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Have you not in the whole courfe of the day I have called out Hood and Wray for ever, many times.

You never received any money for this?No, Sir, never.

You are a very generous man indeed; you was out of place then ?—Yes, Sir.

Is that the fuit of cloaths you had at first I have got another fuit of cloaths, I got them by hard labour, I have cloaths to put on at any time; I have lived in the parifh of St. Ann's eight or nine years.

When Mr. Fox came on the Iuftings, did not you throw dirt?I never threw dirt; I never threw any one thing in my life, nor was ever feen doing so; if any man can fay fo, let him.

You have fworn that you never did abufe and infult cither this Gentleman, Mr. Loton, or this Gentleman, Mr. Crowder.No otherwife than in talking juft as I may to you.

Úid you never call to them to come out to you?-No, Sir, I never did; when I have feen people fhaking and trembling as they came up, I have faid, it is a falfe vote, fend them down to me, and I will examine them.

You never faid, 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 faw him lay before he came to Wood's Hotel, he was brought by people, I do not know the time he was killed, I faw him lay.

Was you in Covent Garden, near the Huftings, about the time he was killed?—I do not know, I did not fee the man killed, nor did I fee any man killed.

When did you firft 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 defcribing? -I do not know.

Then all this, for any thing you know, might have happened long after this man loft his life?I cannot fay any thing of that.

What was you doing at Wood's Hotel?No harm, I could go there when E pleafed.

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 fome perfon concerned for Lord Hood or Sir Cecil Wray ?— I have eat and drank, but never at any perfon's coft of the Committee; I never eat or drank at any one's coft but my own, at Wood's Hotel.

Did you ever pay any money at Wood's Hotel ?-For whatever I pleafed 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 himfelf.

What meat had you there?-I cannot fay.

Have you not eat repeatedly every day of your life?—No Sir.

How often will you fwear to, three times?—It is impoffible for me to tell where I have eat and drank.

Will you fwear, you did not eat ten times?--Yes, I can.

Will you fwear, that you did not eat five times? Yes, I can.

You paid for all this meat?-I did not, if I went in to get a glafs 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 whofe coit it was, if a man goes to get a glafs of any thing, and gets a mouthful, I do not call that a thing to be paid for.

You

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You faid you paid the money to Wood himself? Yes, I eat and drank what I pleased, go and eat frequently when I like, if I call for a glafs of wine, I can have a mouthful of any thing.

Let us look at your left hand. (A finger wanting.)

Mr. Erfkine. That is not the worst part about you, by a great deal; then you do not know but Caffon had been killed before these people had come up?-No, it was before Caffon loft his life.

Then you fwear, that the butchers followed the chairmen, before Caffon loft 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 loft his life, till you went to Wood's Hotel at four o'clock ?-1 tell you now the fame. Then how do you know that he was not killed till after these men went acrofs?—I faw 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 defcribing, happened before or after the death of Caffon, you faid you did not know, now you take upon yourfelf pofitively to fwear, that all this happened before? I mean to stick to the best of my knowledge.

Which will you flick to ?—I cannot fay, whether the man when he was brought into Wood's Hotel was dead or not.

Where do you live?-In Church-street, at Mr. Gregory's, at the Coach and Horfes..

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I am High Constable for Holborn divifion, I live at No. 21, Chancery-lane.
Was you prefent on the 10th of May, before the Huftings?—I was.

Give the Court an account of the earlieft part of the business that you faw?—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 difpute between a black fervant and another man, the one hallooing out Fox! and the other faid, No Fox!

Which called out Fox?-It was the white man.

