Jerfey, Earl of Carlifle, Earl Cholmondeley, Earl of Derby, Lord North, Lord Lef ton, Lord Beauchamp, Lord Melbourne, Mr. Onflow, Sir Ralph Payne, General St. John, Colonel Fitzpatrick, Colonel North, Lord Robert Spencer, Mr. Hafe, Mr. Sheridan, Mr. Wyndham, Mr. Faulkener, and Duchefs of Devonshire, Duchefs of Portland, Ladies Jerfey, Duncannon, Fitzwilliam, Sefton, Archer, Melbourne, Bamfield, St. John, Beauchamp, North, Payne, &c. &c.-The company were all retired between fix and feven, and the whole entertainment was conducted in a manner that did great honour to the beautiful patronefs of the night, and will ever be remembered in the feftive annals of the great and gay world.

[We have now gone through the Paragraphical Part of our Mifcellany, on both Sides the Question, which, we affure our Readers, has occafioned us great Trouble in felecting. Senfible how difficult a Matter it is to hit the Tafte of Individuals, in Things of this Kind, we are prepared to expect Cenfure from fome and Praife from others on one and the fame Subject: We flatter ourselves, however, that our Defire to please will not be overlooked, though poffibly our inferior fudgment may justly be condemned.. We shall next proceed to the Trial of the Rioters.]

ON N the firft of June, Patrick Nicholson, James Ward, Jofeph Shaw, James Murray, and others, took their trial at the Old Bailey, before the Right Honourable Robert Peckham, Efq. Lord Mayor of the City of London; the Honourable John Willes, Efq. one of the Justices of his Majefty's Court of King's Bench; the Honourable Sir Richard Perryn, Knt. one of the Barons of his Majefty's Court of Exchequer; the Honourable James Adair, Efq. Serjeant at Law, Recorder of the faid City; and others his Majefty's Juftices of Oyer and Terminer of the City of London and Juftices of Gaol Delivery of Newgate, holden for the faid City and County of Middlefex, on fufpicion of the wilful murder of Nicholas Caffon, at Covent Garden, on May 10, 1784. The following particulars contain the whole of the witneffes depofitions, and proceedings of the Court thereon.

INDICTMENT.

Patrick Nicholfon, James Ward, Jofeph Shaw, and James Murray, late of the parish of St. Paul, Covent Garden, in the county of Middlefex, labourers, were indicted, for that they, not having the fear of God before their eyes, but being moved and feduced by the initigation of the devil, on the 10th of May, in the twenty-fourth year of his Majefty's reign, with force and arms in and upon one Nicholas Caffon, in the peace of God and our Lord the King, then and there being, did make an affault; and that he, the faid Patrick Nicholson, with a certain large wooden stick, value one penny, which the faid Patrick then and there had and held in his right hand, in and upon the head, neck, ftomach, fhoulders, arms, back, belly, fides, loins, legs, and thighs, of the faid Nicholas, then and there folonioufly, wilfully, and of his malice aforethought, did divers times ftrike and beat, and cait and throw down to and agamit the ground, giving him then and there, as well by the striking and beating of the wooden fick as afore3 C 2 Laid,

faid, as by the cafting and throwing down to and against the ground as aforefaid, one mortal fracture on the fkull of him the faid Nicholas Caffon, in and upon the left fide of the head, and divers mortal bruifes in and upon the head, neck, ftomach, fhoulders, arms, back, belly, fides, loins, legs, and thighs, of him the faid Nicholas, by which faid mortal fracture of the skull, and the faid mortal bruifes as aforefaid, the faid Nicholas Caffon did languifh, and languishing did live, and on the 11th day of May of the said mortal fracture did die; and that the faid James Ward, Jofeph Shaw, and James Murray, at the time of committing the felony and murder aforefaid, felonioufly and wilfully, and of their malice aforethought, were prefent, aiding, abetting, affifting, and comforting him the faid Patrick Nicholas him the faid Nicholas Caffon to kill and murder; and the Jurors fay, that him the faid Nicholas Caffon, they the faid Patrick Nicholfon, James Ward, Jofeph Shaw, and James Murray did kill and murder. They were alfo charged upon the Coroner's Inquifition with the like murder.

