Did you fee any thing done to Caffon ?-I was there attending my duty, with many other peace officers, I was near to the deceased when the riot firft began, I was clofe to the end of the Huftings, where Lord Hood's divifion was; there was fome fquabble, and a man came out with a white wand, who, I fuppofe, was under the direction of the High Bailiff, and ordered us to go into the Huitings on that fide; after the books were fhut 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 affift 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 cafe any thing happened.

Did you fee any thing done?-When I came there, there was a number of chairmen and Irifhmen, with fticks and bludgeons lifted up, amounting to fifty or fixty.

Was Caffon then knocked down?-No, that riot was quelled, and I put my staff in my pocket, and I went through the Irifh mob, and came round the back of the church; I returned into the front of the Huftings, and I acquainted Mr. Elliot the High Conftable, and Justice Wilmot, that there were a number of people with sticks and bludgeons at a houfe opened for the purpose of Mr. Fox; Mr. Elliot and Juftice Wilmot were then at Lord Hood's corner of the Huflings; Mr. Wilmot made anfwer, You foolish blockhead, we are able to beat off five thousand of them; with that I ftood clofe to the High Conftable and the Juftice, and many more of my brother officers, expecting thefe butchers with their marrow-bones and cleavers to go along.

Did you fee Caffon struck?--I faw 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 fee any body ftrike Caffon-I did not.

Was Ward upon the fpot ?-That man was there.

When did you firft fee him there?-I never faw him till the fecond riot began,

Do you know whether Caffon' had or had not been knocked down?

Court. Long before the marching of the marrow-bones and cleavers Caffon was killed.

Jury. Was Caffon alive when you faw Ward there I faw the tall man, there might be about a dozen or fourteen with sticks upright, and the dead man was as far off as that gentleman.

Jury. I wanted to know if Caffon was alive at the time of that fecond riot?—I saw him alive at the first beginning of the fecond riot.

Was Caffon before that fecond 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 ftick in his hand ?—I cannot fay, there were a great many of them, and they had fticks.

Cross-examined by Mr. Garrow.

What are you befides conftable?—I am conftable and beadle of the parish of St. Ann's, and a gardener by trade.

Have you been a gardener lately-Yes, I follow it every day.

You was attending your duty in Covent Garden the day you have defcribed?-Yes. How did it happen to become your duty, who were a conftable at Limehouse, to attend to preferve the peace at the Westminster Election ?-Here are my inftructions. The inftructions read, directed

"To the conftables and headboroughs of Limehoufe, and every of them, requiring "them, in his Majesty's name, to meet the High Conftable with their long flaves the next day, and figned

"George Elliot, High Conftable.

Did

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 fomething happening near Mr. Fox's houfe, that was the Unicorn, was it ?-I never faw the fign.

What countryman do you happen to be?-I am what you may call an Old English

man.

How did you know that was an Irish mob?-The Irish are a fet of people that are very frequently in thofe cafes.

So you take every man that is in a riot to be an Irifhman?-Sir, I do not fay every mob is compofed of Irishmen, I believe there were more Irishmen than Englishmen. So you came round the back of the church you say?—I walked all round the church, I went through a paffage that comes into King-ftreet, and I told my brother officers and the Juftice, that there was a number of people with sticks at Mr. Fox's house; I had been infide 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 feven 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 my 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 fuppofed to beat the five thoufand?—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 fay any fuch 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 Weftmintter conftables?—I cannot fay.

How many came with you from the Tower Hamlets?-Only four out of

I do not know how many.

my parish,

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 affembled at this mufter room on the morning of the 10th ?

--I cannot tell.

Were there fo few as fixty-I cannot tell.

Were there fo few as one hundred of you mustered there?—I fuppofe the room would not hold one hundred.

Were there affembled in that morning fo 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 af Eafter Tuefday; I am conductor of all the offices in the parifh.

What office do you hold immediately under Mr. Wilmot ?None at all, I never received a farthing of his money in my life; I was fent for by a Gentleman, who is the High Conftable's fon, Mr. Elliot.

