loured coat and a green feathered waistcoat; he was ftruck with this High Conftable's staff on the left fide on the temple.

Did the blow appear to be fevere ?-No, it did not, but he fell with the blow; after he was knocked down, he was trampled over by the other conftables; he was taken to the corner of Mr. Fox's houfe, the Unicorn, and taken up one pair of stairs, and there continued an hour.

Where was he carried to afterwards?—I do not know, I never faw him afterwards; I was up there half an hour in the room.

Cross-examined by Mr. Sylvefter.

You know the High Constable of Westminster ?—Yes.

It was not he that knocked the man down?-I do not know that I should know him again.

Look at each of thefe High Conftables, was it either of them?-No, I do not fay it was, but I am fure it was a High Conftable; the man I faw had no ftaff; there was a ferious fcuffle between the two parties, Mr. Wray's party drove off Mr. Fox's.

They were all pretty peaceable when this blow was given?-He had no ftaff in his hand, the man that was knocked down, not as I faw; I cannot rightly fwear to the conftable's hat, but I could to his wig; I am fure he was an High Constable.

Mr. Erfkine. The other witnesses, that have fworn against the prifoners, have fworn to the direct contrary.

WILLIAM FOSSET

FOSSET fworn.

Examined by Mr. Erskine.

I was near the Huftings on the 10th of May-I remember the conftables coming round from King-ftreet way out of the Huftings, and driving the populace before them; there were a vaft number of them indeed, but one I particularly obferved was one Lucas, as I was in the populace; I was obliged to make way, and obferved Lucas ftriking a man who happened to cry out Fox for ever.

Did he ftrike him in a violent manner?He ftruck him in a violent manner.
That was his only fault was it? That was the only fault I faw in him.

What were the populace in general doing when the conftables were driving them with their flicks-Nothing but crying out Fox for ever, they were doing no mifchief, nor offering to do any; I particularly faw this Lucas almost knock a man down.

After this did you happen to be near the pump?-I will tell you,-first and foremost in coming along, I called out Gentlemen conftables, the Election is over, and the books are clofed, why do not you difperfe, and the mob will difperse afterwards; and juft as I spoke those words, a conítable, with a fhort staff, made a blow at me; he tried to make a fecond at me, but I flew into the mob to get out of

his way.

What had you been doing to deferve this blow ?-No other than what I have faid, I was then coming nearer the pump, and I faw a man fall.

At this time was the populace refifting the conftables-There was no refiftance at that time; the conftables came up to the pump, and were knocking and clearing with their flicks, I cannot tell how the man fell; I heard a great cry immediately that the conftables had knocked down a man and killed him;-these were the conftables that came from King-street.

Crofs

Cross-examined by Mr. Morgan.

Had you paid any particular attention to this man that was knocked down at the pump, before he was knocked down? No, Sir, I did not; there was a great affray enfued fome time after-I was among the populace, and faw a number of conftables with sticks; I never faw any with bludgeons that I could particularize.

You never faw them draw them out of their coats all at once?-I never did; I faw none to my recollection but the conftables about the man when he was knocked down, I did not go to the place.

Did you go after-No.

I am a Breecher-maker-I was at Covent Garden the 10th of May, about ten minutes before three, upon the leads belonging to the Unicorn; and about a quarter after three, Mr. Fox came out from the Huftings and went to one Mr. Jennings's, and in about five or fix minutes, a parcel of conftables came down with long ftaves in ranks like foldiers.

Did they ftrike any of the people?-First of all, there was fome before them crying out Fox, and they collared fome numbers of them, and other refcued them, but there were no weapons ufed on Mr. Fox's fide.

When the conftables came on, did the people make any resistance?-Not the leaft for twenty minutes; there was a man knocked down by the pump, within about a yard.

Was he taken into the Unicorn afterwards?-He was under the pump ten minutes before he was taken into the Unicorn, and bathed with water.

Who was about there?-There were conftables round about him, but there was nobody with bludgeons about him.

Was there any perfon there making any refiftance?-Not the leaft in the world, he was led through the ranks of chairmen which had sticks in their hands, and was taken to the Unicorn,-he remained there very near half an hour.

Then it was three quarters of an hour, before he was carried to Wood's ? the guards were there fome time before he was taken to Wood's.

Cross-examined by Mr. Sylvefter.

-Yes,

You are a journeyman Breeches maker -A mafter---I was next to Covent Garden in the front of the leads; they came eleven or twelve in a rank, and the High Constable before them; Caffon was in the firft rank; I faw a man give him a blow; they had all staves; but as for him, I did not fee his staff; I did not fee him till the man knocked him down; there was no fcuffle for twenty minutes after; only just then people cried out Fox, and they took them into cuftody, and the people went to rescue them again; but they had no arms-fo there was a fcuffle; there were ftaves on one fide, and no fticks on the other; I faw the deceased receive a blow fomewhere about his temple; I think I fhould know the man that gave the blow; I do not fee him there; I do not know his name; I faw the staff go twice; and I faw him give the first blow; and there was another blow given at him-but whether it was by him or no, I cannot tell.