What fort 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 handkerchief about his neck, upon which I fpoke to him, I was withinfide of the rail, and defired them to be peaceable and quiet, and to feparate and not to have words, upon which the black man came up towards King-ftreet, the other rather followed him, and two or three more huftied him against the black man, I spoke to the white man, and the man did not feem to return back; and I fpoke 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 man the other way to prevent any disturbance; the man with the handkerchief. was rather obftinate (the white man) and I went to him myfelf, and put my hand against the white man's fhoulders, and defired 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 ftones adjoining to the pump, and there he was peaceable and quiet; upon which I turned my head, and there I faw 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 condition was the man when you faw him?-He was laying on his back, and appeared to have had a blow from fome perfon, who I cannot tell, under the left ear, 3 D I ftooped

1 ftooped down and faid "Good God here is a man knocked down." Mr. Loton, the High Conftable was near me, and he faid we will give him fome affistance, and immediately there was a disturbance between many people with fticks in their hands, oppofite to the Huftings, near Henrietta-ftreet, upon which I went between them I imean that end next to Henrietta-ftreet, 1 fpoke to them, and they were peaceable and quiet for fome little time; at that time I think I was fpoke to by Mr. Sheridan, and defired to withdraw the Conftables; I believe it was him, my anfwer was, to the best of my knowledge," thefe conftables do not belong to me, I have no power over them."

What was doing about Caffon at that time?-I was not near him at that time, Mr. Loton was near him I believe, Mr. Loton or fomebody elfe faid, we could not go away and leave the man in that fituation.

How far was the pump from the Unicorn-It may be twenty yards; then fome gentlemen faid, we will take care of the man; upon which being fatisfied pon hearing that reply made to Mr. Loton, I withdrew towards King-ftreet, I believe Mr. Loton went with me; upon which the marrow-bones and cleavers came, I followed them, I spoke to them, and defired them to go on peaceably and quiet, I firft faid, I wifhed them to turn back again, they made me fome reply, but what I was not able to understand, from the noife of the marrow-bones and cleavers, but I do not believe it was any impertinent anfwer; and they paffed by that end of the Garden that leads to King-ftreet; prefently many men came on after them with flicks, 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 moft violent blow from fome perfon, I cannot tell who, on the back part of my head.

Mr. Baron Perryn. When Caffon was upon his back, did he appear infenfible the first time that you faw him?—He did to me, my Lord.

Crofs examined by Mr. Pigott.

I fhall give you very little trouble, because I believe the teftimony you have given, is perfectly confiftent with what paffed at the time.

Court. He has given a fair evidence.

Mr. Pigott. You fay every thing was perfectly quiet, till there was a little difpute between a black man and a white man?-Yes.

I would ask you, whether the interference of the Gentlemen, on the fide that was called Mr. Fox's fide, appeared to you to contribute to keeping the peace at that time, or otherwife?I fhould imagine fo at that time-what happened after I cannot tell.

After the little difference between the black and the other man was perfectedly quieted, and you faw the fubfequent tranfaction, were any of the conftables 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 divifion ?-Mine were most of them gone home, I had only

three or four.

They were not the Westminster conftables?—I believe there was fome Westminster conftables amongst them, but I believe the major part was from that end of the

town.

They were not the conftables that were originally attending the Huftiugs for the purpofe of preferving 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 difturbance, would your conftables have gone away?-I do not believe they would, if they had feen it.

How long had these men been conftables?—I understood four or five days.

I afk you from your obfervation of the general conduct of thofe conftables that came from the Tower Hamlets, whether they contributed to preferve the peace that day ?I fhould imagine fo.

For the purpose I have no doubt; but, I only want to afk you, whether the bringing them did in your opinion contribute to the prefervation of the peace that day?-I cannot take upon myself to fay that, I was not at that end of the Huftings at that time.

Under what magiftrates did they act?-The High Conftable will inform you

that.

But I should like to have it from you, if you know, because every thing you fay will be attended to ?—I was informed it was from Sir Sampfon Wright.

Mr. Morgan. That will not do.

Mr. Pigott. Did you fee Mr. Juftice Wilmot that day?—Yes, Sir.

Upon the Huftings I will not take upon me to say that.