The witneffes examined apart at the request of the prifoners Counsel.
Mr. Sylvefter opened the indictment.

And Mr. Morgan opened the cafe as follows:

My Lord, and you, Gentlemen of the Jury, you will please to favour me on the part of the prefent profecution; this is a very ferious and important business, and therefore it is peculiarly neceffary that you fhould pay a particular attention to the evidence that will by and by be produced before you; Gentlemen, a very wife regulation was recommended by one of the judges yesterday, to one of the Counsel for the prifoners and me, that this caufe fhould be tried by a Jury of Gentlemen who are not inhabitants of Wellminfter, for the exprefs purpose of trying the prifoners at the bar with the utmost impartiality; I addrefs you therefore, Gentlemen, looking upon you as men, uninfluenced by that unhappy spirit that has raged for a confiderable time laft paft in the city and liberty of Westminster; and as men who, I truft, will on this occafion use their foundest judgment and their coolest deliberations. If any of you have at any time been engaged in the party difputes that have lately fubfifted, and if you have heard or read any thing concerning thofe difputes, I truft you will remove from your minds every impreffion that you have hitherto received, but more efpecially any inpreffion you may have received unfavourable to the prifoners at the bar. Gentlemen of the fury, it is a duty becoming me, ftanding here as Counfel for the profecution, to ftate to you the outlines

of

of the tranfaction, for the mere purpose of guiding your attention to the effential part of the evidence, when that evidence fhall be produced to you, and for no other purpofe; therefore, I fhall not confider it as incumbent on me, when I have stated the facts to you, to prefs you with obfervations on that evidence; the learned Judge will fum up the whole with that precifion and impartiality which becomes high auhority, fitting in a feat of judgment, and I truft in this matter, no party spirit whatever will interfere in the adminiftration of public juftice. Gentlemen, I need not flate to you, that the late Election for Weftminster was carried on, contefted, and prolonged, in a manner that fcarce ever was known in that city; nor need I inform you, that the Candidates were the Right Honourable Charles James Fox, Lord Hood, and Sir Cecil Wray; the Huftings were held in the portico of the church of St. Paul's Covent Garden, there was a booth run up in front, and extended to the end of the church, that part next Henrietta-ftreet was in general occupied by Mr. Fox and his friends, the other part next King-street, by the other party; during the time of the Election, which lafted many days, an iminenfe croud of people affembled on the Huftings, I need not tell you that there was a great deal of clamour, and of noife, as there is at all Elections; at one end of the Huftings, crying out Fox for ever, no Wray, at the other end of the Huftings, crying out Hood and Wray for ever, no Fox; fome of the Gentlemen, friends to Mr. Fox, ufed the houfe known by the fign of the Unicorn, between Henrictta-ftreet, and the end of the Huftings; at that Houfe likewife from time to time affembled a great body of Irifh chairmen, Welch porters and others, armed with flicks and bludgeons, but efpecially towards the clofe of the Poll, they feveral times forced their way in among the croud, and endeavoured to prefs through that part of the croud, which faced the part where Mr. Fox itood, up towards King-street; on one day towards the clofe of the Poll, a body of them were incenfed, because fome perfons would not call out Fox for ever, and all at once as if in confequence of a fignal given, they drew their bludgeons, and flew inftantly on the people; proceedings of this kind induced the Duke of Northumberland to write to Mr. Manwaring, to take into confideration what fhould be done, for the purpose of preferving the peace, particularly at the clofe of the Poll; the magiftrates met, and I understand, one of them, Sir Sampfon Wright, in confequence of this wrote to Mr. Elliot, the High Conftable of the Tower Hamlets, and requested him to attend with the conftables of the divifion, on Monday morning the 10th of May, to go down to Guildhall, Westminster, and there receive his inftructions; he attended accordingly with his conftables, and among thefe conftables was the unfortunate Nicholas Caffon, who was killed on that day; Mr Elliot went to Guildhall, he did not receive any particular inftructions, and repaired to his men; the Poll did not finally close that day, nor did it within a week afterwards; about the close of the Poll, within the compafs of a few minutes, an Irish chairman, who is fuppofed to be one of the banditti, for I cannot help cailing him fo, was pufhing about, and very ill using a black man ; one of the peace officers obferved him, he interfered, there was a refiftance, and they got the black from this man, rescued him and put him into fafety; this I fuppofe laid the foundation for an attack by feveral of the men, and if I do not mistake, by the prifoners Murray and Shaw, upon the peace officers; the confequence of which was, after fome little ftruggling, Murray and Shaw, if I do not mistake, were taken up and carried to Patterson's rooms; while this was doing a larger body of men affembled with sticks and bludgeons, and the prifoner Nicholfon as I am inftructed to fay, and will be proved in evidence, with a large ftick or bludgeon, knocked Caffon down; this was followed by feveral violent blows, I am not clear whether Ward was there: Murray and Shaw had been upon the fpot and active, but whether they were taken from the fpot before or after, you must learn from the evidence; there has not been time

