give a pill to some of you? - A. Yes.

Q. Cobb had as good an opportunity of hearing that as you? - A. Yes.

Q.And Mawbey? - A. Yes; I don't know but he might hear it.

Q.Was it not your own low construction upon the words the used? - A. No.

Q. Did you see where the came from? - A. They both came from the other side of the street, and he went into a fishmonger's-shop.

Q.And the was walking up and down by the fishmonger's-shop? - A. No, she was walking up and down by the butcher's-shop.

Q. Is not that the next door to the fishmonger's? - A.No, there is a cobler's-stall between.

Q.And you chose to amuse yourself with laughing at her, being intoxicated? - A. No, we were laughing at our own folly first.

Q.What did you say among yourselves, about her being intoxicated? - A. Not any thing, only we saw she was rather intoxicated, and began laughing.

Q.You were talking to each other about her being intoxicated? - A. No, we did not; but when we saw her pass by intoxicated, we laughed.

Q.What did you say to each other about it? - A. Not a word, only laughing.

MARY SHARP sworn. - Examined by Mr. Const. Q.You keep this butcher's shop? - A. Yes.

Q. Do you remember two persons coming into your shop, on the night of the 5th of January? - A. Yes, between the hours of nine and ten; as I was sitting in my parlour, I heard a noise; I went out, and saw my apprentice standing in the passage; then I saw the prisoner, Piers, walking forwards towards the parlour door, and immediately asked, what was the matter? the prisoner, Piers, gave meno answer; the prisoner, Mary Johnstone < no role > , immediately said, that is the boy that has insulted me,(pointing to Mawbey;) I immediately said; I was extremely sorry, if either had given any offence, but I wished to know what insult was given; they gave me no answer, but insisted upon charging the watch with him, he had hold of the boy at the time, and dragged him out of the passage; I immediately begged him to leave the boy alone, as his master was not in the way to take his part, that I would make any recompence in my power to the lady; upon that, William Cobb came in to the assistance of the boy, and begged the prisoner, Piers, to let go the boy, in a remarkable civil manner; immediately, Mary Johnstone turned round, and said, it is not the boy that has insulted me, it was the man; she said, she could swear, three times, it was the man that had insulted her, and not the boy; she first said, she could swear it was the boy, and then she said, it was the man, she said it three times to the best of my knowledge; the prisoner Piers immediately insisted upon taking Cobb out to the door, and charging the watchman with him, and the watch was charged; I said to Cobb, the gentleman has insulted you, and you have not insulted him; I desire you will give charge for charge, which he did, for I really thought the gentleman had insulted me as well as the man.

Q.Was a person of the name of Hales there at that time? - A. I did not see him at the time; the watchman said, what am I to take charge of this man for? Captain Piers immediately said, for insulting this lady; I then saw the watchman take hold of both of them, and I saw no more till I heard the report of the pistol, I saw the flash, but did not see what passed.

Cross-examined by Mr. Fmowlys. Q.You made no particular remark about the lady at all? - A. No.

WILLIAM SERJEANT < no role > sworn. - Examined by Mr. Const. Q.What are you? - A. A coachman.

Q.Were you at the corner of Marybone-street, on the 5th of January last? - A. Yes, I was coming by the door about half-past nine, at night.

Q.Do you know either of the parties? - A. No.

Q.What did you observe? - A. The first thing I observed, was Mr. Piers shaking the boy by the collar in the shop; Mrs. Sharp came out of the parlour, and asked what was the matter, Mr. Piers said, the boy had insulted the lady; Mrs. Sharp said, it is my boy, I am very sorry for what he has done, if he has insulted the lady; he shook the boy, and they both came out again; as they were coming out, Cobb came in, and then she said, it was not the boy, that is the man that infulted me; then Mr. Piers called the watch, the watchman came up, and he charged the watch with him; the watchman put his right-hand round the shoulder of the man; somebody said, why do not you give charge for charge, and then Cobb charged Mr. Piers; the watchman put out his hand and laid hold of Mr. Piers, and they all came off the flight of steps together, and after he had got off the flight, Mr. Piers made a step or two back; I thought he was shifting his money, there being a good many people about, to take care of it, it was his breeches pocket; he stepped forward again, and I heard the pistol go off, within six or eight inches of the man's head, it was very near; he then turned about, and said, there, take that; he then took the lady under his arm, and they went away; feeing the hole in the man's head, I sung out, do not let him go, he has murdered the man, then he was pursued, that is all I know.