Mr. Fielding. It will not be neceffary to trouble your Lordships with any more evidence, we have an infinite number of witneffes as to the fecond riot, and how it began.

RICHARD BRINSLEY SHERIDAN, Efq. fworn.

Mr. Fielding. I need not trouble you, Sir, with any question-I will state as fhort as poffible all I know of the matter; about a quarter before three, Colonel Fitzpatrick

patrick and myfelf came to the Poll; we found we were late; and we came down through the alley, which was made for the voters of Lord Hood and Sir Cecil Wray, at the King-ftreet end; there was the common cry made that was ufually made to Mr. Fox's voters, but no infult till we came to the Huftings; when we came there, we found that part that is railed for the voters, partly filled with a large company of peopit that had constable's ftaves in their hands, and feveral men with ftaves in their hands; but, otherwife, not at all appearing like peace officers called out, No Fox, and feemed as if unwilling to let us pafs; but feveral of the other conftables that knew us, and who appeared to be the Weftminster conftables, called to them, and told them our names; I oblerved they feem to be a very extraordinary fort of people, not in the leaft refembling peace officers, otherwife than having a great many painted ftaves, which some of them had not; I went to the Huftings-two men waited to fpeak to me-I brought them round to the defk-I tried to get them to the defk-but thefe men, upon hearing they were to poll for Mr. Fox, drove them down again, and prevented their polling for Mr. Fox; the Poll was then fuddenly clofed, five minutes before the right time, and feveral of our friends complained that Mr. Atkinson had clofed the Poll five minutes before the time, by which means Lord Hood and Sir Cecil Wray had the majority; upon feeing the conduct of thofe people who were prefent, that had been fworn in, in a very irregular manner, by Mr. Wilmot; I thought it right to go round into the veftry to the High Bailiff; I never had been there before, Mr. Fox and the other Candidates were cafting up the Poll; I complained of the conduct of these men; Mr. Atkinfon and me had fome altercation upon the fubject, and after fome couverfation we went to the door into Bedford-ftreet, out of the Church-yard; when we got through the door, I was to turn to the left, and go towards Jennings's, where fome ladies were waiting; as foon as I came into Henrietta-ftreet, I faw a vast number of people running away-it furprifed me very much: I asked what was the matter, and feveral people anfwered me, that Wilmot's conftables had fallen on Mr. Fox's people, and driven them before them; I turned the corner as quickly as I could, and I conceive that it must have been pretty nearly at that time that Caffon was ftruck. I did not fee the blown given; there had been a small affray or tumult that had ceafed for a moment, but there was a threatning of another affray by the conftables fhouting and brandifhing their ftaves;.. I could only judge by the fort of tumult, and the general appearance, I had a perfect conviction in my own mind, as well as from intelligence, that there was a determination to make an affray, and that fome mifchief fhould be done; to prevent which I ran up between the conftables, and that part of the men that feemed to oppose them, and called out to Mr. Fox's people, if you wish well to Mr. Fox, ftand back and keep the peace; many of them called out, that thofe fcoundrels of Wilmot's had behaved fo ill, that they were fure they came there on purpose to make a riot, I told the mob feveral times the only means to difappoint them was to be peaceable; I then went up towards the conftables, they were then drawn up in a body, they were brandifhing their ftaves, and feemed threatening the people in a manner to provoke a riot, and feeing one conftable who appeared at their head with a staff with a filver tip, whofe name 1 afterwards underfood was Wild, the perfon examined to-day; I went and told him my name, and two or three people behind me hooted out, No Fox! I put my hand on Wild's fhoulder, and begged him to come two or three paces from thefe conftables,. which he did; I then faid you feem to have the command of thefe people, why don't you remove them and take them away; Wild replied he had no coininand over them, they were Wilmot's people; I faid their intention was certainly to breed a riot, and Wild antwered me that he was afraid it was, but he would go back and fee what he could do; Wild faid fomething to me about a perfon being knocked down; I did not

make

make the answer, that the man fhould be taken care of, but I fhould if I had known it; I muft in justice fay, that while I faw Wild, he endeavoured to do his utmost to prevail on thefe people to go back; if they had there would have been nothing further: juit after I had finifhed fpeaking to Mr. Wild, a perfon faid to me, pray, Mr. Sheridan, let this poor man have room, and I looked round and faw a circle made round a man who was raised up, with two men by him, one of which was fanning him; I afked them why they did not get water and throw it in his face; there was fome Weftminiter conftable affifting the man, and a great body of people that were fuppofed to be in Mr. Fox's intereft were there, the general cry was, that he was knocked down by the conflables; others faid no, that he was a conftable, and knocked down by one of his own conftables; I remember two or three people faying, thefe Wapping conitables were pretty fellows to fight, for they have knocked down one of their own men, the general cry was very ftrong, that he was knocked down by a conftable.

