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1 stooped down and faid " Good God here is a man knocked down.” Mr. Loton, the High Constable was near me, and he faid we will give him some affıstance, and immediately there was a disturbance between many people with iticks in their hands, opposite to the Hustings, near Henrietta-street, upon which I went between them I inean that end next to licnrietta-street, I spoke to them, and they were peaceable and quiet for some little tiine; at that time I think I was spoke to by Mr. Sheridan, and desired to withdraw the Constables; I believe it was him, my answer was, to the best of my knowledge, - thele conftables do not belong to me, I have no power over them.”
What was doing about Cailon at that time?-1 was not near hiin at that time, Mr. Loton was near hiin I believe, Mr. Loton or somebody elle faid, we could not go away and leave the man in that situation.
How far was the pump from the Unicorn ?--It may be twenty yards; then fome gentlemen laid, we will take care of the man; upon which being satisfied upon hearing that reply made to Mr. Loton, I withdrew towards King-street, I believe Mr. Loton went with me; upon which the marrow-bones and cleavers came, I followed them, I spoke to them, and desired them to go on peaceably and quiet, I first said, I withed them to turn back again, they made me some reply, but what I was not able to understand, from the noise of the marrow-bones and cleavers, but I do not believe it was any impertinent answer; and they pafled by that end of the Garden that leads to King-street; prefently many men came on after them with sticks, and I walked on very unconcerned, I took no notice at all, they did not appear to me for breaking the peace, as I thought; when I had gone a few yards further, I received a most violent blow from dome perion, I cannot tell who, on the back part ot
head. Mr. Baron Perryn. When Cafion was upon his back, did he appear insensible the first time that you saw him ?--He did to me, my Lord.
Cross examined by Mr. Pigott. I shall give you very little trouble, because I believe the testimony you have given, is perfectly consistent with what passed at the time.
Court. He has given a fair evidence.
Mr. Pigott. You say every thing was perfectly quiet, till there was a little dispute between a black man and a white man ?-Yes.
I would ask you, whether the interference of the Gentlemen, on the side that was called Mr. Fox's side, appeared to you to contribute to keeping the peace at that time, or otherwise? I should imagine so at that time :-what happened after I cannot tell.
After the little difference between the black and the other man was perfectedly quiete), and you saw the subsequent transaction, were any of the constables at the Henrietta fide of the Huftings - Yes.
What conftables were they - I believe they belonged to the Tower Hamlets,
They were not of your division ?-Mine were most of them gone home, I had only three or four.
They were not the Westminster constables ?-I believe there was some Westminster constables amongst them, but I believe the major part was from that end of the
They were not the constables that were originally attending the Hustiugs for the purpose of preserving the peace and order?-No.
Do you happen to know whether they were conftables at all or no ?-No further than I was informed by Mr. Elliot.
If there had been any appearance of a riot, or disturbance, would your constables have gone away?-I do not believe they would, if they had seen it.
How long had these men been constables ?-I understood four or five days.
I alk you from your observation of the general conduct of those conftables that came from the Tower Hamlets, whether they contributed to preserve the peace that day?I should imagine so.
For the purpofe I have no doubt; but, I only want to ask you, whether the bringing them did in your opinion contribute to the preservation of the peace that day?-I cannot take upon myself to say that, I was not at that end of the Huitings at that time.
Under what magiftrates did they act ?- The High Constable will inform you that.
But I should like to have it from you, if you know, because every thing you say will be attended to ?-I was informed it was from Sir Sampson Wright.
Mi. Morgan. That will not do.
Where were thele people lodged, these Tower conftables as they are called ?-I do
know the number of them ?-I do not. Had Mr. Justice Wilmot usually attended the Poll every day?-I do not recollect he had.
JA MES LOTON sworn.