Cross-examined by Mr. Alley. Q. As soon as the pistol was heard, he said, there, take that? - A. Yes.

Q.You heard perfectly plain what he said? - A. Yes.

Q.You were close by him, and therefore must have heard the expression exactly? - A. Yes.

Q.Did you see any body lay hold of Cobb, before the shot was fired, except the watchman? - A. No.

Q.Did you see Cobb make any effort to lay hold of Captain Piers? - A. No.

Q.Do you mean to say, you did not observe Cobb attempt to take hold of Captain Piers? - A. No, I did not.

Q.Were you examined at the Police-office? - A. Yes.

Q.Did you or not, say there, that you saw somebody, Cobb, I believe, attempt to take hold of Captain Piers, before he attempted to fire the pistol? - A. No.

PATRICK BUCKLEY sworn. - Examined by Mr. Const. Q.You are a watchman of Marybone parish? - A. Yes.

Q.Do you remember being called upon at Mr. Sharp's door, to take charge of any body? - A. Yes, on the 5th of January.

Q.What passed? - A.When I came up, the prisoner at the bar, William Piers < no role > , gave me charge of William Cobb.

Q.Did you take charge of him? - A. Yes.

Q.What else happended? - A.After I had him in custody, Cobb gave me charge of Captain Piers; I laid hold of both of them; then Mr. Piers withdrew himself from me to my left-hand, and turned from over the kirb-stone to the kennel; he declared, when he turned round from me, by heaven, I will blow his brains out.

Q.When did he say that? - A.Immediately, when he turned off from me; at the same time, William Cobb < no role > said to me, how dared he charge me wrongfully, he made a resistance to get from me.

Q. Did you let him go? - A. No, he was my first charge, and I kept him in possession; Mr.Piers turned round very quick, and when we got to the post at the corner of Paddington-street and High-street, Capt. Piers stepped back, and then stepped forwards again, and said, take that, and fired a pistol.

Q.How near to his head? - A. As nigh as I can tell from nine to ten inches; as soon as the pistol was discharged, I let loose my hold of Cobb, and went across after Capt. Piers; I sprung my rattle, I overtook him, and he came quietly to the watch-house with me and the rest of the watchmen.

Q.Had you any conversation with Captain Piers when you took him? - A. No.

Cross-examined by Mr. Knowlys. Q.There was a good deal of struggling; first Capt. Piers got away from you, and then Cobb tried to get away from you? - A. Yes.

Q.The Captain declared he would blow his brains out? - A. Yes.

Q. That he cried out quite loud? - A. Yes.

Q.Any body might have heard it? - A. If he did not say it loud, you know I could not hear it.

Q.Every body might hear it who was near? - A. I suppose so; I cannot say whether they did or not.

Q.Was there not a man who laid hold of Cobb round the body to keep him from Capt. Piers? - A. I do not know that there was.

Q.You attended before the Justice? - A. Yes.

Q.Did not you hear some man declare that? - A. Yes.

Q.Who was that? - A. William Hales < no role > .

Q.Did you see Hales lay hold of him? - A. No.

Q.Did you lay hold of Miss Johnson? - A. I did not.

Q.You made no observation on Miss Johnstone at all? - A. No farther than when the first watchman came up to my assistance the struck at him.

Q.What is his name? - A.William Seymour.

