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Proceedings in confequence of the Riot and Murder. Wood's Hotel, May 13, 1784. As the friends of Lord Hood and Sir Cecil Wray mean not to inflame the minds, or impofe on the understandings of the people, they are not fo forward as their adverfaries in obtruding publications on the town, calculated only to mislead the judgment. The riot which happened on Monday having been attended, however, by the moft ferious confequences, it is conceived to be a duty to fubmit the following facts to general confideration, leaving every man of candour and honour to deduce fuch inferences as the truth will justify.

In confequence of the wounds which Nicholas Caffon, a peace-officer, received during the riot on Monday, he expired, as hath been stated, about half an hour past one o'clock on Tuesday morning. At five o'clock in the afternoon of that day the Coroner's Inqueft were fummoned to fit on the body of this unfortunate man. The furgeons who attended were Mr. John Hunter and Mr. Sheldon; and it had been previously ftipulated by the Committees of the contending Candidates, that thofe two fhould be the only gentlemen of the faculty prefent at the opening of the body. Two friends of Lord Hood and Sir Cecil Wray, and the fame number on the part of Mr. Fox, were also to be admitted. This agreement, reduced to writing, fhould have been confidered fa binding, as not to admit for a moment the idea of deviation. Mr. Brand, the furgeon, expreffed, however, a more than ordinary curiofity to be prefent at the melancholy fcene. The Rev. Mr. Jackfon ftrenuously objected to the admiffion of Mr. Brand, as it would be an abfolute violation of the original agreement. The Rev. Mr. Bate declared, "That he would not confent to break through the agreement; if that were "done in one inftance, it might in others, and a departure from the rule laid down "being admitted, confufion only could enfue." Mr. Smith, another gentleman in the intereft of Mr. Fox, perfectly concurred in the fame opinion, and Mr. Brand was filenced, but not fatisfied.

The furgeons having retired to examine the body, and the respective friends of the Candidates being required to attend, the chirurgical operation commenced, and the deceafed appeared to have received a moft violent contufion on one fide of his head, a quantity of extravafated blood was difcovered on the other, three of his ribs were broken, and there were various marks of violence, which the furgeons pronounced to be the caufes of his death. The Coroner's Inqueft being prepared to hear evidence, it was contended by a moft numerous party of Mr. Fox's friends, that the Coroner ought to enter into a difcuffion refpecting the commencement of the riot, which they were prepared to prove originated from the peace-officers. This was deemed by feveral gentlemen, perfectly competent to the question, irrelative to the bufinefs before the Coroner. After tedious harangues, and a great deal of fruitlefs altercation, it was agreed, that the Coroner fhould be waited on to enquire and report his determination, which turned out to be, not to admit any evidence as to the commencement of the riot, but fimply to enquire as to the murder or manflaughter of the deceased. The teftimonies of the fact being mumerous, and the investigation rendered as complicated as the machinations of party could make it, the Coroner's Inqueft continued fitting from five in the afternoon of Tuesday, until near one o'clock on Wednesday morning, when they found the fact to be Wilful Murder against fome perfon or perfons unknown.

It will appear incredible that fuch a verdict being given, and fifteen of the hired rioters being then actually in cuftody, any magiftrate fhould be fufpected as the primary caufe of the murder; yet, abfurd as the pofition may appear, it was maintained by a gentleman of the name of Kelly, who is hunfelf in the commiffion of the peace. About two

o'clock

o'clock yesterday morning Mr. Kelly, attended by several of Mr. Fox's friends, entered Wood's Hotel, and Mr. Kelly publicly declared, "That he had a charge of the most "ferious nature to make, and which he meant to fubftantiate against Mr. Wilmot.-"This charge was, he faid, of no lefs a nature than that of Mr. Wilmot's being an "acceffary before the fact to the murder committed." The fingularity of this affertion very naturally occafioned a general furprize; and Mr. Kelly perfifting in the charge, Mr. Wilmot was committed to the cuftody of a peace officer.

