You only took a folitary walk Yes.

Do you know Gilmore-Yes.

Where does he live, in your neighbourhood-He is an old acquaintance of mine; we were not together,

He was there by accident, as you was?-Very likely.

You fay Nicholfon is the man-I think he was the fame man, the perfon in the blue coat and red cape, that gave the blow.

Did you ever fee hun before --Never in my life.

Did you ever fee him fince ?-Never.

What did he ftrike him with ?—A stick.

What fort of a stick ?--I believe it was an afh ftick, with a club at the end of it. How was he dressed?--I remember only his features, he had loft his nofe and one eye.

So the features of a man whom you have never seen before, and never faw fince, you know perfectly well?-I think he is the very man.

Now, Mr. Arnold, you do not know how he was dreffed-No, it is the features of the man; I saw the man carried to Wood's Hotel, I never moved from the place where I ftood.

How near was it from the place where Caffon received the blow?-I stood a little distance from the back of the Gentlemen, by the fteps going up to the Huftings; when the man was carried away I went up to the other end of the Huftings, I went with him, I never quitted the place where I ftood till he was carried to Wood's Hotel.

Was he carried immediately from the place where he fell to Wood's Hotel ?-In the

course of two minutes.

And you followed him?—Yes.

There was fome examination into the matter by the Coroner's Inquest ?—I did not ftop any longer.

Do you know, or do you not know, that whenever a man is killed there is always an examination before a Coroner?-Yes.

Did you go before that Coroner's Inqueft, and tell that you knew the man that had given Caffon a mortal blow?-No.

Did you ever offer to talk with Gilmore?—I told him, we were speaking together, and I faid it was a cruel thing to fee a man murdered in that way.

When might you happen to have this converfation with Gilmore, last Friday fe'nnight-No, Sir, it was last Wednesday.

What did Gilmore fay upon that?-He faid he could give his oath that he saw the
man, and I told him the fame when we were in difcourfe together last Wednesday.
Court. Gilmore faid he never spoke to any person about it, let him be asked.
Mr. Fielding. My Lord, he has been in Court all the time.

You never converfed with Gilmore about it till laft Wednesday?-No.

You met him accidentally?—I did, and he said he thought he could fwear to the man; I faid I thought I fhould know the man too.

Did you tell any body elfe of it?-The perfon I work for, Mr. Stokes, he advifed me to come and tell what I did know; I have not mentioned a word about it till this day.

Then from Saturday till to-day you never spoke to any body?-No.

Not to any of the people that conduct this profecution?-No.

You come here perfectly voluntary, never been fubponed, never defired ?—No..
Court. I cannot fee how he was upon the Gentlemen's briefs.
Mr. Pigot. No, my Lord, it is not to be accounted for.

Mr.

Mr. Morgan. In a crofs examination of fuch witneffes in fuch a caufe, it is perfectly extraordinary, but perfectly confiftent with the whole conduct of the parties, to intrude obfervations.

Mr. Pigot. And with fuch a witnefs, in fuch a caufe, it deferves a reprehenfion, and I wish it was in my power to give it fuch a reprehenfion as it deferves.

Mr. Pigot. You came here to-day without any fubpoena ?-Yes, in company with a Gentleman I work for.

Is he a witnefs too?-No, I believe not.

Have you feen Gilmore to-day at all?Yes, I have, but had no converfation concerning this.

No, that I dare fay.He was in the room, there was no converfation about this bufinefs.

You never heard by any accident that any reward was to be given?-I do not wish for any reward.

I know you do not wifh for it, becaufe I know you are quite above it; but I want

to know whether you ever heard of it by any accident-No, never.

You never read the newfpapers ?-I never faw it in the newspapers.

I know you never did.-I fometimes read the newspapers.

You never walk abroad?--My bulinefs lays abroad.

You never read any hand bills that are fuck up at the corners of streets-I never, faw it.

Did you never caft your eyes to the corners or ends of ftreets, or thofe places where they flick up hand bills?—I have feen different things, but I never faw that.

You read fuch things fometimes, they intereft you a little?-Unless I am going by, I do not take any notice; they are things that do not concern me, but this I never faw nor never heard of.

There were fome marrow-bones and cleavers at the front of the Huftings?—Yes. That was before Caffon was killed, was it not?-Yes, and I don't know how long after; they were there before and after the time I staid.

The marrow-bones and cleavers were there before?—They were there before at the bottom part.

Court. Was not this bill of indictment found on Friday?—Yes.

