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of the transaction, for the mere purpose of guiding your attention to the essential part of the evidence, when that evidence shall be produced to you, and for no other purpose; therefore, I thall not consider it as incumbent on me, when I have stated the facts to you, to press you with obfervations on that evidence; the learned Judge will sum up the whole with that precision and impartiality which becomes high auhority, lit. ting in a feat of judgment, and I trust in this matter, no party spirit whatever will interfere in the administration of public justice. Gentlemen, I need not fate to you, that the late Llection for Westminster was carried on, contested, and prolonged, in a manner that scarce 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 Hultings 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-street was in general occupied by Mr. Fox and his friends, the other part next King-itreet, by the other party; during the time of the Election, which lasted many days, an iminense croud of people assembled on the Huftings, I need not tell you that there was a great deal of clamour, and of noise, 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; some of the Gentlemen, friends to Mr. Fox, used the house known by the fign of the Unicorn, between Henrictta-street, and the end of the Huftings; at that House likewise from time to time afsembled a great body of Trith chairmen, Welch porters and others, armed with sticks and bludgeons, but especially towards the close of the Poll, they several times forced their way in among the croud, and endeavoured to press through that part of the croud, which faced the part where Mr. Fox tood, up towards King-ítreet; on one day towards the close of the Poll, a body of them were incenfed, because some persons would not call out Fox for ever, and all at cnce as if in confequence of a fignal given, they drew their bludgeons, and flew instantly on the people; proceedings of this kind induced the Duke of Northumberland to write to Mr. Minwaring, to take into consideration what should be done, for the purpose of preserving the peace, particularly at the clofe of the Poll; the magistrates met, and I understand, one of them, Sir Sampson Wright, in consequence of this wrote to Mr. Elliot, the High Constable of the Tower Hamlets, and requeited him to attend with the conftables of the division, on Monday morning the roth of May, to go down to Guildhall, Westminster, and there receive his instructions; he attended accordingly with his constables, and among these conftables was the unfortunate Nicholas Caffon, who was killed on that day; Mr Elliot went to Guildhall, he did not receive any particular instructions, 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 compaís of a few mi. nutes, an Irish chairman, who is supposed to be one of the banditti, for I cannot help cailing him fo, was pushing about, and very ill using a black man ; one of the peace officers observed him, he interfered, there was a refiltance, and they got the black from this man, rescued him and put him into safety; this I suppose laid the foundation for an attack by several of the men, and if I do not mistake, by the prisoners Murray and Shaw, upon the peace officers; the consequence of which was, after some little struggling, Murray and Shaw, if I do not mistake, were taken up and carried to Patterfon's rooms; while this was doing a larger body of men assembled with sticks and bludgeons, and the prisoner Nicholson as I am instructed to lay, and will be proved in evidence, with a large stick or bludgeon, knocked Caffon down; this was followed by several violent blows, I am not clear whether Ward was there : Murray and Shaw had been upon the spot and active, but whether they were taken from the spot before or after, you must learn from the evidence; there has not been time
to prepare a regular brief, and what I am ftating now, is from the depositions of fifteen or fixteen different people. The two men that were taken up had been upon the spot; upon this the men forced their way :after they had knocked down, Caffon, they endeavoured to keep the conftables off; several of them pursued their blows, and Itruck the man several blows over the head, and other parts of the body, and to conclude the butiness, I believe one, if not more, got upon his body, trampled upon Plitw, and broke three of his ribs; there he lay on the ground fpeechless, and whilft he íc láy, be received feveral wounds; froin that moment the main never fpoke; a very violent attempt was made to furround the body, and keep off the conftables ; their objeee was to remove the body, which they did with infinite difficulty into Wood's Hotel; the man died in the course of a few hours. The coroner's inquest fat on the body the next day, and brougit in their verdiet wilful inurder by some person or per: lens unknovn. In the atteinpt to carry off the body, several of them were knocked down, and treated, as I may use the expression, in a very cruel manner :-one of thein, a Mir. Nafi, was pursued up King-street, and up the steps of Lowe's Hotel; then the men turned round towards King-ftreet, where they continued the riot.Gentlemen, these are the outlines of the case that I have to lay before you in evidence. Gentlemen, I scarce 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 assemble to commit ir,discriminate insult on his Majesty's subjects, though they may not maim, so as to occasion the death of any inan, yet if death ensues, and their design was illegal, the event will be murder, and they must be answerable for that offence. If I clearly prove that Patrick Nicholson stick the first blow, it is of no consequence whether he struck the fatal blow or not; it will appear, Gentlemen, that Shaw was upon the spot when Carson was knocked down, and that he was one of the very active rioters; it will appear likewise, that Murray was there at the time under similar circumstances; but I am inclined to think that Ward was taken into custody either a few minutes before or after ; but however that may be, Patrick Nicholson struck the first blow.. If Shaw and Murray were active upon the spot, committing acts of violence, though they did not actually strike the man that died, but struck other persons, I llall submit they were equally culpable with Nicholfon. If it thould appear that Ward was present and active at the time, he is equally guilty; but you will not pay any other attention to this state of the cafe than what is necessary to induce you to attend particularly to the evidence, and to discriminate Tetween the c fe of every one of the prifoners; if you find them clearly and decidedly aclive, committing acts of violence, besides Nicholson who actually struck the stroke, you will say so; but if the Judge and you fhould be of opinion, that they ought not to be found guilty of constructive murder, then you will give that verdict.' I only deírre you will carefully attend to the evidence, exercise cool judgınent on the subject, brish every idea of the circumstances from your memory, exercise a sound discretion. on the occasion, and let a verdia be found on the clearest evidence.. Court. All the witnesses should be out of Court.