Examined by Mr. Sylvester. I am High Constable of Westminster.-On the roth of May, soon after the close of the Poll, I was standing within a part of the rail, at the front of the Huftings, and the voters were coming up with Mr. Wild and fome other peace officers, and there was fome little affray. I defired Mr. Wild to tell the officers to stick clole to one another. Mr. Wild, first of all, was the man that spoke to the persons that were making a scuffle, and he immediately defired the men to go down to the south part of the Huftings. I followed him very close, and when we had got to the fouth end near the pump, I heard Mr. Wild say, good God, here is a inan knocked down! I stooped forward, and I saw the decealed Cafion laying upon his back very near the pump, with his head towards the pump, and his feet towards the coach-way, and on the foot pavement there was a great number of people standing armed with large sticks, and there was some person from among them faid, here is
here is a constable that is knocked down, and none of your conftables dare come to his aflítance.-CharlesCarey, a peace officer, went immediately to endeavour to lift him up, assisted by some others, immediately the people who were with sticks began to make a hallowing, and the sticks were all thrown upright :-Mr. Wild and myself immediately went forward, and desired them to be peaceable and keep good order;-almost immediately, Mr. Sheridan and Mr. O'Brien came forward, and spoke to Mr. Wild; and another Gentleman came and spoke to me, and desired I would withdraw with the officers; I told the Gentleman I could not take away the peace officers, or go away myself, till the perlon that was knocked down was taken proper care of, and I said the lame to Mr. Wild: the same Gi ntleinan who had spoke to me before came again to me, ud told me the person should be taken care of; that no further hurt should be done to him; I told him he behaved so much like a Gentleman that I could not refuse him; I did not know who he was, but I have since been informed that his naine was 3 D 2
O‘Kelly, and he told me upon his word and honour he would take care of the
Did you see the prisoner or any of them do any thing at that timu -NO I did not.
It was after this the riot began There was a great sculing, but there was no blows ftruck; we formed a line for the marrow-bones and cleavers to go along, and a whittle was then given; I saw the right-hand prisoner Ward with a marrow-bone and cleaver in his hand. Mr. Erskine. This was afterwards.
Cross-examined by Mr. Fielding. How many constables had you that day About fixty.
These men were under your eye as well as your direction; you told them to keep clofe together? Yes.
The men from the Tower Hamlets were among the other constables ?..I knew they were ordered there; I did not know where they came from; I do not know their refidence.
Do not you know that they were lodged in Wood's Hotel, and that that was the common rendezvous ? No, Sir, they were not to my knowleige, my conftables in general were ordered to Patterson's Room for the purpose of having their names called: Patterson's Room was a house of Sir Cecil Wray's?
-Yes, I did not see what passed between the black and white man; I only knew that there was some fcume.
On what part of the Huftings did the icufhe first begin ?--About the third part of the north end of the Huftings, rather more to Hood and Wray's, than to Mr. Fox's, that is quite at the lower part of the Huftings, where he lay was nearer to the Unicorn than to Wood's Hotel.
It did no occur to you that it would be more convenient to take the man into the Unicorn, than into Wood's Hote! ---I should not have chose to have taken him. into the Unicorn for this reason; I saw a number of people there with large sticks, I had several blows before by these people, and I thould not have chole to have carried him through them; I never saw any thing of him after the entleinan that promifed me he should be taken care of, quitted me; I never saw him after I quitted him, till the whole affray was over, I then law him laying in the yard.
HENRY HARVEY fworn.
Examined by Mr. MTorgan.
Mr. Morgan. Go to the prisoners-look at them.
Mr. Garrow. My Lord, it is now my turn to cros-exainine this witness, and I ask your Lordthip, whether it is ever permitted in a criminal court of justice, to tell a man, or to hint to a man, what he has sworn elsewhere; and, I truit, my Lord, I fhall not be told now, as I was a short time since, that I am too young to do my duty
Mr. Morgan. Do you recollect the persons of either of the others i-To the best of my knowledge I do not.
to my client.
Did you see any thing done to Casson ?-I was there attending my duty, with many other peace officers, I was near to the deceased when the riot first began, I was close to the end of the Huftings, where Lord Hood's division was; there was some iquabble, and a inan came out with a white wand, who, I'luppose, was under the direction of the High Bailiff, and ordered us to go into the Hultings on that side; after the books were shut up, I went into the church, and the riot began at the end of the Huftings where Mr. Fox's party were; I went down to allist Mr. George Elliot, the High Constable on the Henrietta fide.
For what purpose was you ordered to go?-I imagined to keep the peace, in case any . thing happened.
Did you fee any thing done ?-When I came there, there was a number of chairmen and Irishmen, with sticks and bludgeons lifted up, amounting to fifty or sixty.
Was Caffon then knocked down-No, that riot pas quelled, and I put my staff in. my pocket, and I went through the Irish mob, and came round the back of the church; I returned into the front of the Hustings, and I acquainted Mr. Elliot the High Conflable, and Justice Wilmot, that there were a number of people with sticks and bludgeons at a house opened for the purpose of Mr. Fox; Mr. Elliot and Justice Wilmot were then at Lord Hood's corner of the Huflings; Mr. Milinot inade answer, 1 ou foolishi blockhead, we are able to beat of five thousand of them; with that I ftood close to the High Constable and the Justice, and many more of my brother officers, expecting thele butchers with their inarrow-bones and cleavers to go along.