to

to prepare a regular brief, and what I am ftating now, is from the depofitions of fif teen or fixteen different people. The two men that were taken up had been upon the fpot; upon this the men forced their way-after they had knocked down, Caffon, they endeavoured to keep the conftables off; feveral of them purfued their blows, and ftruck the man feveral blows over the head, and other parts of the body, and to conclude the bufinefs, I believe one, if not more, got upon his body, trampled upon hia, and broke three of his ribs; there he lay on the ground fpeechlefs, and whilft he fo lay, he received feveral wounds; from that moment the man never spoke; a very violent attempt was made to furround the body, and keep off the conflables; their object was to remove the body, which they did with infinite difficulty into Wood's Hotel; the man died in the courfe of a few hours. The coroner's inqueft fat on the body the next day, and brought in their verdict wilful murder by fome perfon or perions unknown. In the attempt to carry off the body, feveral of them were knocked down, and treated, as I may ufe the expreffion, in a very cruel manner :-one of them, a Mr. Nafn, was purfued up King-ftreet, and up the fteps of Lowe's Hotel; then the men turned round towards King-freet, where they continued the riot.Gentlemen, thefe are the outlines of the cafe that I have to lay before you in evidence. Gentlemen, I fcarce need tell you, under the direction of the learned Judge, that if a body of men armed, drawn up in battle array, three or four in a rank, and a great number of them in depth; if they affemble to commit indifcriminate infult on his Majesty's fubjects, though they may not maim, fo as to occafion the death of any man, yet if death enfues, and their defign was illegal, the event will be murder, and they must be anfwerable for that offence. If I clearly prove that Patrick Nicholfon fck the first blow, it is of no confequence whether he ftruck the fatal blow or not; it will appear, Gentlemen, that Shaw was upon the fpot when Caffon was knocked down, and that he was one of the very active rioters; it will appear likewife, that Murray was there at the time under fimilar circumftances; but I am inclined to think that Ward was taken into cuftody either a few minutes before or after; but however that may be, Patrick Nicholfon ftruck the firft blow.. If Shaw and Murray were active upon the fpot, committing acts of violence, though they did not actually ftrike the man that died, but fruck other perfons, I fall fubmit they were equally culpable with Nicholfon. If it fhould appear that Ward was prefent and active at the time, he is equally guilty; but you will not pay any other attention to this ftate of the cafe than what is neceffary to induce you to attend particularly to the evidence, and to difcriminate between the c fe of every one of the prifoners; if you find them clearly and decidedly active, committing acts of violence, befides Nicholson who actually ftruck the ftroke, you will fay fo; but if the Judge and you fhould be of opinion, that they ought not to be found guilty of conftructive murder, then you will give that verdict. I only defire you will carefully attend to the evidence, exercife cool judgment on the fubject, barish every idea of the circumftances from your memory, exercise a found difcretion. on the occafion, and let a verdict be found on the cleareft evidence. Court. All the witneffes fhould be out of Court.

