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him for years.
I saw the beginning of it; but the end of it I did not stop to see? I saw the prisoner Nicholson strike a man, dressed in a brown snuff coloured coat and green fhag waistcoat, and a round hat.
What became of that man who received the blow from Nicholson? I do not know, I did not stop--) went away immediately; at the blow that came from the prisoner Nicholson, the man fell down like a block.
Did you see the prisoner Nicholson after ?-Yes, I saw him and took him; I lived by
Are you sure he was the man ?-I am sure he was the man that struck the blow; but whether that was the man that had his death from the blow, I cannot say.
Did any thing pass the next day?--The next morning I came to my own door, it rained very hard, and Nicholson, and a girl that he kept, stood together; he said, I believe I mhall not be at the Hustings to day, for I expect a warrant against me.
Look at those other men ?-I do not know one of them,
Court. How long have you known Patrick Nicholson ?--About four or five years.
Cross-examined by Mr. Erskine. How long was this after the inarrow. bones and cleavers went across ?- The marrow-bones and cleavers went twice, and at the second time of their coming this happened; they first went from Henrietta-street, towards King-street.
You say at the second time?- 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 say, as they came back again tKe fecond time with the marrow-bones and cleavers.
Court. Was this before such time as the blows were given ?-Yes, it was at the time. the blows were given.
Mr. Erskine. You call yourself a coal-porter ?-Yes,
Many a better man than I or you either have had discipline; but never a worse man than you i believe?-) always did my duty as a soldier..
You have been in America, have you not ?--Yes.
Did not you charge a man with an attempt to cominit an unnatural crime upon you? --No, Sir, I did not.
You will swear that _I will swear it and prove it; I dare any man to say that.
Perhaps you do not know Mr. Hubbard ?-I know him, send for him if you please; I infist upon his being sent for.
He went over to America with you ? - Yes, I know him well.
But I will flog an answer out of you : Was you, or was you not with Hubbard in America; and did not you receive five hundred lashes ?--That does not concern thia buliness, I am not come on that business now; this is not what I came about.
Court. You hare no right to ask him for what crime he was fogged, I do not think a man is obliged to answer any question to his own turpitude.
Mr. Erskine. My Lord, with great submision, I have always understood, that no man is in a Court of Justice to be asked as to any thing that inay bring a profecution upon him; but in order to get at the veracity of a witnels, and to see 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 disgrace themselves, I have known a woman asked whether she ever had a bastard child, and it has always been stopped.
Mr. Erskine. It is quite lufficient for me upon this occasion that the man has pofitively sworn that he never was flogged.—I defy you or any man in this kingdom to fay that I have ever robbed any inan. Then you have been very unfortunate in having been taken for other people. Do
you know Mr. Rothen ?-Yes, as honest a man as ever touched the gallows. How often have
been in the watch-house-I have been in the watch-house 2: dozen or fourteen times, always for fighting.
And nothing else?-No, Sír, nothing else, I defy you.
He knows you.He knows me, what can he say;--that I have been whipped again?
Do you recollect resisting him with knives along with Champness ?-No, Sir, I never did.
When he had a warrant against you ? -You mean I affifted him.
I mean you would not suffer yourself to be taken, but resisted him with knives If you will fhew me the Gentleman I will tell you, but I cannot without
GEORGE ELLIOTT Sworn
Did you attend the Huftings on the roth of May :-- Yes, with my constables, in consequence of an order from Sir Sampson Wright.
Was Casson one of your constables ? -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 sort of green fag waistcoat.
Did, or did not that man die He died at Wood's Hotel, as I heard..
take up I am not positive 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 constables made and brought to the Huftings :- I did not see a man there that was not a parish 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 present at this muster in Patterson's auction room, in Covent Garden? I could not get them together there, Caffon was the firít man that was there, I was several 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
JONATHAN REDGRAVE sworn.
Examined by Mr. Sylvester. I am a constable of St. James's, Clerkenwell, I was at Covent Garden on the roth of May, when this unfortunate man met with his death.
Did you see who it was that struck him? -No.
Did you see any persons particularly active at that time ?-I did, I saw James Murray very active in knocking people down, and likewise he struck 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. Caspon received his death ?-_I was towards Wood's Hotel, and this was done towards the pump.
WILLIAM SEASONS sworn. I am a constable at Clerkenwell, on the oth of May I saw Ward, and the man with the one eye, that is Shaw, I did not see the man knocked down.
you engaged in taking thele men into custody :-I was not. Did you see 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-cross-street.
Was you at Covent Garden on the oth of May ?-I was twenty-three days there, but I cannot say 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 same time by James Ward.
Was that before or after Casson had received his death blow?-I do not know, my breath was out of me, I was taken up for dead.
Cross 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, dressed as a butcher in a white jacket.
Had le a stick in his hand ? No.
Did the butchers wear white jackets - It was white jackets, or flannel, I cannot say which,
ROBERT LINNEL sworn.
