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patrick and myself 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-street end; ther. was the common cry inade that was usually made to Mr.
Fox's voters, but no insult 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 peopie
that had constable's staves in their hands, and several men with staves in their hands;
but, otherwise, not at all appearing like peace officers called out, No Fox, and seemed
as if unwilling to let us pass; but several of the other conftables that knew us, and who
appeared to be the Westininiter conftables, called to them, and told them our names; I
observed they seem to be a very extraordinary fort of people, not in the least resem-
bling peace officers, otherwise than having a great many painted staves, which some
of them had not; I went to the Hustings—two men waited to speak to me-I brought
them round to the desk-I tried to get them to the desk-but these 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 suddenly closed, five minutes before the right time, and
several of our friends complained that Mr. Atkinson had closed the Poli five minutes
before the time, by which means Lord Hood and Sir Cecil Wray had the majority;
upon seeing the conduct of those people who were present, that had been sworn
in, in a very irregular manner, by Mr. Wilmot; I thought it right to go round
into the vestry to the High Bailiff; I never had been there before, Mr. Fox and
the other Candidates were casting up the Poll; I complained of the conduct of these
men ; Mr. Atkinson and me had some altercation upon the subject, and after some
couversation we went to the door into Bedford-street, out of the Church-yard; when
we got through the door, I was to turn to the left, and go towards Jennings's, where
some ladies were waiting; as soon- as I came into Henrietta-street, I saw a vast
number of people running away—it surprised me very much: I asked what
was the matter, and several people answered me, that "Wilmot's constables had
fallen on Mr. Fox's people, and driven them before them; I turned the cor-
ner as quickly as I could, and I conceive that it must have been pretty nearly
at that time that Casfon was struck. I did not see the blown given; there
had been a small affray or tumult that had ceased for a moment, but there was a
threatning of another affray by the constables shouting and brandishing their staves ;..
I could only judge by the sort of tumult, and the general appearance, I had a perfect
conviction in my own mind, as well as from intelligence, th t there was a determina-
tion to make an affray, and that some mischief should be done; to prevent which I
ran up between the conftables, and that part of the men that seemed to oppose them,
and called out to Mr. Fox's people, if you wish well to Mr. Fox, ftand back and keep
tho peace; many of them called out, that those scoundrels of Wilmot's had behaved
fo ill, that they were sure they came there on purpose to make a riot, I told the mob
feveral times the only means to disappoint them was to be peaceable; I then went up
towards the constables, they were then drawn up in a body, they were brandishing their
ftaves, and seemed threatening the people in a manner to provoke a riot, and seeing one
conftable who appeared at their head with a staff with a silver tip, whose name 1 after-
wards under food was Wild, the person 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 these conftables,
which he did; I then laid you leem to ha.e the coinmand of these people, why don't
you remove them and take them away; Wild replied he had no coinmand over them,
they were Wilmot's people ; 1 fail their intention was certainly to breed a riot, and
Wild answered me that he was afraid it was, but he would go back and see what he
could do; Wild said something to me about a person being knocked down; I did not

make

!

make the answer, that the man should he taken care of, but I Mould if I had known it; I must in justice fay, that while 1 faw Wild, he endeavoured to do his utmott to prevail on these people to go back; if they had there would have been nothing further : juit aller I had finished speaking to Mr. Wild, a person taid to me, pray, Mr. Sheridan, let this poor man have room, and I looked round and saw a circle made round a man who was raifed up, with two men by him, one of which was fanning hin; I asked them why they did not get water and throw it in his face; there was tome Weltmintter constable assisting the man, and a great body of people that were supposed to be in Mr. Fox's interest were there, the general cry was, that he was knocked down by the constables; others said no, that he was a constable, ana knocked down by one of his own constables; I remember two or three people saying, these Wapping conitables were pretty fellows to fight, for they have knocked down one of their own men, the general cry was very strong, that he was knocked down by a conftable.

The difference of opinion was, whether he was a constable 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 single itep; I spoke to Wild, he faid he could do nothing with them; I am positive 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 observed any thing.