How

How long ago is it fince he found you out?He faw me there.

You know that is not my queftion.I believe it might be in the courfe of a day or two afterwards.

Was not you fent for before the Coroner's inquifition fat on the body of Caffon ?— I do not know when that fat; I faw Ward with his ftick up like the other chairmen. Had he his blue great coat on ?-1 cannot fay, I was not clofe to him above a minute before I was knocked down.

You had never feen Ward before in your life?—No; I remember the features of the man, I do not remember any thing particular he had in his dr fs.

Mr. Baron Perryn. Did you fee any body ftrike the deceased at any time?-No.

JOSEPH GILMORE fworn.

Examined by Mr. Sylvefter.

What are you?—A carpenter; I live at the Three Tuns in Fleet-ftreet; I was at Covent Garden on the 10th of May.

Did you fee the deceased Caffon ftruck?—I did.

Who ftruck him?—This man in the blue coat with a red cape, Patrick Nicholfon.

What did you fee him ftrike the deceafed with ?-A large ftick with a nob to it. Where did he ftrike him?-On the fide of the head.

Where did the deceased stand at the time he was ftruck?-Near to the pump.

Which fide of the head did he ftrike him?-That I cannot fay particularly, whether it was the right or left.

Did he fall with the blow he received?—Yes.

Did any thing happen after that?—I did not fee any thing more; I saw him taken into Wood's Hotel two minutes after.

Are you fure that man was the man that ftruck the deceased?—I am fure of it, upon my word, upon my honour, and upon my oath.

Have you feen him fince the affair?-Never.

Cross-examined by Mr. Erskine.

Pray, Sir, was you examined before the Coroner?-No, I was not.

When was it that you made this difcovery to any body that you are telling us now? Yesterday in the afternoon, the reafons I will tell you prefently. You faw this man ftruck by the prifoner at the bar?-I did.

Then you knew at the time, for you fay you faw him carried into Wood's Hotel, that that was the man that was killed ?—I imagined him to be the man by his dress. Perhaps then you can favour us with the reafon why you did not make the discovery fooner? My reafon was this, I had made application before concerning the ftriking of Mr. Nafh'; one Kenny had ftruck Nafh, I gave my addrefs as living over the water, at the General Elliot, in Blackman-street; I had never heard any thing of the matter, and I came up to the Old Bailey yesterday about a little bufinefs I had of my own in hand, and I lighted of Mr. Nafh'; I fpoke to him, and asked him if that affair was coming on; he faid it was to come on this day, and therefore defired I would attend the Old Bailey; I then gave a fecond addrefs where I did live, and as fuch I received notice to attend this morning.

As

As foon as this man was ftruck, you faw him carried into Wood's Hotel ?—I went away from there and went round, and I came round to Wood's Hotel, and the man was brought in

You faw Nafh affaulted?—Yes.

How long after?--I fuppofe it might be very near an hour after that affair happened.

Have you ever feen the prifoner at the bar before?—I had feen him in the Garden before, and I had feen him at fome houfes; I never faw him do any outrageous act. Was not you examined before the Juftice about Kenny Yes, and that is the very reason I affert what I do.

You told nobody of this there?—No, I was never asked.

You knew Caffon had been killed at this time?-He had.

You knew that ?—I did.

You never mentioned it?—I was afked whether that was the man that hit Caffon, I told them, no; I was not asked whether or no I faw Caflon hit or no, that question was never afked me.

Will you fwear that I will, Sir; the queftion was never afked me to my knowledge; the question asked me was, whether I had feen that man ftrike Caffon; I faid, no.

Did

you fay you had seen him ftruck ?—I did.

Did you fay by whom?—I did not, because I did not know his name.

Did you endeavour to defcribe his perfon, that he might be apprehended?—No, I never was asked.

You knew that the Juftice was fitting to enquire into the death of Caffon ?—Yes. For that purpose, and for that purpofe only Yes.

You came to give evidence about Nafh ?-Yes.