Q. Is he here? - A.No, I don't think he is.

Q.She charged Cobb with insulting her? - A. I don't know; I was not there then.

RICHARD HALES sworn. - Examined by Mr. Const. Q.What are you? - A.A cordwainer.

Q.You live next door to Mr. Sharp? - A. I have a stall that I work in between the butcher's and the fishmonger's.

Q. Do you remember any thing happening on the 5th of January? - A. Yes; as I was sitting at works between nine and ten o'clock, I heard a noise; I saw some people round Mr. Sharp's door; I went out to see what was the matter; I saw the two prisoners giving charge to the watchman of William Cobb; upon that I said to William Cobb, give charge for charge; and Mrs. Sharp said in the shop, charge for charge; upon that Buckley took them both into custody; the watchman said, when they were both in custody, now make it up; Mr. Piers wrested himself from the watchman, and stepped back.

Q.Did he say any thing? - A. Not at that time as I heard; Cobb finding Capt. Piers loose from the watchman, rather put himself in a bustle, and said, he would not go the watch-house any more than Capt. Piers; upon that I said, stop, William, the watch shall take him into custody too; then the watchman went behind Cobb, and laid hold of him by the skirt of his coat, and Mr. Piers instantly stepped forward, and fired a pistol, saying, take that; I saw the first of the pistol, and I thought there might be another, and I let go, and drew back.

Q.Did you see Cobb attempt to take hold of the prisoner? - A. No.

Q. Did you go to take Capt. Piers into custody? - A. No.

Cross-examined by Mr. Alley. Q.Have you never said, you saw Cobb take hold of that man round the waist? - A. No.

Q.Who was it had hold of the prisoner? - A. The watchman.

Q. Did you neither yourself take hold of the prisoner, nor observe Cobb take hold of him? - A. I did not.

JOHN ANDREWS sworn. - Examined by Mr. Const. Q. You are one of the acting overseers of Marybone parish? - A. Yes.

Q. Were you near the corner of Marybone-street on the night of the 5th of January? - A. I was at the house directly opposite Mr. Sharp's shop; between nine and ten o'clock, I heard the report of a pistol, and a rattle spring; I went up, and enquired the cause, and, in the presence of Capt. Piers, I was informed a man was shot; I went and desired the watchman to be sure and take care of him, for he had shot the man through the head; the prisoner, Piers, replied, d - n him, I am glad of it; I with I had shot him through the heart; I then went down, and saw him lodged in the watch-house; I saw him searched, and the pistol found upon him, which he said he was not ashamed of, for he had authority to carry it, or words to that effect.

RICHARD MOAY < no role > sworn. - Examined by Mr. Const. Q.You are keeper of Marybone watch-house? - A. I am.

Q.Were you upon duty when the prisoner, Piers, was brought to you? - A. Yes; when he was brought in, I went to search him; putting my hand down his sides, he said, you have no occasion to do that, the pistol in my breeches pocket; he was putting his hand in, and I stopped his hand, for fear of its being loaded; I put my hand in, and took it out; one of the gentlemen spoke to him; he said, I with the ball had been through his brains, or through his heart.

Q. Who said that? - A.Mr. Piers.

Q.After he was at the watch-house? - A. Yes.

Mr. MORRIS sworn. - Examined by Mr. Const.

Q.You are a surgeon? - A. Yes.

Q. Can you state the situation of this poor man on the 5th of January? - A.On the 5th of January, between nine and ten, this man was brought to me, and, upon examination, I found the ball had entered the back side of the right cheek, had struck the upper jaw-bone, and was repelled backward into the muscles of the cheek on that side, it did not penetrate further than the check-bone.

Q.Did you extract the ball? - A. Yes, I did; I have it here.

JOHN MACKINTOSH < no role > sworn. - Examined by Mr. Const. Q.What are you? - A. I belong to the Stamp-office.