Was you there on the Monday that this accident happened for any considerable space of time?-I had not been there before that day, I came in at King-street end of the Hustings, consequently I could not see the marow-bones and cleavers, we came down James-itreet, we did not chuse to come round the Garden, Colonel Fitzpatrick was with me. I believe it was a settled 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 chuse to put myfelf out of the way, the general ill conduct of the persons at the end of Lord Hood and Sir Cecil Wray's, had made it necessary to come in at the other end.

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

How many days had the chairinen and other people, armed as we say 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 save Mr. Morgan the trouble of keeping the Jury with unnecessary questions; the Huftings were constantly surrounded, as slated by the learned Counsel in opening this curious prosecution ; for he stated, that the Hustings were constantly surrounded with immense numbers, and that is a fact, though stated by him; and there were complaints for people to come up and poll; the consequence was, that there were daily advertisements from both Committees, in all the public papers, each fide boasting, that great care was taken to keep a line for the voters; there were many constables employed on both sides; any man that would lend his assistance, if he had a cane, or rattan, or any thing, was much better qualified to do it; I observed the line on the King-itreet end was better kept than the line on the other; but it was by both parties admitted, and found absolutely necessary, that whoever would lend his ailistance, it was doing a sort of service, as these people always conducted themselves : no person can deny that there were people with sticks at both ends of the line, but their numbers I do not know.

Mr. Erskine. I thall now proceed to thew your Lordship and the Jury, that this man of the name of John Joseph, is unworthy of all credit in a Court of Juitice.

Serjeant

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

Examined by Mr. Erskine. Do you know John Joseph, who has been examined here as a witness to day?-Yes, ten years and upwards, I am of the same regiment; I recollect his receiving punishment by the sentence 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 says 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 saw part of the punishment inflicted on him.

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

lashes had he?-The sentence was a thousand. Mr. Sylvester. You are a ferjeant in the Guards, and he is a soldier in the Guards? No.

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

You was not present 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 should produce the sentences, all that the Jury will attend to is, that the man has known himn ten years, and would not believe him upon his oath.

HENRY WRIGHT sworn. I am keeper of Tothill-fields Bridewell, and have been so eighteen years, I have known Joseph ten or twelve years; he was committed to our priton at the last Westminster Election for stealing a poker.

Court. Ask Wright his general character.

Would you 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 custody :--The last Westminster sessions.

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

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, deserving of any credit I-I do not.

JOSEPHUS ROFFEY sworna Do you know Jofeph ?-Yes.

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

What sort 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 secret; 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 prisoner, Patrick Nicholson, stands indicted for the wilful murder of Nicholas Caffon; and with respect to the three last prisoners, after having gone through the evidence on the part of the prosecution, I stated to you whether you wished that they fhould be put on their defence, and you thought as I did,

that

bad one.

that there was not sufficient evidence to put them on their defence, as to being present at the time; therefore, in the long evidence which I am going to state to you, you will consider the prisoner, Patrick Nicholson, only. The first witness was Thomas Davey; he is contradicted by almost every other witness, and his evidence is very little material as to the charge against this prisoner. You will observe, that neither Gilmore nor the other witnettes were examined before the Coroner, before Justice Wilinot, or before the Grand Jury who found the Bill last Friday; and the cafe rests upon the credit you give to these three witnesses on the part of the prosecution, to which you must subjoin the evidence respecting the character of John Joseph, who is the only person that was examined before with respect to this transaction. The other witneffes were never known to be witnesses till this morning, and the Counsel say they have not their names in their briefs; if you believe these three witnesses, to be sure the charge is proved against the prisoner; but fupposing you should give credit to these three witnelles, supposing you can possibly give credit to the three witnesses examined for the prosecution, with all their variations and contradictions, and the character of Joseph, there is another matter for your consideration, which is, what is the offence? Now every one of the witnesses that have been examined on the part of the prisoner, and not contradicted at all, own, that the first attack was given by the constables; if so, what the people did may be said to be in their own defence, and one of them giving an accidental blow, you cannot make it any thing but manslaughter; but for my own part, I think, on the variations and contradictions that appear on the part of the witnesses for the prosecution, it is for you to determine whether you will not acquit the prisoners.

