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patrick and myself came to the Poll; we found we were late; and we came down
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 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
-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 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.
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..
Hood. Fox. Wray. Hood. Fox. Wray. Fox. Wray
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