Q. Do you know any thing of this transaction? A. On the 5th of January, about half past nine in the evening, I was passing by; within about forty yards from the corner of Paddington-street, I heard some people hooting, and saw the lady passing; when I came to the corner of Paddington-street, I observed Mr. Sharp's man and boy standing at the door; they were hooting a lady who was passing by; when she had got about twenty yards down High-street, she returned, and went into Paddington-street, and then they began hooting at her again, and called after her, rag, tag, and bob-tail, those were the expressions they made use of; when she got into Paddington-street, she went to the fishmonger's, and then a gentleman came out of the fishmonger's with her; at the time the gentleman came out of the shop with her, I observed the man go across High-street, and the boy seemed to go back, as if it was to the yard; the person who came out of the fishmonger's-shop went into the butcher's-shop.

Q. Was Capt. Piers that person? - A. Yes; he asked who it was that insulted the lady under his protection; there was nobody in the shop at the time he went in; Mrs. Sharp came out from the parlour; he knocked with a stick on the floor, and Mrs. Sharp came out.

Q.Where were you standing at that time? - A. I was standing just at the door; Mrs. Sharp said, she could not tell who it was that insulted her, and then the boy came in from the yard.

Q.Did she day no more than that? - A. I did not hear her say any more; when the boy came into the shop, Miss Johnstone said, that is the person who insulted me; when Capt. Piers immediately caught him by the coat, began to shake him, and asked him how he dared insult any body in the street.

Q.What part of the coat did he take him by? - A.By the lappel; at the time he was shaking him, Cobb returned from the street, caught Mr. Piers by the arm, and asked him what he was doing; called him a stupid fool, and said, if he did not go out of the shop, he would turn him out.

Q.Was Mrs. Sharp there at this time? - A. Yes.

Q. And the boy? - A. Yes; he immediately turned round, and desired him to take his arm off; he immediately returned, and went into the street from the shop.

Q. He did not touch Cobb? - A. I did not see him touch Cobb; when he got into the street, he called the watch; when the watchman came up, he desired him to take into his charge Mr. Cobb; immediately Mr. Cobb gave charge for charge, and they both went together; at that time Mr. Piers turned round, and began to speak to the watchman.

Q. You saw him speak to the watchman? - A. I imagined him speaking to the watchman; I did not hear what he said.

Q.Were you as near to him as when you heard what passed between him and Mrs. Sharp? - A. No; when he appeared to speak to the watchman, Cobb jumped down the steps of the door, and began to swear very much indeed.

Q. At this time there were a great number of people there? - A.There might be about half a dozen.

Q.Then all those half dozen heard and saw what passed as well as you? - A.They might for what I know.

Q.Were they in the same situation that you were? - A. It they chose, I should think they might; he jumped down the steps, began to swear very much, and said, let me at him, I will give him his gruel; and it appeared to me as if several people attempted to stop Cobb; there appeared to be a bustle, as if they wished to stop-him from getting to Capt. Piers.

Q.What did they do? - A.One before me laid hold of him, but he broke from him, and I laid hold of him myself, but he got from me; then he went towards Capt. Piers, and made two or three blows at him; at the time that he aimed at him, Miss Johnstone happened to step between Captain Piers and Cobb; at that moment I wished to get away; I turned my head round, and saw Cobb making another attempt to strike at him; I heard the report of a pistol, and saw that Cobb was shot in the face.

Q.Did you happen to know either of the prisoners before? - A. No; I have often seen Cobb before, and I have seen Cobb sneer at me frequently as I have gone past.

Q.You were offended at him? - A. I thought it was very unmannerly.

Q.Did you ever make any complaint to the master or mistress? - A. No, I thought it the best way to take no notice of it.

Cross-examined by Mr. Knowlys. Q. I believeyour father lives within a very few doors of this shop? - A. Yes.

Q.You were not at all a friend or acquaintance of Capt. Piers or Miss Johnstone? - A. I don't know that I ever saw either of them before.