THOMAS DAVY fworn.
Examined by Ma Sylvefler.
Was there any particular disturbance happened about that time I saw a great: deal of disturbance in regard of rioting,
Tell us what you saw, and who the persons were that began the riot.-The party were chairmen, and butchers with cleavers.
What did you see the chairmen and butchers do? I saw 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-ftreet; they crofled the Hustings.
'Í'hat is, from Mr. Fox's side to Lord Hood's and Sir Cecil Wray's side ? -Yes.
-The constables came, part of them were in Henrietta-street and part in King-street; 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 saw him go down from Wood's Hotel, but I did not hear what he said; he walked as if he was going to Henrietta-street: The Irish chairinen began to play with their staves, many of them I know well, and they faced the constables. 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 see the butchers strike any perion; the chairmen began cutting and knocking down every person they met. About what hour of the day was this:
-As near as possible I can guess, it was just about three, or it might be ten minutes past, but it was after the poll-books were Thut, which thut in general at three; to fay that I observed particularly the time I did not; it might be half an hour, it might be three quarters.
What elte did you see them do ?-l law several people that were very much injured by blows brought away.
Did you see any one in particular? I cannot fay I saw any one in particular ; I
Cross-examined by Mr. Erskine.
-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 missed one day, and I would have been there if I could.
You are the man that stood before St. Clement's parish -Always.
Did you never call to a Gentleman by name to come out of the Hultings ? No, Sir, I called to a great many Gentlemen. Do you know Counsellor Baldwin?
-Yes, I never insulted him,
Do you mean to swear that you never called out to this Gentleman that fits by me in a moft insulting manner-No, Sir, never in my life; there is the Gentlemen
Now, Sir, attend; do you mean to swear, Sir, before the Court and the Jury, that you never in the course of the poll called out to this Gentleman ?lo, Sir, I can. safely swear that; I do swear it.
Are not you the man without the tooth? You need not mind my tooth, you have lost one as well as I.
Did you not call out to Mr. Crowder and Mr. Loton, time after time, to come out to you? I never called to these Gentlemen to come out to me particularly, 1:0 otherwise than when they were examining a vote, I have inany times faid, if you canznot examine them, let them come down to me, and I will examine then.
Have you not in the whole course of the day?- I have called out Hood and Wray for ever, many times.
You never received any money for this ? No, Sir, never.
Is that the suit of cloaths you had at first:--I have got another suit of cloaths, I got them by hard labour, I have cloaths to put on at any time; I have lived in the parish of St. Ann's eight or nine years. When Mr. Fox came on the Hustings, did not you throw dirt ?
mI never threw dirt; I never threw any one thing in my life, nor was ever seen doing so; if any man can fay fo, let him.
You have sworn that you never did abuse and insult cither this Gentleman, Mr. Loton, or this Gentleman, Mr. Crowder.No otherwise than in talking just as I inay to you.
Did you never call to them to come out to you ?-No, Sir, I never did; when I have seen people shaking and trembling as they came up, I have said, it is a false vote, fend them down to me, and I will examine them. You never said, come out to me Loton ?-No, never in my
life. You do not know at what time this man was killed ?-I do not; I saw him lay before he came to Wood's Hotel, he was brought by people, I do not know the time he was killed, I saw him lay.