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Mr. Kelly having retired to an adjacent room, the following words were repeatedly vociferated by various gentlemen: "Mr. Kelly! Mr. Kelly! come forward, and make "good your charge!" Mr. Kelly declining to appear, Mr. Hood inquired for him, and "being fhewn the room where he was, Mr. Hood entered, and found a number of "Mr. Fox's friends, whom he thus addreffed :-- "I beg that Mr. Kelly, if he hath "any charge to make against Mr. Wilmot, may come forward, and do it immediately, as the accufation is of that heinous nature to admit of no delay. I can pofitively affure the friends of Mr. Fox, that it is the particular wifh of Lord Hood and Sir Cecil Wray, as "well as of thofe concerned for them, to have the perfons who were acceffary to the murder of "the unfortunate man brought to punishment; and that a fair and candid investigation may be "entered on immediately." Mr. Kelly replied, that he was ready to make the charge and fwear to it; but it was objected to by the friends of Mr. Fox for the following reafons : The lateness of the hour; that it was impoffible to carry on a civil procefs whilft the military were called in; and that Wood's Hotel could not be a proper place to have the depofition taken, it being a party house, and the magistrate a partial man!

Mr. Hood perceiving that his ftaying longer would not answer any good purpose, as the friends of Mr. Fox appeared unanimous in preventing Mr. Kelly from giving his depofition, wifhed the gentlemen a good night, and retired to a party of his own friends, in an adjacent room, to whom he reported what had happened.

In about a quarter of an hour Juftice Kelly, accompanied by Mr. Sheridan, fallied forth, for the purpose of fubftantiating the charge against Mr. Wilmot; and Juftice Hale, a very refpectable magiftrate, happening to be in the house, the following depofition was fworn before him:

"Mr. Edmund Kelly maketh oath, and faith, That he believes Mr. Wilmot was an "acceffary before the fact, of the murder of the man in Covent Garden on the 10th "of May inftant, by causing the riot, by keeping a parcel of conftables, against the "opinion of the Magiftrates that met at Westminster, at the Guildhall, yesterday. E. KELLY."

Sworn before me this 12th day of May, 1784.

JOHN HALE.

(COPY.)

This depofition is fo fingularly characteristic as to render it impoffible to peruse it and retain a gravity of features. That a Magiftrate fhould be acceffary to a murder, by retaining a parcel of conftables to keep the peace, is fuch an Hibernian folecifm as will fcarcely admit a parallel. The light in which it appeared to Juftice Hale is most evident; for perceiving the futility as well as the malevolence of the accufation, he attested his opinion in the fubfequent words:

"I do conceive that the above information is not, in any wife, fufficient whereby to "ground any charge against the abovenamed Mr. Wilmot; I therefore do hereby dif"charge him."

Dated the 12th day of May, 1784.

JOHN HALE."

(COPY.)

(COPY)

The accufations of Mr. Wilmot being thus difpofed of, an attempt of a very different, but equally atrocious nature, was happily defeated. About half an hour paft three o'clock yesterday morning, Mr. Hood, Mr. Nucella, and John Weildon, got into a coach with Mr. Wilmot, with an intention of conveying him fafely home. Soon after leaving Wood's Hotel, Mr. Hood perceived a coach following that in which he was, having two fellows behind, and two were running on the pavement with fticks in their hands. On reaching Chancery-lane, Mr. Hood called to the coachman to return to the Hotel, imagining that this would occafion the perfons in the other coach to defift from any further purfuit. Finding, however, his miftake, he gave orders to the driver to proceed directly to Bethnal-green, the refidence of Mr. Wilmot. The other carriage ftill following, Mr. Hood ftopped his own coach, alighted, and addreffing himself to the fellows who had ran along the pavement, he asked, "Whether they were friends or "foes?" They answered, that they did not intend to infult him. Mr. Hood then approached the carriage which had followed him, to difcover, if poffible, the perfons who were in it. After waiting a fhort time, a Mr. O'Brien let down the window, and Mr. Hood faid, "He thought his conduct very ftrange and unbecoming, and that he had not a right to follow him." Mr. O'Brien replied, "He had a right to go "where he pleafed." Mr. Hood then returned to his carriage, and it was driven to Mr. Whitbread's brewhoufe, where all the parties alighted, and Mr. O'Brien again appearing, Mr. Hood told him, "That he was aftonifhed at his conduct, and he asked if he meant to affaffinate him?" Mr. O'Brien anfwered in the negative, faying, "That "he need not be under any apprehenfions." Mr. Hood returned this anfwer, "I "never received fuch treatment, and your actions are fo fufpicious, that the worst "conftruction may be put on them." By this time, the number of perfons who had followed Mr. Hood's carriage were difcovered to be fix; Colonel North, and Mr. Shove, Barrister at Law, being of the number. After walking for a few minutes in Mr. Whitbread's yard, and procuring a broomstick, as the only inftrument of defence which could be procured, Mr. Hood and Mr. Wilmot returned to the carriage, and the coachman driving as faft as poffible, the purfuers loft ground, but on looking out of the window, Colonel North, Mr. O'Brien, and feveral other perfons, were observed running after the carriage.