Was you at Covent Garden on the 10th of May ?-Yes, I am a coal-porter in Ducklane, Westminster.

Did you fee the poor man that was killed ftruck?—I do not know Gentlemen whether that was the man or not.

Where did the man ftand that you saw ftruck?-He ftood within fix or eight yards of the pump.

How was he dreffed?-In a fnuff coloured brown coat, and green fhag waiftcoat; to the best of my knowledge, he had a round hat on, and his own hair. Where was he ftruck?-On the left fide of his head.

What was he ftruck with ?-With a flat bludgeon, the nob of the bludgeon was flat.

Defcribe the end of it?-The head of the bludgeon was flat.

Who ftruck him that blow on the head?-Gentlemen, I cannot fwear that; I cannot fwear that the man that Patrick Nicholfon ftruck was the man that was murdered; 3 E 2

I faw

I faw the beginning of it; but the end of it I did not ftop to fee? I faw the prifoner Nicholfon ftrike a man, dreffed in a brown fnuff coloured coat and green fhag waistcoat, and a round hat.

What became of that man who received the blow from Nicholfon? I do not know, -I did not ftop-I went away immediately; at the blow that came from the prisoner Nicholson, the man fell down like a block.

Did you fee the prifoner Nicholfon after?--Yes, I faw him and took him; I lived by him for years.

Are you fure he was the man?-I am fure he was the man that ftruck the blow; but whether that was the man that had his death from the blow, I cannot say.

Did any thing pafs the next day?-The next morning I came to my own door, it rained very hard, and Nicholson, and a girl that he kept, ftood together; he said, I believe I fhall not be at the Huftings to day, for I expect a warrant against me. Look at thofe other men ?--I do not know one of them,

Court. How long have you known Patrick Nicholfon?-About four or five years.

Cross-examined by Mr. Erfkine.

How long was this after the marrow bones and cleavers went across?-The mar row-bones and cleavers went twice, and at the fecond time of their coming this happened; they firft went from Henrietta-ftreet, towards King-street.

You fay at the fecond time?—I have given my evidence as plain as I can: have I. given my evidence, or have I not?

But you must answer a little more?-I fay, as they came back again the fecond time with the marrow-bones and cleavers.

Court. Was this before fuch time as the blows were given?-Yes, it was at the time the blows were given.

Mr. Erfkine. You call yourself a coal-porter?—Yes,

You was a foldier once?—Yes.

You are not a foldier now ?-I am a foldier now.

That difcipline was a little too fevere ?-What do you mean by difcipline?

Many a better man than I or you either have had difcipline; but never a worse man

than you I believe?I always did my duty as a foldier..

You have been in America, have you not Yes.

You have had a pretty fevere flogging there ?-So has many more.

Can you rembember what it was for ?-It was for robbing.

Did not you charge a man with an attempt to cominit an unnatural crime upon you? -No, Sir, I did not.

You will fwear that ?--I will fwear it and prove it; I dare any man to say that.

I lay it, Sir, and will prove it.-I infift upon it that you would.

You did not?-Never, I will front the man that says fo.

Perhaps you do not know Mr. Hubbard ?-I know him, fend for him if you pleafe;;

I infift upon his being fent for.

He went over to America with you?-Yes, I know him well.

You were in the fame regiment with bin?Yes, and in the fame company.

And was not you flogged?—I am not come here to be flogged.

But I will flog an anfwer out of you:- Was you, or was you not with Hubbard in America; and did not you receive five hundred lafhes?That does not concern this bufinefs, I am not come on that business now; this is not what I came about.

Court. You have no right to ask him for what crime he was flogged, I do not think a man is obliged to answer any queftion to his own turpitude.

Mr.

Mr. Erskine. My Lord, with great fubmiffion, I have always understood, that no man is in a Court of Juftice to be asked as to any thing that may bring a profecution upon him; but in order to get at the veracity of a witnefs, and to fee whether this man is really speaking truth or not, I have a right to ask him to an offence which is past and gone, and for which he cannot receive punishment again.

Court. I have always understood that no man or woman is to be asked a question that tends to difgrace themselves, I have known a woman asked whether the ever had a baftard child, and it has always been stopped.

Mr. Erfkine. It is quite fufficient for me upon this occafion that the man has pofitively fworn that he never was flogged.-I defy you or any man in this kingdom to fay that I have ever robbed any man.

Then you have been very unfortunate in having been taken for other people.