JOHN HUNTER sworn.
heart; I was informed that he had been bled, and some physic was ordered, I saw nothing more could be done, I examined the man every where as narrowly as I could, but I saw no violence; there was a surgeon said, that there was a mark of violence on the left side of the head or neck, but I did not observe it; as there was nothing to lead me to a further examination I left him, defiring that he should be kept quiet, and I would call in the morning; but I believe I signified that I did not suppose that I should find the man alive in the morning ; I happened to be out that evening, several people called on me, and I was told that Mr. Sheldon, the surgeon, had been sent for to meet me; it was past twelve when I returned, and I wrote an answer that I would meet Mr. Sheldon on the morrow morning at ten o'clock; the servant came back and told me the man was dead, and Mr. Sheldon was there then, I then thought there was no neceflity to meet Mr. Sheldon; I received an order the next day, to attend the Coroner at five the next evening to open the body, Mr. Sheldon and I opened the body; on opening the body we found in his chest three ribs broke on the left side, and some other small marks of violence not of much signification, there was some extravasated blood in the chest; I next examined the head, upon making an incision into his cap on the left temple, I obferved extravasated blood where a blow most probably had been received, when the skull was removed we observed more blood to issue than common; at the first membrane of the skull, we found opposite to the extravasated blood, a considerable quantity of coagulated blood laying between the two membranes of the brain; we examined the skull on the inside, and opposite to that from where the first extravasated blood had appeared, there were found several fractures.
Court. Were those the occasions of his death -No, those were the appearances of it: the extravasated blood found on the right side, opposite to where the blow was given, occasioned by the blow, was the cause of his death.
What do you suppose the blow was given with ?-I should suppose it was given by a blunt instrument; a Tharp heavy inftrument, such as a rod of iron, will make a very confiderable external appearance, perhaps greater than an internal one; but an inftrument of a considerable fize, and with considerable velocity, may make no external appearance, because it covers so large a surface, but it may give the head such a thock, such a quick velocity, as to produce extravafation.
Court to Jury. What do you fay with respect to the prisoners Ward, Shaw, and Murray; do you think it neceffary to put them on their defence?
Jury. We think not.
Court to prisoner Nicholson. Now is the time to make your defence, your Counseli cannot speak for you? Prisoner. I leave it to my Counsel and Almighty God!
Captain GARSTON fworn.
Examined by Mr. Erskine. Was you at Covent Garden on the roth of May ?-I was. Was
you there at the close of the poll - I was. In what part of Covent Garden :-Abreast of the pump. At what distance?-I suppose about four yards, I was fitting on a coach box, Did you see a person at the pump that bad been struck by fome body?-_I did. Which you know now to be the perfon we have been talking about to-day :--I ima
Was he laying under the pump ?-He was leaning back in a man's arms, there were several people about him, they were giving hinn air; I did not see the blow given.
How long had you been there before you saw this man in that condition ?--About a quarter of an hour, previous to the clofe of the poll.
In what state was the Hustings at that time in respect to the tumult-It appeared to me to be perfectly quiet; previous to the time the person lay under the pump, there had been a fmall affray, in which the constables beat the people on the right and on the left.
Did you see what was the cause of that little affray ?-A man appeared to me to be holding up fomething like a halfpenny, and there was a fcuffie about a black man; it appeared to me that the constables juinped over the outward rail, and endeavoured to take there people that had been in that little scuffle into custody; and that it was a trifing atfray, comparatively lpeaking, to the bustle I saw one day before, near the Huftings.
How long was it before the confusion became considerable ?-It was a considerable time afterwards; in about four or five minutes after the constables jumped over the rails, I saw this man down; the conftables came out in very great force, I speak as to number: about four or five minutes before I saw Caffon down, they were driving people to the right-hand and left, the conftables beat them excessively, and struck them with their short staves, they had some short ones; the people that were in the front went away of course; Caslon was killed in that little affray, I saw him laying under the pump ten or twelve minutes.
Did the proceedings that you observed in the conftables appear to be necessary to quiet the disturbance ?- It is a matter of opinion, I did not observe it.
Did you fee any resistance ?--No, none, nor a stick held up at that time, except the common little bustle; I thought there was a vast number of conítables to take away two or three people that committed a paltry riot.
A considerable time after, I believe there was a scuffie? - There was.
How long after was it when it began, and how did it begin :- About ten or twelve minutes, or a little more; the man was laying under the pump at this time: there were marrow-bones and cleavers came round to the Unicorn from the end of Henrietta-street to the rails the other side of the pump, a little way where the man laid on the pavement, and they kept beating their marrow-bones and cleavers for fome time, and the moh at that time appeared to be in spirits : this was the first time I saw the marrowbones and cleavers go off. The constables appeared to me rather too open; it appeared to be a manæuvre of the constables; as foon as they got them within their reach, they attempted to close upon them.
If any of the persons who were on the outside at the time the constables jumped over the rails had assaulted the constables, do you think you inust have seen them -I think I must; it appeared that there was no asfault on the constables till after the man had been killed ten or twelve minutes.
Cross-examined by Mr. Morgan. How long had the company of butchers with the marrow-bones and cleavers been there before?-I did not see the marrow-bones and cleavers; he could not have been knocked down but a very few minutes by this mob.
Did not you when you first came fee the mob ?The marrow-bones and cleavers, I saw the men in whitish coats; I sat on the coach-box about four or five yards from the breast of the pump.
Were there not marrow-bones and cleavers there?- They might be, but I did not see them, not until after Casson had been killed ; I first saw them on the other side of the pump, I never saw them on that day.
Where were they when you first saw them?-They were there when I firft saw them.