On reaching the houfe of Mt. Wilmot, Mr. Hood received information that the coach, which contained Colonel North and his companions, had broke down, and the parties had croffed the fields towards Whitechapel, apparently for the purpose of overtaking Mr. Hood's carriage. Colonel North and his party meeting fome labourers, told them, "That the perfons in the carriage which had paffed, were rafcals who had "endeavoured to fwear away the lives of feveral innocent men, who were committed to "Newgate, and that Juftice Wilmot was fent there himfelf."

Thus providentially efcaping whatever might have been intended, and having quieted the apprehenfions of his family, Mr. Wilmot returned with his protector, to Wood's Hotel, which they reached about fix, Mr. Wilmot continuing there during the remainder of yesterday. About four o'clock in the afternoon the Reverend Mr. Bate, Sir Godfrey Webfler and Sir William Milner, waited on him to tender bail for the rioters in Newgate. They were informed that a copy of the commitment would be neceffary, and when that should be procured, the magiftrate would finally decide the bufinefs. The gentlemen accorded with his propofition, and they announced their intentions of returning in the afternoon. About feven o'clock they came, and Mr. Wilmot being in the Sub-Commitee Room, it was found impracticable to obtain that immediate access to him of which the parties were defirons. Their attendance was announced,

and

and they were requested to stay ten minutes, at the expiration of which Mr. Wilmot would wait on them. The time elapfing, and the gentlemen declaring that they had a moft preffing engagement to attend, the clerk of Mr. Crowder, an attorney, was inftructed to contrive the delivery of a notice to Mr. Wilmot, and the parties who came to tender bail left the house. On infpecting the notice, it was difcovered to contain information that the prifoners were to be brought before the Justices Haines, Forfter, Parker, Kelly, and Wiggins. This was rather confidered as a manoeuvre than a regular procecding agreeable to a jufticiary form: and there being pofitive charges againft three of the prifoners, warrants of detainers were fent to the office of Mr. Haines, and they were remanded to Newgate, the remaining twelve being bailed by the interfering Magiftrates.

In answer to a paragraph that appeared in the Morning Herald of Thurfday laft, in which is the following paffage: "It is, however, to be regretted, that Mr. Sheldon, "the gentleman that was fent by Mr. Fox's Committee to vifit the deceafed before his death, on Monday night, was not allowed to fee him." The following facts are fubmitted to the impartial public: late in the evening of the day that the unfortunate Mr. Caffon loft his life, Mr. Adair, Colonel Byron, Mr. Clarkfon, and feveral other friends of Mr. Fox, together with Mr. Sheldon, Surgeon, in Great Queen-ftreet came to Wood's Hotel for the purpose of vifiting the deceated: Mr. Sheldon then understanding that no gentleman of the faculty had been fent for, but Mr. Jackfon and Mr. Atkinfon meeting thofe gentlemen in the Coffee-room, and informing them, that Mr. John Hunter had feen the deceased, and declared that he was in imminent danger, and had given particular orders that he should be kept quiet, and that no perfon fhould be admitted to fee him, Mr. Sheldon declined vifiting him, and faid he was perfectly fatisfied. Mr. Jackfon infifted, that Mr. Sheldon fhould fee the deceased; but he again declined, faying he did fo in delicacy to Mr. Hunter: Mr. Sheldon was then anfwered, that Mr. Hunter fhould not again vifit Caffon without Mr. Sheldon being prefent, and that Mr. Hunter fhould be immediately waited upon, to fix a time for that purpose: Mr. Sheldon and other gentlemen were pleased to compliment Mr. Jackfon and Mr. Atkinfon, on their candour, and left Wood's Hotel perfectly fatisfied. Mr. Jackfon and Mr. Atkinfon immediately went to the houfe of Mr. Hunter, to fix a time for his meeting Mr. Sheldon the next morning, and not finding him at home, left a note to inform him of the purport of their vifit: fome little time after their return, word was brought by Mr. Wood, that he feared the deceafed lay at the point of death, and a meffenger was immediately difpatched to Mr. Hunter, to requeft his attendance, and Mr. Jackfon and Mr. Meyer went to the Shakespeare, to defire Mr. Sheldon alfo to attend; Mr. Louton was the only gentleman they found there, who was informed of their errand, and requested to fend for Mr. Sheldon, as Caffon was fuppofed to be near expiring, to which Mr. Louton anfwered, I fuppofe you killed him, aud then went away: furprised at this extraordinary behaviour, one of the waiters was fent in all poffible hafte to Mr. Sheldon's houfe, who foon after came to Wood's Hotel, but Caffon had expired a few minutes before his arrival.