Q.As you are a neighbour of there butcher lads, and have passed the door frequently, are they civil lads, or the reverse? - A. I have heard that they are not, and I have observed them behave very unmannerly to me.

Q.Without your giving any cause? - A. Yes.

Q.You have the honour of having a place in the Stamp-Office? - A. Yes.

Q. How long have you had it? - A.About a twelvemonth.

Q.Was there any thing in the dress or manner of Miss Johnstone to provoke the derision of any person? - A. No; I thought her dress was very becoming.

Q. Is it true or false that the had the least appearance of being disguised in liquor? - A. No, I did not imagine any thing of the kind; I thought her quite the contrary.

Q.Was the decent in her dress and appearance? - A.She was.

Q.You yourself saw several blows aimed by Cobb at Capt. Piers, before the pistol was fired? - A. Yes.

Q.Was the manner of Cobb violent at the time? - A.He appeared to be very much so, he swore very much.

Q. I believe you attended before the Magistrate, without being sent for by any body, to tell the truth of the transaction? - A.No, Miss Johnstone called upon me to request that I would.

Q. In consequence of which you attended before the Magistrate? - A. Yes.

Q.You were bound over to appear before the Grand Jury? - A. Yes.

Q.Did you attend at the Grand Jury door? - A. I attended two days, but I was not called in.

Q. How long have you known there butcher lads? - A.Some time, from seeing them in the neighbourhood.

The prisoners left their defence to their Counsel.

For the Prisoners.

JAMES MIFFLIN < no role > sworn. - Examined by Mr. Knowlys. Q.Where do you live? - A.At Mr. Lowe's, the corner of Great Marybone-street, a pawnbroker.

Q. Had you any business which took you on the evening this happened into this neighbourhood? - A. Yes; I was going of an errand for my master to the fishmonger's that joins Mr. Sharp's shop.

Q.Tell us what you observed? - A.Before I came to Mr. Sharp's, I saw Miss Johnstone walking; the turned back, and went past Mr. Sharp's; I passed her, and heard a boy hooting after her, the same as if they were driving a bullock or a sheep; upon looking round, I observed it was the butcher's boy.

Q.Did you know him before? - A. No.

Q. Where was he when you first saw him? - A.Standing upon the steps of Mr. Sharp's shopdoor; I went on to the fishmonger's, and Mr. Piers was there cheapening a lobster, which was not boiled; the lady came in, and said, I with you would step out, for here are some boys that have very much insulted me; then the gentleman laid hold of her arm, and went to Mr. Sharp's.

Q.Was that all the said to him? - A. Yes, that was all I heard; I saw the gentleman go into the shop, and knock hard with a stick; Mrs. Sharp came out, and asked what was the matter; he said, the boy had insulted a lady; Mrs. Sharp said, the boy had not, for he had just come out of the yard; then the person that was shot said, no, she had not been insulted there.

Q.Are you sure it was Cobb said so? - A. Yes. I am sure it was him; then there was a quarrel between Mr. Piers and Cobb; I saw Mr. Piers come down the steps of the butcher's door, and he called the watch three or four times; the watchman came, and Mr. Piers gave charge of Cobb.

Q.Did that draw any people round? - A. There was a vast concourse of people; upon that somebody called, give charge for charge, and there was charge for charge given.

Q.After Cobb had given charge of Capt. Piers, what followed then? - A.Mr. Piers seemed to decline it, and was going up Paddington-street; Cobb finding that, seemed very much enraged; he broke away from the watchman, and tried to strike at him.

Q.Tell us how he tried to strike at him? - A. Several people had hold of him, and he broke away from them, and tried to strike at him.

Q.Shew us in what manner he did it? - A.He squared at him with his fist. - (Describing it.)

Q.What happened upon that? - A.Upon that I saw Miss Johnstone get between them, and try to shove Cobb away, to keep him from striking.