Do you know Mr. Rothen?-Yes, as honeft a man as ever touched the gallows. How often have you been in the watch-houfe?-I have been in the watch-house a dozen or fourteen times, always for fighting.

And nothing else?-No, Sir, nothing elfe, I defy you.

Perhaps you do not know Mr. Groves?-Who is he?

He knows you. He knows me, what can he fay;-that I have been whipped again?

Do you recollect refifting him with knives along with Champnefs?-No, Sir, I never did.

When he had a warrant against you? -You mean I affifted him.

I mean you would not fuffer yourself to be taken, but refifted him with knives-If you will fhew me the Gentleman I will tell you, but I cannot without you do.

GEORGE ELLIOTT worn

I am a broker by trade-I am High Conftable of the Tower Hamlets.

Did you attend the Huftings on the 10th of May ?—Yes, with my conftables, in confequence of an order from Sir Sampfon Wright.

Was Caffon one of your conftables?- Yes.

Did you fee the deceased whilft he was on the ground?—Yes.

What was his dress at the time?-I am not clear as to the colour of his coat, but I believe he had a fort of green fhag waistcoat.

Did, or did not that man die He died at Wood's Hotel, as I heard..

How many constables did you take up -I am not pofitive to the number; that man had only three with him; I suppose I had between fifty and fixty.

Cross-examined by Mr Pigott.

You have given a very proper evidence; were there not a good many conftables made and brought to the Huftings?—I did not see a man there that was not a parifh officer, unless it was four; there were four came to me to receive orders; I told them I did not know them.

Court. Was you prefent at this mufter in Patterson's auction room, in Covent Garden? I could not get them together there, Caffon was the first man that was there, I was feveral times in the auction room; on Monday fortnight I mustered them in that

room.

Had you the Tower Hamlet conftables there a fortnight before?I had as many as I could get.

JONATHAN

JONATHAN REDGRAVE Sworn.

Examined by Mr. Sylvefter.

I am a conftable of St. James's, Clerkenwell, I was at Covent Garden on the 10th of May, when this unfortunate man met with his death.

Did you fee who it was that ftruck him?—No.

Did you fee any perfons particularly active at that time?—I did, I faw James Murray very active in knocking people down, and likewife he ftruck me down.

Was that before or after this poor man met with his death?-I believe it was after; it must be after.

How long after?-Ten minutes.

Was you there at the time Mr. Caffon received his death?—I was towards Wood's Hotel, and this was done towards the pump.

WILLIAM SEASONS fworn.

I am a constable at Clerkenwell, on the 10th of May I faw Ward, and the man with the one eye, that is Shaw, I did not fee the man knocked down.

Was you engaged in taking these men into cuftody -I was not.

Did you fee them taken, either of them?—I did not, but I was there after they were taken.

CHRISTOPHER YOUNG Sworn.

I am a taylor in White-crofs- ftreet.

Was you at Covent Garden on the 10th of May ?-I was twenty-three days there,. but I cannot fay the day I first went, I was there at the very time and place, where the poor man was killed, I did not fee him, but I was knocked down at the fame time by James Ward.

Was that before or after Caffon had received his death blow? I do not know, my breath was out of me, I was taken up for dead.

Crofs examined by Mr. Garrow.

Ward was among the marrow-bones and cleavers-Yes, he had a marrow-bone in one hand, and a cleaver in the other, dreffed as a butcher in a white jacket.

Had he a ftick in his hand ?No.

Did the butchers wear white jackets?It was white jackets, or flannel, I cannot fay which.

ROBERT LINNEL fworn.

Was you at the Huftings when Caffon was knocked down?-No, Sir.

Was you at the Huitings on the 10th of May?—Yes.

Did you fee any thing done?-Not in regard of the murder.

You do not know when Caffon was knocked down?-No, Sir.

Mr. Morgan. I wish to call Mrs. Caffon, to prove the dr: fs.

Mr. Garrow. She has been in the gallery all the time, therefore I object to it.

Mr. Erskine. It is a very uncommon thing.

[The widow wished to speak from the gallery, but was not permitted by the Court.]

JOHN HUNTER fworn.

I am a Surgeon, I attended the wounded man, I was called on by two gentlemen of my acquaintance to go to Wood's Hotel, to fee a man who had received fome injury at the Huftings, at Covent Garden; between eight and nine in the evening I went there and found a man in bed, perfectly in his fenfes, having all the marks attending either a violent blow on the head, or fome injury done to the vital pars of the ftomach or the

heart;