Was not you then asked ?—Never to my knowledge, there was not fuch a question put to me.

Do you know that Gentleman ?-Yes.

Did he not put any fuch queftion ?—No.

Did you not know that the very purpose for which the magiftrate was fitting, was to fee whether it could be found out who it was that ftruck the mortal blow-Thepurpose that I went for was, to be a witness whether that man was the man or not; I was afked whether Kenny was the man; I did not fay to the Juftice that I knew who the man was; I faid that I knew feveral that was in the crowd.

Now you know that Kenny was only charged with affifting fomebody that killed him?. Yes.

Not charged with having ftruck the blow at Caffon himself, but with affifting fomebody that had; you knew that fact ?—I did.

Then you knowing who the perfon was, that was unknown to the Justice, that had ftruck him, whom Kenny was supposed to have affifted, did not tell the Juftice? The queftion never was put.

Who fhewed you Nicholfon yefterday?—Nobody at all, I did not fee him yesterday; 1 knew the man when he came to the bar, and I had not feen him but five or fix times.

What was your other bufinefs at the Old Bailey?—I had a little job, a lock, and I was going to get a key to it.

Was it about no trial?-No, Sir.

Nor you never was examined about any trial?I have had no notice.

Did not you come with Nafh with a brief to that gentleman ?-No, never in my life, nor never knew him.

Nor you know nothing of the matter?-No, Sir.

You fay nobody asked you if you faw who was the perfon ?—I fay fo.

Court. How did you know that this was the man that was taken into cuftody when you did not know his name?I heard that the man was in cuftody, and as I was coming, I faw Nafh, and asked him when his affair came on concerning Kenny; he faid he did not know; fays I, I have had no notice of it, it has amazed me much; fays he, I believe it will come on to-morrow, as the men are in custody; you must attend to-morrow morning at nine o'clock; accordingly this morning a perfon came to me to defire me to come down to the Old Bailey, and I was then informed that the men were in custody.

Did you know his name before?- -I did not, nor do I know that that is his

name now.

You came quite accidentally to the Old Bailey yesterday? to the Old Bailey yesterday?—Yes, I did not know till yesterday that I came up, that thefe men were to be tried, I did not know a word of it, I was going to search the brokers for a key, I went to feveral, their names I do not know.

In what street did you go to any fhop-In Turnmill-ftreet, and Peter-ftreet, and Cow-crofs, and now the lock lays at Mr. Ive's, ironmonger, in Fleet-street; I could not get a key to it.

Do you remember the marrow-bones and cleavers ?—I do.

Was it before or after this man received his death wound that they marched?—The marrow-bones and cleavers came first.

Did not you fay it was in King-ftreet you faw the affray?-I faw Nash knocked down in King-street.

Mr. Sylvefter. When you was before the magistrate, were either of the prifoners in cuftody then?Not that I faw.

EDWARD ARNOLD Sworn.

Examined by Mr. Morgan.

What are you?A carpenter and joiner.

Court. He is not upon the indictment neither.

Mr. Fielding. No, thefe are all new difcoveries.

Mr. Morgan. Where do you live?At No. 2, in Mount Pleasant; I was at Covent Garden on the 10th of May; I faw Caffon ftruck.

How was he dreffed?In a fnuff-coloured coat and a green
What fort of ftuff was his waistcoat made of?-Shag.

Do you know either of the prifoners at the bar? look at them.

waistcoat.

Mr. Fielding. And loook round the Court, look here.That is the man in the blue coat and a red cape, Nicholfon, that is the man I faw ftrike Caffon twice. Did you fee him do any thing elfe?-I think he jumped upon him.

Did you fee any of the other men?—I did.

(Mr. Erskine fent word to have the prifoner Nicholfon removed from the corner of the bar

to the middle.)

Cross-examined by Mr. Pigot.

How happened you to be at Covent Garden ?--I happened to be ill, and curiofity led me there; I had no hand in the riot; I was there between one and two, and staid there till the Election was over.