Q.What happened upon that? - A. A vast concourse of people assembled; I had a large dish under my arm, and I got out of the mob, and in two or three seconds after that I heard the report.

Q.Was there any thing either in the dress, or conduct, or manner of Miss Johnstone, to induce these people to hoot after her? - A. Not the least.

Q. Did she appear to be a woman disguised by intoxication? - A.Not at all.

Q.Was there any thing indecent in her dress or manner? - A.Not at all.

Q.Were you acquainted with either of the prisoners? - A.No, I was a stranger to them.

Q.How came you to be subpoenaed? - A. AfterI had seen what I did, I went home, and told it to my master.

Q.In consequence of which, I believe he gave information? - A. Yes.

Cross-examined by Mr. Const. Q.You say, you remember his coming out of the fishmonger's shop, and going into the butcher's shop? - A. Yes.

Q.Relate what passed at that time? - A. Mrs. Sharp came out of the parlour.

Q.How is the parlour situated with respect to the shop? - A.The parlour is on the left-hand.

Q.Could you see the parlour at all? - A. No, but I should suppose, by the door, it was the parlour; there are some windows in the shop, which I took to be the parlour.

Q.Who spoke first? - A.Captain Piers said, some boys had very much insulted the lady.

Q.Where were you when he said that? - A. I was by the door.

Q.What answer was made to that? - A. She said, her boy was just come out of the yard, and the man came up, and said, nobody had been infulted there.

Q.Was the boy in the shop when Cobb came in? - A. Yes.

Q.Who was in the shop when Mrs. Sharp came in? - A.Nobody.

Q. Mr. Piers did not take hold of the boy first? - A.Not that I saw.

Q. I ask you, upon your oath, whether he took hold of the boy or not? - A. I did not see him.

Q.Must you have seen him, if he had? - A. Yes, I think I must.

Q. Did you hear Miss Johnstone accusing the boy of having insulted her? - A. Yes, the said, that was the boy that had infulted her. (Pointing to the apprentice.)

Q.And then Captain Piers did not lay hold of him? - A. No.

Q.Was Cobb in the shop at that time? - A. He came into the shop.

Q.Cobb was there, when the said, that was the boy that infulted her? - A. He came in at that time.

Q.Did she not, after having said the boy infulted her, tell Captain Piers to let go the boy, for that it was Cobb that had infulted her; I heard her say, that they had both infulted her.

Q.Did he take both into custody afterwards? - A. No, he gave charge of Cobb, and the boy said, he would go to the watch-house likewise, but charge was not given of him.

Q.Did they all go to the door together? - A. Yes, they all came out to the door together.

Q.You said Captain Piers went out to the door and called watch, did he not drag Cobb with him by the collar? - A.No, I did not see him.

Q.Then you mean to say, you did not see him touch Cobb at all? - A. No, I did not see him touch either of them.

Q.Did you see the watchman take hold of Captain Piers? - A. Yes, there were two or three watchmen got hold of him, after the pistol was fired.

Q.Did you see any watchman take hold of Captain Piers, before the siring of the pistol? - A. I cannot say I did.

Q.You saw all that passed? - A. Yes.

Q.Then, perhaps, you will swear he was not taken hold of by the watchman? - A.Not that I saw.

Q.And you are as sure of that as you are of any thing else you have told us? - A. Yes.

Q.Then Captain Piers, being in custody, could not get out of custody, by shifting his arm? - A. No, he was walking away.

Q.Therefore, though he was charged, the watchman went away without offering to detain him? - A. Yes, he was going up Paddington-street.

Q.And the watchman did not attempt to detain him, do you mean that? - A. Yes.

Q.The watchman never touched him at all? - A.Not that I saw.

Q.And you saw all? - A. Yes.

Q. Do you remember a shoemaker, of the name of Hall, being there? - A. No, I did not know any one in the place.

Q.You saw Cobb running after the prisoner to attempt to strike at him? - A. Yes.

