CASHMAN, HOOPER AND OTHERS, FOR STEALING FIRE-ARMS DURING THE SPA-FIELDS RIOT.

Old Bailey, Monday, Jan. 20.

JOHN CASHMAN, John Hooper, Rich. Gamble, William Gunnel, and John Carpenter, were brought to the bar, and stood indicted capitally for burglariously breaking and entering the dwelling house of W. A. Beckwith, in the day time (some persons being therein), and with stealing therefrom fire. arms amounting to 2001. and upwards, his property, on the 2d of December.

The jury were then charged, and the prisoners were put on their trial. Mr Bollard having stated the indict

ment,

Mr Gurney proceeded to address the jury, and to describe the circumstances under which the prisoners stood charged. He described the arrival of the mob in front of Mr Beckwith's shop, in Skinner-street, on Monday,

December 28, acting under the orders and directions of leaders. Cashman, Gamble, Gunnel, and Carpenter, he described as having taken an active part in breaking into Mr Beckwith's shop, and taking from thence the arms described in the indictment, and he said he should prove, by satisfactory evidence, that Hooper was present on that occasion, armed, and directing and abetting the other robbers by whom the house had been assailed; and he should farther prove, that he was not only present there, but had accompanied the mob from Spa-fields to Mr Beckwith's house, and from thence to the Royal Exchange, where he was secured. Having entered into some farther details of the outrages which were committed on the 2d December, and in which the prisoners were actively employed, he proceeded to call evidence to prove the case.

Mr Beckwith was first called; he stated that he lived in the parish of St Sepulchre; that he was a gun-maker; that on the 2d December last he went

from home, leaving a considerable quantity of guns and pistols in his windows and shop; he returned at three in the afternoon, and found his shop in a very demolished state. The windows of the shop were broken, and the frames also, and from 150 to 200 guns, and about 100 pair of pistols, powder, shot charges, &c. had been stolen. The value of the whole of the articles was 13417. 15s. 6d.

J. Roberts, apprentice to Mr Beck with. On the 2d of December, about twenty minutes after twelve, a young man, supposed to be young Watson, came to his master's shop. About a quarter of an hour afterwards, a mob of 400 or 500 came, and said they would have the young man out of the house. Some person broke the east side window with a stick; the glass was broken first, and then the frames. They then put their hands in, and came into the shop, and took the guns out. Witness saw the prisoner, Cashman, in the shop, taking from the drawer some shot charges; he also took out about twelve guns, and distributed them amongst the mob. He gave them out to them at the door. Witness thought that Gunnel was the man who broke the east window, but he would not take it on him to swear it.

G.Lydyard is a hair-dresser on Snow Hill. On the morning of 2d December he heard the report of a pistol, and he went into Mr Beckwith's shop. At first there were about ten persons before the door, snd shortly after a mob of 200; they carried a flag, upon which was written "Justice." They seemed to ask for their leader, but they did not say who he was. There was a person in a drayman's dress, who broke one window with a stick, and another man, dressed as a sailor, broke the window on the east side. On the windows being broken, the pistols were taken by boys, and the guns by men. Five or six men rushed into the shop,

and began to seize upon the arms in the glass-cases. The shop was almost entirely rifled. In the course of the plunder of the shop, saw the prisoner Cashman there; he had hold of Griffin, a person who was in the shop, and who had just returned, having gone for hand-cuffs for the man who was in custody. Saw Cashman go into the counting-house and take out arms twice, as many as he could carry. He threw them out to the mob.-Saw Gamble opposite the shop, before the windows were broke; he was close to the east window. He then had no gun nor any thing else in his hand. Saw him shortly after with a gun.

C. Griffin lives in Skinner-street, Snow Hill. On the 2d December went into Mr Beckwith's shop; first thing I saw was Worall, an officer, searching a man who had shot Mr Platt. Went after some hand-cuffs; returned in ten minutes; found a mob at the outside of the shop; the shop was then safe. Soon after some windows were broken by a drayman, with a kind of broomstick. Gunnel was the man. After the window was broke, in came Hooper and Cashman; they came from a flag which the mob had. Saw the flag as I went for the hand-cuffs in Hooper's hand in the Old Bailey. Was laid hold of by Hooper, on his coming into the shop. Cashman came and asked what was the matter? He collared me also, and a third man came up, but who the third man was I cannot tell. When Hooper came in I had hold of the handle of the door, they pulled it open. Hooper, before he came from the standard, cried out, "Follow me! follow me!" upon that the rush at the door was made. Did not think the window would have been broken but for this. Hooper pulled out a pistol from under his coat and pointed at me, saying "I can do that as well as you,” I having taken up a blunderbuss.

J. Dynan is a boot-maker, Snow

Hill. Saw Cashman bringing out some fowling-pieces from the shop, four in number; he came out with them in his arms, and gave them to the people at the door; he saw Carpenter in the middle of the mob, with two pistols in his hand.

J. Middleton is a whole-sale stationer in Skinner-street. On the 2d December, saw a number of persons pass down to Mr Beckwith's house; 1 recognized Hooper most certainly. He was conversing with a man that carried the flag, and I think he took the flag. My opinion was, that he was directing the mob. He had a pistol, and a cockade in his hat, and the flag was tri-coloured.