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HOTEL.

RIOTER.

WOOD'S

Caption and Discharge of a

May 17.] On Friday evening Patrick Kenny was taken into cuftody, for affaulting and violently ftriking a Constable in the difcharge of his duty, on the fame day when the Peace Officer was murdered. Kenny was apprehended in Saint James's ftreet; and his caption was no fooner announced, than the conftable who took him was furrounded by a numerous party of Mr. Fox's friends, fome of whom dexterously picked the conftable's pocket of the warrant which authorized him to detain the prifoner. When Kenny reached the watch-houfe, the peace officer having thus loft the warrant, was of course deprived of the rule which would have been his guide in making a proper entry in the nightbook; and, not having read the warrant, he prefumed the charge against the prifoner to be that of felony, and as fuch he entered it in his book. The fucceeding morning (Saturday) Kenny was brought to Litchfield-street for exainination before the fitting magiftrates. Colonel North, being fomehow or other interested in the fate of his friend at the bar, contended, that the prifoner fhould only be queftioned as to the accufation alledged against him in the watch-houfe night-book; and not a fyllable of the affault on the conftable being found in that book, the Colonel affirmed it would be an extrane→ ous matter to hear any evidence on the fubject. Sir Robert Taylor, as impartially as juftificially, coincided in fentiment with Colonel North. Mr. Hale, however, was not fo eafily converted to an opinion founded on abfurdity. He faid, that the warrant for the apprehenfion of the prifoner had been iffued by him: that the charge was that of beating and maiming a peace officer in the execution of his duty. Mr. Hale added, that he had with his own hand delivered the warrant to the conftable who took Kenny into cuftody; and was it because fome of the party had conveyed away the inftrument of caption, that juftice fhould be as grofsly evaded as common honefty had been notoriously violated? The warrant had been ftolen; perhaps by a confederate. The trick was ingenious, and it fhewed to what lengths perfons of a certain defcription were capable of carrying their nefarious proceedings. Mr. Hale concluded by defiring, that the conftable might be permitted to depofe upon oath to the lofs of the warrant. was granted, and the prifoner was committed to Tothill-fields Bridewell, where he remained until yesterday morning, when he was brought a fecond time to Litchfieldftreet, for a final examination.

This

At twelve o'clock yesterday, Kenny was put to the bar of the Rotation-office, Litch field-street; and Mr. Morgan attended as counfel for the Crown, charging the prifoner, not only with the affault on the conftable, but as one of the rioters on the day when Nicholas Caffon was murdered; and having been therefore guilty of conftructive murder, precifely on the fame grounds which occafioned the conviction of Balfe and M'Quirke, Mr. Morgan fairly apprized the bench of his intentions, informing them, that the evidence he meant to adduce, would, in his opinion, go to prove, that the prifoner had attended from day to day, armed, with the other rioters, with a bludgeon, which he had unmercifully exercised ou the head of a peace-officer; and that, having been a party in the riot which occafioned the murder of a fellow-citizen, the prifoner was as guilty of that murder as if he had ftruck the fatal blow. Sir Robert Taylor was quite of a different opinion. The prifoner was charged with an affault. To that charge the evidence fhould be fpecifically confined; and as it was fubftantiated, the prifoner fhould be called on to give bail for his appearance.

Several evidences were called in proof of the affault on the conftable; and indeed the wounded condition of his head difplayed the barbarous treatment which he had experienced.

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