THOMAS DAVY fworn.
Examined by Mr. Sylvefter.

I am a porter; I live at Mr. Adam's, in Grafton-Itreet.

Was you at Covent Garden on Monday the 10th of May ?-Yes.

At what hour did you come there?About nine in the morning.

How long did you stay there?—I did not leave it till three.

Was there any particular difturbance happened about that time?I faw a greatdeal of difturbance in regard of rioting,

Tell us what you faw, and who the perfons were that began the riot.-The party were chairmen, and butchers with cleavers.

What

What did you fee the chairmen and butchers do?I faw the butchers begin with the marrow-bones, and then the cleavers, and they went marching on; and the chairmen followed the butchers, and were marching from Henrietta-itreet to King-street; they croffed the Huftings.

That is, from Mr. Fox's fide to Lord Hood's and Sir Cecil Wray's fide?—Yes. What did you fee these men do particularly?—The conftables came, part of them were in Henrietta-ftreet and part in King-ftreet; the butchers I thought were going right through, to go homewards; but in the room of that, they let the Irish chairmen in till fuch time they got right facing the conftables: Mr. Loton, the high conftable, I faw him go down from Wood's Hotel, but I did not hear what he faid; he walked as if he was going to Henrietta-street: The Irish chairinen began to play with their faves, many of them I know well, and they faced the conftables. One of the chairmen called out to his companions, Go it, my boys, go it; then the chairmen began playing with their bludgeons. I did not fee the butchers ftrike any perfon; the chairmen began cutting and knocking down every person they met.

About what hour of the day was this?As near as poffible I can guess, it was just about three, or it might be ten minutes paft, but it was after the poll-books were hut, which thut in general at three; to fay that I obferved particularly the time I did not; it might be half an hour, it might be three quarters.

What elfe did you fee them do?- I faw feveral people that were very much injured by blows brought away.

Did you fee any one in particular?I cannot fay I faw any one in particular; I faw the deceafed man lay, but I did not fee him till after he was brought into Mr. Wood's Hotel; I never faw any perfon ftrike him.

Look at thefe men.-I do not know any of them.

Cross-examined by Mr. Erskine.

You was a pretty regular attendant upon the poll I believe, Mr. Davy; you are out of place I believe now the Election is over?I have been out of place ever since Christmas.

You was not employed there then?No, Sir, I was not.

You gave a great deal of your time there?-I did, Sir, it was my pleasure; I was not there every day, I miffed one day, and I would have been there if I could.

You are the man that ftood before St. Clement's parifh?Always.

And was always very abufive there?-Sir, I do not know I abufed any perfon. Did you never call to a Gentleman by name to come out of the Huftings?—No, Sir, I called to a great many Gentlemen.

Do you know Counsellor Baldwin?—Yes, I never infulted him.

Have not you called to Mr. Loton, You Loton, come out ?—No, never.

Do you mean to fwear that you never called out to this Gentleman that fits by me in a moft infulting manner?-No, Sir, never in my life; there is the Gentlemen

now.

Now, Sir, attend; do you mean to fwear, Sir, before the Court and the Jury, that you never in the courfe of the poll called out to this Gentleman ?- No, Sir, I can. fafely fwear that; I do fwear it.

Are not you the man without the tooth ?You need not mind my tooth, you have loft one as well as I.

Did you not call out to Mr. Crowder and Mr. Loton, time after time, to come out to you? never called to thefe Gentlemen to come out to me particularly, no otherwife than when they were examining a vote, I have many times faid, if you cannot examine them, let them come down to me, and I will examine them.