The difference of opinion was, whether he was a conftable or one of Fox's party, but there was no difference of opinion who knocked him down?-There was none; I was in hopes that there would have been perfect peace and quiet; I turned round and faw the other conftables had not moved a fingle ftep; I fpoke to Wild, he faid he could do nothing with them; I am pofitive there was not one marrow-bone and cleaver came up while I was there.

Mr. Morgan. I believe, Sir, you was frequently there?—Yes, Sir, often enough to have obferved any thing.

Was you there on the Monday that this accident happened for any confiderable space of time?—I had not been there before that day, I came in at King-street end of the Huftings, confequently I could not fee the marow-bones and cleavers, we came down James-itreet, we did not chufe to come round the Garden, Colonel Fitzpatrick was with me.

I believe it was a fettled rule with you to come in at the other end?—I very often came in at King-street end, it being more convenient to me, I did not chufe to put myfelf out of the way, the general ill conduct of the perfons at the end of Lord Hood and Sir Cecil Wray's, had made it neceffary to come in at the other end.

You do not mean to say that all the noife was made at Lord Hood and Sir Cecil Wray's end?-Moft certainly not.

How many days had the chairmen and other people, armed as we fay with sticks and bludgeons, attended?

Mr. Pigot. You do not mean to ask that question.

Mr. Morgan. How many men were there that day?—I will fave Mr. Morgan the trouble of keeping the Jury with unneceffary questions; the Huftings were constantly furrounded, as flated by the learned Counfel in opening this curious profecution; for he ftated, that the Huftings were constantly furrounded with immenfe numbers, and that is a fact, though ftated by him; and there were complaints for people to come up and poll; the confequence was, that there were daily advertisements from both Committees, in all the public papers, each fide boafting, that great care was taken to keep a line for the voters; there were many conftables employed on both fides; any man that would lend his affiftance, if he had a cane, or rattan, or any thing, was much better qualified to do it; I obferved the line on the King-ftreet end was better kept than the line on the other; but it was by both parties admitted, and found abfolutely neceffary, that whoever would lend his affiftance, it was doing a fort of fervice, as thefe people always conducted themselves: no perfon can deny that there were people with fticks at both ends of the line, but their numbers I do not know.

Mr. Erfkine. I fhall now proceed to fhew your Lordship and the Jury, that this man of the name of John Jofeph, is unworthy of all credit in a Court of Juítice.

Serjeant

Serjeant HUBBARD, of the Coldstream Regiment of Guards, fworn.

Examined by Mr. Erfkine.

Do you know John Jofeph, who has been examined here as a witnefs to day?-Yes,. ten years and upwards, I am of the fame regiment; I recollect his receiving punishment by the fentence of a Court Martial, for extorting money from an American, and he could not pay him the money, and after that he laid an unnatural charge against him.

He denied that here to day, he fays there is no truth in it ?-It is truth, he was tried for that crime, and convicted, and received punishment as far as I have heard in the Court Martial; I faw part of the punishment inflicted on him.

You have known this man a great while, and of courfe know his general character;. would you believe him upon his oath ?—I would not.

How

many

lafhes had he?—The fentence was a thousand.

Mr. Sylvefter. You are a ferjeant in the Guards, and he is a foldier in the Guards?—

No.

Was you prefent ?—I heard part of the fentence of the Court Martial read.

You was not prefent when he was tried?-I did not hear the whole of the charges; none of the officers are here that were present there.

Court. This is quite irregular, you fhould produce the fentences, all that the Jury will attend to is, that the man has known him ten years, and would not believe him upon his oath.

HENRY WRIGHT worn.

I am keeper of Tothill-fields Bridewell, and have been fo eighteen years, I have known Jofeph ten or twelve years; he was committed to our prifon at the last Westminfter Election for ftealing a poker.

Court. Afk Wright his general character.

you

Would believe him upon his oath ?—I do not think that any body would in such a matter as this; upon my oath I would not believe him.

How long has he been out of your cuftody -The last Westminster feffions.

Serjeant PHILLIPSON fworn.

I was formerly ferjeant in the Guards in America; I knew Joseph perfectly well, I "knew him three years in America.

bad one..

He is a man of very good character, is not he?A very
Would you believe him on his oath ?Really I would not.

You do not think him, from your knowledge of him, deferving of any credit ?-I do not.

JOSEPHUS ROFFEY Sworn.

Do you know Jofeph ?-Yes.

What are you?-I am a fhoe-maker by trade, and a patrol; I know him excedingly well.

What fort of a man is he as to his character?-He has an exceeding bad character. Would you believe him on his oath ?-Not for a farthing.

Mr. Morgan. I can let you into a fecret; he has just as good an opinion of you.That may be fo, but I have a better opinion of myself than he has of himself.

Court to Jury. Gentlemen, the prifoner, Patrick Nicholfon, ftands indicted for the wilful murder of Nicholas Caffon; and with refpect to the three laft prifoners, after having gone through the evidence on the part of the profecution, I ftated to you whether you wished that they should be put on their defence, and you thought as I did,

that