Where were thefe people lodged, thefe Tower conftables as they are called?-I do not know.

Do you know the number of them ?—I do not.

Had Mr. Juftice Wilmot ufually attended the Poll every day?-I do not recollect

he had.

JAMES LOTON fworn.

Examined by Mr. Sylvefter.

I am High Conftable of Westminster.-On the 10th of May, foon after the clofe of the Poll, I was ftanding 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 ftick close to one another. Mr. Wild, firft of all, was the man that fpoke to the perfons that were making a fcuffle, and he immediately defired the men to go down to the fouth part of the Huftings. I followed him very clofe, and when we had got to the fouth end near the pump, I heard Mr. Wild fay, good God, here is a man knocked down! I ftooped forward, and I faw the deceafed Caffon 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 ftanding armed with large fticks, and there was fome perfon from among them faid, here is a conftable that is knocked down, and none of your conftables dare come to his affistance.-CharlesCarey, a peace officer, went immediately to endeavour to lift him up, affifted by fome others, immediately the people who were with fticks began to make a hallowing, and the fticks were all thrown upright :-Mr. Wild and myfelf immediately went forward, and defired them to be peaceable and keep good order;—almost immediately, Mr. Sheridan and Mr. O'Brien came forward, and fpoke to Mr. Wild; and another Gentleman came and spoke to me, and defired I would withdraw with the officers; I told the Gentleman I could not take away the peace officers, or go away myfelf, till the person that was knocked down was taken proper care of, and I faid the fame to Mr. Wild: the fame Gentleman who had spoke to me before came again to me, and told me the perfon fhould be taken care of; that no further hurt fhould be done to him;-I told him he behaved fo much like a Gentleman that I could not refufe him; I did not know who he was, but I have fince been informed that his name was 3 D 2 O'Kelly,

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O'Kelly, and he told me upon his word and honour he would take care of the

man.

Did you fee the prifoner or any of them do any thing at that time?—No I did not.

It was after this the riot began ?There was a great fcuffling, but there was no blows ftruck; we formed a line for the marrow-bones and cleavers to go along, and a while was then given; I faw the right-hand prifoner Ward with a marrow-bone and cleaver in his hand.

Mr. Erskine. This was afterwards.

Cross-examined by Mr. Fielding.

How many conftables 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 conftables 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 knowledge, my conftables in general were ordered to Patterfon's Room for the purpose of having their names called·

over.

Patterson's Room was a houfe of Sir Cecil Wray's?—Yes, I did not fee what paffed between the black and white man; I only knew that there was fome icuе.

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On what part of the Huftings did the fcufle 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 Hotel fhould not have chofe to have taken him into the Unicorn for this reafon; I faw a number of people there with large fticks, I had feveral blows before by thefe people, and i fhould not have chole to have carried him through them; I never faw any thing of him after the Gentleman that promifed me he fhould be taken care of, quitted me; I never faw him after I quitted him, till the whole affray was over, I then faw him laying in the yard.

HENRY HARVEY fworn.

Examined by Mr. Morgan.

What are you?I am one of the conftables belonging to the parish of Saint Ann's, Limehoufe; it was on the 10th of May; I only know that man in the brown coat, that is James Ward; I never faw him before, nor I have ever seen him fince; I never faw any one of the others to the beft of my knowledge.

Mr. Morgan. Go to the prifoners-look at them.

Mr. Erfkine.

Good God, Mr. Morgan!

Mr. Morgan. Sir, becaufe I know what he has fworn before.

Mr. Garrow. My Lord, it is now my turn to cross-examine this witnefs, and I afk your Lordship, whether it is ever permitted in a criminal court of juftice, to tell a man, or to hint to a man, what he has fworn elsewhere; and, I truft, my Lord, I shall not be told now, as I was a fhort time fince, that I am too young to do my duty to my client.

Mr. Morgan. Do you recollect the perfons of either of the others?-To the bell of my knowledge I do not.

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