J. Page, a drayman, was in Warwick-lane with his dray about two on the day of the riot. The witness knows Gunnel, and saw him that day in New. gate-street; he had a gun in his hand, and was with a great number of people going to Cheapside, preceded by a flag.

D. Cartwright, police officer, was at the Royal Exchange on the day of the mob, and assisted in taking Cashman. When he (witness) got the gun into his hand, he found that it was loaded, and said to Cashman, "Why, there is something in this;" to which Cashman replied, "There is certainly, I brought it with me to kill or be killed." This witness produced the gun which Cashman had when taken,

Mr Alley, on behalf of the prisoners, now addressed the Court, and sub. mitted, that the present indictment could not be maintained. That the crime of which, from the evidence, there was proof against the prisoners, was one of a much greater magnitude than that for which the indictment had been laid. It was that of high treason, in levying war against the King, of which the felony for which they were now charged appeared one of the overt acts. It was evident that it was not for the

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purpose of plunder the mob had collected-the causa lucri was not apparent. Mr Justice Park. That is for the jury to decide.

Mr Alley, in continuation, observed, that the prisoners were deprived, by the present mode of indictment, of the advantages which they might have if accused of high treason, for in that they would have the benefit of challenging 35 jurors, and counsel would be heard in their defence. The very connection which had been established between the taking of the arms and the assemblage at Spa-fields was sufficient to shew that treason, not plunder, was the object, and therefore, he submitted to the Court, the prisoners ought to have been indicted for high treason, not for the felony.

Mr Curwood followed on the same

side.

Mr Justice Park said, the Court were of opinion, that there was no foundation for the objection. There was a question which had been fairly brought for the decision of the Jury

whether certain acts had been committed by the prisoners or not.

The prisoners being called upon for their defence, all denied any mischievous intention, or the commission of any act of violence.

Mr Justice Park proceeded to sum up the evidence. The offence imputed to the prisoners, viz. that of entering the dwelling-house of Mr Beckwith, and stealing arms, was made capital by the statute of William the Third. It was not necessary that all the prisoners should have entered the house; if they were aiding and abetting, that was sufficient to institute the offence with which they were charged.

Just as he had finished, the Lord Mayor introduced Griffin, who stated that it was Cashman, not Hooper, who had presented the pistol at him.

Mr Justice Park censured Griffin for his former inaccuracy.

The jury, at five minutes past four, retired; and at twenty-three past six returned, finding Cashman Guilty, and the other four Not guilty.

On the following day, Jenkin, Richard, and Simmons, were found guilty, and William Matthews, and John Hanson, guilty of Simple Larceny.

James Watson the elder, was indicted for cutting and maiming, but as this was found to have taken place in the course of a scuffle, the charge was departed from.

After the trials, James Watson the elder, James Watson the younger, John Hooper, Thomas Preston, and Thomas Cashman, were apprehended afresh, and indicted on a charge of conspiracy and riot. The charge was afterwards extended to High Treason, and the result will be seen in the following trial.

JAMES WATSON THE ELDEr, for
HIGH TREASON.

Court of King's Bench, Monday, June 9.

The indictment contained four counts. 1. Compassing and imagining to put the King to death: 2. Compassing and imagining to depose the King: 3. Levying war: 4. Conspiring to levy, war against the King, in order to compel him to change his measures.

The Attorney General explained the law of treason, and enumerated the series of overt acts as they will appear in the evidence. He concluded; I shall call a great many winesses, but only to the most important facts appertaining to the various transactions. A witness, who was privy to the conspiracy, is subject to this. He must be consider, ed to have been an accomplice. So he was beyond all doubt, but the law admits his testimony; and beyond all doubt he is a competent witness, if confirmed by others. But perhaps, though unconfirmed, the law, in many

cases, though it does not declare him incompetent, yet it would be too much to say a reliance should be put upon his testimony, in capital cases like this, where the life of a fellow subject is at stake. But say, nevertheless, that with out this evidence of an accomplice being allowed here, as cogent and strong evidence against the prisoner, you will say there is cogent and strong evidence against the prisoner of overt acts of treason upon this indictment. But I know I shall confirm this witness upon many circumstances, of the foundation for which there is no doubt.— The other persons who were accomplices with him in what he did will be so strongly corroborated by other evidence, there will be hardly any point in which he will not be confirmed by persons who were not accomplices, and who were ignorant as to what those circumstances led, until we came to inquire into them, and they confirmed this man in all that was necessary to the case. All doubt will now be removed, by which I shall have made out a case from these transactions in support of the indictment, namely, conspiring and imagining the death of the king, intending to depose the king, also levying war for the purpose of deposing his majesty.

In a trial, which lasted seven days, it is obviously impossible to introduce more than the most important evidence.

Thomas Storer, a printer, in Fetterlane, deposed, that he knew the prisoner. He remembered seeing him on Wednesday, 6th November last, at his house. He then presented a paper to the witness to be printed by the following evening. It purported to be a Memorial to the Prince Regent, to be distributed at a public meeting. Witness told him, that the time was so short it could not be done. Prisoner read part of it to him, namely, that the land was to be divided into parishes, and the rental to be distributed among the