PATRICK NICHOLSON,
JAMES WARD,

NOT GUILTY.
JOSEPH Shaw,

AMES MURRAY, Mr. Erskine, My Lord, Mr. O'Brien, who was included in this indictment, came here for the purpose of surrendering himself; if you can spare a few minutes to have him arraigned, I believe I may trust to the candour of the learned Gentlemen on the part of the prosecution, that they have no further evidence.

Mr. Morgan. I cannot say I can give stronger evidence against him than I have already given.

DENNIS O'BRIEN, Esq. was then indicted for the wilful murder of Nicholas Casson, and aiding, abetting, and assisting in the said murder. There being no other evidence, he was

ACQUITTED. PATRICK KENNY and THOMAS NICHOLSON were indicted (the next morning) for the wilful murder of the said Nicholas Casson.

Mr. Garrow. My Lord, the Counsel for the Crown decline to give any evidence against these prisoners..

BOTH ACQUITTED.

A Com,

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64

IO

316
318

273

68

April 1

First Day

Second
3

Third,
5

Fourth
6 Fifth

Sixth
8 Seventh
9 | Eighth

Ninth
12

Tenth
13 | Eleventh
14 | Twelfth
15 Thirteenth
16 Fourteenth
17.

Fifteenth
19 Sixteenth
20 Seventeenth
21

Eighteenth
22 Nineteenth
23

Twentieth
24 Twenty-first
26 Twenty-second
27 Twenty-third
28 Twenty-fourth
29 | Twenty-fifth

30 Twenty-sixth
May 1 Twenty-seventh

3 Twenty-eighth
4 Twenty-ninth

Thirtieth
6 Thirty-first
7 Thirty-second
8 Thirty third
IO Thirty-fourth
II Thirty fifth
12 Thirty-fixth
13 Thirty-seventh
14. Thirty-eighth
15 Thirty-ninth
17

Fortieth

Hood. Fox. Wray. Hood. Fox. Wray. Fox. Wray
264
302 238

264

302 238
970
941
806

1234 I 243 1104 139
951 630 871

2185 1923
1975

52
1077 945 IOIO

3262 2868
2668 2985

117
674 545 637 3936 | 3413 / 3622

209
522
414
495
4458 3827 | 4117

290
339 299 303 4797 4126

4422

296
80
75 69 4877 4201

4489

288
341 271 299 5218 4472 4788
246 205 207 5464 46774995
117 142 97

5581 4819 5092
151 186 116 5732 5005 5208

203
143 143 113
5875 51485321

173
96
82 79 59715230 5400

170
81

65 6052
6052 5305 5465

160
68

6120
53705533

163
54 73 41 6174 | 5443 5574

131
65 76 49 6239 5519 5623

104
35 51
27 6274 5570 5650

80
45
49 6327 5615 5699

84
56
38 6377 1 5671 5737

66
52 79 40 6429 5750 5777
39 77 29 6468 5827 5806 21
39

36 6507 5883 5842 41
25

23 6532

6532 5921 5865
16
42 12 6548
6548 5963 5877

86
14 29

13 6562 5992 5890 102
12 24 I2 6574 | 6016

5902 114
14 33 116588 6049 5913

136
12 35 5
6600 6084 / 5918

166
14 20

II 6614 6104 5929 175
IO
9
8 6624 61135937

176
II 21

9 6635 6134 5946 188
23 15 19 6658 6149 5965 184
5 16 6 66636165 5971 194
5
17
6 6668

6182

5977 205
12 3

6672 6194 5980 214
7
6675 6201

219
17 5
6681

231
13

16 II 6694 6234 5998 | 236
6694 6234 | 5998

52
51

27

56

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5982

6218 5987

Total

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