Was you in Covent Garden, near the Hustings, about the time he was killed ?-I do not know, I did not see the man killed, nor did I see any man killed.
When did you first know that there was any man killed ?- That might be about four o'clock or after; it was near four.
Do you know whether he was killed before or after what you have been describing ? I do not know.
Then all this, for any thing you know, might have happened long after this man lost his life?-1 cannot say any thing of that. What was you doing at Wood's Hotel ?
—No harm, I could go there when I pleased.
Was you not employed by that party ? —No Sir, I did not eat nor drink, only what I paid for.
Had you never money given you during the time of the Election, or victuals by fome of the Committee, or by some person concerned for Lord Hood or Sir Cecil Wray I have eat and drank, but never at any person's coft of the Committee; I never eat or drank at any one's cost but my own, at Wood's Hotel.
Did you ever pay any money at Wood's Hotel ?-For whatever I pleased to call for, I have many a time gone into the room as other people did, and never have either eat or drank; I have had a glass of rum at Wood's Hotel, and paid for it to Mr. Wood himself. What meat had
you there?-I cannot say: Have you not eat repeatedly every day of your life ? —No Sir.
How often will you swear to, three times - It is impossible for me to tell where I have eat and drank. Will you
did not eat ten times ?-Yes, I can. Will you swear, that you did not eat five times —Yes, I can.
You paid for all this meat?-1 did not, if I went in to get a glass of any thing, there was victuals always ready, and I have taken a relish.
Now what can the Jury think of you : attend Sir, we are not all deaf?—I do not know whose cost it was, if a man goes to get a glass of any thing, and gets a mouthful, I do not call that a thing to be paid for.
You said you paid the money to Wood himself?-Yes, I eat and drank what I pleased, I go and eat frequently when I like, if I call for a glass of wine, I can have a mouthful of any thing.
Let us look at your left hand. (A finger wanting.)
Mr. Erskine. That is not the worit part about you, by a great deal; then you do not know but Casson had been killed before these people had come up ?-No, it was before Caflon lost his life.
Then you swear, that the butchers followed the chairmen, before Casson lost his life?-Yes, Sir, but they went back again.
You told me three or four minutes ago, that you knew nothing about Caffon's having lost his life, till you went to Wood's Hotel at four o'clock ?-1 tell you now the same.
Then how do you know that he was not killed till after these men went across ?-1 law the poor man brought in, I cannot tell exactly the time.
One question more, you told me a moment ago, when I asked you whether all that you had been describing, happened before or after the death of Calton, not know, now you take upon yourself positively to swear, that all this happened before? I mean to stick to the best of
knowledge. Which will
you stick to ?-I cannot say, whether the man when he was brought into Wood's Hotel was dead or not.
Where do yoa live?-In Church-street, at Mr. Gregory's, at the Coach and Horfes.
I am High Constable for Holborn division, I live at No. 21, Chancery-lane.
Give the Court an account of the earliest part of the business that you saw ?-I will, Sir, to the best of my knowledge, I think it was about twenty minutes or half an hour past three, there was a dispute between a black servant and another man, the one hallooing out Fox! and the other said, Vo Fox!
Which called out Fox?It was the white man.
What sort of a man was the white man?He appeared to be a working man, he had a frock on, and I remember very well he had a large handkerchiet about his neck, upon which I spoke to him, I was withinside of the rail, and defired them to be peaceable and quiet, and to separate and not to have words, upon which the black man came up towards King-street, the other rather followed him, and two or three more hustled him against the black man, I spoke to the white man, and the man did not seem to return back; and I spoke to a peace officer, to go between them, and feparate them, for the black man to go away, if he was going, and to turn the other inan the other way to prevent any disturbance; the man with the handkerchief. was rather obftinate (the white man) and I went to him myself, and put my hand against the white man's shoulders, and desired him to go the other way, I walked with him down to the bottom of the Huftings, and when I came there he got up on the flat stones adjoining to the pump, and there he was peaceable and quiet ; upon which I turned my head, and there I lw a man laying on his back by the pump, my face was facing Henrietta-ftreet end ; I afterwards found that man to be Caffon.
In what candition was the man when you saw him ?--He was laying on his back, and appeared to have had a blow from fome person, who I cannot tell, under the left ear, 3 D