Q. And that repeatedly? - A. He did it two or three times.

Q.Did he strike him at all? - A. No.

Q.Were the watchmen near him at that time? - A. Yes.

Q. You saw all the people there that have been examined this morning? - A. Not to take any notice of them.

Mr. Knowlys. Q. You are perfectly sure, that before the report of the pistol, this man had made two or three attempts to strike at Mr. Piers? - A. Yes.

Jury. Q.When you found Mr. Piers and the lady attempt to get away, was that before you heard the report of the pistol, or after? - A. It was before the report of the pistol.

CHRISTOPHER READ < no role > sworn. - Examined by Mr. Alley. Q.What business are you? - A. A carpenter.

Q.Do you live in Marybone? - A. Yes.

Q. Do you remember passing through Paddington-street on the night this happened? - A. Yes.

Q. Do you recollect seeing the two prisoners? - A. Yes.

Q.Do you recollect any thing particular happening? - A. Yes; I came up to Mr. Sharp's doorjust as the gentleman came down the steps with the lady, and he was calling for the watch; the watchman took Cobb into custody, and then some person persuaded Cobb to charge the prisoner; after that, Mr. Piers took hold of the lady, and seemed to be going away down Paddington-street; Cobb extricated himself frem the watchman, and followed him, he had put himself in a posture, as I suppose, to strike him.

Q. Did you see him attempt to strike? - A. I did not, I was not near enough.

Q. At that time, no mischief had been done? - A. No, some bad language had passed between both parties; after that, I saw Miss Johnstone drive Cobb back again, and in a few seconds after that, I heard the report of the pistol, but I did not see it fired.

Q. Are you sure, that when Cobb broke away, the prisoners were apparently going away? - A. They were.

Q. Did you ever see either of the prisoners before? - A.Never.

Cross-examined by Mr. Const. Q. You saw the time when the prisoner charged Cobb with the watchman? - A. Yes.

Q. And Cobb charged the prisoner? - A. Yes.

Q. And the watchman took hold of both? - A. Yes.

Q. You are sure of that? - A. Yes.

Q. Which of them first got out of the watchman's hands? - A. Captain Piers.

Q.Are you sure the watchman had hold of him? - A. So far as to clap his hands upon him.

Q. After that, Cobb broke away? - A. Yes.

Q.Where were you? - A. I was standing at the post opposite the door.

Q.Could you see Cobb quite free from the watchman? - A. Yes.

Q. You are quite sure of that? - A. Yes.

Q.Did he run after Captain Piers? - A. Yes, he made all the haste he could.

Q.How far might he have got? - A.Nearly to the extremity of Mr. Sharp's premises.

Q. You could not see very well, I suppose, by that light? - A. No.

Q. You did not see him strike Mr. Piers? - A. No, I only saw him put himself in an attitude to strike.

Q. When Miss Johnstone drove him back, did he turn towards Mr. Piers? - A. He immediately received the wound.

Q. At the time he received the wound, had not the watchman hold of Cobb? - A. I cannot say, there were a number of people between me and Captain Piers, I did not see him fire the pistol.

Q.Then, for any thing you know, they might have hold of him? - A. I cannot say.

JOHN DUNKIN < no role > sworn. - I am a Captain in the Royal-artillery: I have known Captain Piers ever since the year 1798.

Q. What has been his disposition and character for humanity? - A. I never knew him act unlike a gentleman or rashly in my life.

Q. Did you account him a good tempered man always? - A.Always.

Q. What is he? - A. He was Captain in the 22d, and is now, I think, upon half-pay, in the 113th.

The prisoner also called Capt. De Young, and five other witnesses, who gave him an excellent character.

The prisoner, Johnstone, called two witnesses, who gave her a good character.

The Jury retired at twenty minutes before two o'clock, and at four returned with a verdict of

BOTH NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Heath.