Did you fee Cailon ftruck ?-I saw the blows given by many of the men, but who gave the blows I cannot say; these blows were given to many of the people, and myTelf.
Did you see any body strike Casson ?-I did not.
know whether Caffon' had or had not been knocked down? Court. Long before the marching of the marrow-bones and cleavers Callon was killed.
Jury. Was Caffon alive when you saw Ward there : -I saw the tall man, there might be about a dozen or fourteen with sticks upright, and the dead inan was as far off as chat gentleman.
Jury. I wanted to know if Casson was alive at the time of that second riot ?-I saw hiin alive at the first beginning of the second riot.
Was Casfon before that second riot knocked down or not?-Not to my knowledge. Mr. Morgan. I beg to have that question repeated ?-I saw Ward before.
Had Ward a stick in his hand ?-I cannot say, there were a great many of them, and they had sticks.
Cross-examined by Mr. Garrow.
Have you been a gardener lately?-_Yes, I follow it every day.
How did it happen to become your duty, who were a constable at Limehouse, to attend to preserve the peace at the Westminster Election :-Here are my instructions.
The instructions read, directed :
“ To the constables and headboroughs of Limehouse, and every of them, requiring
thein, in his Majesty's name, to meet the High Constable with their long flaves the e next day, and signed
“ George Elliot, High Constable.
Did you attend fo?
-Yes. Does your long staff go into your pocket ? --It is a two foot staff, I put it into my coat pocket for my conveniency.
You talk of something happening near Mr. Fox's house, that was the Unicorn, was it ?-I never saw the sign.
What countryman do you happen to be ?-I am what you may call an Old Englishman. How did
you know that was an Irish mob -The Irish are a set of people that are very frequently in those cases. So
take every man that is in a riot to be an Irishman?-Sir, I do not fay every mob is composed of Irishmen, I believe there were more Irishmen than Englishmen.
So you caine round the back of the church you fay?-I walked all round the church, I went through a passage that comes into King-street, and I told my brother officers and the Justice, that there was a number of people with sticks at Mr. Fox's house; I had been inside the Huftings, and was ordered out when the High Bailiff went off, and Mr. Fox went out.
How long was you in marching round through Henrietta-street, King-street, and the Huftings, before you told your brother officers what was likely to happen :- About seven or eight minutes.
Your companion, Mr. Wilmot, however told you, you foolish blockhead, we are able to beat five thousand ?-Mr. Wilmot was not my companion, I looked upon these gentlemen as appointed by the laws of this country to keep the peace there.
Was these five thousand to be beat by your gang armed with tattoos and bludgeons : -It was not iny gang.
I beg your pardon if I have offended you or Mr. Wilmot; but by whom were the five thousand to be beat, was it not by the men from the Tower Hamlets, that Mr. Wilmot was supposed to beat the five thousand ?—I do not know what you mean by tattoos.
Was it not by these Tower Hamlet fellows ?-I look upon the officers belonging to the Tower Hamlet as capabl as any others.
Was it not by the men that came from the Tower Hamlets ?-I cannot say any such thing, how do I know any thing of the principles of other people?
Had not the regular Westminster peace officers quitted the garden ?-I do not know them, there were a hundred with long ftaves.
Were they Westminster conftables ?-I cannot say.
How many came with you from the Tower Hamlets ?-Only four out of my parish, I do not know how many.
Where was you mustered when you went to Covent Garden ?-At a place they call: an Auction Room.
It is not called Patterson's Room? I cannot tell, it was in King-street.
How many of you were assembled at this muster room on the morning of the 10th ? I cannot tell.
Were there fo few as fixty :-) cannot tell.
'Were there fo few as one hundred of you mustered there ? I suppose the room would not liold one hundred.
Were there assembled in that morning so few as two hundred ?-- I cannot tell.
Were there fo few as three hundred upon your oath.:-I have been a peace officer feven years hf Easter Tuefday; I am.conductor of all the offices in the parish.
What office do you hold immediately under Mr. Wilmot -None at all, I never received a farihing of his money in my life; I was sent for by a Gentleman, who is the High Constable's son, Mr. Elliot,